Blog sobre mesotelioma
-
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 …Leer más
-
Mesothelioma Victims Encouraged as Judge Rejects J&J Bankruptcy Again
Tens of thousands of mesothelioma and ovarian victims have been watching and waiting as a New Jersey bankruptcy judge considered a second bankruptcy filing from consumer giant Johnson & Johnson. The victims, who blame the company for negligently exposing them to asbestos-contaminated talc in their iconic baby powder product, learned late last summer that the …Leer más
-
New York Mesothelioma Claim to Include Punitive Damages
When a mesothelioma lawsuit seeks both compensatory damages and punitive damages, the plaintiff is asserting that the defendant’s actions went beyond negligence to the point of being malicious or egregious and that they demand separate, additional punishment. That is exactly what the family of the late Michael F. Brady is seeking and was granted by …Leer más
-
Mesothelioma Victim’s Family’s Appeal Leads to Earlier Ruling Being Overturned
Those pursuing justice for mesothelioma victims should be prepared for an emotional rollercoaster, as the legal process will present both wins and losses along the way. Though the family of Joan Smith was disappointed by a lower court decision in her second-hand asbestos exposure claim, the Court of Appeal of Florida recently reversed that decision, …Leer más
-
Mesothelioma Claim Points to New York Power Company’s Negligence
When Alvin Smith died of malignant mesothelioma, the former electrician’s family filed claims against numerous defendants that they blamed for exposing him to asbestos. Though many years have gone by, those claims are continuing to be heard. Most recently, the Long Island Power Authority argued against having to defend themselves because they said they were …Leer más
-
Strength of Mesothelioma Victim’s Testimony Defeats Asbestos Company’s Arguments
It has been well established that exposure to asbestos causes malignant mesothelioma, a rare and deadly form of cancer that often claims its victims’ lives within months of diagnosis. But despite this and strong evidence to the contrary, asbestos companies exert tremendous effort to argue against their role in mesothelioma victims’ illnesses. In a recent …Leer más
-
Advance Auto Parts Named in Mechanic’s Mesothelioma Claim
When Joseph Munna was diagnosed with malignant mesothelioma, the former auto mechanic filed suit against those companies he blamed for exposing him to asbestos. Included in that list was Advance Auto, which he blames for selling him parts that were contaminated with asbestos. Though the company asked for the case against them dismissed, a New …Leer más
-
Woman’s Mesothelioma Blamed on Asbestos in Bowling Accessory
A California court has denied a bowling accessory company’s attempt to evade responsibility for a woman’s mesothelioma. Though Master Industries Worldwide argued that they weren’t a legal entity in the years that Debra Manns had been exposed to asbestos in their product, the victim’s family pointed to the company’s advertising to convince the court otherwise. …Leer más
-
“Passion or Prejudice” Question Raised by Asbestos Company After $20 Million Mesothelioma Award
Patricia Casey was awarded $20 million in punitive damages following the mesothelioma death of her husband John. The significant award came after the initial jury hearing the case could not decide on appropriate compensation. The defendant, Kaiser Gypsum, filed an appeal of the decision, arguing that the large award was a result of either passion …Leer más
-
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, …Leer más
-
Asbestos Hidden in Printing Press Blamed for Man’s Malignant Mesothelioma
A jury will decide whether Jean Castagna’s death from malignant mesothelioma was caused by asbestos in the printing press that he worked with for years. Though the equipment manufacturer asked for the case against them to be dismissed, a New York judge ruled that there were too many questions of fact to be decided for …Leer más
-
Mesothelioma Death Leads to $107 Million Jury Award
After a two-phase trial, a twelve-person California jury awarded the family of a 46-year-old janitor who died of malignant pleural mesothelioma a remarkable $107 million in compensatory and punitive damages. The defendants in the case were Union Carbide Corporation, E.F. Brady Co., Inc., and Elementis Chemicals. On-the-Job Asbestos Exposure Blamed for Janitor’s Malignant Mesothelioma The …Leer más
-
Despite Caterpillar’s Objections, Court Allows $4.5 Million Mesothelioma Verdict to Stand
The family of Navy veteran Edwin Estenson was devastated by his mesothelioma diagnosis and death and was intent on getting justice from the companies that had exposed him to asbestos and caused him so much suffering. While every other company they filed suit against agreed to settle out of court, Caterpillar Inc. insisted on having …Leer más
-
After Losing Both Parents to Asbestos, Daughters Win Mesothelioma Lawsuit
Melissa Ann Bobo and Shannon Jean Cox lost their mother to malignant mesothelioma sixteen years to the day after their father died of a heart attack following years of battling asbestos-induced lung cancer. The women stepped in as plaintiffs in the personal injury claim their mother filed before her death and were awarded over $3 …Leer más
-
Jury Awards Mesothelioma Victim $32 Million
When William Tyler worked in an asbestos-contaminated foundry, he relied on his respirator to protect him from mesothelioma and other asbestos-related diseases. Unfortunately, the respirator did not do what it claimed that it would, and he and his wife filed a lawsuit against its manufacturer, who they accused of knowing of its inadequacy. After a …Leer más
-
Expert Witness Testimony Proves Invaluable to Mesothelioma Victim’s Case
It can be a challenge to prove a mesothelioma lawsuit. The asbestos exposure blamed for causing the deadly illness generally occurred decades earlier: memories fade, and physical proof is rarely available. Because of this, plaintiffs rely on testimony from expert witnesses, which often makes the difference. Navy Veteran Blames Malignant Pleural Mesothelioma on Shipboard Products …Leer más
-
Navy Veteran’s Widow Granted Right to Have her Mesothelioma Lawsuit Heard
Following the mesothelioma death of her Navy veteran husband, Linda Cook filed a negligence lawsuit that accused several companies of having negligently exposed him to asbestos. Despite three of those companies seeking summary judgment of the cases against them, a Massachusetts court determined that their arguments for dismissal fell short and that the claims against …Leer más
-
Judge Rejects Boiler Company’s Motion to Dismiss, Denies Request for Sanctions Against Victim’s Attorneys
It has been decades since asbestos’ role in malignant mesothelioma became public knowledge, but companies whose products contained the carcinogenic material had been aware of its dangers long before that. Their decision not to warn of its hazards or halt its use was based on profit, and so are the maneuvers they attempt to avoid …Leer más
-
Appeal in Mesothelioma Case Establishes New Standard of Liability
When Deborah Johnson’s husband Bruce died of malignant mesothelioma, the couple filed a personal injury lawsuit against The Edward Orton Jr. Ceramic Foundation. Their claim, which pointed to the packing material that the company’s products were packed in, was dismissed by a lower court, but a recent decision by the Seventh Circuit both reversed that …Leer más
-
Dismissal of Electrician’s Mesothelioma Claim Reversed After His Death
Though it was too late for the mesothelioma victim to see it happen, an appeals court reversed the dismissal of his negligence claim, allowing the man’s son to continue seeking justice on his father’s behalf. The case involved electrician Charles Curtis, whose death was blamed on asbestos exposure endured over the course of his career. …Leer más