ASBESTOS NEWS DAILY - MESOTHELIOMA LAWSUITS
Mesothelioma Lawsuit – Asbestos Trades – $14 Million Mesothelioma Award
Mesothelioma Lawsuit - $14M Awarded To Construction Worker
Byjayita, Gaea News Network
May 28th, 2010
FLORIDA (GaeaTimes.com) — AMesothelioma lawsuit filed by WilliamAubin against Union Carbide earned him $14 million.Aubin, aSarasota construction worker was awarded by aFlorida jury.
Aubin had filed complaint against the chemical manufacturer and several other defendants such as Georgia-Pacific for their failure to warn construction companies against their compound, made of asbestos.
Aubin started fighting against these companies after he was allegedlydiagnosed withPeritoneal Mesothelioma in the 1970s. Before that he used to work for his parents’ construction company, Key Biscayne.
Mesothelioma is a rare form of cancer. The disease is caused by exposure to asbestos and inhaling asbestos fibers. The rare form of cancer is found in the chest and lung. But unlike lung cancer development ofmesothelioma is not related to smoking.
Peritonealmesothelioma is a fatal and rare form of the disease that affects the abdominal cavity. Only 30% of Mesothelioma cancer cases are diagnosed asPeritonealmesothelioma.
Asbestos which is the root cause of the disease is mainly used in several manufacturing and construction companies. Although the most use of asbestos were banned in mid 1980s, the number ofmesothelioma deaths toll is rising each year, according to the U.S. Centers for Disease Control and Prevention reports.
Asbestosmesothelioma lawsuits are the longest running mass movements by the people ofU.S. Over 600,000 people have filed lawsuits against 6,000 defendants after being diagnosed withmesothelioma, asbestosis or other asbestos-related diseases.
The award forAubin was announced last week, when aMiami jury had determined that Union Carbide was chiefly responsible forAubin’s cancer. However, they didn’t refute the possibility of other defendants having shared the similar responsibility.
Mesothelioma Lawsuit – Asbestos Exposure – $2.99 Million Mesothelioma Award
Asbestos-Laden Parts Lead to $3 Million Jury Award
April 30, 2010 (TopWireNews.com: - Law, press release)
(Mesothelioma News) - Decades after a sailor’s exposure to asbestos and a year after hedied frommesothelioma, a jury in Newport News, Virginia., held a shipyard supplier accountable, hitting the company with a $2.99 million verdict on April 13.
The company’s asbestos-laden parts, the jury said, helped cause the plaintiff’s disease and, ultimately, his death.
RobertHardick, who was 69 when he died in March 2009, was a former U.S. Navy petty officer who had been exposed to asbestos while serving at a naval shipyard and while at sea, from the 1950s to the 1970s.
Mesothelioma, a cancer of the protective lining that covers many of the body’s organs, can take decades to develop. In the vast majority of cases, it is caused by asbestos exposure. It is almost always fatal.
“His doctor talked vividly about his suffering,” said BobbyHatten, amesothelioma attorney with theNewport News firm of Patten,Wornom,Hatten &Diamondstein. “He was avery loved guy.”
Asbestos-a heat-resistant material used heavily on ships -is dangerous when airborne.Hardick, a father of four fromHopkinsville,Ky., had breathed in millions of invisible asbestos fibers at the Norfolk Naval Shipyard. As ashipfitter,Hardick often took pumps and valves into a shop area, using brushes and hammers to remove asbestos sealants. In the process, asbestos particles became airborne andHardick breathed them in. Further asbestos exposure came whenHardick served aboard the cruiser USS Newport News.
Themesothelioma lawsuit was against the defendant, Illinois-based John Crane Inc., which had supplied the asbestos-laden parts to the Navy.
Crane’s liability represents half of a $5.98 million verdict returned by the jury. The remainder was apportioned to a codefendant in the case,Garlock Sealing Technologies of Palmyra, N.Y. ButGarlock had previously settled out of court for an undisclosed amount, leaving only Crane on the hook for its half.
Hardick, who became a successful businessman after leaving the Navy, is survived by his wife, Diane. In arriving at the nearly $6 million verdict, the jury awarded $2 million forHardick’s pain and suffering; $1.15 million for the loss suffered by his widow; $2.5 million for lost future income; and $327,000 in medical and funeral expenses.
