Mesothelioma Court Rulings & Legislation

Judge Denies DAP’s Motion for Summary Judgment Despite the Defendant Presenting Affidavits

September 15, 2024 | Throneberry Law Group

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

In a recent court decision, Justice Adam Silvera denied DAP’s motion for summary judgment despite them presenting affidavits provided by their employee. In this case, the family of P.J.M., who passed away due to mesothelioma, an illness that develops due to asbestos exposure, named DAP Inc. and others as defendants. The family blamed P.J.M.’s disease on exposure to several products that contained asbestos. DAP requested dismissal from the case by filing a motion for summary judgment. The defendant claimed it did not make or sell the products the family is blaming for Mr. P.J.M.’s illness. Despite DAP’s assertion, the court denied the petition and allowed the case to proceed.

Often, defendants in mesothelioma lawsuits and other asbestos-related lawsuits seek dismissal by arguing that the lawsuit is baseless. It is common for defendants to argue that their products were not involved in the plaintiff’s asbestos exposure. It is common for defendants to claim that their products could not have contributed to the claimant’s illness. However, in the New York County Supreme Court, such arguments are often denied because the bar for dismissal is high. Defendants are typically required to unequivocally establish that their products could not have caused the claimant’s injury.

South Carolina Jury Awards $63.4 Million to Mesothelioma Victim in Case Against Johnson & Johnson

September 8, 2024 | Throneberry Law Group

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

In a recent court decision, a South Carolina state court jury awarded $63.4 million to a man diagnosed with malignant mesothelioma in a case against Johnson & Johnson (J&J). The compensation amount is meant to cover both punitive and compensatory damages. M.P. was diagnosed with malignant mesothelioma, a rare and aggressive illness that develops after asbestos exposure, at the age of 53. He blamed his illness on his lifelong use of Johnson & Johnson’s talc powder.

Malignant mesothelioma is a type of cancer that is rare in the United States. Statistics suggest that about 3,000 new mesothelioma cases are diagnosed in the United States annually. Mesothelioma develops after a person is exposed to asbestos. However, this illness does not develop immediately after exposure. It can take decades for mesothelioma to develop after asbestos exposure. Asbestos is a naturally occurring mineral that is resistant to heat, fire, and many chemicals. This made asbestos useful in many industries and products. However, when asbestos is disturbed, it releases fibers into the air, which, when inhaled or ingested, can become lodged in the lungs or other tissues, leading to serious health issues like mesothelioma.

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.

Illinois Attorney General Takes Legal Action Against Hospital That Put Workers and the Public at Risk for Mesothelioma

July 19, 2024 | Throneberry Law Group

Asbestos is a dangerous, naturally occurring mineral that was popular many years ago. This mineral was used in many industries because of its attractive qualities. Some of the features that make asbestos commercially desirable include durability, heat resistance, and fireproofing capabilities. Asbestos, when left undisturbed, is harmless. However, when it is damaged or disturbed, its fibers can get into the air, where they can be inhaled, resulting in aggressive and fatal illnesses like mesothelioma. Mesothelioma is a form of cancer that affects the lining of the lungs, abdomen, or heart. Today, the use of asbestos has significantly declined. However, legacy asbestos still poses a significant risk. Legacy asbestos refers to asbestos-containing materials that were used or installed in buildings and structures before the implementation of stricter regulations on asbestos use and handling. These are materials that were used and installed before the health risks of asbestos exposure became widely recognized. Legacy asbestos can be found in older homes, schools, hospitals, and industrial facilities.

While strict rules are in place that govern the handling of legacy asbestos, negligence continues to put many people at risk. In a recent significant legal move, the Attorney General of Illinois, General Kwame Raoul, filed a legal claim against the owners and operators of Lake Behavioral Hospital in Waukegan, Illinois. The hospital’s demolition subcontractors are also named in the legal claim. The claim alleges that the hospital and its subcontractors violated asbestos handling regulations. Specifically, the A.G. claims that the hospital and its subcontractors mishandled asbestos during a demolition project, posing serious health risks to workers and the general public. The lawsuit alleges that the owners and operators of the hospital and its subcontractors exposed people to asbestos fibers and dust, which, when inhaled, can lead to the development of mesothelioma and other serious illnesses. The A.G. is committed to ensuring the defendants are held accountable for putting workers and the public in danger.

This legal action comes after a federal investigation uncovered numerous violations that exposed many people to asbestos, thus putting them in grave danger. The United States Department of Labor’s Occupational Safety and Health Administration (OSHA) reported serious breaches by K.L.F. Enterprises. This subcontractor knew the risks that asbestos exposure posed to workers and others.

