Monday, November 5, 2007

Mesothelioma Verdicts and Settlements

Below are samples of some of our mesothelioma trial court cases and settlements. For details about our complete court record and our law practice, please feel free to contact us.
Todak v. Foster Wheeler L.L.C., 2002, San Francisco Superior Court, Case No. 320621 (Pleural Mesothelioma)

A San Francisco jury returned the largest asbestos verdict in California, $33.7 million, in favor of a Navy electrician and his wife. The electrician had developed mesothelioma from his occupational exposure to asbestos. He was awarded $22.7 million in economic and non–economic damages. His wife was awarded $11 million for loss of consortium. The defendant, Foster Wheeler Corporation, designed, manufactured and supplied marine boilers with asbestos–containing components including refractory block insulation, roving material, and gaskets.
Garcia v. Duro Dyne Corporation, 2005, San Francisco Superior Court, Case No. 418098 (Peritoneal Mesothelioma)

A jury awarded over $1.9 million to a 71–year–old retired sheet metal worker who developed peritoneal mesothelioma from his prior on–the–job exposure to asbestos. Peritoneal mesothelioma is an aggressive form of cancer that first attacks the membranes lining the stomach.

The defendant, Duro Dyne Corporation, is a former manufacturer and distributor of asbestos–containing flex HVAC duct connectors and duct sealer used for sheet metal duct connections. Mr. Garcia worked with Duro Dyne Corporation’s asbestos–containing sheet metal products throughout his 48–year career.
Cadlo v. John Crane Inc. and Metalclad Insulation Corp., 2005, San Francisco Superior Court, Case No. 412325 (Pleural Mesothelioma)

A 60–year–old Navy machinist and engineering officer was exposed to asbestos in products made by the defendants, John Crane, Inc. and Metalclad Insulation Corp., and developed pleural mesothelioma. The jury returned a verdict of over $8.6 million in his favor. During his naval career, Mr. Cadlo removed and installed pump and valve packing and gaskets, all of which contained asbestos. He was also routinely exposed to high levels of airborne asbestos from thermal insulation, packing, and gaskets in the engine rooms of ships.
Hoeffer v. Rockwell Automation, 2003, San Francisco Superior Court, Case No. 28817 (Pleural Mesothelioma)

A San Francisco jury awarded $2,999,543 to a 74–year–old retired electrician who was terminally ill with pleural mesothelioma caused by occupational asbestos exposure. He had worked with asbestos–containing phenolic plastic compounds and asbestos–containing parts on electrical equipment.

The defendant, Rockwell Automation, was held liable for the defective products and negligence of its Allen Bradley division and a former division, Rostone Corporation. Rostone Corporation developed, manufactured and sold asbestos–containing phenolic plastic compounds and molded asbestos–containing parts for many of the major electrical equipment manufacturers. Allen Bradley also manufactured and sold asbestos–containing electrical equipment.
Vasen v. Exxon Mobil Corporation, 2001, San Francisco Superior Court, Case No. 312211 (Pleural Mesothelioma)

An insulator contracted mesothelioma from work around boilers at a refinery located in Benicia, California. A jury returned a verdict of $8 million in his favor and against the defendant, Exxon Mobil Corporation, the owner and operator of the oil refinery.
Clemmer v. John Crane, Inc. and Thorpe Insulation Company, 2006, San Francisco Superior Court, Case No. 434434 (Pleural Mesothelioma)

A jury returned a verdict in favor of a retired machinist and his wife in their products liability and negligence trial against John Crane, Inc., a former manufacturer of asbestos–containing valve and pump packing, and Thorpe Insulation Company, a former supplier and distributor of asbestos thermal insulation. The defendants were negligent and failed to warn about defects in their products, which were defectively designed, according to the jury. It assessed over $550,000 in economic damages, $1.1 million in non–economic damages and $250,000 for loss of consortium.
Nagl v. Dowman Products Inc., 2004, Oregon Circuit Court, Multnomah County, Case No. 02–04–04227 (Pleural Mesothelioma)

An Oregon jury determined that a floor installer suffering from the cancer mesothelioma was entitled to over $659,000 due to his on–the–job exposure to asbestos. The plaintiff was first diagnosed with asbestos pleural disease, and then with malignant mesothelioma. He died from mesothelioma five months after the trial ended.

