PITTSBURGH – A man suffering from Myelodysplastic Syndrome (MDS) is suing a plethora of major corporations, claiming his exposure to carcinogenic products over the course of his professional career led to his current medical condition.
Frederick R. Eastman and Janet L. Eastman of Irwin filed suit in the Allegheny County Court of Common Pleas on July 31 versus a long list of corporate defendants, including Sunoco, Inc., Texaco, Inc., Exxon-Mobil Corporation and BP Amoco Chemical Company.
In his lawsuit, Frederick Eastman says over a 37-year career where he worked as an auto mechanic, student ski instructor, maintenance man and painter, life insurance salesman and general salesman, he was exposed to benzene, solvents, lubricants, cleaners, which caused the development of his MDS.
“In September 2018, Mr. Eastman presented to Dr. Hyoung Kim at UPMC Hillman Cancer Center at Arnold Palmer Pavilion for an evaluation of a moderate degree of anemia. Two months later, in November 2018, he was seen by Dr. John Waas at the Arnold Palmer Pavilion. Dr. Waas diagnosed microcytic anemia with atypical red blood cell morphology as a result of Mr. Eastman’s visit on Nov. 7, 2018, and ordered a bone marrow biopsy,” the suit states.
“A bone marrow biopsy was done on Nov. 13, 2018. Pathology analysis reported findings consistent with a myelodysplastic syndrome and a deletion of chromosome. Mr. Eastman was informed of this MDS diagnosis on Nov. 27, 2018, during his visit with Dr. Angela Marie Merlino. He brings this action within two years of learning of his cancer diagnosis.”
For counts of negligence, breach of warranty, strict liability, punitive damages and loss of consortium, the plaintiffs are seeking damages, individually, jointly and severally, in excess of $50,000, plus interest, costs and any other relief that the Court deems just and appropriate under the circumstances, plus a trial by jury.
The plaintiffs are represented by Robert F. Daley of Robert Peirce & Associates in Pittsburgh, plus R. Dean Hartley and Sean X. Xing of Hartley Law Group, in Wheeling, W.V.
Defendant Valvoline, LLC is represented by Steven Miles Lucks of Fishkin Lucks, in New York, N.Y.
Allegheny County Court of Common Pleas case GD-20-008181
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com