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LOUISIANA RECORD

Friday, April 19, 2024

Avondale Shipyard worker, now suffering from mesothelioma, has asbestos case moved to federal court

State Court
Swarrfrank

Frank Swarr

NEW ORLEANS - Defendants facing an asbestos lawsuit filed in August in the Orleans Parish District Court have removed the case to federal court.

The lawsuit is from a California man who says he was exposed to asbestos working in Louisiana in 1966. Defendants removed the case to U.S. District Court for the Eastern District of Louisiana on Feb. 18. A federal multidistrict litigation in Philadelphia handles federal asbestos cases.

Plaintiff Joseph Hilburn was working for Avondale, Inc. at the Avondale Shipyard in Bridge City when he handled, used or was nearby to products that contained asbestos at dangerously high levels, the suit says. Hilburn was diagnosed with malignant mesothelioma in 2017. 

The defendants include Eagle Asbestos and Packing Co., McCarty Corporation, Taylor-Seidenbach, Inc, Zurich American Insurance Company and Avondale Industries Inc. 

Hilburn filed one county of strict liability and one count of negligence against the defendants. He is seeking restitution for past, present and future medical costs, lost wages, pain and suffering, loss of quality of life and disability. 

Hilburn is represented by the Nemeroff Law Firm of Dallas, and Landry and Swarr LLC of New Orleans. 

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