For purposes of this article, the mesothelioma victim in this case will be referred to as F.G.
In a recent court decision, a New York jury awarded an 86-year-old suffering from mesothelioma $22 million in damages. In the many years F.G. spent doing renovations, he never imagined that his work would lead to him being diagnosed with malignant mesothelioma. Sadly, his renovation work did lead to F.G. being diagnosed with this rare, aggressive type of cancer. Malignant mesothelioma is a cancer in the tissue covering most internal organs (mesothelium). Mesothelioma is rare in the United States of America, with about 3,000 new cases being diagnosed annually. This illness is divided into different types based on the part of the mesothelium that is affected. Unfortunately, there is still no cure for mesothelioma. However, there are several mesothelioma treatment options, including surgery, chemotherapy, radiation therapy, immunotherapy, and targeted therapy. When F.G. took his case to a New York jury and asked them to punish the companies responsible for his illness, the jury responded with a multi-million-dollar award.
F.G. worked as a New York City police officer. He was also a teacher. On top of this, the claimant ran a construction business from 1953 to 1973. It was between 1953 and 1973 that F.G. got exposed to asbestos, a material commonly used in construction products because of its properties. Tiny, microscopic fibers are released into the air when asbestos is disturbed. Inhaling these fibers can lead to serious health issues, including mesothelioma. According to F.G., several products were responsible for his asbestos exposure, including the Burnham boilers that other contractors were removing on sites he was working on. He accused Burnham LLC, the manufacturer of the boilers, of failing to exercise reasonable care and to warn workers like him about the dangers associated with their products despite knowing the risks posed by asbestos exposure.
After hearing the evidence presented by F.G., the jury agreed that the defendant had been negligent and held the company liable for F.G.'s illness. Specifically, the jury found that Burnham LLC failed to exercise reasonable care and warn about the dangers of its products. The jury awarded F.G. $12 million for the pain and suffering he had already endured and $10 million for the pain and suffering he was expected to endure in the future, totaling $22 million.
In their decision, the New York jury found that Burnham LLC was responsible for 25% of F.G.'s illness. The other defendants named in the lawsuit were apportioned 75% of the blame. However, since Burnham LLC showed “reckless disregard” for public safety, the company was required to pay the entire amount of the financial damages. The jury believed that Burnham LLC's failure to adequately warn about the dangers of its products constituted such recklessness.
For others who have suffered asbestos exposure and developed mesothelioma due to the negligence of product manufacturers, this case provides hope that justice can be achieved.
Arizona Mesothelioma Lawyers
If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced Arizona mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment and help you and your family live a more comfortable life.
