Amanda Antell  |  July 3, 2014

Category: Consumer News

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asbestos mesotheliomaAn asbestos lung cancer lawsuit was filed by former railroad engineer Gary Davis against Union Pacific Railroad Company, alleging that his lung cancer was caused by exposure to asbestos he experienced while on the job.

Davis was working as an engineer for the railroad company, performing various construction jobs, when he was exposed to materials containing asbestos.

The asbestos lawsuit was filed on June 5 in the St. Clair County Circuit Court, with Davis alleging that in direct result of working in the hazardous environment, he developed lung cancer. Davis was reportedly diagnosed with the asbestos lung cancer after working for Union Railroad for 38 years as a hostler, fireman, and engineer.

Asbestos is a naturally-occurring fibrous mineral that can be up to 700 times smaller than human hair, and was popularly used in construction projects before the 1980s. When left undisturbed, these fibers do not pose a health risk to people working or living in infected buildings. However, once these fibers are released, they pose serious health risks if the fibers make their way into a person’s nose, throat, lungs or digestive tract.

Due to the slow development of asbestos-related diseases, mesothelioma and other asbestos-related complications often do not appear for several decades. In fact, by the time these conditions are discovered, they are often in a latent stage, leaving the victim three or four years to live.

During his time as an engineer for the company, Davis was exposed to various toxic substances including: asbestos, diesel exhaust, environmental tobacco smoke, silica and creosote. Exposure to these substances eventually led to his disease, and he has suffered severe pain and suffering because of it, the asbestos lung cancer lawsuit states.

Additionally, Davis has also lost his enjoyment of life and suffered mental anguish, he claims in his asbestos lawsuit. He also suffered extreme nervousness, physical disability, loss of income, and incurred great medical costs.

Davis states in his asbestos lawsuit that Union Railroad is directly responsible for his injuries, contending that it failed to monitor the environment the employees were in, and did not adequately warn them of the dangerous conditions.

Additionally, the company allegedly failed to:

  • Determine whether or not the asbestos levels were below prescribed limits
  • Provide protective clothing
  • Collect work environment samples
  • Implement proper engineering controls

Davis is seeking compensation for his injuries in the amount of more than $100,000, as well as any additional litigation costs.

Overview of Asbestos Complications

Because of the long history of asbestos complications, it has become the longest-running mass tort in the history of the United States. The litigation process involves more than 600,000 plaintiffs who have filed asbestos lawsuits against more than 6,000 defendants after being diagnosed with mesothelioma or other asbestos side effects. These asbestos complications include:

  • Asbestosis — a serious, chronic, non-cancerous respiratory disease which is caused when the inhaled asbestos fibers cause scarring in the lung tissue. The symptoms include shortness of breath, and a dry crackling sound in the lungs while inhaling.
  • Lung cancer — this accounts for the largest number of deaths related to asbestos exposure. The most common symptoms are coughing and a breathing-rate change. Other symptoms include shortness of breath, persistent chest pains, hoarseness, and anemia.
  • Mesothelioma — a rare form of cancer that most often occurs in the membrane lining of the lungs, chest, abdomen, and (rarely) heart. This sickness is found to be specifically linked to asbestos exposure.

In general, asbestos mesothelioma lawsuits are filed individually by each plaintiff and are not class actions.

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If you or a loved one were exposed to asbestos and developed mesothelioma, lung cancer, or cancer in the lining of the lungs, abdomen or chest cavity, you may be able to take legal action against the companies responsible. Don’t delay – in most states the statute of limitations is two years to file an asbestos lawsuit after you’re diagnosed. Obtain a free and confidential case evaluation be filling out the form below.

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