After 75-year-old Candy Fitch was diagnosed with mesothelioma, she filed a petition for damages in the Civil District Court for Orleans Parish, Louisiana, naming several of the companies that she blames for having exposed her to asbestos as defendants. Among those named is her husband’s former employer, Avondale Shipyard. She is accusing the company of negligently exposing her to the toxic material via the asbestos-covered work clothes that her husband wore home each night.
Victim’s Mesothelioma Claim Includes Negligence and Liability
According to Mrs. Fitch’s claim, she was diagnosed with mesothelioma as a result of exposure to asbestos from many sources, including secondary exposure to her husband’s 1969 employment at Avondale as a general helper. She argues that her husband’s clothes were covered with asbestos that he was regularly exposed to from “the asbestos-containing products being used by or around Mr. Fitch in the facilities owned and operated by Avondale.” She also points to the company’s failure to use asbestos-free materials, to monitor the premises to detect asbestos “in the air,” and failure to ensure that its “facilities had adequate ventilation equipment and systems.”
The mesothelioma lawsuit cites a long list of asbestos-containing products that her husband was exposed to in the Avondale shipyard. These include “packing, wallboard, fire bricks, floor tile, cement, felt, paper, pipe covering, block insulation, thermal systems insulation, rope sealants and mastics, sheets, adhesives, refractory material, refractory tile, gaskets, turbines, generators, sheet gasket material, mortar, fire clay, boilers, and boiler gaskets.” As a general helper at Avondale, her husband was exposed to products in general use in the yard rather than on any specific ship.
Shipyard Removes Mesothelioma Lawsuit to Federal Court
In response to Mrs. Fitch’s mesothelioma lawsuit, Avondale Shipyard removed the claim to federal court, noting that during the time her husband worked in its yard, thirteen out of sixteen vessels under construction were covered by contracts with the federal government pursuant to contracts with the United States Navy, United States Coast Guard, and United States Maritime Administration (“MARAD”).
The company’s request to remove the claim to federal court is in keeping with its practice when facing a mesothelioma lawsuit. It is expected that the victim will request that the case be remanded to her local court, and a decision will be made by the courts as to the appropriate jurisdiction.
If you or someone you love has been diagnosed with mesothelioma or another asbestos-related disease, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
