Asbestos, Lung Cancer & Bartel

lung scan possible asbestosis, lung cancer or mesothelioma

Asbestos, Lung Cancer & Bartel:  A case in the United States District Court, E.D. Pennsylvania ruled on a motion for summary judgment.

The Asbestos, Lung Cancer & Bartel case is about a former ship worker was allegedly exposed to while working on ships and later developed asbestos-related lung cancer.

A brief summary of the Asbestos, Lung Cancer & Bartel case includes:

  1. In October 1994, Mr. Boden brought claims for non-malignant asbestos-related disease (now pursued by Plaintiffs after the death of Mr. Boden) against various defendants, including shipowners represented by Thompson Hine LLP.
  2. By way of Order dated May 2, 1996, Judge Charles Weiner dismissed those claims administratively, leaving open the possibility for the action to be pursued at a later, unspecified date.
  3. Approximately ten years after he filed his asbestos action (and approximately eight years after it was dismissed), in September of 2004, Mr. Boden filed for bankruptcy pursuant to Chapter 7 of the bankruptcy code, without listing his asbestos claims as an asset in the bankruptcy filing. Approximately four months later, in January of 2005, the bankruptcy case was closed.
  4. Thereafter, in September of 2006, Mr. Boden was diagnosed with asbestos-related lung cancer, giving rise to a claim for a malignant asbestos-related disease. On January 27, 2011 (approximately six years after he was discharged from bankruptcy, and approximately twelve years after Mr. Boden first filed his asbestos action), the MDL Court reinstated Mr. Boden’s asbestos action, which had been dismissed by Judge Weiner in 1996. 
  5. Plaintiff was exposed to asbestos while working aboard various ships. 
  6. The Court ruled: Denied
  7. For more on the case, please follow this link: MDL-875 – January 22, 2016

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