How a Vietnam-Era Sailor Held Asbestos Companies Accountable

Mike Nelson wasn’t worried when he first noticed feeling short of breath while two-step dancing to country music at the VFW Hall. He was getting older, after all, and the Vietnam veteran and retired long-haul trucker figured it was just the wear and tear of life starting to catch up.

A Subtle Symptom and a Live-Changing Diagnosis

At a routine checkup at a VA medical center a few weeks later, doctors listened to his lungs and ran some tests. X-rays revealed small spots on both sides of his lungs. A few days later came a grave diagnosis: lung cancer.

The news carried him back nearly 60 years and halfway around the world to his time aboard the USS Ponchatoula stationed at Naval Station Pearl Harbor during the early years of the Vietnam war. Mike was barely 18 when he arrived at boot camp on New Year’s Day 1964. Assigned to the Ponchatoula, he served as a boiler tender, operating heavy machinery deep below sea level. It was a grueling job, in hot and cramped conditions, surrounded by boiler furnaces, valves, and pumps – largely covered in  and containing asbestos.
 
Deep Below Deck: Asbestos Exposure Aboard the USS Ponchatoula

Even though the dangers of asbestos were well known by the 1960s, no one told Mike and his shipmates how to protect themselves from exposure to cancer-causing asbestos particles.

During one stretch of his service, a damaged boiler forced the Ponchatoula out of operation, and Mike and his fellow crew members were tasked with an extensive repair. The work required them to crawl inside the boiler itself, scraping and chipping away material and scrubbing components with wire brushes—work that kicked up thick dust in an enclosed, sweltering space.

“Everything down there was covered in asbestos. All of the pumps, the valves, everything had asbestos in them. It was a hot, dusty job,” he said. “I imagine the average temperature down there was close to a hundred degrees all the time. I didn’t know there was any danger in it. We were never told anything like that.”
 
Asbestos Exposure: A Widespread Risk for Veterans and Workers

Mike’s story reflects what many veterans and workers have experienced. Illnesses caused by asbestos, including mesothelioma and lung cancer, often remain hidden for decades before any warning signs emerge. By the time symptoms appear, the disease is frequently far along. At that point, individuals are forced to confront serious medical challenges along with growing financial strain—often during a stage of life when they are retired or living on limited, fixed incomes.

During much of the 20th century, countless members of the military encountered asbestos as part of their service. Because it was valued for its ability to withstand extreme heat, asbestos was commonly used in equipment such as boilers, valves, and other systems, as well as in many other settings.

Civilian workers faced similar hazards. Americans employed in manufacturing, construction, and heavy industry were frequently exposed to asbestos without safety gear or any warning of the health consequences. In addition, medical research has connected mesothelioma and other cancers to exposure from talc-based products that are often tainted with asbestos.
 
Surgery, Complications, and a Long Road Back

In early 2024, Mike underwent surgery and had one lobe removed on his left lung.

“I was shocked because I didn’t think it was that serious at first,” he recalled. “I take things pretty easy as they come. I’ve seen too many people who’ve gone through chemo and sick all the time, and I didn’t want that. So I just told them, ‘Listen, if it’s operable, let’s take it out.’”

Later that year, he had a more invasive procedure on his right lung. What was going to be a relatively short recovery in the hospital turned into a six-month stay as Mike fought back from complications, including pneumonia scares and long periods in the ICU.

When he finally left the hospital, Mike had dropped from 315 pounds down to 260 and was so weak, he could barely walk.
 
Uncovering What Companies Knew—and Failed to Warn

A veteran friend who knew about the links between asbestos exposure and lung cancer and mesothelioma advised Mike to consult with an attorney. That’s when he began discussing asbestos litigation with attorney Chris Johnson at the offices of Galliher DeRobertis & Waxman, a Hawai’i-based law firm that focuses on helping individuals impacted by asbestos exposure, particularly those like Mike who served on military facilities in and around Hawai’i.

The firm’s investigative work involving mesothelioma and lung cancer lawsuits has revealed that companies involved in making, selling and distributing asbestos-containing products were aware for generations of the clear connection between asbestos exposure and mesothelioma. Despite this knowledge, they did not alert the public and, in many instances, deliberately hid the risks associated with their products.
 
The Complexity of Asbestos, Mesothelioma and Lung Cancer Lawsuits

Asbestos litigation is highly complicated, demanding deep expertise in medicine and science, along with the resources to locate and preserve historical corporate records and uncover critical facts through testimony and depositions. These cases also require confronting well-funded defense teams representing major corporations.

“First and foremost, our approach to cases involving asbestos-related disease is to keep in mind that the lawsuit is the last thing on a cancer victim’s mind,” Johnson said. “Our job is to help them and guide them through the process and also do the worrying for them.”

Prior to his surgeries, Mike provided in-depth sworn deposition testimony describing his daily contact with asbestos while serving aboard the Ponchatoula and explaining that Navy documentation never identified asbestos as a health risk.

Through its asbestos litigation investigation, the firm determined that equipment and materials used on the Ponchatoula—including pumps, valves, and insulation—were supplied by private companies that were aware of the dangers posed by asbestos yet did not warn service members or others who were exposed. The Galiher DeRobertis & Waxman team obtained settlements in the lung cancer lawsuit from several companies responsible for his exposure.
 
Why Contingency Fees Matter in Asbestos Litigation

For asbestos-exposure victims like Mike, the contingency fee structure is a critical pathway to justice in lung cancer lawsuits. Cases against major corporations that produced or distributed asbestos-laden products demand intensive investigation, specialized experts, and substantial financial investment.

For most individuals—particularly those coping with a life-threatening diagnosis—covering those costs out of pocket is simply not realistic. A contingency arrangement eliminates that obstacle. Clients are not required to pay legal fees or case expenses in advance; the firm fronts the costs and receives payment only if compensation is recovered. This approach makes it possible for those injured by toxic exposure to seek justice in court, regardless of their economic situation.
 
Standing Up for Veterans

Mike’s experience fighting lung cancer highlights the unseen toll of military service and underscores why corporations must be held responsible when their products harm people. With determination, resilience and the backing of his legal team, Mike transformed a deeply difficult chapter of his life into a testament to strength and public awareness.

“Sadly, Mike’s experience mirrors what we see in many asbestos exposure cases,” Johnson explained. “It’s all too common, and it’s heartbreaking.”

Today, Mike is doing well. He undergoes monthly X-rays at the VA and is looking forward to a clean bill of health from his doctors. While lung surgery has left him occasionally short of breath, it hasn’t slowed him down—he still enjoys dancing several nights a week. Mike is thankful for the outcome of his case and for the recognition by asbestos manufacturers of their failure to warn people about the risks. He urges fellow veterans not to hesitate in getting legal help.

“I know there’s gonna be a struggle in my life, but I’ve never given up. And I won’t give up,” he said. “I’m going to fight until the good lord says it’s time to come on home.”

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