Malignant mesothelioma victims Augustus Adams and Clarence Hales both worked at a DuPont facility in Kinston, North Carolina between the 1950s and 1980s. Clarence died in 2019 and Augustus is still alive, and both men’s families filed suit against multiple defendants they blame for having exposed them to asbestos. Recently, the families’ attorneys noted the similarities between their claims and have petitioned the court to allow them to consolidate into a single lawsuit.
Mesothelioma Lawsuits Filed Separately but Named Same Defendants and Circumstances
The Hale family filed their mesothelioma lawsuit in May of 2021, two years after Clarence’s death, and the Adams sued in October 2021, shortly after Augustus was diagnosed. Both accused almost three dozen companies of exposing them to asbestos, including 3M Co., HOK Group Inc., Rust Engineering & Construction Inc., Rust International, Dow Chemical Col., General Electric, and Fluor Enterprises. Since requesting the consolidation both families have dropped several of those defendants.
The remaining defendants in the mesothelioma lawsuit are Dow, GE, and Fluor, and all three have argued against consolidating the claims. They assert that the work histories and alleged exposure to asbestos cited in each family’s claim were too different from one another, but the families are pushing back on this, noting that combining the two would save both court time and legal expenses.
Mesothelioma Victims Argue Similarity of Asbestos Exposures Warrant Consolidation
While the asbestos companies argue that the two men’s exposures to asbestos were different based on their responsibilities within the factory, the families have argued that there is no basis to deny their request to consolidate their mesothelioma claims. Their shared lawyer said, “The Hales and Adams cases share a common disease, a common worksite, common exposures, common time frames, common claims, common discovery, common witnesses, common defendants, and common attorneys.”
They go on to say, “Defendants have raised no legal basis to keep these cases apart, and have identified no dissimilarities between the cases which are likely to lead to juror confusion or any unfairness.” They say that the companies’ arguments suggest that consolidation should never occur. Both sides are awaiting a decision by the court.
If you or someone you love has been diagnosed with malignant mesothelioma, it’s important to work with professionals who can guide you to the best answers. Contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
