Mesothelioma Attorneys File Response in Alcoa Lawsuit

Alcoa Tries to Void Employee’s Lawsuit

ROCKDALE, TEXAS — A former Aluminum Corporation of America (Alcoa) employee, who is suffering from a rare form of lung cancer, is fighting for his life and to keep his lawsuit alive

Monday, mesothelioma attorneys Cappolino, Dodd, Krebs in Cameron filed a response to Alcoa’s motion to dismiss the case. The response is available online at industrialcancer.com and was supported by a 14-inch-thick stack of documents.

"The bad thing is, if our client were dead, this would be an easier case," said Valerie Farwell, lead council. "Alcoa would probably be talking about a resolution."

According to Farwell, Alcoa is using a provision of Texas' workers compensation rules to bar her client from access to the court system. Under the rules, an employee can only sue for intentionally causing harm. Only after an employee dies can survivors make a claim, and then only for punitive damages, which are capped by Texas law.

Farwell's client worked at the Alcoa Rockdale plant for 27 years and was exposed to asbestos-containing materials during most of his career. He developed mesothelioma, a rare cancer of the lining of the lung. Mesothelioma is almost exclusively caused by asbestos and is fatal.

After undergoing a pleurectomy, radical surgery that removes the lining of both lungs and the heart, and the removal of one lung, the client is living with his disease and doing as well as can be expected, Farwell said.

"Alcoa's own documents and testimony establish that it was substantially certain that some of its employees, like our client, would develop asbestos-related diseases if exposed to asbestos at the Alcoa Rockdale plant," said Farwell.

She noted that Alcoa had much of this information as early as the 1950s and early 1960s, yet deliberately chose not to inform its employees of the danger, then quoted one of Alcoa's senior industrial hygienists: "What purpose would it [telling people of the danger] serve?"

"This is the first time the Texas Multi-Jurisdictional Litigation Court has heard this issue," said Farwell. "If the court rules in our client’s favor, many living Alcoa employees who do or will suffer from this painful and deadly condition will benefit. These people deserve to have their day in court."

The below is a legal response made by a mesothelioma attorney on behalf of a victim of mesothelioma cancer. The response is to a motion filed by the defendant, Alcoa, Inc. The Alcoa lawsuit was filed on behalf of a man who developed pleural mesothelioma cancer as a result of asbestos exposure.

If you, or a member of your family, have developed mesothelioma cancer as a result of asbestos exposure, contact an experienced mesothelioma lawyer at Cappolino Dodd Krebs LLP.

Alcoa response »