Mesothelioma Lawsuit: Family Seeks Justice

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News Summary

William Losurdo’s family is seeking justice after his death from mesothelioma, a cancer linked to asbestos exposure. They uncover evidence of negligence by major manufacturers, sparking a significant legal battle and raising awareness about the perils of asbestos.

Uncovering the Tragic Case of Mesothelioma: A Family’s Fight for Justice

In a heartbreaking turn of events, the family of William Losurdo is seeking justice after the tragic loss of their loved one to mesothelioma, a rare form of cancer linked to asbestos exposure. Just 17 months after being diagnosed with the disease, Losurdo succumbed to its effects, leaving behind a family that is determined to hold those responsible accountable for their actions.

The Journey Begins

Losurdo’s journey began when he enlisted in the Naval Reserve in 1967, eventually serving on active duty from February 1969 to November 1970. His assignment to the USS Mississinewa, an oil tanker that refueled warships at sea, would set in motion a series of events that led to his devastating diagnosis. Initially tasked with menial duties such as chipping paint and swabbing the deck, he was later promoted to a role that involved processing requisitions from various departments, exposing him to hazardous working conditions.

The Engine Room Experience

It was during his time in the engine room of the USS Mississinewa that Losurdo was repeatedly exposed to asbestos. After the ship experienced mechanical issues in March 1970, it was sent to the Boston Naval Shipyard for repairs. Losurdo spent the final months of his active duty on the ship while it was docked, entering the engine room three to four times a week. Each entry lasted anywhere from thirty to sixty minutes, during which he described seeing “particles flying around” due to the cutting and drilling of equipment.

The Asbestos Connection

Although Losurdo could not pinpoint the exact equipment that caused his exposure, the family uncovered evidence that crucial components of the ship came from General Electric and Westinghouse. Citing this equipment, they filed a lawsuit against these corporations, claiming that the asbestos used in their products led to his deadly illness. The case raised significant questions about the responsibilities of manufacturers to warn consumers and workers of the potential dangers associated with their products in maritime contexts.

Legal Battles and Challenges

As the legal process unfolded, only General Electric and Westinghouse remained as defendants in the case. Both companies sought to have the case dismissed, arguing that they did not owe Losurdo a duty to warn based on a former Supreme Court ruling. Additionally, they claimed that the family failed to establish a genuine dispute of material fact regarding the causal link between their products and Losurdo’s illness. They invoked the government contractor defense, asserting their immunity, and challenged the family’s claims for punitive damages and loss of consortium.

The Court’s Decision

The court, however, did not fully align with the asbestos companies’ arguments. While it granted a dismissal for the claims related to loss of consortium and punitive damages—citing their unavailability in maritime wrongful death claims—the judge denied their other pleas. This indicates that significant issues of fact remain unresolved, paving the way for the family to continue their pursuit of justice against the corporations they hold responsible for Losurdo’s suffering and premature death.

Looking Ahead

The struggle faced by the Losurdo family sheds light on the ongoing issue of asbestos exposure and its devastating consequences. As they navigate the complexities of the legal system, they aim to raise awareness about the dangers inherent in materials and environments that expose individuals to such life-threatening hazards. Their case stands as a reminder of the human cost of neglect in safety practices and the importance of accountability in the manufacturing sector.

As the family continues to fight for justice, the looming question remains: How far will these companies go to protect their interests, and at what cost to the vulnerable individuals who depend on their products? The spotlight is now on the legal proceedings as the truth unfolds, providing a glimmer of hope that justice may ultimately prevail in the fight against the legacy of asbestos.