In a legal showdown fraught with complexity, Foster Wheeler Energy Corp. faces the daunting reality of a lawsuit over a U.S. Navy sailor’s fatal mesothelioma, with a Virginia federal judge ruling Thursday that pivotal issues remain unresolved for a jury to untangle.
U.S. District Judge Roderick C. Young underscored lingering uncertainties surrounding whether Foster Wheeler’s actions, particularly its alleged failure to caution Jerome J. Gehant about the perils of asbestos in its products, directly contributed to his illness.
Foster Wheeler vehemently contested any culpability, contending ignorance regarding the risks posed by asbestos-containing gaskets during Gehant’s tenure as a boilerman aboard the USS America.
Yet, Judge Young cited a cascade of litigation implicating manufacturers, including Foster Wheeler, in asbestos-related ailments during the 1960s and 1970s, casting doubt on the company’s professed innocence.
“‘There is ample evidence that defendants knew or should have known … that exposure to asbestos dust could cause lung cancer … [a]nd there is evidence defendants knew or should have known that removing and replacing asbestos-containing gaskets could expose a user to asbestos dust,'” Judge Young’s order echoed, drawing from a precedent-setting 2021 California federal court ruling.
Gehant’s service from 1967 to 1970, marked by stints in shipyards and aboard the USS America, preceded a devastating diagnosis of mesothelioma in 2019 and his subsequent demise in 2021, as detailed in a lawsuit filed by his family’s representative, Rhonda Rae Jenner Gehant.
The lawsuit portrayed asbestos and its derivatives, ubiquitous in naval environments, as insidious threats, exacerbating the tragedy of Gehant’s untimely death.
Foster Wheeler’s Defense under Scrutiny
Foster Wheeler’s defense pivoted on its status as a government contractor, contending adherence to Navy directives absolved it of liability. However, Judge Young cautioned against hasty conclusions, noting contradictory precedents challenging the company’s assertions.
“Several courts have denied motions for summary judgment on the basis that there was a triable issue of fact related to whether the Navy prohibited manufacturers from placing warnings on their products,” Judge Young elucidated, dismantling Foster Wheeler’s defense strategy.
Moreover, Foster Wheeler’s attempt to shift responsibility onto the Navy as the ultimate arbiter of safety aboard its vessels foundered under Judge Young’s scrutiny. The judge underscored unresolved questions regarding the extent of the Navy’s awareness of asbestos risks and Foster Wheeler’s duty to inform.
In the complex legal terrain, Foster Wheeler remains ensnared, its fate hanging in the balance as legal proceedings unfold, with the shadow of accountability looming large.
