August, 2024

A Court of Appeals Upholds a $10 Million Punitive Damages Award in Mesothelioma Case

August 28, 2024 | Throneberry Law Group

For purposes of this article, the Navy widow in this case will be referred to as J.G.P., and her late husband as J.E.P.

In a recent decision, the Missouri Court of Appeals upheld a $10 million punitive damages award for a Navy widow who lost her husband in 2012 after he developed malignant mesothelioma. Malignant mesothelioma is an aggressive cancer that develops in the mesothelium, which is the tissue layer covering most internal organs. This illness is mainly caused by asbestos exposure, a toxic mineral fiber that was widely used in the 20th century. Asbestos was popular because of its properties and was widely used in manufacturing, construction, and numerous industrial applications. The Court of Appeals found the defendant, Crane Co., liable for the asbestos exposure that resulted in the malignant mesothelioma that killed J.G.P.’s husband.

Mr. J.E.P. had served in the Navy for five years in the 1950s as a machinist responsible for maintaining valves on a ship. This job entailed replacing gaskets and packing made with asbestos. When asbestos is disturbed, its tiny fibers can become airborne. Inhaling these fibers can result in serious health issues, including malignant mesothelioma. Mr. J.E.P.’s mesothelioma was blamed on having inhaled the asbestos-contaminated dust that worked with the parts created. After his passing, his widow, J.G.P., filed a lawsuit against John Crane Co., the company that manufactured the asbestos-containing components.

A District Court Affirms a $5 Million Punitive Damages Award in a Mesothelioma Case

August 16, 2024 | Throneberry Law Group

For purposes of this article, the claimant in this case will be referred to as S.C. and her late husband as G.C.

In a recent mesothelioma case decision, a district court denied the defendant’s motion to reverse a $5 million punitive damages award. Navy veteran G.C. died after developing malignant mesothelioma. Mesothelioma is a type of cancer that is primarily caused by asbestos exposure. The Navy veteran suffered years of asbestos exposure while working as a machinist. After his diagnosis, he filed a product liability claim against John Crane, a gasket company. Unfortunately, he passed away before his case was resolved. After his passing, his widow, S.C., continued with the case as a wrongful death lawsuit. After the trial, the jury ruled in favor of the widow and granted her $9 million in compensatory damages. John Crane was allocated 20% of the damages and another $5 million punitive damages. The defendant tried overturning the decision, but the district court upheld it.

After the trial jury made its ruling, John Crane Co. argued that the claimants had failed to provide enough evidence to show that their products caused Mr. G.C.’s mesothelioma. The judges noted that Arizona law does not require a claimant to prove that the defendant’s actions were the sole factor in producing the injury. According to the law, even if other factors were involved, a defendant can still be held liable if their actions were a “substantial” factor in producing the injury. Upon reviewing the evidence, the court found that the family had presented sufficient evidence of Mr. G.C.’s frequent, direct contact with asbestos-contaminated dust from the defendant’s products.

Appellate Court Affirms $9 Million Award in Mesothelioma Case Against Brake Grinder Manufacturer

August 9, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as W.M.

In a recent court decision, the Justice of the Supreme Court of New York County upheld a $9 million verdict against Hennessy Industries, answering a vital legal question: Do manufacturers who make equipment meant to be used on asbestos-contaminated products have a duty to warn of the dangers of malignant mesothelioma? When a New York jury answered yes to this question and rendered a verdict, the defendant appealed the decision. An appellate judge then affirmed the jury’s decision.

This case began when W.M. got diagnosed with mesothelioma and decided to take legal action against the company he blamed for exposing him to asbestos. W.M. filed a personal injury lawsuit against Hennessy Industries’ subsidiary AMMCO, which had manufactured a grinder that he used on asbestos-contaminated brake linings made by BMW. The victim explained that using the grinder had created asbestos-contaminated dust, which he breathed in. This asbestos exposure resulted in W.M. developing mesothelioma, a rare and aggressive type of cancer that forms in the mesothelium, which is the tissue that lines most internal organs.

Mesothelioma vs. Asbestosis

August 5, 2024 | Throneberry Law Group

Asbestos, a mineral once praised for its heat resistance and insulating properties, has become known for its health hazards. When a person is exposed to asbestos fibers, they can develop various illnesses, including mesothelioma and asbestosis. Even though both of these illnesses are caused by asbestos, there are several differences. However, mesothelioma and asbestos also share some similarities. This article discusses the differences and similarities between mesothelioma and asbestosis.

What are Mesothelioma and Asbestosis?

Mesothelioma and asbestosis are diseases that develop after a person is exposed to asbestos fibers. Mesothelioma affects the mesothelium, a thin membrane that protects most internal organs. When asbestos fibers are inhaled, they can get lodged in the mesothelium, causing inflammation and scarring. Over time, mesothelioma may develop. The most common type of mesothelioma is pleural mesothelioma, which affects the lung lining. Mesothelioma can also affect the abdominal lining, the heart lining, and the testicular lining.

Managing Mesothelioma Pain

August 4, 2024 | Throneberry Law Group

Mesothelioma is a rare and aggressive form of cancer that develops after a person is exposed to asbestos fibers. This disease primarily develops in the lining of the lungs, abdomen, or heart. Often, mesothelioma develops in the lining of the lungs. Mesothelioma can cause many debilitating symptoms. One of the debilitating symptoms of mesothelioma is severe pain. Managing pain is a crucial aspect of treatment aimed at improving a patient’s quality of life. In this article, we look at what causes mesothelioma pain and how this pain is managed.

What Causes Mesothelioma Pain?

Mesothelioma pain arises due to several factors related to the illness’s progression and impact on the body. The following are the main causes of mesothelioma pain;

Tips for Mesothelioma Patients to Help Dealing With Panic Attacks

August 3, 2024 | Throneberry Law Group

Most people with cancer experience some level of anxiety. Anxiety means feeling worried, uncomfortable, or scared. A cancer patient may experience anxiety at different times during treatment and recovery. It is normal for cancer patients to experience some level of anxiety. According to one particular study, almost 30% of all cancer patients experience anxiety at some point in their cancer journey. However, while anxiety is common among cancer patients, some patients experience more severe symptoms of anxiety, such as panic attacks. Mesothelioma patients may experience panic attacks due to several things, including fear of worsening symptoms, the stress of the diagnosis, and uncertainty about the future. While panic attacks are not common among mesothelioma patients, they can and do sometimes happen. Unfortunately, panic attacks can significantly lower the quality of life. Thankfully, there are several methods of dealing with panic attacks.

How Do Panic Attacks Feel Like?

A panic attack is a sudden episode of intense fear or discomfort. Panic attacks can happen suddenly or in response to a trigger, and they typically occur within minutes, resulting in significant stress and disruption to daily life. According to the American Cancer Society, panic attacks often reach their worst within about 10 minutes. During a panic attack, a person may feel like they are being smothered. They may feel like they are having a heart attack or even dying.