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Navy Veteran Awarded $40.1 Million After Mesothelioma Diagnosis

While serving his country for nearly 20 years by working in the Navy, one veteran never imagined that the real danger he would face would be mesothelioma - caused by asbestos he was exposed to while working as a mechanic. Now he has taken on a new battle - fighting for compensation against Goodyear.

See our previous article for more information regarding mesothelioma:

Veteran Exposed To Asbestos Released From Goodyear Gaskets

After joining the Navy in 1953, the plaintiff worked are a boiler tender and fireman, which meant that he regularly worked in the maintenance and engine rooms of the ships he worked on. During this time he regularly came into contact with Durabla and Cranite gaskets, made by Goodyear. What he didn’t know was that those gaskets released asbestos.lungs in the human body

In 2017, the plaintiff went to his doctor complaining of shortness of breath and a cough. When a chest x-ray was performed, the scan showed a mass in his right lung. He was then diagnosed with mesothelioma.

He decided to pursue a lawsuit against Goodyear to recover compensation for his condition. The parties were unable to come to a settlement agreement and the case went to trial. After three weeks of hearing arguments, it took the jury only two hours to decide that the plaintiff should be awarded $40.1 million.

Mesothelioma & Members Of The Military

The military has long used asbestos for a variety of purposes - to insulate pipes, coat boilers, and as parts on valves which has resulted in veterans being diagnosed with more than 30% of all new mesothelioma cases.

According to the Virginian-Pilot, the Navy continued to use asbestos even after overwhelming evidence showed the risk to the crew, a decision that violated its own safety standards. The Navy never told any of these workers to use a mask or a respirator and it never informed them of the risk of exposure.

Today, that means thousands of veterans are suffering because of the lack of care for their safety.

What Is The Latency Period For Mesothelioma?

When someone discusses a latency period it means the period of time that it takes a disease to develop once exposure to a toxic substance occurs. For those who have been exposed to asbestos, the time it takes to develop mesothelioma can take anywhere from 10 years to 50 years.

The reason it takes so long for the disease to develop has to do with how asbestos interacts with the body. When asbestos is inhaled, it embeds in the lining of the lungs where it then causes irritation and scar tissue. Years of irritation is what ultimately results in the growth of a tumor.

How Do I Know If I Can File An Asbestos Mesothelioma Lawsuit?

Since the 1970s, more than 10,000 companies have been named as the defendants in lawsuits involved asbestos exposure and mesothelioma, all filed by workers and the loved ones of those who died due to mesothelioma.

If you have been diagnosed with mesothelioma and are wondering if you are able to pursue legal action, contact the experienced attorneys at Banville Law. We offer free consultations during which we will review your case and then provide you with all legal avenues open in your case.

Why Should I File A Mesothelioma Lawsuit?

You might feel like taking legal action is an extreme step, however, a lawsuit may be the only way you can recover much needed compensation.

Through a settlement or award, you may be able to obtain full compensation for:

  1. Lost wages: If you are no longer able to work because of your diagnosis, compensation may be x-ray of the lungsobtained which will cover your past and future earnings.
  2. Medical expenses: It is expensive to treat mesothelioma and many plaintiffs can’t afford their medical treatments without going into serious debt. A lawsuit can provide you with compensation for both past and expected future medical expenses.
  3. Pain & Suffering: Fighting mesothelioma can be emotionally, mentally, and physically painful. Money can’t take away that pain but it can help you get the additional care you need to make life a little easier.

Each plaintiff will obtain different amounts since no two plaintiffs suffer the exact same losses.

How Much Does A Mesothelioma Attorney Cost?

At Banville Law, our attorneys work on a contingency fee because we know that our clients are already struggling to pay their bills. This means that any fee we collect is taken directly out of the compensation that we obtain for you. If we don't win, our lawyers don't get paid. It's that simple.

Woul you like to learn more about cases related to asbestos? Visit our next article:

A Manhattan jury made the news recently when they awarded the family of a deceased construction worker $60 million for the loss of their loved one.

