Blog sobre mesotelioma
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Mesothelioma Trial Sees Shipyard Face-Off Against Physician Testimony
Frank P. Ragusa spent over forty years working as a crane operator at the Avondale Shipyards, and as a result of asbestos exposure at his work site he was diagnosed with malignant mesothelioma in 2021. The site’s owners are frequently named in victims’ personal injury lawsuits, and Mr. Ragusa included them in his own quest …Leer más
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Judge Permits Expert Testimony in Mesothelioma Wrongful Death Claim
Malignant mesothelioma is a rare form of cancer caused by exposure to asbestos. Victims and their survivors frequently file personal injury lawsuits against the companies they hold responsible for the exposure, and their claims are supported in court by a wide range of evidence. Testimony from expert witnesses, who offer opinions based on scientific, technical …Leer más
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Mesothelioma Victim Prevails Against Metalclad
In 2021, a California jury awarded mesothelioma victim Ronald Wilgenbusch and his wife Judith $2.5 million in economic and non-economic damages to be paid by Metalclad and several other companies. When the liability assignments were reapportioned after the trial, Metalclad was made responsible for almost half of the payment. Though the company appealed this decision, …Leer más
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Connecticut Jury Awards $20 Million to Mesothelioma Victim, Punitive Damages Still Being Considered
John Peckham was exposed to asbestos for just four months, but that was enough time for the mineral to do its damage and lead to the malignant mesothelioma that claimed his life. When he died eleven months after his diagnosis, his widow filed a lawsuit against the two companies she blamed for his exposure. After …Leer más
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Despite Asbestos Company’s Objection, $10.4 Million Mesothelioma Award is Upheld
Is $10.4 million in damages unreasonable when it’s paid to two daughters who’ve lost their father to malignant mesothelioma? That’s the question that a Louisiana appeals court had to decide recently. A jury hearing a claim against Union Carbide Corporation awarded David Strauder Jr.’s daughters $4.85 million in survival damages, judicial interest dating back to …Leer más
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3M, Dow, GE, and MetLife Face Claims from Two North Carolina Mesothelioma Victims
Some of the world’s biggest and best-known companies are facing litigation from two separate North Carolina families affected by malignant mesothelioma. August Adams and his wife Diane have asked the court to let them consolidate their claim with a claim filed by the widow of Clarence Greene in order to save time, money, and stress …Leer más
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Juries Must Decide Whether Boiler Manufacturer Deserves Punitive Damages in Mesothelioma Claims
A diagnosis with malignant mesothelioma represents the first in a series of unhappy discoveries. Victims are quickly told that their illness is both painful and fatal. They also learn that their condition could have been prevented had manufacturers of equipment they worked with or around provided warnings about or protections from the asbestos hidden within. …Leer más
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3M Required to Pay Mesothelioma Victim’s Court Fees
Mesothelioma lawsuits can take years to pursue, and often present a rollercoaster of wins, losses, and draws. While victims are simply seeking justice, asbestos companies do everything in their power to stall and stand in the way in order to keep from having to pay. In a recent example, the legal action that 3M Company’s …Leer más
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Talc Company to Pay $29 Million to 35-Year-Old Mesothelioma Victim
It took a South Carolina jury just four hours to agree that talc supplier Whittaker Clark & Daniels should pay a 35-year-old mesothelioma victim and her husband $29 million in damages. After four weeks of evidence of the company supplying asbestos-contaminated talc to Mary Kay cosmetics, the group was convinced of the company’s negligence, and …Leer más
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Court Revives Mesothelioma Claim Against Avon
When Alicia Ramirez and her husband Fermin first filed a mesothelioma lawsuit against Avon Products, the company successfully had the case against them dismissed. Rather than giving up, the couple doubled down and appealed the court’s decision. After close examination, the California Court of Appeal for the Second District reversed the lower court’s decision and …Leer más
