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Mesothelioma News

Veteran’s Mesothelioma Lawsuit Allowed to Proceed by Rhode Island Court

When it comes to fighting back against the asbestos companies, it is essential that you work with a mesothelioma attorney who knows the law and how to use it to stand up for your rights…. otherwise those responsible for your illness will try to shut you down. An example of this recently played out in the Superior Court of Rhode Island, where the family of a Navy veteran who died of mesothelioma had to fight for the right to seek justice from the asbestos companies responsible for his death.

The case involved Paul F. McCarthy, who served four years from 1951 to 1955. During his time of service he was first a member of the deck force and then the quartermaster of the U.S.S. Glennon, a ship that is known to have been fabricated using large quantities of asbestos, and whose turbine “was reported to have excessive vibrations” that meant that when its guns fired, asbestos dust would rain down on the ship’s occupants. McCarthy was diagnosed with malignant mesothelioma in May of 2013 and died the following November. Prior to his death he provided sworn testimony to his attorney and a court reporter, just days before his mesothelioma attorney filed a mesothelioma lawsuit against several asbestos companies who outfitted his ship on his behalf.  Those asbestos companies attempted to use technicalities to say that his testimony was not valid and that the information he provided not sufficient to use as evidence. Had the companies prevailed, Mr. McCarthy’s family would have been unable to pursue justice in court – their case would have been dismissed.

Instead, the mesothelioma attorney that is representing the family pushed back, using their knowledge of the law to prove that his testimony was admissible because it was provided in good faith and that it was a “statement under belief of impending death.” The court agreed. The judges also agreed that it was up to a jury to decide whether there was sufficient evidence that the asbestos companies’ products had caused Mr. McCarthy’s mesothelioma, and that it would not be appropriate to dismiss the case without letting a jury decide.

Having the right representation makes all the difference in a mesothelioma lawsuit. If you are seeking justice on behalf of yourself or a loved one who has been lost to an asbestos-related disease, contact us at 1-800-966-2244 to make sure that you have an attorney with the right knowledge and experience.