Two Asbestos Mesothelioma Widows Win Big Victories

April 1, 2009

Port Orange, FL The widow of David Fortier, an ex-fireman on the aircraft carrier USS Forrestal who died from asbestos mesothelioma, was recently awarded a multimillion dollar settlement in an asbestos lawsuit that she and her husband filed before he died.



Gail's husband was exposed to asbestos in the Navy, when he worked on the aircraft carrier between 1969 to 1972. Prior to 1970, asbestos was an integral part of ship construction, particularly aircraft carriers, because it is a great insulator against heat. So it was widely used in engine rooms, around boilers, gaskets, pipes and furnaces.



David worked on pumps and other pieces of equipment that were heavily insulated with asbestos. But he likely would not have known the extent of the health problems that asbestos can cause, because that was a time when asbestos information was not widely publicized.



The products that he would have been exposed to were manufactured by a company called Allis-Chalmers Corp, of Texas, the defendants in the Fortier lawsuit, and the company that will pay Gail the $2,595,000 settlement.



Asbestos Mesothelioma – Knowing the Facts Too Late



Although Gail's husband worked around asbestos several decades ago, he wasn't diagnosed with asbestos mesothelioma until October 2006. The lawsuit was filed in December of that year, and he passed away June 20, 2008, at the age of 59.



Unfortunately, the latency period for asbestos mesothelioma is anywhere between 20 and 50 years so many men are now finding themselves in similar situations to David's – diagnosed with a fatal disease decades after being exposed, with no knowledge that their lives were put at risk at the time they were exposed.



In fact, estimates suggest that more than 27 million workers were exposed to asbestos between 1940 and 1980, and today, possibly as many as 1.3 million construction workers still face significant exposure to asbestos during renovations, demolitions, and asbestos removal, because the product is still widely used in roofing materials, textiles, friction products, insulation, and other building materials. Unbelievably, asbestos is not banned from all building materials, despite the health risks which are now common knowledge.



Railway Worker's Widow Wins Far Reaching Victory



Another area where men and women were put at significant risk for asbestos mesothelioma was the railways. Recently, the courts ruled in favor of a retired railroad worker despite the fact that he had signed a form releasing his former employer from any liability for a health condition as part of his accepting a retirement package.



Sparrell Ratliff joined Norfolk & Western Railway Company in 1947, at the age of 23. He retired from Norfolk Southern Railway Company, Norfolk & Western's successor, after nearly 40 years of service, in December 1986. When he retired he accepted a $35,000 package, but it was conditional upon his releasing Norfolk Southern from any liability for potential health problems. Nineteen years later he was diagnosed with asbestos mesothelioma, and he finally succumbed to it in July 2005.



His wife, Freda Marlene Ratliff, decided that Norfolk Southern shouldn't be allowed to get away with this, because her husband had been lethally exposed to asbestos on the job. They must have known – why else would they want him to waive his rights? So, Freda took Norfolk Southern to court. Among the evidence cited in her lawsuit was an article that appeared in a 1983 publication of the peer reviewed American Journal of Industrial Medicine, entitled "Mesothelioma Among Machinists in Railroad and other Industries."



In September 2007 a judge in Ohio ruled in favor of the railway company, so Freda appealed. This March, the justices hearing the case in West Virginia ruled that Sparrell's signing of the early retirement agreement did not release the company from future claims under the Federal Employer's Liability Act.



This is no small victory, and has far reaching implications for others who may have signed similar documents.



Approximately 2,000 to 3,000 cases of mesothelioma are diagnosed in the United States each year. Like David and Sparrell, many people do not have any symptoms for decades after their initial exposure. This typically means that by the time a diagnosis is made, the cancer is in the later stages of development, leaving some people with very little time. For those who choose to undergo treatment, the costs can be high, notwithstanding the fact that there is no cure for asbestos mesothelioma: all forms of are fatal.



So for many families who are facing the loss of a loved one because of asbestos mesothelioma, seeking the advice or help of a lawyer who specializes in asbestos litigation may not only provide closure, but also financial assistance for the future.