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California Jury Hands Down $2.5 Million Verdict in Favor of Plaintiff in Mesothelioma Cancer Lawsuit

Posted by Michael Throneberry | Oct 04, 2020

In what was one of the first mesothelioma cancer trials conducted via videoconferencing, a California jury has handed down a multimillion dollar verdict in favor of a former Navy Admiral who claimed he developed a serious form of cancer due to asbestos exposure from products manufactured by the defendant. In their verdict, the jury found that exposure to defendant Metalclad Insulation Corp.'s insulation was a substantial factor in the plaintiff's mesothelioma cancer diagnosis and awarded the victim $2.5 million in total compensation.

According to the mesothelioma lawsuit, filed in the Superior Court of California for the County of Alameda, the retired Navy Admiral developed mesothelioma cancer after being exposed to asbestos fibers in insulation products manufactured by Metalclad Insulation Corp. Among the plaintiff's claims were that Metalclad Insulation Corp engaged in negligent conduct for design defects in its asbestos insulation products, failure to warn the plaintiff about the dangers of its products, and failure to recall its asbestos products due to knowledge of the harm they could cause.

As is common in many asbestos cancer lawsuits, defendant Metalclad Insulation Corp tried many legal maneuvers to have the case thrown out rather than have a jury of the parties' peers decide the merits of the lawsuit. Specifically, attorneys for the defendant sought a mistrial after the victim shared photographs with members of the jury and discussed how to change their virtual backgrounds over the videoconferencing software used to conduct the trial remotely. However, those attempts to throw out the case and begin the process of a new trial were rejected by the judge presiding over the case, and allowed deliberation to proceed.

Asbestos is a naturally occurring mineral which was once used in a variety of industrial and military applications as an insulation and gasket material due to its heat-resistant properties and ability to be molded to fit a variety of equipment. Unfortunately, exposure to asbestos fibers is directly linked to developing mesothelioma cancer, a rare and deadly disease that commonly affects the thin linings of tissue surrounding vital organs such as the lungs and heart and the abdominal cavity.

While we would expect these negligent asbestos companies to take responsibility for knowingly putting innocent servicemen and servicewomen at risk, these entities would rather use every legal avenue possible to deny, delay, and defend claims brought by these brave people who served our country with honor. Fortunately, the law gives mesothelioma cancer victims the right to hold negligent asbestos companies responsible for their indifference to public safety and seek compensation for the harm they have suffered.

Arizona Mesothelioma Lawyer

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 you and your family live a more comfortable life.

About the Author

Michael Throneberry

Attorney Michael Throneberry graduated from Purdue University with a Civil Engineering degree. He then served with the United States Army...

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