Mesothelioma and the Army's Responsibility / Liability

The material asbestos was a very popular component of structure building until the late seventies. Asbestos was used in ceiling tiles and floor tiles, insulation, all types of wallboard and roofing.

In 2008, a group of soldiers at Fort Bragg, a major U.S. Army post in Cumberland and Hoke counties near Fayetteville in North Carolina were ordered to clean out old floor tiles in a barracks storeroom. Their sergeant warned the men that asbestos might be present without offering or providing the soldiers with any protective gear or clothing. One concerned soldier called his father back home to tell him about his concerns regarding performance of this job. He sent his father one of the tiles from the storeroom so that his father could have the tile examined. When his father had the tile tested, it was found to contain twenty-five times the level the EPA deems acceptable.

Many barracks were built in the 1950’s using materials considered standard, reasonably priced, and safe for that time.  Construction of army barracks continued this practice for approximately thirty years.  This particular storeroom was built during the Viet Nam era of the late sixties.  The potential hazards of asbestos including cancer causing properties, especially of the lungs, were unknown during the time of construction.

Incidents such as this raise concerns about the current condition of military structures including barracks elsewhere throughout the nation.  In 2002, there was a government study of barracks at training bases for all U.S. military service branches.  Barracks were inspected at ten bases.  Only two of the ten were built more recently than thirty years ago.  Three of the ten barracks were found to contain asbestos in the floor tiles and in the insulation.  Due to the age of these structures, deterioration was naturally occurring.

Due to health concerns products using asbestos were banned starting in the 1980’s.  This solved the cancer-causing threat to homes, military structures, and commercial buildings that were new construction.  It did nothing to solve the situation in existing structures that through aging become more and more susceptible to further deterioration.

The widespread use of asbestos in construction dates back to the late 1800’s when asbestos was applied in a wide variety of products.  The reason asbestos was valued so was because it is an excellent insulator.  In the Army and other military branches, asbestos was valued for its resistance to heat and fireproofing ability.

This now known to be toxic material was praised by the military, and that fact accounts for its widespread use.  The military began using asbestos-containing construction/insulation products on Navy ships sailed during World War II.

From the late 1930’s and early 1940’s through the 1970’s asbestos was found in all types of construction and maintenance for tanks, ships, aircraft, electric wiring insulation, brake pads, and clutches.  All the armed forces including but not limited to the Army such as the Marines and Coast Guard found even more uses for this cancer-causing product.  Army and other military branches’ housing and other structures were built using asbestos and its many applications.  In the Navy alone asbestos was used in over 300 products.

The military knew and understood that asbestos was a dangerous product long before its use was discontinued.  In a 1939 report on health conditions at a Brooklyn, NY Navy yard, the U.S. Surgeon General stated that prolonged exposure to the material led to asbestosis, a potentially deadly respiratory condition that was tied to the early onset of cancer.

The environmental protection agency (EPA) attempted to ban the use of asbestos in 1989; however, their ban was overturned by the fifth Circuit Court of Appeals in 1991.

Mesothelioma or malignant mesothelioma is a type of cancer that forms in the protective linings that cover many of the body’s internal organs called the mesothelium. This disease has as its primary cause exposure to asbestos. Most commonly the disease begins in the pleura, the outer lining of the lungs and internal wall of the chest.

Most who develop mesothelioma have been employed in jobs or assigned jobs in the military where they have breathed in asbestos and glass particles or dust.

Those exposed to asbestos in the Army and elsewhere have recourse to seek the help of attorneys in order to collect compensation for the harm coming into contact with this material has done to them both physically and emotionally.

Although there is no cure for mesothelioma, the following are methods of treatment commonly applied:

• Chemotherapy
• Immunotherapy
• Surgery
• Radiation Therapy
• Multimodality Therapy

The signs and symptoms of Mesothelioma affecting the pleura include the following and may not appear until twenty to fifty years post exposure to asbestos material:

• Shortness of breath
• Pain in the Chest cavity due to a buildup of fluid
• Anemia
• Fatigue
• Wheezing
• Coughing and hoarseness
• Blood in sputum that may be coughed up

Use of asbestos in construction in and around Army and other military barracks may be a thing of the past, but the existence of the material in buildings that still stand today continues to present health risks and concerns.  It is estimated that thirty percent of those who have contracted Mesothelioma developed the disease after exposure to asbestos in the Military.