Articles Tagged with mesothelioma lawsuit

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A defense verdict in a recent mesothelioma lawsuit in Arizona resulted from a claim alleging illness caused by asbestos in cement pipes.mesothelioma law firm

Cement piping produced in the U.S. and Canada for several decades beginning in the 1930s often contained a mixture of cement and asbestos fibers. The pipes were durable and corrosion-resistant. But of course, asbestos is extremely toxic. Standards for asbestos cement piping in municipal water systems wasn’t enacted until 1953 by the American Water Works Association. Many of these older pipes, which have a stated shelf life of 70 years, are still being used in cities throughout America, even for delivery of drinking water. Many are slated for replacement, and the potential for new exposure of workers during the pipe breakdown and removal process. That’s because while the pipes may not be corroded to the point they pose a danger to our drinking systems (though this may depend on local environmental issues), the fibers are extremely hazardous during breakdown because the fibers have the potential to become airborne.

In the recent Arizona case, Herrera v. CertainTeed Corp., original plaintiff had worked as a pipefitter. His family filed a wrongful death lawsuit against the building materials company after he developed cancer following years of inhaling dust kicked up by his work sawing asbestos cement pipes.

Jurors rejected plaintiffs’ allegations that the materials supplier was aware (or should have known) their cement pipes containing asbestos posed a health risk to workers, but failed to adequately warn them. The family had been asking jurors for $5 million in compensatory damages and unspecified punitive damages, according to CVN.  Continue reading

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A new round of mesothelioma lawsuits in Massachusetts and surrounding states against fertilizer manufacturers may have gained new traction with a recent decision by the Superior Court of New Jersey Appellate Division reviving an asbestos wrongful death lawsuit. asbestos injury lawyer

In Brandecker v. E.B. Mill Supply Co. et al, plaintiff filed on behalf of the victim, a former cabinet maker from New Jersey who reportedly used two bags of defendant fertilizer company’s spreader fertilizer twice annually on his personal lawn in New Jersey. He did so from 1967 to 1980. In the lawsuit, filed in 2012, he alleged this exposure contributed to his development of mesothelioma, a latent but deadly cancer caused by exposure to airborne asbestos fibers. He asserted the Turf Builder product manufactured by defendants contained vermiculite ore, a substance that contained asbestos.

He had also alleged his exposure to the fibers in other settings – primarily at work – also contributed to his developing the terminal disease. He entered into confidential settlement agreements with other defendants, but the claim against the fertilizer company was still pending in 2014 when the trial court granted defense motion for summary judgment. (Plaintiff died in 2012 from mesothelioma; his estate representative carried on as plaintiff, adding the wrongful death claim.)

Now, that summary judgment has been reversed, meaning the wrongful death claim can continue.  Continue reading

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BorgWarner Inc., a Michigan-based company that supplies turborcharger and emissions systems to the auto industry, recently reported a one-time charge of $411 million, which it is setting aside for future asbestos exposure liability claims. gear

That’s according to Crain’s Detroit Business, which reports the charge resulted in a net loss in the company’s fourth quarter of $293 million.

Now of course, this might sound like a lot, but consider that the company’s revenue during that quarter rose by more than 6 percent to $2.3 billion, from $2.1 billion just a year earlier. A big part of that was owing to a 20 percent increase in drivetrain division sales. Net revenue for the year is up to $9.1 billion. When you consider this, that $411 million seems far less substantial, especially when noting how many thousands of asbestos injury claims are likely to arise in the coming years. The supplier figured the $411 million by calculating its estimated costs for indemnity and defense of pending and future asbestos-related claims, which could stretch into the next five decades.  Continue reading

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The New Jersey Supreme Court has expanded an earlier decision pertaining to “take-home toxic tort liability,” which is the assertion that companies can be responsible when their workers exposed to potentially harmful materials and take those materials home to their spouses. jeans

Now, in Schwartz v. Accuratus Corporation, justices ruled that potential liability can extend not just to the workers’ spouse, but also to roommates and unmarried romantic partners.

The ruling was issued at the behest of a federal court which is handling a case in which a woman in Pennsylvania filed a lawsuit against a ceramics company where her husband and roommate were once employed. Plaintiff alleges she suffered severe illness in the form of chronic beryllium disease. It’s a condition that affects the lungs, and similar to mesothelioma, it’s caused by breathing in tiny toxic fibers and particles that are routinely found in industrial factories and other facilities.  Continue reading

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According to a recent news feature from New Hampshire Public Radio, state and federal investigators were given a tip from a confidential informant regarding large piles of debris containing asbestos dumped outside a building in Lawrence, Massachusetts. The building is owned by one of the largest real estate developers in the state of New Hampshire.

whistle-1505616-300x225These regulators included personnel from the Massachusetts Department of Environmental Protection (MassDep), who were told the material was from construction or demolition projects in New Hampshire that was illegally transported across the border into the Commonwealth. This real estate developer is now believed to be the target of a criminal investigation, though reporters were told, “No comment,” by MassDep when they asked for confirmation of an ongoing probe. Continue reading

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In January, an appeals court in California upheld the award of $1.6 million in compensatory damages and nearly $4 million in punitive damages in an asbestos injury lawsuit. courthouse

That decision came following an appeal by defendants in Casey v. Kaiser Gypsum Company, Inc. following two jury trials – the first that determined liability and compensatory damages and a second limited re-trial that solely weighed the issue of punitive damages after the first could not reach a consensus.

Defendant had argued on appeal to the three-judge panel of the First Appellate District, Division Four that it was improper for the judge to hold a retrial just on the issue of punitive damages. Meanwhile, plaintiff had cross-appealed the fact that the trial court had reduced the punitive damage award from $20 million to just under $4 million.  Continue reading

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An asbestos tort reform bill has gained traction in Congress with approval from the majority in the U.S. House of Representatives. Luckily for those afflicted with mesothelioma and other asbestos-related diseases, it’s unlikely to gain enough traction to become law.senate

Although the measure has a name that implies “fairness,” it is in actuality anything but fair for victims. The Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016 was given the green light largely along partisan lines in January. The measure would prohibit class action litigation unless every single member of the class suffered exactly the same injury as the named plaintiff.

Additionally – and pertinent to mesothelioma victims – is that any damage settlement from an asbestos bankruptcy trust (funds set aside by companies bankrupted by asbestos litigation) would need to be made public. Continue reading

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