Mr. Nagl installed new floors in hundreds of homes in Northern Oregon. He used various hazardous asbestos–containing products, including vinyl asbestos floor tile, sheet flooring products, floor leveling compounds, and joint compounds. Dowman Fix–All patching compound, manufactured by the defendant, Dowman Products Inc., was one of these products.
Efstratios v. John Crane, Inc., 2001, Los Angeles Superior Court, Case No. BC226519 (Pleural Mesothelioma)

A steamfitter diagnosed with mesothelioma was awarded over $4.4 million in damages. The defendant, John Crane, Inc., manufactured asbestos pump and valve packing and gaskets that the steamfitter used at a power plant during the 1950s and 1960s.
Traverso, et al. v. Lorillard Tobacco Company, 2000, San Francisco Superior Court, Case No. 990560 (Peritoneal Mesothelioma)

A jury awarded over $1 million to two children of a woman who died from abdominal mesothelioma caused by her exposure to asbestos when she smoked Kent Micronite asbestos–filtered cigarettes from 1953–1956. The defendant, Lorillard Tobacco Company, manufactured the cigarettes during this period.
Chavers v. Owens–Illinois, Inc.; Gatke Corporation, 2000, San Francisco Superior Court, Case No. 320851 (Pleural Mesothelioma)

A San Francisco jury awarded over $4.6 million to a former Navy seaman afflicted with malignant mesothelioma caused by his occupational exposure to asbestos. The defendants were Owens–Illinois, Inc. and Gatke Corporation, former manufacturers of asbestos–containing insulation and friction products.

The jury found Owens–Illinois guilty of negligence, products liability and fraud. It also concluded that Owens–Illinois was involved in a conspiracy dating to the 1930s whereby many manufacturers of asbestos products concealed facts regarding the dangers of their products and misrepresented the true nature of the hazards the products posed to unsuspecting workers.
Armstrong v. Asbestos Defendants, 1998, San Francisco Superior Court, Case No. 985289 (Pleural Mesothelioma)

An insulator who worked in refineries, power plants and shipyards during the 1960s and 1970s developed pleural mesothelioma from his exposure to the defendants’ asbestos–containing products. Raymark Industries, Inc. made asbestos cloth products. Another defendant, Pittsburgh Corning Corporation, made asbestos pipe covering products.

The jury returned a verdict of close to $4.5 million in favor of the insulator. It included $96,500 for medical expenses; $857,546 lost earnings; and $3,500,000 for pain and suffering.
Wilson v. John Crane Co., 1998, San Francisco Superior Court, Case No. 991085 and 312045 (Pleural Mesothelioma)

A San Francisco jury awarded Mr. and Mrs. Wilson over $4.5 million in damages in their personal injury and products liability case. Mr. Wilson had developed pleural mesothelioma as the result of his exposure to asbestos during his work as a machinist. The defendant, John Crane, Inc., manufactured and supplied asbestos products, including packing and gaskets, which Mr. Wilson used throughout most of his career at Southwestern power plants.

The jury awarded Mr. Wilson $591,091.51 in economic damages and $3 million in non–economic damages, including pain and suffering. His wife was awarded $1 million for her loss of consortium claim.
Petrini v. Mohasco Corporation, 1998, San Francisco Superior Court, Case No. 961525 (Pleural Mesothelioma)

A floor mechanic died of pleural mesothelioma that he developed from being exposed to asbestos at job sites. His widow suffered a loss of financial support as well as the love, companionship and moral support of her husband as a result of his premature death, according to the jury. It returned a verdict of $995,432.15 in her favor. The defendant was Mohasco Corporation (formerly William J. Volker Company), a distributor of asbestos–containing floor tile and sheet vinyl products.
Wiggins, et al. v. Owens–Corning Fiberglas, et al., 1996, San Francisco Superior Court, Case No. 954274 (Pleural Mesothelioma)

The wife and children of a man who died of pleural mesothelioma were awarded over $3.8 million in damages by a San Francisco jury. The mesothelioma victim, Mr. Wiggins, died at the age of 54. He had been exposed to asbestos while working as a boilerman and serving in the Navy for 30 months in 1957 to 1960. Asbestos dust was a serious problem during the overhaul of the ship on which he served in 1958. The defendant, Owens–Corning Fiberglas, manufactured and sold much of the asbestos pipe insulation that was used on board the ship during its overhaul.
Mitchell v. Asbestos Corporation Limited, et al., 1996, San Francisco Superior Court, Case Nos. 955576 and 975884 (Pleural Mesothelioma)

