Articles Posted in Companies & Asbestos

For purposes of this article, the mesothelioma victim in this case will be referred to as A.J.C.

In a recent court decision, a Chicago jury awarded a mesothelioma victim who used to work as a brick mason $7.4 million in compensation after a two-week trial. Mesothelioma is an aggressive illness that develops after someone is exposed to asbestos fibers. A.J.C. was exposed to asbestos while working as a brick mason at Inland Steel. 30% of the liability was assigned to Foseco who manufactured hot tops for steel manufacturing and the other 70% to an insulation contractor, Paul J. Krez.

According to the evidence presented in court, A.J.C. was diagnosed with mesothelioma in early 2023 when he was 76 years old. While getting treatment at the University of Chicago, A.J.C. embarked on a pursuit for answers. A.J.C. explored his work history for potential asbestos exposure and thought back to when he worked at Inland Steel about six decades ago. A.J.C. recalled being around asbestos during the years he worked in the company. He worked at Inland Steel in 1965 and then served in the army for three years before returning to the steel company. For the rest of his career, A.J.C. worked at Inland Steel. Mesothelioma has a long latency period. It can take up to six decades or more for mesothelioma to develop after asbestos exposure.

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 jury awarded $15 million to the family of a man, N.B., who died of malignant mesothelioma in 2023. The jury reached this decision quickly, indicating a clear and decisive outcome.

After N.B., a father of three, died in 2023 at the age of 81, his family filed a mesothelioma claim. N.B. had a degree in chemical engineering and a history of service in the U.S. Army. According to the lawsuit filed by N.B.’s family, his malignant mesothelioma developed due to prolonged asbestos exposure at the General Electric plastics plant where he worked. The family filed the claim against R. T. Vanderbilt Holding, Inc. This company had acquired International Talc, the supplier of the talc used at the plant where N.B. worked. R.T. Vanderbilt tried to have the case dismissed. The company argued they should not be held liable as the successor in interest. The court denied this argument because the company continued the product line after the acquisition. This action led to the company inheriting associated liabilities.

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

In a recent court case, a jury found Johnson & Johnson and two subsidiaries liable in the mesothelioma-related death of T.G., who was a mother of six and a grandmother and awarded the surviving family members $45 million in damages. T.G.’s case and the cases of many others suffered delays when J&J filed bad faith bankruptcies in an attempt to try and avoid liability. These bankruptcy filings stayed litigation in this particular case and thousands of other cases. The lifting of the hold allowed the case of T.G. and many other cases to finally begin being heard across the country. The decision, in this case, gives hope to the others who continue to fight for justice.

There are thousands of mesothelioma lawsuits pending against Johnson & Johnson. The lawsuits accuse the company of continuing to sell its famous baby powder despite knowing that its talc was asbestos-contaminated. Asbestos is a dangerous substance that can cause several fatal illnesses, including mesothelioma. All the victims and survivors are seeking accountability for the devastating consequences of asbestos exposure.

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

Many years have passed since asbestos fibers that originated from vermiculite mines blew around Libby, Montana. Vermiculite and asbestos form under similar conditions, and therefore, asbestos contaminated Libby’s vermiculite deposit. Decades of mining in the vermiculite mines exposed workers and residents to toxic asbestos. Asbestos is a dangerous substance that can cause aggressive and fatal diseases. One of the most aggressive and fatal illnesses asbestos causes is mesothelioma. Decades after asbestos fibers blew around Libby, Montana, the tragic toll of mesothelioma and other asbestos-related illnesses persists. Victims and their families continue to seek justice and compensation against the entities responsible for their illnesses and deaths. In an upcoming court case, the family of a mesothelioma victim who passed away avoided sanctions BNSF Railway, the defendant, was seeking. BNSF was seeking sanctions because the family had cremated their loved one’s remains before they could get additional tissue samples for testing. Below is more on this case.

Among the many ongoing cases in Libby, Montana, is Ms. M.D.M. Ms. M’s case against MNSF Railway was filed two years ago. Initially, the defendant received tissue samples from Ms. M’s lung, but BNSF asked for more samples. The defendant asked the victim’s family to preserve her organ tissues in the event of death. However, the family did not respond to this request until days before Ms. M.D.M.’s death. According to the family, they could not accept the defendant’s request because of religion. Also, the family cited privacy concerns.

When people think about cruise ships, rarely do they think about dangerous asbestos exposure. Often, when people think about cruise ships, they think of luxury, relaxation, and adventure. However, underneath all the glamor lies a less glamorous reality. Many people who worked on cruise ships many years ago may have been exposed to asbestos. Unfortunately, asbestos exposure can result in the development of deadly illnesses, including mesothelioma and lung cancer.

What is Asbestos?

Asbestos is a naturally occurring mineral. There are six types of asbestos: chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite. Asbestos is known for being resistant to heat, wear, and chemicals, and for its flexibility. These and many other characteristics make asbestos a suitable material for use as insulation in many fields.

For purposes of this article, the mesothelioma victim in this case will be referred to as R.M., and the victim’s husband as T.M.

After a person develops mesothelioma, they or their loved ones can file a mesothelioma claim on their behalf and seek justice and financial compensation from the party or parties responsible for the asbestos exposure. One of the first crucial steps before filing a mesothelioma case is identifying all the parties responsible for the asbestos exposure. Often, people are exposed to asbestos from multiple sources. Identifying all defendants is vital to ensuring that victims or their families can recover the maximum compensation. Also, identifying all defendants promotes fairness. It ensures that each party responsible for the asbestos exposure is held accountable. However, after identifying all the parties responsible for the asbestos exposure and filing a claim, it is not uncommon for some defendants to deny liability and request the court to drop them from litigation.

