“Reckless Disregard” Leads to $7.5 Million Punitive Damages Mesothelioma Award
A year after Nicholas Barone died of malignant mesothelioma, his widow, Kathryn, filed a lawsuit against talc supplier Vanderbilt Minerals LLC, arguing that his illness was caused by exposure to the talc mined by the company. In finding the company guilty of negligence, the jury found the company liable for $15 million in damages and also ordered that punitive damages be assigned. On reviewing arguments from both sides as to whether punitive damages were appropriate and how much they should be, the Connecticut judge hearing the case ordered the company to pay the widow an additional $7.5 million.
Mesothelioma Widow Calls Company’s Actions Reprehensible
Mr. Barone’s mesothelioma was blamed on the asbestos exposure he suffered while working at a General Electric plastics plant. The widow presented evidence during the jury trial that R. T. Vanderbilt’s predecessor, International Talc, had supplied the plant with asbestos-contaminated talc, that Vanderbilt had continued the product line after its purchase, and that the company had “concealed and ignored the presence of potent carcinogens in their products.” It was on the strength of this evidence that the jury unanimously decided that punitive damages should be awarded against the company.
In post-trial motions and briefs, Vanderbilt asked that the court deny the order for punitive damages, denying that the conduct that led to Mr. Barone’s death had been reckless. The widow asked the court to order the company to pay $30 million in punitive damages, in keeping with a 2:1 ratio of punitive to compensatory damages and pointing out that the amount would not lead to Vanderbilt’s financial ruin. After considering both arguments, the judge arrived at the $7.5 million damages amount.
Judge Notes Talc Company’s Intentional Conduct in Assigning Mesothelioma Punitive Damages
In his comments supporting the $7.5 million punitive damages award, Superior Court Judge William F. Clark noted that despite the jury’ already making its decision, Vanderbilt continued to try to litigate its own liability in Mr. Barone’s mesothelioma death. He also said that the evidence clearly demonstrated the company’s profit motive, its lobbying of government officials, and other strategies meant to avoid detection of the dangers of its products. Combining that with the suffering that Mr. Barone experienced and the company’s knowledge of the potential of such suffering all supported the jury’s decision.
FREE Financial Compensation Packet
- Info on law firms that will recover your HIGHEST COMPENSATION
- Learn how to get paid in 90 days
- File for your share of $30 billion in trust funds
