For purposes of this article, the defendant, in this case, will be referred to as A.O.H.
Veterans are at a high risk of developing asbestos-related illnesses like mesothelioma. This is especially true for people who served in the military between 1935 and 1975. According to research, it was at this period that asbestos use in the military was at its highest. The military favored using asbestos-contaminated products because this material is fire-resistant and highly durable. In particular, navy vessels, such as submarines, had many asbestos products. As a result, thousands of veterans who worked on navy vessels have developed asbestos-related diseases like mesothelioma. Mr. A.O.H is just one example of the many U.S. veterans who have developed mesothelioma after exposure to asbestos while serving in the U.S. Navy aboard nuclear submarines.
Mr. A.O.H. was diagnosed with mesothelioma three years ago. After his diagnosis, he and his spouse filed a lawsuit against Armstrong Pumps. Mr. H blames Armstrong Pumps for his asbestos exposure while he was part of the U.S. Navy aboard nuclear submarines. Specifically, A.O.H. blames his mesothelioma on the Armstrong pumps he worked with. The pumps were located close to where Mr. H used to work, and his work included supervising the maintenance of the pumps.
Besides working near asbestos-contaminated Armstrong pumps, Mr. H remembered other parts, such as gaskets and insulation, being removed and changed. These actions led to the release of asbestos into the small space in which Mr. H worked. This increased the risk of mesothelioma.
When the defendant responded to the lawsuit, they claimed they could not be blamed for the asbestos exposure that occurred before their incorporation. In addition to this argument, Armstrong Pumps presented testimony from an engineer who worked for the company sixteen years ago. According to the engineer, there wasn’t proof that the Armstrong pumps were the source of Mr. H’s exposure to asbestos.
The argument did not persuade the Supreme Court of New York. The Court denied the petition for the claim to be thrown out. According to the Court, Mr. H’s testimony was enough to meet his burden under the law, but Armstrong’s arguments were weak. However, the Court agreed that Armstrong Pumps could not be held liable for the years of asbestos exposure that occurred before their incorporation. The case will proceed, and hopefully, Mr. A.O.H. and his family will recover fair compensation.
Fortunately, veterans diagnosed with mesothelioma have other options for seeking financial help. The Department of Veterans Affairs (V.A.) is available to help veterans with mesothelioma access compensation. The VA offers a variety of benefits not only to mesothelioma patients but also to their loved ones.
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If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.