LPK Files Lawsuit on behalf of Auto Mechanic Diagnosed with Mesothelioma from Asbestos Brakes & Gaskets
ST LOUIS, Missouri, January 11, 2012 - Levy Phillips & Konigsberg LLP (“LPK”), a national mesothelioma law firm, has recently filed an asbestos lawsuit in the City of St. Louis, Missouri, on behalf of a retired automobile mechanic and his wife of 52 years. The plaintiff, recently diagnosed with mesothelioma, was exposed to asbestos during the 1950s through the 1980s while performing auto repair work including brake and clutch repair, general automotive repair involving replacement of asbestos-containing gaskets, as well as mufflers lined with asbestos. He was also exposed to asbestos from joint compound/joint cement while performing drywall work on various homes during this time period.
Asbestos-containing automotive brakes and clutches are a significant source of asbestos exposure for those involved in automotive repair. Respirable asbestos fibers are released simply in the act of opening a box of asbestos-containing brakes. Filing or grinding of brake linings prior to installation, a common practice with drum brakes, releases high levels of this carcinogenic fiber into the air. Likewise, removing old clutches with asbestos linings causes high levels of asbestos dust in the worker’s breathing zone. Use of compressed air to clean out brake and clutch assemblies ensured that asbestos fibers were not only released into one’s breathing zone, but stayed in the air for extended periods. Due to the shape and extreme light weight of asbestos fibers, “re-entrainment” became a serious problem in garages – asbestos dust was blown from (or fell from) vehicles onto the garage floor, where it was then stepped on multiple times before eventually being swept up. These acts caused the asbestos fibers on the floor to be re-introduced into the workers’ breathing zones once again.
Brake and clutch manufacturers tell juries that the type of asbestos used in their products cannot cause disease, and cite to industry-funded articles purporting to show that there is no “increased risk” of contracting mesothelioma from working with these products. However, as LPK has shown in courtrooms across the country, the defendants’ studies are based on junk science and every independent health organization to study the issue has determined that (1) the type of asbestos found in brakes and clutches is carcinogenic, and (2) exposure to asbestos during automobile repair using methods traditionally common in the 1960s and 1970s resulted in exposure to extremely high levels of respirable asbestos dust. Internal documents of the brake and clutch manufacturers show that some companies knew asbestos was a potentially devastating hazard, yet chose to continue making products with asbestos and did not place warnings on their products out of fear that doing so would reduce sales.
Asbestos-containing brakes and clutches are no longer manufactured or sold in the United States, but as late as 2002 one US company continued manufacturing asbestos-containing brakes for sale in other countries, such as Pakistan and India. Contrary to the general public’s understanding, asbestos has not been banned for all uses in the United States, largely due to industry pressure. Liability concerns in the face of numerous automotive mechanics who became mesothelioma victims, however, have caused companies to turn away from this dangerous substance in favor of substitutes, many of which have been available for decades.
For over a quarter of a century, mesothelioma lawyers at Levy Phillips & Konigsberg, LLP, have been among the pioneers of asbestos litigation in America. The firm’s attorneys have been recognized as nationwide leaders in representing the rights of mesothelioma victims and their families. Their clients have received some of the largest mesothelioma compensation verdicts in the country.
For more information about this or other mesothelioma lawsuits, please contact Levy Phillips & Konigsberg, LLP, at 212-605-6200 or 1-800-MESO-LAW (1-800-637-6529), 24 hours a day, 7 days a week.
Mesothelioma has no known cure and often causes severe pain, suffering, and other types of damage, such as loss of consortium, and loss of income. Additionally, due to the exceedingly high cost of mesothelioma treatments, many families exhaust savings and accumulate financial debt in order to pay for the medical expenses of their family member.
Under the law of most states, pain and suffering from mesothelioma may be compensated through the award of money damages, usually obtained with the help of experienced mesothelioma attorneys. In some states other types of damages may also be recovered.
Asbestos litigation affords mesothelioma victims the opportunity to receive financial compensation and hold accountable the companies that caused their asbestos exposure.
If you or your family member has been diagnosed with mesothelioma, you should get in touch with a mesothelioma lawyer as early as possible to determine if you have a mesothelioma case and to:
- Preserve your rights to bring a legal action against the responsible parties within the limited time frame allowed by law, known as statute of limitations;
- Obtain maximum compensation in your case by being able to:
- Preserve evidence and establish facts of the asbestos exposure while the claimant is still alive and able to provide information;
- File and resolve a lawsuit against the responsible parties before they file for bankruptcy or, if they already have, to obtain compensation before their bankruptcy trust funds run out of money;
- Expedite your case, as courts tend to give higher priority to mesothelioma lawsuits where the claimant is still alive.
Find out whether you have a case by speaking to one of our experienced mesothelioma lawyers via our 24/7 toll-free hotline at 1-800-MESO-LAW (1-800-637-6529) or by submitting an email inquiry (see form above). Our attorneys will be quick to respond to you and happy to answer all of your questions.
While our offices are located in the states of New York, New Jersey, and Georgia, many of our mesothelioma lawyers are licensed to practice law in a number of U.S. states and have the capability and extensive experience of representing mesothelioma clients throughout the United States.
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OUR LARGEST ASBESTOS VERDICTS
- 47,150,000 - Consorti et al, 1993
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- 19,500,000 - Matteson et al, 2004
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