This news was brought to you by themesothelioma attorneys at Cooney & Conway, a nationally recognized law firm that has brought recovery and justice to victims of asbestos exposure and asbestos-related diseases.
120 N LaSalle Street -Suite 3000Chicago,IL60602-2415
Toll Free: (888) 651-1850
Asbestos Verdict – Asbestos Trades –Mesothelioma Lawsuit
Mesothelioma Victim’s Family Receives Huge Award In Asbestos Exposure Case: $30.3 Million
By Thomas J. Lamb at AsbestosHUB.com | April 7, 2010
Back in June 2008, we reported on the largestasbestos verdict ever awarded inNew Jersey. The lawsuit pertained to the untimely death of Mark Buttitta, who succumbed tomesothelioma just before his 50th birthday.
Buttitta had been exposed to asbestos through his father, who worked at a GM warehouse as a parts picker. Buttitta also worked at the warehouse during the summers when he was a young man.
In our June 2008 post, we reported that Buttitta’s surviving wife and three daughters were awarded a huge $30.3 million dollar verdict.
The breakdown goes like this: $8 million for pain and suffering, $2 million for loss of consortium, $9,281,660 for loss of earnings, $2,030,544 for loss of services, and $3 million for loss of parental care and guidance for each of Buttitta’s three daughters.
Since that time, the defendants have fought hard trying to appeal and reverse this decision. Falling on several tactics to shirk their responsibility, they have argued that the judge was mistaken in each of these categories:
§ the admission of plaintiff’s expert testimony
§ Borg-Warner’s claims against settling defendants; and,
§ its motion for a remittitur.
After a long and careful review, no errors were found in any of the judge’s rulings. The judgment and award for $30.3 million will stand.
For an excellent and detailed account of each argument for and against the defendants’ claims of judgment error, visit BUTTITTA v. ALLIED SIGNAL, INC. at Leagle.com.
Jury Verdict – Asbestos Exposure – $4.5 Million Asbestos Lawsuit
Verdicts & Settlements June 25, 2009: Asbestos suit brings $4.5MClayCounty jury verdict
By Angela Riley
Publication:Missouri Lawyers Media
Date: Thursday, June 25 2009
AClayCountyjury awarded $4.5 million in a family'swrongful death asbestos lawsuit.
The suit was brought by the wife and two children of aKansas City ceiling tile installer, Robert Wagner. Wagner worked for various contractors installing ceiling tiles in commercial buildings inKansas City
Wagner was a part of major commercial projects, including Hallmark'sCrownCenter and theKansas CityInternationalAirport.
Wagner was laterdiagnosed withmesothelioma, an aggressive form of lung cancer. Wagner died a year later in 2007 at age 70. Mesothelioma is known to be caused by exposure to asbestos. It was not disputed at trial that Wagner's cancer was caused by his exposure to asbestos, said defense attorney W. JamesFoland, ofFoland,Wickens,Eisfelder, Roper and Hofer in Kansas City.
Because Wagner worked around and used so many materials that contained asbestos, the plaintiffs relied on extensive witness testimony from Wagner's colleagues concerning which materials were used in the sites where he worked. Some defendants confidentially settled with the plaintiffs before trial, some claims were dismissed and other defendants won on summary judgment.
"You take a shotgun approach in these asbestos cases," said plaintiff's attorney Daniel Thomas, of Humphrey, Farrington & McClain inIndependence. "You narrow the claims as you go along and get additional information. "
The remaining defendants in the suit at trial wereBondex International, which produced joint compound used to seal joints between sheets in drywall, and ceiling tile producersConwed Corp. and Simpson Timber Co.
The plaintiffs made a $1.3 million demand ofBondex, and the company did not make an offer. However, Simpson Timber andConwed dispute the demands and offers given by Thomas. Thomas said plaintiffs demanded $2.5 million each from both parties, and Simpson Timber did not make an offer butConwed offered $90,000. Simpson Timber attorney, Nicholas , of Berkowitz Oliver Williams Shaw &Eisenbrandt inKansas City, said the demand was $1.5 million.Conwed's attorney, Clayton Dickey, of Rasmussen, Willis, Dickey & Moore inKansas City, said he could not discuss specific pretrial negotiations but that amount was not correct.
