CHARLESTON, West Virginia – Ashland Oil and DuPont are among 46 companies named in an asbestos suit filed recently by a Boone County man and his wife.

James Paul Downs claims that he was exposed to asbestos and other harmful dusts while he was working for the companies named, or by products manufactured by the companies named. As a result of the asbestos exposure, the suit says, Downs developed lung cancer which has cost him financially and emotionally.

Downs was directly employed by both Ashland Oil, Inc. and DuPont. Other companies named in the suit manufactured, sold, distributed, used or installed products containing asbestos to which he was exposed.

Downs says that he breathed asbestos while handling the products, and that caused his lung cancer. Asbestos is a known carcinogen that causes and contributes to the development of many different cancers, including lung cancer. Those exposed to asbestos are far more likely to develop lung cancer than those who never worked with the dangerous mineral. In addition, asbestos causes severe scarring of the lungs known as asbestosis, which is a progressive disabling condition that is always fatal.

Asbestos is also the only known cause of mesothelioma, a rare cancer that affects the lining of the lungs, heart or abdominal cavity. Many of those who worked in factories like those owned by DuPont, in the construction industry and in the energy industries, have become ill with mesothelioma as a result of their exposure to asbestos. Many of the companies that employed them or provided the asbestos that was used in their products have been successfully sued in court. Claimants who were harmed by the products made by the defendants of such suits have been awarded billions of dollars in mesothelioma and asbestos suits.

The twelve count suit claims that the companies knew or should have known that the asbestos contained in their products would have a harmful effect on the health of those who came in contact with their products. It also states that they used asbestos in their products even though there were suitable, less harmful substitutes available.

Downs’ suit claims that because of his lung cancer, caused by the defendants’ products, he suffered great pain of body and mind, suffering, fear, distress, embarrassment, inconvenience, economic loss including medical and pharmaceutical bills, and loss of quality of enjoyment of life.

His wife Ruth is also listed as a plaintiff in the suit. She claims that she has suffered the loss of general services, companionship and society of her husband. The suit seeks both compensatory and punitive damages.

The suit was filed in Kanawha County on January 16.

This entry was posted on Thursday, February 21st, 2008 at 2:42 pm and is filed under Asbestos Litigation, West Virginia. You can follow any responses to this entry through the RSS feed. Responses are currently closed, but you trackback from your own site.