For purposes of this article, the mesothelioma victim in this case will be referred to as H.C. and his wife as R.C.
In a recent court decision, an Allegheny County jury awarded a mesothelioma victim and his wife almost $4 million in damages. H.C. received a malignant mesothelioma diagnosis after working as a boilermaker for a long time. After his diagnosis, H.C. and his wife, R.C., filed a lawsuit against Foster Wheeler, his former employer. H.C. blamed Foster Wheeler for his mesothelioma. H.C. claimed that the company failed to protect workers from asbestos exposure, leading to his illness. Mesothelioma is one of the illnesses that can develop after a person is exposed to asbestos. After listening to the case, the jury found Foster Wheeler liable for H.C.’s illness.
The jury learned that in the many years that H.C. was a boilermaker, he only worked for Foster Wheeler for ten weeks. Foster Wheeler provides engineering services, manufactures boilers, and services boilers across the U.S. and worldwide. Despite the existence of Occupational Safety and Health Administration (OSHA) regulations meant to prevent mesothelioma and other asbestos-related illnesses, Foster Wheeler did not comply with these regulations. Foster Wheeler’s legal representatives argued that other companies owned the site were responsible for ensuring workers were safe. However, the jury found that it was the defendant’s negligence that directly contributed to Mr. H.C.’s fatal illness.
Mesothelioma is a rare and aggressive form of cancer that, unfortunately, still has no cure. However, there are several mesothelioma treatment options. H.C.’s treatment involved a surgical resection of his left lung. In other words, all or a portion of his left lung was removed. The main goal of surgical resection is to remove the tumor and surrounding affected tissues. This can help reduce the number of cancer cells, the size of the tumor, and the amount of cancer in the body. It can improve symptoms.
During the trial, the jury heard testimony from H.C.’s medical team and expert witnesses about the severity of his illness. The jury also learned about H.C.’s life outside of work. Before his diagnosis, H.C. was a volunteer who drove children from Amish communities to a Philadelphia hospital.
After thoroughly assessing the evidence presented by both sides, the jury ruled in favor of H.C. and his wife. The jury awarded the two $2.3 million in compensatory damages, which accounts for the medical expenses and pain and suffering resulting from H.C.’s illness. Additionally, the jury awarded punitive damages to H.C. and his wife, amounting to $1.5 million. Unlike compensatory damages, which are meant to cover losses suffered, punitive damages are intended to punish the defendant for wrongdoing. These damages also serve as a warning to prevent others from acting the same way in the future.
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If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide 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.