Asbestos & Mesothelioma Law Blog
For purposes of this article, the mesothelioma victim in this case will be referred to as D.B.
In a landmark decision, a Florida Jury awarded over $9 million to the widow of D.B., an employee benefits advisor who was diagnosed and later succumbed to malignant mesothelioma. While D.B. never actually worked directly with asbestos, he alleged exposure through frequent visits to Northrop Grumman Systems Corporation facilities, which were laden with asbestos, played a significant role in his mesothelioma diagnosis. Following his passing, his wife, Rosa Maria, carried forward the wrongful death lawsuit. The jury awarded Rosa Maria $8.5 million in compensatory damages and $519,265 to D.B.’s estate for medical and funeral expenses.
D.B. worked as an employee benefits advisor from 1978 to 1997, a role that took him to various commercial and industrial sites. Among the facilities he frequently visited were Northrop Grumman locations in New York and California. According to his claim, these sites contained asbestos-insulated pipes that released toxic fibers into the air.
Although D.B. never handled asbestos directly, he spent significant time near maintenance activities that disturbed the hazardous material. Evidence presented during the trial revealed that D.B. had accumulated over 500 days of exposure at one of the company’s facilities. Northrop Grumman contested its liability, stating that lab tests showed D.B.’s asbestos exposure was not above background levels typically found in the environment. However, the widow presented lab results from an Italian lab test because D.B. had received his mesothelioma diagnosis in Italy. The results showed that there were significant amounts of asbestos in D.B.’s lungs and that it was the type of asbestos found at Northrop Grumman facilities. This evidence aligned with his work history and the conditions of the sites he visited.
As a result, the jury awarded the widow $8.5 million in damages plus $519,265 in medical and funeral expenses. After the jury’s decision, Northrop Grumman sought to overturn the verdict, but the South Florida appeals court upheld the initial ruling, affirming the jury’s award.
This ruling shows how courts continually recognize the dangers of secondary or bystander exposure to asbestos. Secondary exposure occurs when individuals who don’t work directly with asbestos are exposed to its fibers simply by being near areas where others handle asbestos-containing materials. Unfortunately, many people don’t realize that direct contact with asbestos is not the only pathway to exposure. Mesothelioma has been diagnosed in individuals who live near asbestos mines or in environments contaminated by the material. The health effects of bystander exposure to asbestos can take years to become apparent due to the cumulative nature of exposure, where asbestos fibers build up in the body over time. In some cases, individuals may experience a brief but intense exposure to asbestos, even without prolonged contact.
D.B.’s case highlights how bystander exposure can be just as dangerous as direct contact, emphasizing the need for strict safety measures and accountability in environments where asbestos is present.
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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.