The defendants argued that their materials were not used in the buildings Wagner worked in, and that if their products were used they didn't contain asbestos. Both Simpson Timber andConwed madetiles that contained asbestos and tiles that didn't, Thomas said.
Mesothelioma – Asbestos Legislation – Mesothelioma Lawsuits
Texas legislation would expediteMesothelioma lawsuits
June 20th, 2009 by Wendi Lewis
According to a report in Risk & Insurance magazine, legislation currently pending in the Texas Senate would make it easier for people withmesothelioma lawsuits to have their day in court. Senate Bill 1123, which is sponsored by Senator Robert Duncan (R-Lubbock) would eliminate the need for Mesothelioma victims to prove exactly how much asbestos they had been exposed to as the source of their cancer.
Mesothelioma is a rare but deadly cancer caused by asbestos exposure. It most often affects the lining of the lungs, but can also affect the lining of the abdomen or, more rarely, the heart.
A 2007 Texas Supreme Court ruling in an asbestosis case requires victims of asbestos disease to show exactly how much asbestos they were exposed to in order to prove causation. Asbestosis is a severe scarring of the lungs caused by exposure to asbestos. The standards in this ruling are currently also applied tomesothelioma lawsuits.
Sen. Duncan argues that the same standards of causation cannot be applied tomesothelioma cases, because of the usually long latency period of the disease. It can sometimes take decades from the point of asbestos exposure until the disease manifests with symptoms. As a result, it is often extremely difficult for plaintiffs to trace back to the source of their exposure and secure qualitative proof of the exact amount of exposure.
Senate Bill 1123 would use what is known as the “Lohrmann standard,” which requires amesothelioma plaintiff to “prove that exposure to asbestos was frequent, regular and proximal.” The bill would not affect the standard for asbestosis cases.
Some argue that the law will be too lenient, but Risk & Insurance quotes Sen. Duncan as saying the rule will only bringTexas in line with the standard used most widely throughout the rest of the country to determine causation inmesothelioma cases.
Mesothelioma– Asbestos Legal – Mesothelioma Lawsuit
Meso patient dies whileTexas court debates inconvenient forum
December 12th, 2008 by Wendi Lewis
While the Texas Supreme Court reviewed an appeal by seven asbestos manufacturers in order to determine an appropriate forum for trial, plaintiff Austin Richardsdied ofmesothelioma. According to the report published by BusinessInsurance.com, the defendants – businesses based inTexas – said trying the case in their home state violatedTexas civil code, because Richards lived inMaine. They argued trying the case inTexas would be an “inconvenient forum” for them, as it would be difficult for them to travel toMaine to depose witnesses.
The Supreme Court ruled in favor of theTexas companies by unanimous vote, overturning a lower court ruling that would have allowed the trial to take place in the state. Richards brought suit against 21 defendants after being diagnosed withmesothelioma in 2005. All defendants manufactured or sold asbestos materials, according to the news report. Three of the defendants are based inTexas.
Richards worked as a mason, and regularly handled pipe insulation made with asbestos as part of his job.
The case was initially brought before aTexas state court inDallas. At that point, seven of the defendants asked that the trial be moved toMaine, citing theTexas code of “inconvenient forum.” Richards and his attorneys objected to the move, as they feared it would result in the case ultimately being assigned to the U.S. District Court inPhiladelphia as part of a multidistrictasbestos litigation. Mr. Richards feared he would not live long enough to see a trial in that case.
Unfortunately, Mr. Richards passed away before the case made it to oral deliberations before the Texas Supreme Court in September.
The three defendants that appealed theTexas state court decision to try the case inTexas were GE, Ingersoll and Warren Pumps. The Supreme Court decision can be found inIn Re General Electric Co. et al. The case will be moved toMaine.
Mesothelioma – Asbestos Trades – $7.5 Million Mesothelioma Lawsuit
$7.5 Million Awarded in Asbestos Lawsuit Settlement
Thursday, January 15th, 2009
A former marine machinist, Robert "Bobby" Hilt ofVallejo,California, won $7.5 million in a mesothelioma lawsuit, which is one of the highest settlements for a patient as old as the 64-year-old Hilt inCalifornia courts' history.
Bobby Hilt was diagnosed with mesothelioma earlier in 2008, nearly a year from his trial.
