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.
At trial, the jury sided with the plaintiffs' arguments, and awarded $9 million to the plaintiffs for their past damages and $16 million for their future damages, for a total of $25 million which the jury apportioned 80% of the total blame to Fluor Enterprise Inc. and Middle East Fluor. In their appeal to the California Court of Appeal, the defendants argued that the plaintiff's form of cancer was not in fact caused by exposure to asbestos containing materials and that even if it were, their products were not the caused and the plaintiff had failed to meet the legal burden of proof for establishing such a proximate cause of his injuries. The jury's verdict and appeal's court affirmation of the award is substantial to helping make the plaintiffs whole again, especially since the defendants had made no settlement offers prior to trial.
Arizona Mesothelioma Lawyer
If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced 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 to help you and your family live a more comfortable life.