Hammond man, 88, diagnosed with lung cancer, sues over asbestos contamination

By Jeanette Lach, NorthWest Indiana Times

An 88-year-old Hammond man is suing 44 companies in federal court claiming their negligence exposed him to asbestos and eventually led to his lung cancer.

Earl Darnell is seeking more than $75,000 in damages from firms spread across the United States. Federal law requires Darnell to seek at least that amount.

Darnell worked as an operating engineer from 1938 to 1982 for six steel companies in Illinois and Northwest Indiana. Those companies are not defendants in the lawsuit. He was diagnosed with lung cancer on Aug. 18.

The suit claims that an air filter mask Darnell wore while at work did not prevent asbestos from entering his lungs, he was unaware of the dangers of asbestos and the companies producing asbestos products or equipment insulated with asbestos did not adequately warn Darnell and others of its dangers.

The suit names such large firms as 3M, General Electric Co., Georgia-Pacific Corp. and United States Gypsum Co. as defendants.

However, Darnell did smoke a pack of cigarettes a day from 1942 to 1999, said Julie Newman, a legal assistant with Cascino Vaughan, the Chicago law firm representing Darnell.

Asbestos fibers must be inhaled at high concentrations and over an extended period of time to be a significant health concern. The fibers then accumulate in the lungs and can cause cancer, among other diseases, according to the Asbestos and Lead Management Group at the University of Minnesota.

Asbestos is only dangerous if it becomes airborne. Measures used to limit exposure reduce health risks.

In lung cancer, the time between exposure to asbestos and the onset of the disease is 20 to 30 years. But smoking and exposure to asbestos has a synergistic effect, creating an extreme susceptibility to lung cancer.

Asbestos cases began cropping up in the 1970s. Now, an estimated 200,000 cases are pending nationwide in federal and state courts, Newman said.

A group of 18 companies regularly sued for asbestos claims organized themselves into a non-profit organization to cost-effectively represent themselves in lawsuits.

Mike Bergen, an Indianapolis attorney with The Center For Claims Resolution, declined to comment on the Darnell case, saying he had not seen court documents. Thirteen of the companies Darnell is suing belong to the cooperative.

Most federal asbestos cases are removed to a multidistrict panel in Pennsylvania that oversees the claims. Parties in the lawsuits are required to attempt a settlement before a trial is conducted.

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