For purposes of this article, the mesothelioma victim in this case will be referred to as N.B.
In a recent court decision, a Connecticut judge ruled that talc supplier R.T. Vanderbilt should pay an additional $7.5 million punitive damages to N.B.'s surviving loved ones. N.B. died from mesothelioma. Last May, a jury decided that talc supplier R.T. Vanderbilt was liable for N.B.'s death and ordered the company to pay compensatory damages, which encompass economic and non-economic damages. After listening to the family's case, Superior Court Judge William F. Clark sided with the family and decided to award punitive damages. These damages are awarded in rare cases.
N.B., a West Point graduate and Army Veteran, worked at a plastics plant that the defendant's predecessor had sold to them. N.B. developed mesothelioma, a rare and aggressive form of cancer that is primarily caused by asbestos exposure, and sadly, he later passed away. Though the asbestos exposure happened many years ago, N.B.'s family brought the case against Vanderbilt to court. N.B.'s family's legal team argued that Vanderbilt, as the successor to International Talc, should be held responsible for continuing to make the dangerous product line. Despite the defendant's attempt to dismiss the case, the jury sided with the family and decided that Vanderbilt should be held liable for N.B.'s asbestos exposure.
N.B. had worked for the plastics plant in the 1960s when the plant bought talc from R.T.'s predecessor. The talc, which contained harmful asbestos fibers, was incorporated into the company's manufacturing process. This led to asbestos fibers getting released into the air, placing workers like N.B. at serious health risk. When asbestos fibers are inhaled, they can get trapped in the lining of the lungs, abdomen, or heart and cause irritation and inflammation, which can then, in turn, cause mesothelioma. Unfortunately, after asbestos exposure, it can take decades for mesothelioma to get diagnosed.
Talc, a naturally occurring mineral, can sometimes contain asbestos because both minerals are found in the same geological environments. When mining talc, the mineral can become contaminated with asbestos fibers. If asbestos-contaminated talc is not purified properly and tested, it can pose a serious health risk when used in industrial processes and products.
In the ruling, Superior Court Judge William F. Clark sided with N.B.'s family and decided that R.T. Vanderbilt should also pay punitive damages because of their continued conduct. Punitive damages are only awarded in cases involving egregious or reckless behavior and are meant to punish the defendant and deter similar actions in the future. The court agreed that continuing the product line, despite knowing the dangers involved, warranted such a penalty. The punitive damages award brought the compensation to $22.5 million since the family had previously been awarded $15 million in damages.
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.
