Charleston, WV complaint filed in a West Virginia circuit court names 45 companies with several asbestos-related violations which allegedly resulted in a man’s diagnosis of mesothelioma.
Arnold Glenn Treadaway filed the complaint on November 23, after having been diagnosed with the rare form of cancer on October 16. In it, he alleges that the defendant companies, which are not named, wrongfully exposed him to asbestos while he worked at various job sites.
The defendant companies are being sued for negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentations and post-sale duty to warn.
Asbestos used to be a common product which had many applications, but was particularly useful as an insulating material because of its remarkable ability to withstand heat and flame. It was used in many workplaces, including mills and metalworking facilities, factories, shipyards and construction sites.
Unfortunately, asbestos is also a known carcinogen. When the material is used, it can release microscopic fibers into the air, which can then be inhaled by workers. These fibers burrow deep into the body’s soft tissues, including a membrane called the mesothelium, which surrounds and protects the internal organs. The asbestos fibers can lead to a rare form of cancer: mesothelioma.
With a grim prognosis and a life expectancy of only six to 18 months on average, mesothelioma is an extremely aggressive cancer. It can sometimes be treated with surgery, although often the cancer is not diagnosed early enough to make surgery a viable option. Chemotherapy and radiation are also alternatives, but often the patient does not feel that the benefits of these treatments will outweigh their debilitating side effects. Pain management, especially in the later stages of this cancer, is sometimes the best option for a patient.
Because of asbestos’s widespread use throughout much of the 20th Century, there have been numerous cases brought to court against defendant companies. In fact, asbestos litigation is the largest tort in the United States, and cases are expected to rise as more and more workers are diagnosed with mesothelioma and other asbestos-related diseases.