Mesothelioma Blog

Until recently, the standard practice in shipyard asbestos related lawsuits was to sue the suppliers of parts that contained the carcinogenic material. In the next few weeks, a Virginia grand jury should deliver a verdict in a case that targets a new class of shipyard mesothelioma plaintiffs: the ship owners.

The new twist in mesothelioma litigation is part of the $10.5 million lawsuit filed on behalf of Stanley Morton, a retired worker from the Newport News shipyard who died of mesothelioma in 2005. Morton is represented by attorney Bobby Hatten who built a case on the premise that oil giant Exxon knew about the dangers of asbestos in its ships as long ago as 1937, and failed to remedy the situation.

Furthermore, his case claims that Exxon deserves the full share of blame for his client’s deadly illness and the emotional suffering it caused his family. Hatten argued that mesothelioma is an example of a cumulative cancer, with exposure accumulating until the disease is expressed. He contends that the blame for Morton’s death is unable to be partitioned, and that Exxon must bear the full brunt of the settlement.

Lawyers for Exxon are quick to dismiss the argument, citing Morton’s long history working in the shipyards, where he was likely exposed to asbestos in dozens of different ships. Exxon attorneys point to the shipyards as the logical place to rest the primary blame.

Under federal worker’s compensation guidelines, the Newport News shipyards generally cannot be sued in mesothelioma lawsuits. Attorneys on both sides of the mesothelioma battlegrounds are holding their breath for the verdict, which is still under deliberation by the Virginia jury.