Mesothelioma Blog
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Legal Technicality Allows Mesothelioma Victim Choice of Legal Claim
When a person is diagnosed with malignant mesothelioma, one of the first decisions they make is whether to pursue legal action against those responsible. If their disease results from workplace exposure, they are generally unable to sue their employer because of workers’ compensation laws, so they turn instead to pursuing claims against the manufacturers and …Read More
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Washington Court of Appeals Upholds $17 Million Mesothelioma Judgment
In 2021, The widow of Kevan Holdsworth was awarded nearly $17 million by the Washington state jury hearing her mesothelioma claim. Sherrie Holdsworth and her late husband had sued Scapa Waycross, manufacturers of asbestos-contaminated dryer felts used by the paper mill where he’d worked for almost forty years. Throughout the trial, the asbestos company argued …Read More
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Navy Veteran with Mesothelioma Blames Shipboard Parts for Illness
Michael and Victoria Marcus filed a mesothelioma lawsuit against multiple asbestos companies, accusing them of negligence in having supplied equipment to the Navy that exposed him to the asbestos that caused his fatal illness. Like many veterans, Mr. Marcus was exposed to so many asbestos-containing products that when asked to quantify them, he said that …Read More
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Talc Manufacturer Suffers Another Monetary Blow As Mesothelioma Verdicts Pile Up
According to evidence presented in multiple mesothelioma lawsuits, company management at talc supplier Whittaker Clark & Daniels was aware that its talc was contaminated with asbestos but continued supplying their product to consumer companies without warnings. With exposure to the mineral causing incalculable harm to an unknown number of individuals, the company has been named …Read More
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New Law Helps Illinois Mesothelioma Victims’ Survivors
Punitive damages are frequently assessed against companies judged liable for an individual’s mesothelioma. Different from economic or compensatory damages, punitive damages are specifically meant to punish those responsible for actions – or inactions – that are deemed to be malicious. Examples include situations where companies knew of asbestos’ dangers and have extended protections from it …Read More
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South Carolina Jury Orders Johnson & Johnson to Pay $63.4 Million to Mesothelioma Victim
While pursuing bankruptcy protection against ovarian cancer victims’ claims, consumer giant Johnson & Johnson has continued defending itself in court against similar claims from those diagnosed with malignant mesothelioma. That strategy has proven questionable, as a South Carolina jury recently found the company liable for a 53-year-old man’s diagnosis with the rare, terminal disease, awarding …Read More
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Family of Mechanic with Mesothelioma Wins Decision Against Ford Motor Company
Victor Michel’s family’s mesothelioma lawsuit against Ford Motor Company seemed fairly straightforward. The former mechanic had worked on Ford cars and trucks for years, fixing engines and brakes that the automotive giant had manufactured using asbestos-contaminated parts. After years of breathing in the toxic particles, Michel developed the peritoneal mesothelioma that ended up claiming his …Read More
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New York Plastics Plant Blamed for Workers’ and Residents’ Mesothelioma
The OxyChem chemical plant in Niagara Falls New York and its neighboring industrial plastics plant in North Tonawanda, New York are both the subject of renewed scrutiny after revelations of malignant mesothelioma and other asbestos-related diseases among the plants’ employees and neighbors. According to a ProPublica report published in October, the company’s extensive asbestos contamination …Read More
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Mesothelioma Lawsuit Seeks Compensation for Pep Boys’ “Despicable Conduct”
Though the average consumer associates Pep Boys with the smiling faces of Manny, Moe, and Jack, for the family of mesothelioma victim Renato C. Pizarro the company evokes significant pain and grief for which they are seeking compensation. The California judge hearing the case recently denied the company’s attempt to have the case against them …Read More
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Despite Oil Company’s Arguments. Lung Cancer Victim’s Lawsuit Will Proceed
A welder diagnosed with asbestos-related lung cancer has filed a lawsuit against multiple companies, asserting different causes of action against each: negligence claims against certain defendants, product liability claims against manufacturers, and premises liability claims against property owners. One defendant filed a petition for dismissal of the case against them, but the district court judge …Read More
