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Navy Veteran's Mesothelioma Case Allowed to Proceed, Despite Asbestos Companies' Objections

The family of a deceased veteran who served four years in the Navy and who died of malignant mesothelioma will be able to proceed with their mesothelioma lawsuit against multiple asbestos companies, despite those companies trying desperately to argue against his claim.  The companies had attempted to bar testimony he’d given as hearsay and his identification of their products onboard his Navy ship as inappropriately documented, but the Superior Court of Rhode Island refused to provide them with the summary judgment that they sought.

Despite the fact that it has been well established that asbestos causes malignant mesothelioma, asbestos companies continue to fight tooth and nail against having to provide compensation to those who their products harmed. The case of Paul F. McCarthy is a telling example of this. Mr. McCarthy served in the Navy from June of 1951 through June of 1955. After his period of basic training he was assigned to the U.S.S. Glennon. While onboard the Glennon he served as a member of the deck force, then moved on to the position of quartermaster. His responsibilities included a number of assignments that exposed him to asbestos. In May of 2013 he was diagnosed with malignant mesothelioma and he provided a sworn statement to his attorney, with a court reporter present, on July 1, 2013 regarding his time onboard the ship, testifying to the fact that when the ship’s guns fired asbestos dust would fall, and as to what products he worked with. His mesothelioma lawsuit was filed on July 17th and he died on November 13th of that year.

The asbestos companies named in the lawsuit asked that the case be dismissed, arguing that his testimony was hearsay and that the accuracy of his identification of their products as the cause of his illness was insufficient for the court to proceed. On consideration of both arguments, the court disagreed, indicating that his testimony was provided in good faith and falling under the category of a “Statement Under Belief of Impending Death,” and that it was up to a jury to determine whether there was sufficient evidence of an asbestos-contaminated product’s role in his death. His surviving family will be able to continue with their claim, seeking compensation for his medical expenses and the losses that they suffered as a result of his death.

Being diagnosed with mesothelioma is an emotional and financial challenge. Understanding your rights and the resources available to you is essential to being able to get through the ordeal, and that’s what the Patient Advocates at Mesothelioma.net can provide. Contact us today at  1-800-692-8608 to learn more about how we can help.

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