A jury awarded $953,112.00 to Mr. Mitchell, who suffered from pleural mesothelioma. He had worked at Moore Dry Dock, a San Francisco shipyard, where he was first exposed to asbestos as a welder. He was also exposed to asbestos while a merchant marine in the 1940s. Defendant Asbestos Corporation Limited, a Canadian mining company located in the town of Asbestos, Canada, sold asbestos fibers to the makers of asbestos insulation used at the Moore Dry Dock. The company’s fiber was also used in the various ships on which Mr. Mitchell served as a merchant marine.
Suprenant v. 20th Century Fox Corporation, et al., 2005, Los Angeles Superior Court, Case No. BC 271320 (Pleural Mesothelioma)

Ms. Suprenant died from pleural mesothelioma, which she developed from exposure to asbestos brought home on her husband’s clothing. She did his laundry during the years he worked as a plasterer for the studios and was exposed to asbestos. The case was settled for an amount in excess of $2.5 million.
Holland v. U.S. Mineral; Douglas Insulation Co., 1999, San Francisco Superior Court, Case Nos. 993822 and 311885 (Pleural Mesothelioma)

Ms. Holland had worked as a teacher in schools that were contaminated with asbestos, and may also have been exposed to asbestos in her home and from asbestos dust brought home on her father’s clothes. She contracted mesothelioma through direct and indirect exposure to asbestos–containing plasters, drywall compounds, tiles, insulation cements, textiles, pipe covering and fireproofing. The case was settled after opening trial statements for an amount in excess of $1 million.
Hopkins v. Union Carbide Corp., et al., 2003, San Francisco Superior Court, Case Nos. 408556, 446752, and 505544 (Pleural Mesothelioma)

Mr. Hopkins was a carpenter who worked on new construction and developed pleural mesothelioma. He cleaned up dust, debris and packaging materials from various building products. These included floor tile, mastic, adhesives, sheetrock, joint compound, lath, plaster, stucco, ceiling tile, roofing materials, insulation, cements, gaskets, valve packing, asbestos cement pipe, asbestos cement board, and raw asbestos fiber. A settlement of over $5.5 million was reached at the conclusion of plaintiff’s case in chief.
Green v. Union Carbide Corp., et al., 2003, San Francisco Superior Court, Case No. 405718 (Pleural Mesothelioma)

Mr. Green held jobs as a laborer and carpenter. He was also a seaman in the Navy where he worked around insulators, boilermakers, and welders. Mr. Green may have been exposed to asbestos in insulation, raw fiber, cloth, tape, pipe coverings, cement, lagging, gaskets, and valve packing. He developed pleural mesothelioma. A settlement of over $1.6 million was reached during the case in chief.
Ransdell v. Sequoia Ventures, et al., 2003, San Francisco Superior Court, Case No. 417266 (Pleural Mesothelioma)

A pipefitter for most of his life, Mr. Ransdell developed pleural mesothelioma from his on–the–job exposure to asbestos. The case was settled during jury selection for an amount in excess of $2.5 million.
Ketchum v. Union Carbide Corporation, 2004, San Francisco Superior Court, Case No. 412550 (Pleural Mesothelioma)

An electrician while in the Navy and after he left the service, Mr. Ketchum worked with wire and electrical components. He developed pleural mesothelioma. The case was settled during jury selection for an amount in excess of $3.6 million.
Scandlyn v. Metalclad Insulation Corporation, et al., 2005, San Francisco Superior Court, Case No. 431122 (Pleural Mesothelioma)

As a nuclear refueling inspector/supervisor and receipt supervisor for the nuclear department at MINSY in the 1960s and 1970s, Mr. Scandlyn worked on all the nuclear submarines that came into Mare Island, CA, including USS Guitarro, USS Pintado, USS Hawkbill and USS Drum during new construction, refueling, and other occasions. The final defendant, Metalclad Insulation, supplied the amosite asbestos thermal insulation (Unibestos) that was used on those four submarines. Mr. Scandlyn developed pleural mesothelioma. The case was settled during pretrial motions for an amount in excess of $2 million.
Fisher v. D.B. Riley, et al., 2005, San Francisco Superior Court, Case No. 435202 (Pleural Mesothelioma)

Mr. Fisher was a plant operator at various power stations for Nevada Power, Las Vegas, from 1957 through 1964. He supervised shutdowns on the power plants, including the repair and maintenance of asbestos–containing boilers manufactured by the final defendant, D.B. Riley. The case was settled for an amount in excess of $2 million.

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