Visit our previous article to learn more about asbestos: Free Meso Book Commercials: How Asbestos Lawsuits Really Work

warning about asbestos

Asbestos Exposure Claims A Life

Believe it or not, asbestos refers to a group of naturally occurring fibrous minerals which became popular after it was discovered that they are not only flexible but also resistant to heat, fire, and electricity. It was these qualities that caused asbestos to be used heavily in industrial settings and combined with other materials in products that were used throughout homes.

What wasn't realized quickly enough is that asbestos can cause numerous health problems and ultimately the death of those who are exposed to it regularly, like construction workers.

The three most common health conditions caused by asbestos exposure include:


The mesothelium is a membrane that coats and protects the organs in both the chest and abdomen. When someone is regularly exposed to asbestos, they can develop mesothelioma which is a cancer of the mesothelium. There are four types of mesothelioma. Asbestos exposure is the only confirmed way that a patient can obtain this type of cancer.

Lung Cancer

There are many factors which can increase the risk that a patient will develop lung cancer and asbestos exposure is one of them.


When a construction worker inhales asbestos, the tiny fibers enter the lungs and cause inflammation and injury. Over time, this can result in scar tissue on the lung linings which results in a degenerative lung condition called Asbestosis.

In this case, the construction worker who breathed in asbestos while working around boilers over several decades developed mesothelioma. He fought the disease for a total of 14-months before succumbing to his illness and dying. Prior to his death, he filed lawsuits against three boiler manufacturers - A.O. Smith Corp., Burnham Commercial, and Peerless.

Family Pursues Lawsuit After Construction Worker's Death

When it became clear that he would not survive before the case went to trial, the plaintiff recorded his testimony on his death bed so that the jury could hear from him. When he passed, his family continued to fight in his place.

The trial lasted a total of nine weeks, during which the plaintiff's legal team argued that the boiler manufacturing companies knew about the health risks associated with asbestos but did absolutely nothing to warn the public, putting millions at risk.

The jury agreed and after deliberating, they awarded the plaintiffs, including the deceased's 11-year-old twins, $60 million for their loss.

Workers Throughout New York Filing Mesothelioma Lawsuits

Although construction workers are certainly at risk for being exposed to asbestos, construction isn't the only industry where workers are at risk. Other industries include:

Workers throughout all of these industries have been filing mesothelioma lawsuits since the 1970s, not only seeking compensation for their losses but also seeking to raise awareness about the dangers of being exposed to asbestos - dangers that most asbestos suppliers and manufacturers knew about long before the public. Take the following facts into consideration:

These are just a few examples of the knowledge that industry leaders had about the dangerous conditions that thousands of workers were exposed to on a daily basis - conditions they did nothing to change.

While a lawsuit may not be able to change the past, it can often provide the plaintiff with compensation that can help them create a brighter future. Compensation can pay for:

If you or a loved one have been diagnosed with an asbestos-related medical condition, contact Banville Law as soon as possible. We can help you get the compensation that you both need and deserve.

See other articles on mesothelioma diagnosis's and how our legal team can help:

Today, most people are aware of the fact that asbestos exposure is dangerous. However, this wasn’t always the case and it wasn’t that long ago that it was called the “magic mineral”.

Learn more about asbestos symptoms in our previous article:

History Of Asbestos Use

It as during the Industrial Revolution that the use of asbestos became extremely popular. At first, it was mainly used to insulate homes, boilers, and pipes. Then, a chemist discovered that if it was combined with cement it was flame retardant, soundproofing,  and strong - not to mention inexpensive.

From there, other inventors began to add it to fabrics, talcum powder, automotive brakes, floor and ceiling tiles, paints, and toothpaste. Mine owners became rich due to the high demand as did product manufacturers. Which is why when word began to spread that asbestos could potentially be harmful, many ignored the warning.

Exposure Is Dangerous

The first reports indicating that asbestos might cause serious health problems were not widely circulated. In 1899, a medical case was published indicating that a patient had severe lung scarring caused by asbestos exposure. Seven years later in France, doctors indicated that sixteen employees in an asbestos textile plant had occurred due to pulmonary fibrosis and these deaths led to the use of protective respiratory gear and ventilation systems.lungs that have been damaged by asbestos exposure

In the United States, the first mention of possible danger came from the U.S. Bureau of Labor Statistics in a report released in 1918, which noted that asbestos workers had a high risk of early death. Still, despite mounting evidence, no safety measures were recommended.

