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No Survival Action for Children of Worker Who Died of Mesothelioma

Monday, February 3, 2020 | 475 | 0 | 21 min read

The Louisiana Supreme Court ruled that the terms of a release that a worker signed in order to settle a pneumoconiosis claim precluded his children from bringing a survival action after his death from mesothelioma. Case: Joseph v. Huntington Ingalls Inc., No. 2018-CC-02061, 01/29/2020, published. Facts and procedural history: In 1982, Gistarve Joseph Sr. filed suit against Avondale Industries Inc., asserting he had developed pneumoconiosis because of his occupational exposure to toxic fibers, asbestos, silica dust and other dangerous materials between 1969 and 1982. In 1985, Joseph set...

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