Asbestos exposure does not happen as much in recent years due to regulations put into place to help prevent injuries from this hazardous substance. However, since the results of exposure take years or decades to show up, many cases are still working through the court system.
One such case, Perkins v United States, has had its ups and downs, but it has survived through multiple objections from U.S. attorneys.
Overview of the case
This case involves Geraldine Rabb Perkins. She was the wife of a man who worked at the Puget Sound Navel Shipyard from 1968 to 1974 as a member of the U.S. Navy. During his time there, his wife would wash his laundry.
While Mr. Perkins likely knew about his asbestos exposure, Mrs. Perkins probably never thought about hers. Secondhand exposure to the substance led to Mrs. Perkins developing mesothelioma. She succumbed to the disease in June 2020.
Her daughter filed the case to fight for compensation due to negligence by the United States for not providing proper protections for workers and their families from asbestos exposure.
The case progression
The Perkin’s daughter pointed out in her complaint that regulations should have required showering and changing facilities as well as laundry services for her father. She also claimed the Navy should have provided him with protective clothing.
The government challenged all the claims. The attorneys argued that the government has sovereign immunity, but the court threw that out. Then, they said the regulations cited were not mandatory or guaranteed, so they were invalid.
The court did dismiss the claims about showering, changing and providing laundry services but upheld the claim of providing protective clothing.
The case is currently moving through the legal system. The initial judge allowed the claims against the government for not providing clean protective clothing at the beginning of each shift for workers, such as Mr. Perkins, which will allow the couple’s daughter to continue to fight for her mother, who is a clear victim of secondhand asbestos exposure.