In 1930, a German doctor, Dr. Merewether, discovered the medical condition now known as asbestosis. He studied the condition and determined that it took years for workers to develop the disease, that the only way to protect workers was through the use of ventilation and respiratory protection, and that all workers should be informed of the risks of exposure. This report lead to safety regulations in Europe, but the U.S. did not create any.

In 1933, eleven sick employees filed lawsuits against an asbestos factory, alleging that exposure to the mineral lead to their pulmonary diseases. The factory and ill workers settled in each case. Over the next four decades, research only continued to show that asbestos exposure caused numerous health issues including cancer. Finally, in 1970, the Clean Air Act was approved by Congress and forced employers to regulate asbestos exposure and the very next year, a federal court awarded a plaintiff suffering from asbestosis compensation.

Lawsuits Are Still Being Filed

Although the danger of exposure is well documented, asbestos is still used in some products today and older buildings can contain it in the walls, ceilings, and floors. This has caused thousands of workers to become ill and to seek compensation for their losses.

In one case, a man who began working for a welding plant and had been since the 1960’s, discovered when he was in his 70’s that he had developed mesothelioma, a cancer now known to be caused by asbestos exposure. It was determined that during the course of his work, he had routinely been exposed to asbestos dust and insulation.

He and his wife sued his employer, alleging that his employer had failed to warn him of the danger he was in when he worked around asbestos, that they failed to offer him any protection, and that they did nothing to lessen the amount of exposure he experienced. Sadly, he passed away from mesothelioma before the case ever went to trial. His wife continued with the suit on his behalf.

After hearing all arguments, the jury awarded his wife a total of $1.7 million, including $1 million for her loss of consortium, $500,000 for wrongful death, and $200,000 for a survival claim.

What Is Loss Of Consortium?

In cases where a family member has died due to the negligence of another, loss of consortium can be claimed. The damages awarded as a result of this claim compensate the plaintiff for the loss of love, affection, companionship, and comfort that the deceased would have provided them.

You Could Still Face Exposure Today

Despite all of the known dangers of using asbestos, it is still commonly found in:

Sadly, many workers are surrounded by this mineral and don't even know it.

What Should I Do If I Think My Employer Isn’t Meeting Safety Standards?

If you suspect that your employer may be placing you in harm’s way, there are several steps you should take to protect yourself:

  1. Contact OSHA. The Occupational Safety & Health Administration will send an investigator out to your job site to perform a surprise inspection. Since the administration can do these inspections whenever they would like, you shouldn’t worry about retaliation, as the inspector will not indicate why they chose your job site. If any safety issues are discovered during the inspection, OSHA will fine your employer, issue citations, and may potentially shut the workplace down until corrections have been made.
  2. Contact A Lawyer. It is always important to contact an attorney as soon as possible. An attorney can help you secure evidence before it disappears, file a complaint, and secure the necessary compensation.

For more related material, see our next story:

Asbestos is a naturally occurring mineral that can be found anywhere in the world. It essentially occurs naturally in fiber bundles, which can be separated into single asbestos fibers. These fibers are resistant to chemicals, heat and fire and do not conduct electricity. As a result, many manufacturing and construction companies preferred products containing asbestos for their line of work. Despite asbestos mining and usage taking place for years, its exposure has only recently been identified as a health hazard.

Asbestos exposure is commonly associated with a form of cancer called mesothelioma. Our mesothelioma lawyers can help you file a lawsuit to get compensation to help with the medical expenses associated with the exposure.

Asbestos warning sign

The Partial Banning Of Asbestos Over The Decades

Mining and commercial use of asbestos commenced in the 19th century, and grew earnestly during the Second World War. Its popularity, however, was short-lived as the United States Consumer Product and Safety Commission (CPSC) banned its use in various products (gas fireplaces as well as in wallboard patching supplies) in the 1970s; citing release of excessive amounts of asbestos fibers into the environment. Read more here about the bans. In 1989 still, the Environmental Protection Agency (EPA) added to earlier laws by banning any new asbestos use.  However, the law still allowed the continuation of all asbestos uses that were in existence prior to this date. Therefore, scores of people remain exposed to asbestos and its effects, although not as extensively as earlier populations.

