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A Jones Act lawsuit has been sent back to Beaumont by a U.S. appeals court because there are still questions regarding the statute of limitations and when the plaintiff should have been aware of his medical condition.
A lower court decision was reversed by the U.S. Fifth Circuit Court of Appeals in New Orleans, which had stated that all injury claims made by Herbert Pretus, Jr. against Diamond Offshore Drilling Inc. should be dismissed. According to the appellate justices, the lower court had not fully taken into consideration when the statute of limitations should begin.
Pretus’ original case was filed in Texas state court on September 6, 2006 under the Jones Act and general maritime law against Diamond Offshore. Pretus had worked for Diamond Offshore as a roustabout in 1978 and was later assigned to the safety department.
From 1999 to 2000, Pretus worked on the Ocean Confidence, which was a floating hotel that was being retrofitted into an offshore drilling rig. Pretus said that the environment on the drilling rig was wet and moldy.
During his time on the Ocean Confidence, Pretus started experiencing respiratory problems and had “cold like” symptoms. He said these symptoms usually went away when he returned home. In 2004, his symptoms got worse and he took a leave of absence to pursue medical treatment. He eventually saw an infectious disease specialist who informed Pretus that he had a fungal infection in his lungs. The condition, if not recognized, can lead to an irreversible loss of lung function.
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