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University of Pittsburgh’s Effort to Stop Engineer’s Mesothelioma Claim Fails
The quest for justice following a diagnosis of malignant mesothelioma is always a challenge, but this can be especially true when the entity blamed for asbestos exposure is an employer. Though these cases can be difficult due to Workers Compensation laws, a case heard recently by the Pennsylvania Commonwealth Court saw the family of an …Leer más
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Mesothelioma Victim Takes Action to Reverse Georgia Pacific Bankruptcy Move
In recent years, asbestos companies have added insult to injury by trying to evade mesothelioma victims’ personal injury claims through a complex bankruptcy maneuver known as a “Texas Two-Step.” After a recent attempt by Johnson & Johnson was rejected by the U.S. Third Circuit Court of Appeals, a man who blames Georgia-Pacific for his asbestos-related …Leer más
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Judge in New York Mesothelioma Case Clarifies Role of Punitive Damages
When a loved one dies of malignant mesothelioma, it is natural for those left behind to seek justice from those who exposed them to the asbestos that led to their disease. This is especially true if the entity at fault was aware of asbestos’ dangers, as happened in a case recently heard in New York: …Leer más
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Following $36.5 Million Verdict, Asbestos Victim Pursues Further Legal Action
Delaying legal proceedings is a strategy that’s frequently used by asbestos companies facing mesothelioma litigation. The tactic takes advantage of the physical, emotional, and financial toll that asbestos-related diseases take on victims, pushing them to accept settlements that are lower than what they would likely be awarded in court. Knowing this, an asbestos victim who …Leer más
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Mesothelioma Victim Points to Asbestos Exposure While Working as School Engineer
The Supreme Court of New York recently denied the arguments of an asbestos manufacturer that was attempting to evade responsibility for a man’s death from malignant mesothelioma. The court wrote that pump manufacturer Milton Roy was attempting “to circumvent the standards of summary judgment” by offering testimony from a person with no knowledge of the …Leer más
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Judge Cites Insufficiency of Porsche’s Argument in Allowing Asbestos Case to Proceed
Diseases like malignant mesothelioma and asbestosis are frequently the result of workplace exposure to asbestos. Following her husband’s death from asbestos-related lung cancer, Susan Carboni pursued legal action against the companies she blames for exposing him to asbestos-contaminated materials, including Porsche Cars, North America. Though the company argued that it should be dismissed from the …Leer más
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81-Year-Old Mesothelioma Victim Awarded $23 Million
James McWilliams has little doubt about how he came to have malignant pleural mesothelioma. After a lifetime of work as a steamfitter, he blames asbestos in Jenkins Bros. valves for his illness and sued the company for the damages that he suffered. Earlier this year a New York City jury awarded him $23 million in …Leer más
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Philadelphia Jury Awards Asbestos Victim $25 Million in Damages
Richard Daciw’s personal injury lawsuit originally listed over 50 different manufacturers, suppliers, and others that he accused of negligence in having exposed him to the deadly carcinogen asbestos. The mineral, which is the cause of malignant mesothelioma, can also lead to serious illnesses including lung cancer and asbestosis, with the latter being the illness that …Leer más
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Deficiencies in Mesothelioma Victim’s Testimony Not Enough to Have Case Dismissed
Facing a personal injury lawsuit filed by a Navy veteran diagnosed with malignant mesothelioma, pump manufacturer Armstrong Pumps attempted to have the case against them dismissed. Though the company argued that there were gaps in his testimony that warranted them evading judgment, the New York Supreme Court Appellate Division denied their motion and the case …Leer más
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Court Overturns Dismissal of Mesothelioma Widow’s Claim Against Dairy Farm
Four years after her husband’s death from malignant mesothelioma, Pamela Shellenberger won a significant jury against the dairy farm that she holds responsible for his illness and death. Though her original personal injury claim against Kreider Dairy Farms was dismissed by the Philadelphia Common Pleas court, she appealed that decision and the Superior Court of …Leer más