Asbestos Commercial Uses

Asbestos products include:

In the construction industry, asbestos fibers are used in:

All of the above uses are legal as long as the asbestos fibers are coated and covered, with nil chance of exposure under normal conditions.

How Much Asbestos Exposure Is Lethal?

According to Occupational Safety and Health Administration (OSHA) there really isn't a safe exposure to asbestos. In the attempt of keeping humanity safe from its effects, EPA and Occupational Safety and Health Administration (OSHA) have come up with regulatory laws against asbestos use and a set concentration limit of this lethal mineral. While exposure to asbestos cannot be totally eliminated, the set rules and guidelines help keep asbestos exposure to a minimum. Sadly though, in spite of all the attention accorded asbestos and its effects, there are still people and workers out there who remain in the dark concerning the harm caused by asbestos exposure.

Asbestos exposure carries extreme health risks, most of which remain untreatable and incurable. Common diseases resulting from exposure to asbestos include:

pleural mesothelioma - affects the lining of the lungs

pericardial mesothelioma - affects the lining of the heart

People At A Greater Risk Of Contracting Asbestos And Related Illnesses

Asbestos-related ailments victims are usually people who've worked for a long time in professions where asbestos was used. Their families are also at risk due to secondary asbestos exposure. Various job sites bear a history of this carcinogen's exposure including but not limited to shipyards, chemical and power plants and oil refineries. Occupations with greater levels of asbestos exposure include:

Unexpectedly, teachers and educational administrators are also at the risk for asbestos exposure. This is due to the fact that they spend most of their time in the same building, and it can be an ancient school. Remember that asbestos was used in schools as a protective measure to keep fires from spreading.

What Next After The Realization That You Are A Victim of Asbestos' Effects Decades Later?

Symptoms of illnesses due to asbestos don't appear immediately, it can take up to fifty years after your first exposure, commonly known as the "latency period." When the Twin Towers collapsed on 9/11, Manhattan residents (1.5 million) were unfortunately exposed to airborne asbestos. The effects of this exposure may not yet be discovered, since it can only be ascertained after several decades after the incident occurred. Meanwhile, Mesothelioma or Asbestosis could be quietly bidding its time to develop and show its symptoms. If you or someone you know has developed health issues due to asbestos exposure, it is of crucial importance that you seek legal counsel so as to know your options. Banville Law is ready to assist you.

Workers in industrial manufacturing plants, lab technicians, storage facilities, and on many construction sites handle potentially hazardous materials (or "HAZMAT") every day. Explosives, known carcinogens, and radioactive substances are widely-used, and often deemed necessary, in many industries.

Asbestos warning sign

Hazard Communication (sometimes shorted to "Hazcom") is the Occupational Safety & Health Administration's way of ensuring that workers who must work with dangerous substances are properly informed of a materials' hazards and know how to safely work with them.

See more information from our mesothelioma attorneys on asbestos exposure here.

Explaining OSHA's Hazard Communication Standard

OSHA's Hazard Communication Standard is set out in the Code of Federal Regulations 1910.1200. In other words, it's a federal law intended to protect all workers and their right to know which materials they are working with and what dangers those materials present.

The law defines a set of legal responsibilities that cover both manufacturers of chemicals and the employers who use them.

A Manufacturer's Responsibility

Companies that produce chemical substances, along with those who import them from overseas, are required to evaluate their materials for hazards. If any dangers become apparent, manufacturers must make this fact known by:

  1. Labeling shipping containers, drums and barrels with warnings
  2. Providing safety data sheets (SDS) along with their products

SDS used to be called "material safety data sheets," or MSDS, but OSHA decided to change the name in 2012, when it revised the Hazcom Standard. OSHA made the data sheets more "user-friendly," and the information is broken into 16 sections.

How To Read A Safety Data Sheet

Section 1 identifies the chemical, lists its recommended uses, and provides contact information for the supplier. If there are ways in which you should definitely not use the product, they'll be listed here.

Section 2 identifies the chemical's hazards. This is probably the most important part of the Safety Data Sheet, so we'll break it down.

1. The material will be put in a category, in line with the Globally Harmonized System (GHS). The GHS presents a standard way of classifying chemicals and their hazards that is supposed to be used by every country. It's just a guideline, though, so countries that don't use it aren't doing anything illegal under international law.

