Asbestos lawsuits and claims related to mesothelioma and asbestosis continue to arise every day as more and more people get sick because they were exposed to asbestos at some point in their lives. Mesothelioma lawyers in Boston know that many plaintiffs face an uphill battle in obtaining full and fair compensation for serious illnesses caused by asbestos exposure, especially as many asbestos manufacturers have gone bankrupt or companies have gone out of business.
Still, plaintiffs continue to prevail in lawsuits and recover the funds they deserve. For example, several recent cases have brought good news for asbestos victims.
Recent Asbestos Cases Provide Compensation for Victims
One asbestos case decided this year was against Lorillard, the manufacturer of Kent brand cigarettes. The plaintiff suing Lorillard alleged that the cigarette company included asbestos filters in its cigarettes. The plaintiff smoked the cigarettes as a teenager during the 1950s and was thus exposed to asbestos fibers. Because of this exposure, he developed mesothelioma.
The case was unusual because asbestos findings against tobacco companies are not common. However, the jury determined that the tobacco company was 22 percent responsible for the health problems that its asbestos filter caused. The manufacturer of the filter, Hollingsworth & Vose, was also considered 22 percent at fault for the plaintiff’s development of mesothelioma. The remaining percentage of fault was attributed to other defendants. In total, the plaintiff was awarded $8 million in damages, and each defendant was responsible for paying its share.
This case wasn’t the only one with a positive outcome for plaintiffs this year either. The widow of a man who died as a result of asbestos exposure prevailed in an appeal challenging the verdict that awarded her $22.7 million in damages. The widow’s husband contracted mesothelioma as a result of exposure to products manufactured by John Crane, Inc. (JCI). The jury determined that John Crane was the company that was most responsible for her husband’s mesothelioma and thus was accountable for 70 percent of the damages that were incurred due to the death.
John Crane had argued that thermal insulation manufacturers and the Navy were at least partially to blame for the asbestos exposure that resulted in the fatal case of mesothelioma. However, the appeals court found that there was clear and convincing evidence to indicate that John Crane committed malice, and that the defendant did not meets its burden to prove its case against other parties it alleged were responsible for the exposure.
John Crane had a duty to provide timely warning of the dangers associated with its products, and its failure to do so was a direct cause of the damage incurred by the plaintiff due to the loss of her husband. This breached duty, coupled with the fact that it has been established asbestos gaskets cause mesothelioma, was enough to make the company responsible for the loss. The $22.7 million verdict, therefore, stands and the plaintiff should be compensated for the damage the asbestos did.
If you or a loved one is diagnosed with mesothelioma in Boston, call for a free and confidential appointment at (617) 777-7777.
More Blog Entries:
9/11 Mesothelioma Victims Finally Get Funded Treatment, Boston Mesothelioma Lawyer, October 15, 2013