One of the most unfortunate statistics around the rare form of cancer known as mesothelioma is the high number of U.S. Navy veterans that make up the disease’s victims. It has been estimated that one third of those diagnosed with malignant mesothelioma are veterans, with the vast majority of them having served onboard Navy ships or in Navy shipyards. The reason for this is clear: the equipment and insulation used to construct the vessels and keep them operating was heavily fabricated using asbestos, the carcinogenic material that has been directly named as mesothelioma’s cause. A widow seeking compensation for the suffering that her Navy veteran husband endured following his diagnosis and subsequent death recently faced the company responsible for her husband’s exposure, and upon telling her story the judge moved that her case deserved a hearing by a jury, despite the company’s objections and arguments that there was insufficient proof of their role in his death.
The mesothelioma lawsuit involves Peter Allen, an Electrician’s Mate who served on two different Navy vessels. Mr. Allen was diagnosed with mesothelioma in July of 2016 and died from the disease in October of 2017, but before his death he provided testimony about his service on the ship, his exposure to equipment manufactured by Aurora Pump Company and its asbestos-contaminated insulation, and his constant proximity to others whose work raised clouds of asbestos within the ship’s cramped quarters. Despite his testimony, Aurora Pump Company’s attorneys argued that widow Lorraine Allen’s lawsuit should be dismissed because she could not prove their role in his exposure.
Listening to the case was Judge Manuel J. Mendez of the Supreme Court of New York County, who handed down a decision denying the company’s motion for summary judgment based on the law regarding summary judgment. He reminded all involved that the law required that the benefit of the doubt go to the widow and that it was up to a jury to decide the strength of her allegations. The case will move forward and she will have her chance to win compensation for her loss.
If you or someone you love has been diagnosed with mesothelioma and you need assistance, contact us today to learn about your rights. Call us at 1-800-966-2244.