On a label for gasoline, you might find classifications like:

Each classification defines a different type of hazard that gasoline presents. First, gasoline is "flammable," it catches fire at temperatures less than 93° Celsius (gasoline's flashpoint is actually around -43° C). Next, gasoline is dangerous when "aspirated," or ingested directly through the mouth or nose. Finally, gasoline is a "carcinogen," it has been found to cause or increase the risk of cancer.

Every hazard classification will be followed by a Category number. This is a scale from 1 to 5 that tells you how dangerous a chemical is in relation to other substances. 1 represents the most dangerous and 5 is the least.

2. Then there will be a "signal word." There are only two:

3. Next comes the "hazard statement." This part simply describes the danger in clear terms, like:

4. Next you'll find symbols ("pictograms") that represent each type of hazard. For flammability, there will be a little picture of a fire. For environmental hazards, there will be a little tree. For acute toxicity, chemicals that can kill you in small doses, there's a skull and cross bones.

5. Below the pictogram, you'll find precautionary statements. This section outlines the ways you can minimize a substance's hazards.

For example, you might find:

"Do not store near heat, sparks or open flames. No smoking. Wear gloves, eye protection and other personal protective equipment during use."

Section 3 gives a detailed description of the material's chemical composition.

Section 4 provides first-aid information if a worker is exposed to the material. This section is written for untrained responders, generally other workers, and the steps should be followed immediately. These are things you should do while you're waiting for EMTs to arrive.

It will also include symptoms of exposure, so you can "diagnose" another person if you need to know whether or not they've been exposed.

Section 5 gives you instructions on fighting fires caused by the material. It also includes information for fire fighters, who may need to wear special gear when dealing with the fire.

Section 6 tells you what to do if the material is accidentally spilled or leaks. There are specific ways you have to contain or clean-up different hazardous chemicals.

Section 7 provides information on how to properly store and handle the material.

Section 8 describes exposure limits (what concentration of the material you can be exposed to without being harmed), engineering controls (like using a ventilation system in areas where the material is being used) and the appropriate personal protective equipment to wear around it.

Section 9 lists the physical properties of the hazardous material. It will tell you what the substance looks and smells like, so you can identify it, along with its pH, flash point and other chemical properties.

Section 10 describes the substance's reactivity, explaining whether or not the chemical can react dangerously with other materials or under certain environmental conditions.

Section 11 explains the material's toxicology. In other words, it describes the possible ways you can become exposed to the substance and what happens if you are. Immediate symptoms and chronic effects are all listed here.

Section 12 gives you information on the chemical's environmental effect. If none have been identified, you won't see section 12 on your safety data sheet.

Section 13 tells you how to dispose of the hazardous material properly.

Section 14 explains how the substance should be transported over long distances.

Section 15 describes any particular regulations that the material may be subject to.

Section 16 provides additional information that doesn't fit in any of the other categories.

An Employer's Responsibility

Employers are responsible for:

Types Of Hazardous Materials

Materials can be defined as being either "health hazards," "physical hazards," "environmental hazards" or a combination.

Hazcom Physical Hazards

"Physical hazards" may not be dangerous in and of themselves, but are able to ignite, burn or explode under certain conditions.

Hazcom Health Hazards

Substances labeled "health hazards" have been found to cause acute or chronic effects simply through exposure.

Hazcom Environmental Hazards

Obviously, "environmental hazards" pose a threat to the environment, generally aquatic ones.

You can find more information on how hazardous materials are classified in OSHA's Guide to the Globally Harmonized System of Classification and Labeling of Chemicals (GHS).

Other hazards associated with asbestos can be explained in our previous page:

Malignant mesothelioma is an extremely aggressive form of cancer that develops between the layers of protective membrane surrounding certain organs. The disease is relatively rare; every year, around 3,000 new patients are diagnosed with the cancer in the US. asbestos hazard

Currently, there is no cure, although surgical treatments, along with chemotherapy and radiation, have been found to improve a patient's prognosis. With that being said, mesothelioma is almost always fatal. After beginning treatment, patient survival rates stand at a tragically low 40% for the first year. After five years, the survival rate drops to around 8%.

