A jury in Los Angeles has awarded 200 million dollars in punitive damages and $8.8 million in compensatory damages in an asbestos product liability case. A legal representative for the CertainTeed Corp., a building materials manufacturer, says that the judge “refused to enter the judgment” until he evaluated the legal basis for the award.
The plaintiff, Rhoda Evans, claimed that her mesothelioma was caused by asbestos fibers that she breathed while washing her husband’s work clothes. Her husband, Bobby Evans, worked for Los Angeles’ water and power department for 24 years, where he cut CertainTeed asbestos cement water pipe.
The amount of the settlement can still be reduced.
“As far as I know, the largest punitive damages award ever upheld in California was $55 million,” says punitive damages expert Curt Cutting. “The fact that the trial court has asked for briefing before entering judgment is probably a pretty good indication the judge has questions about the validity of a verdict that size.”
Victims of asbestos exposure, or other negligent workplace practices, should consult with an employment attorney. They will best be able to evaluate whether or not you deserve a workers compensation settlement.
Dianna’s father, Jerrold, has lung cancer, which has also traveled to his brain. “I believe the exposure to the asbestos in the plants my father has worked in is the direct cause of his health problems.”
Jerrold worked at GM’s Pontiac, Michigan plant, in the foundry and in assembly units, among other places. The plant, which was situated in the middle of the town of Pontiac, was torn down years ago because it contained asbestos. Jerrold feels certain that he was exposed to asbestos during his years there.
“I remember when they ripped the Pontiac plant down,” Dianna said. The foundry he worked was full of asbestos, “I remember hearing stories about that plant. My father’s best friend worked at the plant and he died of the same thing my father has, he died in the 1990s. I’ll bet there are many more people who worked at that plant that had health problems.”
Part of the reason asbestos mesothelioma seems to come as a complete surprise is the latency period of the disease. Jerrold retired in 1998, but he left General Motors years before he retired. “Prior to these illnesses my father was a very healthy man, all his life,” Dianna said. Asbestos Exposure, Who’s at Risk and Why?
Asbestos mesothelioma doesn’t just affect the people working with it directly. Estimates suggest that more than 27 million workers were exposed to asbestos between 1940 and 1980, and today, possibly as many as 1.3 million construction workers still face significant exposure to asbestos during renovations, demolitions, and asbestos removal, because the product is still widely used in roofing materials, textiles, friction products, insulation and other building materials. Unbelievably, asbestos is not banned from all building materials, despite the health risks which are now common knowledge.
LEARN MORE ABOUT ASBESTOS MESOTHELIOMA
Asbestos Litigation Claims
Over the past 40 years well over 100,000 claims have been filed in connection to asbestos-related illnesses, making it the longest (and most expensive) mass tort in U.S. history. It has been estimated that over $250 billion has been spent on asbestos litigation.
The most common claims people file for personal injury litigation involving asbestos include Mesothelioma, a rare cancer almost exclusively connected to prolonged asbestos exposure.
Of the 5,000 asbestos claims that were filed in 2008, about 2,000 involved Mesothelioma.
Who files for asbestos litigation?
Defendants who file for asbestos litigation can make a claim as individuals or as part of a class action lawsuit against a particular company (or companies).
Since multiple factors exist in every case it is important to speak with an experienced asbestos attorney who can walk you through the processing of filing and let you know what you can expect to gain through litigation.
The majority of asbestos claims settle before going to trial. Of the ones that make it to court, over 90% of the cases that went to verdict involved Mesothelioma (in 2008).
While the overall amount of asbestos litigation cases has decreased since 2002, the settlements for those suffering from Mesothelioma and other malignant cancers have increased.
