Lawsuit Filed after Refinery Worker Passes away from Mesothelioma
Another lawsuit has recently been filed on behalf of a deceased mesothelioma patient, Billy Cunningham, alleging Chevron USA negligently exposed him to asbestos during his employment with the oil company.
Betty Lou, Mr. Cunningham’s wife, had her attorney file the suit on her behalf on Nov. 20, 2009. According to the suit, “During Cunningham’s employment with Gulf Oil, he used and was exposed to toxic materials including asbestos dust and/or fibers.” As a result of such exposure, he developed an asbestos-related disease, mesothelioma, for which he died a painful and terrible death on Feb. 11, 2009.”
Exposure to asbestos most often occurs by inhaling airborne asbestos fibers. Once these microscopic fibers have been inhaled, they typically become lodged in the lining of the lungs and remain there for several decades causing irritation. Over time, tumors can develop and victims of asbestos exposure may feel short of breath or have difficulty carrying out physical activities.
Malignant mesothelioma is an asbestos-related disease that carries a very long latency period in terms of developing symptoms. Most victims of asbestos exposure begin to experience symptoms anywhere from 20 to 50 years after their initial exposure to asbestos. Because of the late onset of symptoms, patients are usually diagnosed when the cancer has already reached the advanced stages of development.
The lawsuit alleges Chevron USA knew the hazards associated with asbestos-containing products but chose not to remove employees from the toxic environment. The lawsuit stated, “The defendant acted with malice…and gross neglect for exposing Cunningham to asbestos.”
The suit also said Chevron USA failed to timely warn employees about the dangers surrounding asbestos exposure and failed to take the necessary safety precautions for workers to avoid exposure while working with and around asbestos-containing materials.
The plaintiff is asking for exemplary damages and is trying “to recover from the defendant an amount in excess of the jurisdictional limits of the courts.”
Additional information about mesothelioma and asbestos exposure may be found through the Mesothelioma Center.