Instead of calling the metholioma commercial number, contact our asbestos attorneys at Banville Law to get all your questions answered.

Asbestos & Mesothelioma: Are We Safe From Industrial Dangers?

According to, as many as 3 out of every 4 cases of mesothelioma are directly linked to asbestos exposure. Asbestos, a naturally-occurring mineral fiber that is remarkably resistant to heat and electricity, was used at one time or another in almost every American industry.

When asbestos fibers come loose, and become airborne, they are easily inhaled. After settling in the lungs, asbestos can get lodged in the lung's outer tissue, puncturing the membrane and resulting in the development of cancerous tumors.

As you would expect, most people diagnosed with mesothelioma worked in close proximity to asbestos at some point in their lives. But cases of spouses and children developing the cancer have also been reported, after a worker brought the fibers home attached to clothes or equipment.

Is Asbestos Still Around?

During the 20th century, asbestos became the most common form of insulation, lining the walls and roofs of most American homes. Industrial use, especially on naval shipyards during World War II, was widespread, and construction workers are still most likely to contract mesothelioma.

According to the National Institutes of Health (NIH), approximately 11 million Americans were exposed to asbestos between the years of 1940 and 1978. By the 1980s, the dangers of asbestos had become glaringly obvious, and industrial use became strictly regulated. 10 years before, the leak of sensitive US court documents revealed that industrial employers had been aware of asbestos' risks beginning in the 1930s, but failed to warn employees or the public.

Tragically, mesothelioma is often hidden by a "latency period." Symptoms of the cancer only appear years after initial exposure. At a minimum, this period lasts 15 years, although the majority of cases take up to 40 years to visibly develop. As a result, the number of deaths related to asbestos exposure has held steady for years.

While federal regulation has drastically reduced your current chances of being exposed, patients continue to be struck by the horrible disease. In 1999, the Centers for Disease Control & Prevention reported just over 2,500 fatalities. Fatality statistics remained at that level for the next five years, actually peaking around 2,700 in 2004. In 2010, 2574 people died.

Under the foot of industry pressures, the United States remains one of the world's only developed nations that has not prohibited asbestos use entirely. The deadly mineral can still be found in insulation, vinyl flooring, and pipes. Gaskets, brake pads, and even some clothing contain trace amounts.

9 / 11, The World Trade Center Disaster & Asbestos

The World Trade Center's North Tower, completed in 1970, was built using extensive amounts of asbestos-containing materials. The NIH reports that "when the building was attacked, hundreds of tons of asbestos were released into the atmosphere."

In a study published in the journal Environmental Health Perspectives, researchers tracked the health of 9,442 first-responders, rescue workers and recovery employees. 69% of those working in the aftermath of 9/11 reported newly-developed or exacerbated respiratory problems. A full 61% of workers without pre-existing respiratory ailments reported experiencing troubling new symptoms.

Tragically, the men and women who came to New York City's aid after the terrible events of 9/11 are at an increased risk of developing malignant mesothelioma.

Do I Have Any Of The Symptoms?

There are several forms of malignant mesothelioma. One affects the lining around your lungs (pleural mesothelioma), another develops within the lining of your abdominal cavity (peritoneal mesothelioma), and the last can penetrate the space around your heart (pericardial mesothelioma).

Symptoms differ, but watch for signs of:

Can I Still File A Mesothelioma Lawsuit?

Yes, if you were exposed to asbestos in the workplace, and developed mesothelioma, it is still possible to hold your employer accountable.

In New York State, the statute of limitations on mesothelioma lawsuits is three years after the date of diagnosis. For the survivors of a loved one, wrongful death lawsuits must be filed within two years.

Due to mesothelioma's widespread recognition, and the construction industry's accepted complicity in asbestos exposure, there are numerous avenues available for compensation. Some major employers have even established trusts to provide sufferers with necessary funds.

See our next article to learn more about Risks Of Asbestos Exposure.

Laurence P. Banville
Date Published: August 20, 2018
Laurence P. Banville is the managing partner of Banville Law. As an experienced personal injury attorney, Mr. Banville helps clients recover compensation from those responsible for his clients' injuries. Our firm is located in New York City, serving clients from the five boroughs: Manhattan, Brooklyn, Queens, The Bronx, and Staten Island.
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