Mesothelioma is an almost always fatal cancer of the tissues lining the lungs. Currently there is no effective treatment for the disease, which is almost always caused by exposure to asbestos. In most cases, mesothelioma does not develop until decades after exposure. Scientists are not sure why this is, but they do agree that asbestos exposure does lead to the cancer. Patients typically only survive for 12 to 18 months after their diagnosis of mesothelioma.
Hilt sued 11 defendants for causing his exposure to asbestos during his work as a machinist in the 1960s through the 1970s. He claimed that the defendants either made, supplied, or distributed the asbestos-containing materials around which he worked during his career.
Hilt's career involved a stint at the Bayshore plant for Schlage Lock Company from 1963 to 1965. After that time, he moved to work at the Hunter's Point Naval Shipyard until 1972. During the early part of the 1970s, Hilt worked as a machinist in the nuclear reactor compartments of the Sturgeon submarines at the Mare Island Naval Shipyard. It was during this decade of working at these places that Hilt feels he inhaled asbestos fibers that led to his mesothelioma. Since after his time at the shipyards, he went to work at the U.S. Mint inSan Francisco from 1972 until he retired in 2004.
The trial began early in November 2008, but two weeks into the proceedings, there were no longer any defendants still in court as the last of the eleven had chosen to settle out of court. Hilt and his wife declined to make a statement on the settlement.
Compensatory Damages – Asbestos Legal–Mesothelioma Second Hand Exposure Lawsuit
Ohio nurse contracts Mesothelioma through second-hand exposure, suit claims
9/19/2008 6:27 AM By KellyHolleran
AnOhio woman recentlydiagnosed with Mesothelioma filed an asbestos suit against 13 defendant corporations claiming the disease was wrongfully caused.
Kathy Castle claims she was diagnosed with the disease May 19, according to a lawsuit filed Sept. 15 in Madison County Circuit Court.
Castle says she worked from 1970 until 2008 as a nurse's aide, home nurse, secretary, clerical worker and clerk at various locations, according to the lawsuit.
She claims she contractedMesothelioma through second-hand exposure toasbestos fibers her family members would carry home on their clothes.
Kim Fleming, one family member, worked from 1977 until 1981 as a construction worker and mason assistant at various locations, according to the complaint.
Another family member, Donald Young, worked from 1972 until 1977 as plastic manufacturingplant worker at various locations, the suit states.
Castle states her exposure was foreseeable and should have been anticipated by the defendants, according to the lawsuit.
She claims her disease was caused after she was exposed to and inhaled, ingested or otherwise absorbed asbestos fibers.
Castle alleges theasbestos-related disease has disabled and disfigured her and has and will continue to compel her to expend and become liable for large sums of money for hospital, medical, and other health and services necessary for the treatment of the disease. Castle also has and will continue to experience great physical pain and mental anguish as a result of the disease, he claims in the lawsuit.
Mesothelioma hindered and prevented Castle from pursuing his normal course of employment, according to the suit.
As a result, she lost large sums of money, she claims.
In the two-count lawsuit, Castle seeks sums in excess of$50,000 and compensatory damages in excess of $50,000.
She also seeks punitive damages in an amount sufficient to punish the defendants for their misconduct and to deter similarly situated parties from committing like acts of misconduct in the future.
She is represented by Robert Phillips and Perry J. Browder ofSimmonscooper LLC inEast Alton.
Texas – Asbestos Legal - $11 Million Mesothelioma Verdict
Texas Mesothelioma Asbestos Lawsuit Results in $11M Verdict
AboutLawsuits.com | April 2nd, 2010 at 9:31 am
A Texas painter has been awarded $11 million in amesothelioma asbestos lawsuit against Bondex, Union Carbide and other manufacturers whose parts allegedly contained cancer-causing asbestos.
A jury in Dallas handed down the verdict on March 30 in favor of Vernon Walker and his wife, Patsy Walker. According to a press release issued by attorneys representing the couple, Walker was diagnosedwith mesothelioma cancer after working as a career painter in the construction industry.
Walker worked as a union painter onskyscrapers and other construction projects. The defendants in theasbestos exposure lawsuit said that the types of asbestos Walker had been exposed to, including chrysotile and calidria, do not cause asbestos-related cancer.
