For purposes of this article, the deceased mesothelioma victim in this case will be referred to as J.L., and her husband will be referred to as M.L.
In a recent decision in Massachusetts, a Boston jury awarded $83 million to a man, M.L., who lost his wife, J.L., just two months after her diagnosis. The wrongful death lawsuit was against American Art Clay Company, the manufacturer of ceramic products known as AMACO. According to the lawsuit, these products caused J.L.'s asbestos exposure, which eventually led to her diagnosis and death.
J.L. dedicated many years of her life (from the 1950s to the 1980s) to working at Mohawk Ceramics, the studio run by her mother. Throughout those years, the late mesothelioma victim frequently handled the American Art Clay's ceramics materials, scraping and sanding slips from hundreds of molds and smoothing greenware using her hands. She was also responsible for ensuring the studio was clean, which meant she had to sweep large amounts of asbestos-contaminated dust. This activity released asbestos fibers into the air, which she then inhaled.
When asbestos fibers are inhaled, they can become lodged in the mesothelium, the lining covering most internal organs. Over time, this can result in scarring and lead to the development of mesothelioma. Because mesothelioma can take decades to become noticeable, many people are often diagnosed when the disease has advanced. Once diagnosed, mesothelioma can turn fatal within a short period, as was the case for J.L., who died only two months after her diagnosis.
During the trial, M.L. narrated his wife's daily exposure to clouds of asbestos-laden dust, utterly unaware of the danger associated with the materials she was using. Over a six-day trial, the jury listened to testimonies that revealed these products contained asbestos and that the defendant had neglected providing warnings or taking corrective actions, despite knowing about the health risk associated with asbestos exposure for many years.
Though the company argued that there wasn't any conclusive evidence that J.L. had been exposed to asbestos-contaminated liquid slip products, the jury rejected this defense. The jury found M.L.'s testimony and supporting evidence, specifically that the defendant knew or should have known about the dangers linked to the asbestos in their products but failed to issue warnings or change their formulation, more convincing.
In the end, the jury delivered what is believed to be the largest asbestos verdict in the state of Massachusetts: an $83 million award to the widower. Below is a breakdown of this award;
▪ $10 million for J.L.'s pain and suffering
▪ $13 million to M.L. for his loss
▪ $60 million in punitive damages
Punitive damages are not awarded in all mesothelioma cases. They are only awarded when the jury finds the defendant's conduct malicious, willful, reckless, or wanton. Punitive damages are meant to punish the defendant and deter similar behavior in the future. The amount awarded for punitive damages shows the jury's recognition of American Art Clay's malicious, reckless, willful, and wanton conduct and that the jury sought to hold the company accountable.
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.