In a recent case, the judge denied a co-defendant’s request to be dropped from litigation. The defendant, Westinghouse Electric Corporation, asked the court to drop them from litigation on the grounds that the company they supplied the asbestos-containing materials to did not need any warning about the dangers of asbestos since it was a “sophisticated user.” The claimant and the other defendant opposed this action, and the judge denied the request.

For purposes of this article, the victim in this case will be referred to as Mr. R.D.

In a recent court decision, Justice Adam Silvera of the New York Supreme Court denied two printing press companies’ motions to dismiss the mesothelioma claims filed against them. The two printing press companies tried to escape liability for the deceased victim’s asbestos exposure between the 1960s and 1980s. Justice Adam Silvera ruled that the victim’s testimony was strong enough to allow the case to proceed.

The victim in this case, Mr. R.D., was a printing press operator from the 1960s to the 1980s. It was during this time that R.D. was exposed to asbestos numerous times. Before passing away, the late mesothelioma victim filed lawsuits against two press companies he accused of being responsible for his asbestos exposure. The two companies are L3Harris Technologies Inc. and Heidelberg USA. Inc. printing presses. In his legal claim, Mr. R.D. said that he developed mesothelioma as a result of being exposed to brakes from Airflex, which L3Harris incorporated in their printing presses. As for the other defendant, Mr. R.D. claimed their presses also contained asbestos. According to the mesothelioma victim, the two companies exposed him to asbestos-contaminated parts in their machines without sufficient warnings of the dangers they posed.

For purposes of this article, the victims in this case will be referred to as T.W. and J.W.

Vermiculite, a naturally occurring mineral with heat-resistant properties, and asbestos, also a naturally occurring mineral, form under the same conditions. Asbestos is a dangerous substance that can cause several fatal illnesses, including mesothelioma. In Libby, Montana, asbestos contaminated the city’s vermiculite deposit, so years of mining this mineral in the city exposed workers and residents to asbestos. Thousands of people got sick because of asbestos exposure, and over the years, victims and families of victims have filed countless legal claims. In April 2024, two Libby residents’ stories will be told by their surviving loved ones who filed a lawsuit against the Burlington Northern Santa Fe Railway.

T.W. ‘s family and J.W. ‘s family filed a mesothelioma wrongful death claim against the railway company and other defendants after their loved ones died of malignant mesothelioma. According to the two families, the companies named in the lawsuit are strictly liable for their loved one’s death. T.W.’s family and J.W.’s family are seeking to recover compensatory and punitive damages for the wrongful deaths of their loved ones.

For purposes of this article, the mesothelioma victim will be referred to as G.P.

In a recent court decision, a judge ruled the surviving family members of a deceased cruise ship worker have a valid mesothelioma case against Steel Grip, an asbestos gloves manufacturer. The judge hearing the case ruled that the mesothelioma lawsuit the survivors filed against Steel Grip should proceed. After G.P., a cruise worker, developed malignant mesothelioma and died, his surviving loved ones filed a personal injury claim in New York. G.P.’s family believes he developed mesothelioma because of the asbestos-contaminated gloves he wore when working. Steel Grip manufactured the gloves, so the family included Steel Grip in their claim. The defendant tried arguing that they had never done any business in New York. However, upon listening to the evidence presented, the judge ruled that G.P.’s family had a valid case and the case could proceed.

G.P. worked on Italian cruise ships for many years. However, while working on the cruise ships presented the risk of asbestos exposure, his family strongly believes that he developed malignant mesothelioma because of his work gloves. In response to being named as a defendant in the case, the gloves manufacturer argued that the court hearing the case did not have jurisdiction over them since they had never done any business in New York. This first argument was defeated by the fact that G.P.’s cruise ships would stop in New York, and he remembered seeing boxes of gloves manufactured by Steel Grip being loaded onto ships while in New York.

U.S. Bankruptcy Judge Michael Kaplan denied Johnson & Johnson’s second bankruptcy attempt in a recent court decision.  This decision offers hope to many mesothelioma and ovarian cancer victims seeking justice from Johnson & Johnson. The consumer giant is facing tens of thousands of negligence claims accusing its talc powder product of causing mesothelioma and ovarian cancer.

Sometime back, Johnson & Johnson formed its subsidiary, LTL Management, for the purpose of carrying its talc liabilities into Chapter 11 bankruptcy. When a company is facing mesothelioma or other asbestos-related lawsuits, the company can file for Chapter 11 bankruptcy. Once the bankruptcy filing is approved, the company is required to establish a trust fund and put aside money to compensate people harmed by asbestos. In 2021, LTL Management filed for Chapter 11 bankruptcy and offered $2 billion in settlement for victims and their families. An NJ bankruptcy court approved this first filing, but a higher court reversed the decision citing that the company filed for bankruptcy without any real financial distress, thus, lacked good faith.

Johnson & Johnson did not give up and, through its subsidiary, filed for bankruptcy for the second time. The company offered $8.9 billion in settlement in the second bankruptcy filing for the victims and their families. This is over four times the amount Johnson & Johnson had offered during the first bankruptcy filing. However, despite this and the fact that about 60,000 plaintiffs and some attorneys representing plaintiffs supported the proposed settlement, many more people argued against the move. According to those who do not support Johnson & Johnson’s attempt to declare bankruptcy, allowing Johnson & Johnson to declare bankruptcy would mean that victims and their families will be forced to agree to insufficient terms and will prevent those who may be diagnosed in the future from pursuing justice.

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