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Mesothelioma News

Deceased Material Handler’s Family Files Asbestos Lawsuit

The family of a retired material handler has filed a lawsuit over allegations that repeated exposure to deadly asbestos dust and fibers caused him to develop malignant mesothelioma, which ultimately resulted in his tragic death.

Margaret Ann, Carrie McNamara, Ceann McNamara, and Christy McNamara have filed a lawsuit on 24th January in the Circuit Court of Cook County against ICO Polymers Incorporated and ICO Polymers N. America Incorporated. The plaintiffs are suing the companies individually as well as as the successors-in-interest to Centro In., John Crane Incorporated and Wedco Technology Incorporated. Margaret A McNamara is serving as the personal rep. of Donald R McNamara’s Estate.

According to the suit, Donald was regularly exposed to numerous products containing cancer-causing asbestos between 1972 and 1973. The exposure took place while he was working in different capacities such as a material hander. The defendant companies were negligent in exposing their workers such as Donald to hazardous products without providing them with any sort of protective equipment, the plaintiffs say. According to the plaintiffs, the companies were aware of the fact that asbestos is a material that can cause deadly injuries including cancer, but they never warned Donald and other workers about such hazards. Neither Donald nor his co-workers knew that the products with or around which they were working were potentially dangerous, McNamaras claim. Donald’s family argues that the defendants, despite their knowledge about the risks involved in working with and close to asbestos products, allowed the employees to work around their dangerous products and negligently failed to warn Donald and other workers.

As a result of his occupational exposure to asbestos, Donald developed malignant mesothelioma, a deadly cancer of the protective membrane that surrounds the lung, heart and abdominal cavity. The cancer ultimately killed him on 19th July, 2012, according to the lawsuit. At present, there is no effective treatment for mesothelioma. The victims generally die within a few months following the diagnosis. Donald’s family says the defendant companies are legally responsible for his death. Experts say mesothelioma could be effectively treated if the cancer is detected in its preliminary stage. Unfortunately, mesothelioma starts showing its symptoms only at its advanced stages. Therefore, this cancer is literally incurable.

Donald’s family members are seeking damages of more than the minimum jurisdictional limit. William Fahey, an attorney with law firm Cooney and Conway, will represent the plaintiffs.