A California appeals court recently upheld a substantial multimillion dollar jury verdict handed down in a mesothelioma cancer lawsuit brought by a husband and wife to claim that the husband’s rare form of cancer was caused by his employer’s negligent use of carcinogenic building materials. In its decision, the California Court of Appeal affirmed the trial court’s $25 million verdict awarded to the plaintiffs for damages caused by the husband’s testicular cancer diagnosis which they claimed resulted from defendant Fluor Enterprise Inc. and Middle East Fluor’s use of asbestos containing materials in their overseas facilities.
According to the mesothelioma cancer lawsuit, filed in Los Angeles County Superior Court in March 2018, the husband plaintiff was employed by the National Iranian Oil Company between 1960 until 1979, during which time he performed his duties at various oil refineries and facilities in the Organization of Methods and Systems department of the company. The plaintiffs’ lawsuit asserted that the defendants used asbestos-containing materials in insulation materials used in the overseas sights, after the material was effectively banned in the United States and further did not employ certain safety techniques that it did so in its United States operations.
The asbestos cancer lawsuit claims that as a result of the defendants’ inability to follow reasonable safety precautions that they were adhering to in the United States, the plaintiff developed a rare and deadly form of cancer called mesothelioma. The disease commonly affects thin linings of tissue surrounding the lungs and abdominal cavity, though in this case the plaintiff developed testicular cancer. Developing mesothelioma is directly linked to exposure to asbestos, a mineral that was once commonly used in insulation materials such as the ones manufactured, sold, and installed by the defendants in this case.