Asbestos Company’s Motion to Overturn Mesothelioma Verdict Denied

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

The Superior Court of Pennsylvania recently denied an asbestos company’s motion to overturn a mesothelioma verdict. T.C. was diagnosed with mesothelioma, a rare and deadly form of cancer, almost eight years ago, and over two years ago, a jury ordered his employer to pay his surviving loved ones $2.3 million in damages after concluding that the employer was liable for T.C.’s illness. Despite there being enough evidence to prove that the employer played a role in T.C.’s illness and the verdict, the employer sought to overturn the decision by filing a motion for a retrial or entry of a judgment in their favor. According to Lenox Instrument Company (employer), T.C.’s family had failed to prove its (the employer’s) role in his disease.

Mesothelioma is a rare, aggressive type of cancer that primarily affects the lungs, abdomen, or heart. This illness occurs after someone is exposed to asbestos, a fibrous mineral that was once widely used in construction, manufacturing, and other industries. When asbestos is left undisturbed, it does not pose any threat. However, when disturbed, asbestos releases tiny fibers into the air, which, when inhaled or ingested, can get stuck in the body, resulting in inflammation and cellular damage over time. This damage can eventually cause mesothelioma.

One of the primary ways that people experience asbestos exposure is through their work. This is called occupational asbestos exposure. The original lawsuit filed by T.C.’s family accused his employer of exposing T.C. to asbestos in the years he worked for the company as a draftsman and designer. The family presented evidence that during T.C.’s time at the company, he engaged in several manufacturing activities, including cutting and drilling heat shields, which released asbestos dust into the air. T.C. inhaled this dust, and it was that dust that led to the development of his mesothelioma.

The case was heard in a Philadelphia County Court of Common Pleas. The jury hearing the case awarded T.C.’s estate $818,444.74 for the suffering he endured before his passing. The jury awarded T.C.’s widow and children an additional $700,000 in wrongful death damages. Additionally, the jury awarded $700,000 to the widow for loss of consortium. This totaled to nearly $2.3 million. Following the jury’s decision, Lenox Instrument Company contested the verdict on several grounds.

The Superior Court denied the defendant’s motion, and in its response, the court found no abuse of discretion regarding the awarded damages. The court also found there was no need for a retrial because T.C.’s family had presented enough evidence to support its case. Additionally, the court pointed out that there had been publicly available warnings about the dangers of inhaling asbestos dust even before T.C.’s time with Lenox, which the company either ignored or failed to act upon.

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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 and help you and your family live a more comfortable life.