For purposes of this article, the deceased mesothelioma victim in this case will be referred to as A.B., and her sister will be referred to as L.W.
In a recent decision, a jury in St. Lawrence County awarded $12.25 million to A.B.'s estate after finding Vanderbilt Mining LLC responsible for the asbestos exposure A.B. suffered due to the company's talc mining activities. The verdict included some amount for A.B.'s pain and suffering and some for punitive damages.
A.B.'s sister, L.W., filed the wrongful death lawsuit. After listening to witness testimony, the jury concluded that the defendant was liable for the mesothelioma that killed A.B. in January 2023, at the age of 78. A.B.'s sister filed the lawsuit to seek accountability for asbestos exposure that happened near the company's Balmat mining operations for many years. A.B. lived near the Balmat mining operations. According to court records, the deceased rarely left her home, as she was disabled. Evidence was presented showing how the talc mining operations frequently released large quantities of asbestos fibers into the air, posing a danger to many.
Before the trial, the company tried to have the case thrown out. The judge rejected the motion after A.B.'s attorneys presented evidence showing the connection between Vanderbilt's mining operation and A.B.'s mesothelioma. Expert analyses revealed that A.B. had suffered asbestos exposure levels that exceeded the threshold amount known to cause this illness over the course of a person's life. The legal team also presented lab results showing talc particles in A.B.'s lung tissues.
At trial, the defendant argued that its talc did not contain asbestos. However, L.W.'s legal team disputed that argument, citing that state courts have rejected such arguments many times before. The attorneys also presented proof that the company's employees and residents in the surrounding area had experienced a high rate of the rare but aggressive form of cancer. In the end, the jury rejected the defendant's argument and awarded substantial compensatory damages for A.B.'s pain and suffering and additional punitive damages.
The award for punitive damages is a clear indication that the jury recognized the pattern of disregard for public safety displayed by Vanderbilt and found that compensatory damages would be insufficient in this case. Punitive damages are usually awarded to punish the defendant and prevent similar behavior in the future.
About Mesothelioma
Mesothelioma is a rare but aggressive form of cancer that develops in the lining that surrounds most internal organs. To date, the only known cause of this illness is asbestos exposure.
Until today, there is still no cure for mesothelioma. Once a person is diagnosed, treatment options may be limited and the chance of survival may be low. This makes the jury's recognition of A.B.'s pain and suffering quite significant in this case.
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 you live a more comfortable life.