The $11 million verdict apportioned 40% of the liability for Walker’s cancer to Union Carbide, and the rest of the blame was divided among defendants that included product manufacturers Bondex, Kelly Moore and Georgia Pacific. However, all of the defendants except Bondex settled out of court before a verdict was reached.
Mesothelioma is a rare and fatal form of cancer that is found in the lining of the chest and lungs. The only known cause of mesothelioma is asbestos exposure, and it is often not diagnosed until decades after exposure. As a result of the long latency period, the cancer is very advanced when it is diagnosed and life expectancy with the disease is limited.
Asbestos was widely used in a variety of manufacturing and construction applications throughout the last century, with use peaking in 1973. Most uses of asbestos were banned in the mid-1980s. Despite the ban, the U.S.Centers for Disease Control and Prevention says that the number of mesothelioma deaths continues to rise each year due to the latency period, with the number expected to peak in 2010.
Asbestos mesothelioma lawsuits are the longest running mass tort in U.S. history, with the first asbestos exposure case filed in 1929. Over 600,000 people have filed lawsuits against 6,000 defendants after being diagnosed with mesothelioma, asbestosis or other asbestos-related diseases.
Mesothelioma Lawsuit – Second-Hand Exposure from Father’s Work Clothes
Tennessee Supreme Court rules employer owes duty of care to employee's daughter
Date: Monday, September 22 2008
An employer owes a duty to those who regularly come into close contact with the asbestos-contaminated clothes of their employees, theTennessee Supreme Court has ruled. A 25-year-old woman who contractedmesothelioma filed a negligence suit against Alcoa, alleging that it negligently permitted her father - who was an employee - to wear hisasbestos-contaminated clothes home from work, thereby regularly and repeatedly exposing her to asbestos fibers over an extended period of time.
Alcoa allegedly was aware of the presence of significant quantities of asbestos fibers on its employees' work clothes. It was also aware of the dangers posed by even small quantities of asbestos and that asbestos fibers were being transmitted by its employees. But the company nevertheless allegedly failed to take any measures to protect its employees or others they came in contact with.
The daughter was born prematurely and had to stay in the hospital for three months. Her father visited every day, wearing his asbestos-contaminated work clothes, so from the day of her birth she wasexposed to the asbestos fibers on herfather's work clothes.
Texas - Mesothelioma Lawsuit
Texas Mesothelioma Asbestos Lawsuit Results in $11M Verdict
AboutLawsuits.com | April 2nd, 2010 at 9:31 am
ATexas painter has been awarded $11 million in amesothelioma asbestos lawsuit againstBondex, Union Carbide and other manufacturers whose parts allegedly contained cancer-causing asbestos.
A jury inDallas handed down the verdict on March 30 in favor of Vernon Walker and his wife, Patsy Walker. According to a press release issued by attorneys representing the couple,Walker was diagnosedwithmesothelioma cancer after working as a career painter in the construction industry.
Walker worked as a union painter on skyscrapers and other construction projects. The defendants in theasbestos exposure lawsuit said that the types of asbestosWalker had been exposed to, includingchrysotile andcalidria, do not cause asbestos-related cancer.
The $11 million verdict apportioned 40% of the liability forWalker’s cancer to Union Carbide, and the rest of the blame was divided among defendants that included product manufacturersBondex, Kelly Moore and Georgia Pacific. However, all of the defendants exceptBondex settled out of court before a verdictwas reached.
Mesothelioma is a rare and fatal form of cancer that is found in the lining of the chest and lungs. The only known cause ofmesothelioma is asbestos exposure, and it is often not diagnosed until decades after exposure. As a result of the long latency period, the cancer is very advanced when it is diagnosed and life expectancy with the disease is limited.
Asbestos was widely used in a variety of manufacturing and construction applications throughout the last century, with use peaking in 1973. Most uses of asbestos were banned in the mid-1980s. Despite the ban, the U.S.Centers for Disease Control and Prevention says that the number ofmesothelioma deaths continues to rise each year due to the latency period, with the number expected to peak in 2010.
Asbestosmesothelioma lawsuits are the longest running mass tort inU.S. history, with the first asbestos exposure case filed in 1929. Over 600,000 people have filed lawsuits against 6,000 defendants after being diagnosed withmesothelioma, asbestosis or other asbestos-related diseases.