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Appeals Court Defers to Jury’s 2.75 Million Dollar Mesothelioma Verdict
When a Louisiana jury ordered Union Carbide to pay $2.75 million each to the daughters of a mesothelioma victim, the company appealed the decision. They argued that the amount, in addition to the $4.85 million survival damage award, was arbitrary and represented an abuse of discretion from the court. After the company lost its appeal …Read More
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Controversial Decision in Mesothelioma Case Raises Concerns Among Advocates
In October of 2022, mesothelioma victim Randolph McCabe filed a negligence lawsuit against 3M, alleging that the company’s 8710 model respirator that he used as a warehouse employee was defective and allowed him to inhale the asbestos that caused his illness. In response, the company requested genetic testing of Mr. McCabe’s blood, and the judge …Read More
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University Accused of Negligence in Professor’s Mesothelioma Death
Traditionally, an employee who has been diagnosed with malignant mesothelioma following workplace exposure is not permitted to file a personal injury lawsuit against their employer. This is a result of laws around worker’s compensation, which provides no-fault insurance coverage to employees in exchange for them not being able to sue their employers. But a 2013 …Read More
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New Law to Benefit California Mesothelioma Victims
As things stand now (and have for years), family members of California malignant mesothelioma plaintiffs are not able to receive compensation for their loved ones’ pain and suffering if the victim dies prior to a jury hearing the case and making a decision at trial. But a new law inspired by an 82-year-old who succumbed …Read More
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Court Rules that When Testimony Conflicts, Mesothelioma Victim’s Words Prevail
When a mesothelioma victim files a lawsuit seeking compensation, there is no question about their diagnosis or the eventual outcome. But beyond the fact of their illness, there are plenty of conflicting opinions and assertions on how they were exposed and who is at fault. In a recent case, a New York judge made clear …Read More
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Flooring Installer’s Mesothelioma Death Blamed on Goodyear Asbestos Tiles
Many mesothelioma victims have blamed their illness on asbestos hidden in vinyl tiles manufactured by The Goodyear Tire & Rubber Company, and when Peter Komiak was diagnosed with the rare and fatal disease, he filed a lawsuit against the manufacturer seeking compensation for his damages. The company filed to have the case dismissed based on …Read More
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Citing Lung Cancer Victim’s Extensive Testimony, Judge Denies Motion to Dismiss Lawsuit
Christopher Yohe was diagnosed with asbestos-related lung cancer at the age of 64. He and his wife filed personal injury lawsuits against many of the companies whose asbestos-contaminated products he was exposed to during his years working as a plumber. Though water heater manufacturer Bradford White asked the court to dismiss them from the suit, …Read More
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Lung Cancer Victim’s Family Prevails Against Airplane Parts Manufacturer
Malignant mesothelioma and asbestos-related lung cancer have claimed countless lives in the United States, with most victims’ deaths blamed on occupational exposure to asbestos. Following the 2021 death of their family member, Gustave Sahm’s survivors filed suit against the companies they blamed for his illness and death, including the manufacturer of parts for the airplanes …Read More
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‘Euphoria’ Star’s Family Files Mesothelioma Claim Against Johnson & Johnson
Last May, the father of ‘Euphoria’ star Angus Cloud died of malignant mesothelioma after years of using Johnson & Johnson’s Baby Powder. Last October, the victim’s family, still reeling from the loss of their patriarch and the accidental overdose days later of the 25-year-old actor, filed a wrongful death lawsuit against the company that manufactured …Read More
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Judge Denies Asbestos Company’s Bid to Quash Mesothelioma Claim
Before being diagnosed with malignant mesothelioma, William Theophil spent decades working in New York. He worked a variety of jobs, including during the late 1960s when he worked at the 59th Street Powerhouse. His main responsibilities there included scraping gaskets, cleaning pumps, and re-piping pumps. When he got his fatal diagnosis, he filed suit against …Read More