Pa. man diagnosed with lung cancer files asbestos mass tort claim

Jon Campisi Oct. 7, 2011, 9:15am

A Plymouth Meeting, Pa. couple has filed a mass tort asbestos lawsuit against a number of companies that deal in products containing the fiber, alleging the husband’s lung cancer diagnosis earlier this year was directly related to his work history.

Philadelphia attorney Benjamin Peter Shein, of the Shein Law Center, filed the civil action Oct. 4 at the Philadelphia Court of Common Pleas on behalf of Mario and Denise DeSimone.

The lawsuit names as defendants more than 30 companies that manufacture and distribute products containing asbestos. They include, but are not limited to, Union Carbide Corp., Allied Glove Corp., Pittsburgh Metals Purifying Co., J.H. France Refractories Co., and E.D. Bullard.

The lawsuit states that Mario DeSimone, who worked for Alan Wood Steel Company in Conshohocken, Pa. as a laborer from 1973 to 1977, was diagnosed by doctors at Montgomery Hospital in March of this year as having malignant mesothelioma.

“Such disease/condition is causing ascertainable physical symptoms, impairment and disability,” the suit claims.

The plaintiffs demand judgment against the defendants, severally and jointly, in a sum in excess of $50,000 in compensatory damages, and more than $50,000 in punitive damages, plus interest and related court costs.

The lawsuit was filed as a short form complaint in the master asbestos litigation docket in Common Pleas Court.

A jury trial is being sought.

The case number is 111000313.

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