Asbestos Laws

July 15, 2024 | Throneberry Law Group

Asbestos, a naturally occurring mineral that was once widely used in several industries, including the construction industry, due to its durability, heat resistance, and other attractive qualities, has been found to pose significant health risks. Asbestos exposure can lead to the development of various illnesses, such as mesothelioma, lung cancer, and asbestosis. While prolonged asbestos exposure is more likely to cause a disease like mesothelioma, the reality is that there is no safe level of asbestos exposure. Being exposed to asbestos once is enough to cause health issues.

Since the dangers of asbestos became widely known in the United States, laws have been established aimed at mitigating these risks. Rules are in place that address the use, handling, and disposal of asbestos to protect people. Recently, the U.S. Environmental Protection Agency (EPA) announced a final rule prohibiting the use of chrysotile asbestos in the United States. Below, we look at some of the laws pertaining to asbestos implemented by the EPA.

Key EPA Asbestos-Related Laws

Johnson & Johnson Agrees to Pay States $700 Million

July 10, 2024 | Throneberry Law Group

In a recent settlement agreement, Johnson & Johnson (J&J) reached a significant milestone in its ongoing legal battles by agreeing to a $700 million settlement agreement with a coalition of attorneys general representing 43 U.S. states. The attorneys general had accused the pharmaceutical giant of deceptively marketing its talc-based baby powder, which has been linked to mesothelioma and ovarian cancer.

This particular lawsuit was filed on behalf of consumers who were misled by J&J’s advertising of its talcum powder products. The lawsuit is different from the over 61,000 pending claims filed by individual claimants of mesothelioma and ovarian cancer. According to the attorneys’ general claim, J&J had, for many years, deceptively marketed its products to women and teenage girls as safe, pure, and gentle for use, despite knowing that studies and other evidence, including internal information, suggested that the products contained carcinogenic asbestos. The lawsuit accused J&J of promoting the products as safe and pure despite knowing about the health effects of asbestos.

On top of being required to pay $700 million, the settlement agreement includes several terms that are aimed at protecting the residents of the 43 states. The following are the conditions that J&J agreed to;

Court Suggests $19.8 Million Fine Following Asbestos Contamination That Increased the Risk of Mesothelioma

June 28, 2024 | Throneberry Law Group

A Franklin County magistrate recently suggested that a $19.8 million fine be imposed on Paxe Latitude (P.L.), Aloft Management (A.M.), and Paxe Latitude’s majority owner. This is after these parties failed to manage asbestos contamination during renovations, putting workers at risk of mesothelioma and rendering the Latitude Five25 apartment complex uninhabitable. For long, this apartment in Ohio has been a source of controversy. However, nothing has occurred in the past compared to what happened in December 2022.

The significant risk of mesothelioma arose after the apartment towers were evacuated in December 2022 after a problem arose with the water pipes. After the evacuation, the building’s owner, P.L., and its management company, A.M., initiated renovations. Before beginning renovations, P.L. and A.M. did not order an asbestos survey, which violated company policies and legal requirements. Failure to request an asbestos survey put the workers who were doing the renovations at significant risk of mesothelioma.

Inadequate safety measures further compounded the parties’ negligence. Workers were not provided with personal protective equipment (PPE), and no asbestos containment procedures were in place. The situation was exacerbated by the negligent way that carpet, drywall, and ceiling tiles were disposed of. Photos presented as evidence in court showed debris scattered across the floor, with no effort to reduce the spread of asbestos-contaminated materials.

Iowa Supreme Court Allows Independent Contractor’s Mesothelioma Claim to Proceed Against Aluminum Plant

June 24, 2024 | Throneberry Law Group

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

For almost a decade, the estate of a mesothelioma victim, C.B., has been seeking justice to no avail. Finally, the decedent’s family may get the justice they have been fighting for. The companies blamed for the asbestos exposure that led to C.B. developing mesothelioma and finally dying have aggressively fought to have the case dismissed. In a recent decision, the Iowa Supreme Court reversed a previous ruling and permitted the mesothelioma claim to be heard by a jury.

This legal journey began after Mr. C.B.’s surviving family members filed a mesothelioma claim after he died in 2015. C.B.’s family blamed his death on asbestos exposure that occurred during the time C.B. worked as an independent contractor (IC) at an aluminum plant. The family named Alcoa, the aluminum plant owner, and a company that was responsible for installing asbestos-contaminated insulation at the plant as the two defendants.