Thirty Years of Asbestos Exposure: The Long Path to Mesothelioma Justice

Over the last twenty years, Louisiana’s working class has been hit by a wave of devastating diagnoses. Because mesothelioma can stay dormant for up to 40 years, many workers don’t realize they were poisoned until it is too late. The tragic case of Phillip Graf, who was exposed to asbestos for over three decades before his death, shows that justice requires a relentless pursuit of every entity—from employers to the companies that marketed these dangerous products.

The Silent Threat: Mesothelioma’s Decades-Long Latency Period

Asbestos fibers are invisible and odorless, but once inhaled, they remain in the lungs for decades. As seen in the case of Phillip Graf, it can take over 30 years for symptoms to manifest. This delay often leads to misdiagnosis, as the symptoms of mesothelioma—coughing, chest pain, and fatigue—mimic less severe respiratory illnesses. By the time a correct diagnosis is made, the disease is often at an aggressive stage, leaving families with limited options.

In cases where a victim passes away before trial, their family can continue the fight through a Louisiana Survival Action.

Over the past two decades, America’s working class has suffered the impact of exposure to asbestos. Before it was known that asbestos could lead to serious illness and death, people worked around the material without hesitation. Problems with exposure arise due to the fact that the fibers of asbestos, once inhaled, can have a very negative impact on your lungs and body. Those who have been exposed to asbestos can contract mesothelioma, a rare kind of cancer that can develop from the protective lining that covers many of the body’s internal organs. It is an aggressive and deadly kind of cancer that has very little remedy; usually the best type of treatment is the keep the person as comfortable as possible.

Even worse, mesothelioma can have the same symptoms of other diseases, so it can be misdiagnosed very easily and lead to significant delays in treatment. Furthermore, the symptoms of the disease often do not appear right away. Because the impact of exposure may not become obvious for many years after exposure, people have the possibility of being diagnosed with something other than the disease and miss out on sorely needed medical attention. Because the disease manifests itself so late, it can easily go under the radar and get worse before anything can be done to resolve it.

In Louisiana, in the New Orleans Parish Civil District Courthouse, the family members of yet another victim of exposure to asbestos will have their day in court. The deceased, Phillip Graf, was exposed to asbestos for over 30 years and died a long, emotional and painful death. His family members are suing up to 29 different defendants in their lawsuits arising from his untimely and unfortunate death. Among the defendants are organizations that may have directly or indirectly played a critical role in the exposure of asbestos leading to Mr. Graf’s unfortunate passing.

Aiding and Abetting: Why Insurance Companies are Named in Asbestos Suits

One of the most unique aspects of the Graf case is the inclusion of Metropolitan Life as a defendant. The claim alleges the company “aided and abetted” the marketing of unreasonably dangerous products. This illustrates that in Louisiana asbestos litigation, liability isn’t limited to the manufacturer. Anyone who played a role in hiding the dangers or promoting the product can be held to account.

Metropolitan Life was a major defendant named in this suit. In court documents, the claim states that the company is liable because it aided and abetted the negligence and the marketing of unreasonably dangerous asbestos containing products by such manufacturers. These products are claimed to be the ones that were exposed to Mr. Graf containing harmful asbestos. The plaintiffs in the case allege that these actions exhibit a specific type of negligence and lack of care that led to Mr. Graf’s death. Moreover, Benjamin Moore & Co. is listed as the lead defendant. This is because it was the employer of Mr. Graf that exposed him to this harmful asbestos environment that he worked in for years. This case helps illustrate that with matters such as this, a variety of companies both directly and indirectly involved in the exposure can be held accountable for the unfortunate circumstances their actions, or lack thereof, caused.

The Challenge of Multi-Defendant Litigation: Managing 29 Different Claims

The Graf family is suing 29 different defendants, ranging from employers like Benjamin Moore & Co. to various product manufacturers. In Louisiana, this “scattergun” approach is often necessary because the victim was likely exposed to dozens of different asbestos-containing products across multiple job sites over three decades. Success requires an attorney who can meticulously trace every product used and every site visited.

Losing a family member to a preventable disease like mesothelioma is a profound injustice. As the Graf case demonstrates, accountability can involve dozens of companies and complex legal theories like ‘aiding and abetting.’ If your family is dealing with the aftermath of long-term asbestos exposure, you need a legal team that won’t stop at the first defendant. Contact the Berniard Law Firm today for a comprehensive review of your potential claims.