Articles Posted in Mesothelioma Court Rulings & Legislation

Mesothelioma is a rare but aggressive cancer caused by prolonged exposure to asbestos. Asbestos has been widely used in construction, manufacturing, and other industries for decades because of its heat resistance and durability. Unfortunately, many companies knew of its dangers but failed to warn workers or provide proper protection. This negligence left many workers exposed to toxic asbestos fibers, leading to the development of mesothelioma and other health issues years later.

If you or a loved one has been diagnosed with mesothelioma, proving negligence is key to holding the responsible parties accountable and securing the compensation you deserve. But how do you prove that your employer, manufacturer, or another party acted negligently? Read on to learn more.

Establishing Duty of Care and Breach

Mesothelioma is a devastating diagnosis that can flip one’s life upside down. In addition to the physical pain, a patient may also undergo emotional distress and financial hardship as a result of this aggressive cancer caused by asbestos exposure. If you or a loved one is navigating this challenging journey, a mesothelioma lawsuit may be a way to hold the responsible parties accountable and secure much-needed financial support. In this blog, we will guide you on what to expect during a mesothelioma lawsuit and how having an experienced mesothelioma attorney by your side can make all the difference in your case.

Steps in a Mesothelioma Lawsuit

Filing a mesothelioma lawsuit involves several key steps, as outlined below:

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

When mesothelioma victims file a lawsuit to hold the responsible parties accountable, the defendants will employ every possible legal argument to avoid being held responsible. One strategy is to challenge the court’s jurisdiction, claiming that the case should be heard in a different state. That’s exactly what happened in a recent case involving J.B., an automotive consultant who unfortunately succumbed to mesothelioma in 2019. His family sued multiple companies they believed were responsible for his asbestos exposure, including American Honda Motor Co., Inc. and Nissan North America.

J.B. worked as an automotive consultant, frequently visiting auto dealerships in New York and Florida, where his family blames his exposure to asbestos-contaminated parts. When his family filed the lawsuit in New York, the two auto companies argued that the case should be dismissed from the New York court system. J.B.’s exposure to asbestos happened over many years, both in Florida from 1976 to 1986 and in New York in the 1990s. This is where the auto companies’ arguments stemmed from. They argued that because J.B. had spent more years exposed to asbestos in Florida than in New York, Florida courts should have jurisdiction over the case, making New York courts inappropriate to hear the case. However, Justice Adama Silvera of the Supreme Court of New York County denied their request, and the companies appealed the decision.

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

In a recent court decision, a mesothelioma lawsuit filed by I.L., a woman exposed to asbestos while washing her husband’s clothes has been temporarily paused. This follows a bankruptcy filing by one of the defendants that I.L. had pursued legal action against. The victim had filed a lawsuit against multiple defendants, including Huntington Ingalls Incorporated, the successor to the Avondale shipyard where her husband worked for over two decades. However, after one of the named defendants, Hopeman Brothers, Inc., filed for bankruptcy, the court issued a stay, delaying the case until the bankruptcy proceedings were resolved.

In this case, I.L. argued that the asbestos dust clung onto her husband’s clothes when he worked as a laborer, welder, and pipefitter at the Avondale shipyard from 1973 to 1996. Asbestos is notorious for clinging onto clothes, and due to its microscopic fibers, one cannot see them and “remove them” easily. By repeatedly inhaling the fibers while washing his clothes, I.L. unknowingly exposed herself to the toxic asbestos, leading to her mesothelioma diagnosis. Unfortunately, five months after filing her case, she passed away. Her children stepped in to continue her legal fight, only to face an unexpected hurdle when Hopeman filed for bankruptcy.

Mesothelioma is a rare but aggressive cancer caused by exposure to asbestos. Its treatment is often extensive and expensive and may leave a patient unable to work. Many mesothelioma patients develop symptoms decades after exposure in the company responsible for the exposure. When one finds out they have mesothelioma, it is natural to feel worried if they are still eligible for compensation to cover their medical bills and other expenses. The good news is that one can still get compensated. This happens through mesothelioma trust funds, established to ensure victims and their families receive financial relief even if the responsible company no longer exists.

How Mesothelioma Trust Funds Work

A mesothelioma trust fund is a bank account containing money set aside by companies that used asbestos but declared bankruptcy due to overwhelming lawsuits. In return for remaining in business, a bankrupt asbestos company was ordered to set aside money to compensate mesothelioma victims. Rather than suing the company, eligible victims can file a claim directly with the trust.

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

In a recent court ruling, a Louisiana judge ordered a new trial in a mesothelioma lawsuit against Colgate-Palmolive. This decision came after the witness unexpectedly introduced what the judge termed an entirely improper, unsolicited, new opinion that had not been presented during the trial, influencing the jury’s verdict in favor of the defendant. The attorneys for the victim’s family also argued that the expert witness had sabotaged the case, requesting the company to cover at least $150,000 in costs for the abandoned trial.

The case revolved around V.C., who developed mesothelioma after using Colgate-Palmolive’s Cashmere Bouquet talcum product. Her family sued the company, alleging that the product contained asbestos, which led to her illness. Similar lawsuits have been filed against consumer product manufacturers for failing to warn the public about asbestos contamination in talc-based products. While many of these cases have resulted in significant compensation for victims, in this case, Colgate-Palmolive defended itself by calling Dr. Richard Attanoos, a pathologist from Wales, as an expert witness.

Receiving a mesothelioma diagnosis is devastating, and not just because of the medical challenges. It is also because of the financial strain that it can bring. Fortunately, patients diagnosed with mesothelioma are entitled to file a lawsuit against the responsible parties to seek justice and compensation for asbestos exposure. One common question individuals pursuing compensation for mesothelioma ask is whether the settlement amount is subjected to taxation. Let’s explore the tax implications of mesothelioma settlements.

Are Mesothelioma Settlements Taxable?

The question of whether mesothelioma settlements are subject to taxation depends on the kind of damages awarded. However, according to Internal Revenue Service (IRS) rules, they are generally not taxed. This is because compensation for physical injuries or sickness is not taxable under federal law. Therefore, settlements or awards received for a mesothelioma diagnosis typically follow this rule.