Charleston, W. Virginia – An aluminum company based in New Jersey has recently declared Chapter 11 bankruptcy that has resulted in removing an asbestos suit filed against the company to a U.S. federal court. The suit was originally filed in the circuit court in Kanawha County.
Consolidated Aluminum Corporation, a company that stopped functioning in year 1994, announced bankruptcy on 15th December. The firm still exists for managing lawsuits against it.
According to the bankruptcy petition filed by the company, it has 100-200 creditors, but has only less than $1m in assets. The largest creditor of the company is Lonza America. Consolidated Aluminum owes in excess of $72M for an inter-company loan.
Consolidated Aluminum was doing business as Conalco. The company has been named as a defendant in a lawsuit filed by John Davis and Gloria Davis. The suit was filed on 14th May, 2010 in Kanawha County Circuit Court.
Victoria Antion, an attorney with the Morgantown office of Motley Rice, and James McKowen, an attorney with Texas-based law firm James F Humphreys and Associates, are representing the couple in their legal fight.
According to the complaint, John Davis, a Parkersburg resident, is suffering from asbestos-related lung cancer. He had worked with Consolidated Aluminum at Hannibal in Ohio between 1958 and 1979.
Conalco’s notice of removal says the United States Dist. Court for the S. Dist. of W. Virginia does have jurisdiction over that case due to the federal bankruptcy proceeding.
Studies have showed significant increase in lung cancer rates among workers with a history of asbestos exposure. The increase is especially significant among workers with the habit of smoking, in addition to an asbestos exposure history. This indicates that the risk of developing lung cancer substantially increase when asbestos exposure couples with cigarette smoking.
Most asbestos-related lung cancer begins in the covering of bronchi, the passageways into which the windpipe or trachea divides. But, asbestos-related lung cancer can also start in the other areas of human body such as bronchioles, trachea, or alveoli. Though lung cancer typically develops fairly slowly, once it develops, cancer cells could break away and scatter to other areas of body.
The 2 most general types of asbestos-related lung cancer are SCLC (Small Cell Lung Cancer) and NSCLC (Non-Small Cell Lung Cancer). In SCLC, the cancer cells are round and small, whereas in NSCLC they are larger. At times, the cancer has characteristics of both SCLC and NSCLC and then it is known as mixed small cell/large cell lung cancer.