A worker’s mud drilling lawsuit was overturned on a technicality. He has worked on oil and gas rigs for many years and has not escaped the toxic effects of asbestos. He began his career 1964 and has worked on oil and gas rigs for over 19 years. In 1995 he was diagnosed with asbestosis and now requires around the clock use of an oxygen tank to breathe.
Asbestosis is caused by scarring of the lung tissue and is seen very often in older workers. The federal government began regulating asbestos in the 1970's, but before then exposure to large amounts of asbestos was fairly common.
He worked on oil rigs as a floorhand and had to use Flosal, a mud drilling additive, that contained asbestos. His job included mixing the drilling mud and this put him in direct contact with the chemical. He is now dealing with the toxic side effects of the Flosal, which has negatively impacted his health.
During the period from 1963 through 1984 Flosal was actively marketed by the manufacturer, Phillips 66, and the asbestos content was anywhere from 85 to 95 percent.
In April the trial concluded with the jury awarding him 15.2 million for his medical costs and pain and suffering. However, the defendant, Phillips 66, now called Chevron, appealed the decision, stating that the plaintiff exaggerated the accounts of exposure and that the data that was communicated was overstated and inaccurate.
The Mississippi Supreme Court overturned the April verdict and a new trial was ordered. Another trial will need to take place in order for the case to finally be decided.
Effects of Asbestos Exposure
Toxic chemicals like asbestos can lead to lifelong health problems like the respiratory illness he has to deal with. Asbestos is extremely toxic. The surgeon general has recently issued a statement explicitly stating that there is no safe level of asbestos exposure.
Anyone who has been exposed to asbestos while at work and whose health has been negatively impacted should contact a workers compensation attorney as soon as possible. Asbestosis can require ongoing and often expensive medical treatment. Like the above case, many workers never knew they were being exposed to toxic chemicals for many years, and suddenly as their health declines they are realizing that irreparable damage has been done. If you or a loved one has been exposed to asbestos by a current or former employer, find an experienced workers compensation attorney in your area. You could obtain compensation for your injuries and medical expenses.