Articles Posted in Mesothelioma Attorney

Mesothelioma is a rare but aggressive cancer primarily caused by asbestos exposure. When someone passes away from mesothelioma due to negligent asbestos exposure, surviving family members can file a wrongful death claim and seek compensation. While a wrongful death claim cannot undo what has already happened, it can provide financial relief and a sense of justice to the grieving family.

If a loved one recently died from mesothelioma due to negligent asbestos exposure, one of the questions you may have is, “What is the average wrongful death settlement for mesothelioma?” So, what is the average wrongful death settlement for mesothelioma in 2025? Unfortunately, there is no straightforward answer to this question. The answer depends on several unique factors specific to each case. However, many mesothelioma wrongful death settlements in 2025 continue to reach into the millions, reflecting how serious this disease is and how much suffering it causes.

Mesothelioma Wrongful Death Claims

For purposes of this article, the mesothelioma victim in this case will be referred to as D.R.K.

A recent mesothelioma case involving occupational asbestos exposure has shed light on a lesser-known source of contamination: commercial pizza ovens. D.R.K., a former pizza cook, was diagnosed with malignant mesothelioma after working in pizza restaurants between the 60s and 80s. D.R.K. was diagnosed with the rare but aggressive form of cancer decades after his exposure to asbestos-laden pizza ovens in the restaurants he worked in. After his diagnosis, D.R.K. filed a personal injury lawsuit against the oven manufacturer and the supplier of the asbestos-containing transite boards used in the pizza ovens. While he reached a settlement agreement with the oven manufacturer, as of the writing of this article, the case against the stone board manufacturer continues.

Before the dangers of asbestos became widely known, this material was regularly used in applications that required strength and heat resistance. While asbestos is often associated with construction, military ships, boiler works, electric components, and insulation, it was widely used in many other ways. Not many people know that asbestos was commonly used in commercial kitchens, specifically ovens. From the mid-20th century, manufacturers commonly used transite baking stones in pizza ovens to maintain high cooking temperatures. These heat-retentive stones posed a serious health risk to those operating the ovens, as they contained asbestos.

Mesothelioma is a rare but aggressive cancer primarily caused by asbestos exposure. When someone passes away from mesothelioma due to negligent asbestos exposure, surviving family members can file a wrongful death claim and seek compensation. While a wrongful death claim cannot undo what has already happened, it can provide financial relief and a sense of justice to the grieving family. 

If a loved one recently died from mesothelioma due to negligent asbestos exposure, one of the questions you may have is, “What is the average wrongful death settlement for mesothelioma?” So, what is the average wrongful death settlement for mesothelioma in 2025? Unfortunately, there is no straightforward answer to this question. The answer depends on several unique factors specific to each case. However, many mesothelioma wrongful death settlements in 2025 continue to reach into the millions, reflecting how serious this disease is and how much suffering it causes. 

Mesothelioma Wrongful Death Claims 

For quite some time now, victims of mesothelioma and ovarian cancer and their families have been closely monitoring Johnson & Johnson’s (J&J) repeated legal attempts to escape asbestos liability. Specifically, the giant pharmaceutical company has repeatedly tried to use a controversial bankruptcy strategy. In a significant recent development, a federal bankruptcy judge in Houston, Texas, denied the company’s third attempt to use the bankruptcy strategy as a shield against the tens of thousands of lawsuits it is facing. This decision marked a critical moment in the victims’ quest for justice.

Over 90,000 lawsuits have been filed against J&J, alleging that the giant pharmaceutical company’s baby powder, which was a staple for years, contained asbestos. Asbestos is a naturally occurring mineral that, when inhaled or ingested, can lead to the development of mesothelioma and other severe health issues. Over the years, J&J has maintained that it is innocent and argued that its talcum powder was not asbestos-contaminated. Despite this, numerous jury verdicts have gone against the company, and personal injury as well as wrongful death claims have continued to rise.

To combat these lawsuits, Johnson & Johnson employed a controversial legal strategy called the “Texas Two-Step.” This strategy involves forming a new corporate entity, transferring all liabilities to it, and then having that entity declare bankruptcy. Johnson & Johnson aimed to limit its financial exposure while trying to resolve claims in bankruptcy court instead of through the traditional legal process, which can be quite unpredictable.

In a mesothelioma lawsuit, giving a deposition is one of the most vital parts of the case. Unfortunately, many people involved in mesothelioma lawsuits do not understand depositions. If you have filed or are planning to file a mesothelioma lawsuit, it is crucial that you learn about depositions. Here is what you need to know about mesothelioma depositions.

What is a Mesothelioma Deposition?

A deposition, which is part of the discovery phase of a lawsuit, is a form of pre-trial sworn testimony involving attorneys asking questions to witnesses who are relevant to the case. So, a mesothelioma deposition is a pre-trial testimony involving attorneys asking questions to people with knowledge about how the claimant developed mesothelioma. Such people include the victim/plaintiff, family members, doctors, friends, and co-workers. Depositions are taken outside the courtroom, for example, at an attorney’s office. Mesothelioma depositions can even happen in the victim’s home if they are too sick to travel.

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

In a recent court decision, the California Court of Appeals ruled in favor of the family of a mesothelioma victim in a lawsuit against two foreign car parts manufacturers. The ruling reversed an earlier trial court decision that had dismissed the companies from the case because of jurisdictional arguments. This decision allows the family to proceed with their legal claims against the two companies.

R.H. spent more than four decades working as an automobile mechanic. According to the lawsuit, which was filed by R.H.’s widow and adult children, during this time, R.H. was routinely exposed to asbestos-contaminated parts, particularly from Volkswagen and Toyota vehicles, which ultimately led to him developing malignant mesothelioma, a rare and aggressive form of cancer that can take decades to develop after initial asbestos exposure. According to the lawsuit, R.H. worked on Volkswagen cars at California dealerships from 1969 to 1976 and on Toyota vehicles between 1977 and 2009, which allegedly included Akebono Brake Co., Ltd., asbestos-contaminated components. The family accused the companies and others of strict product liability, negligence, and fraud.

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

In a recent court decision, a Florida jury awarded $18 million to D.C., a woman diagnosed with peritoneal mesothelioma. This rare form of cancer affects the lining of the abdomen and abdominal organs, known as the peritoneum. When Ms. D.C. filed her lawsuit, she named multiple companies as defendants. However, only one defendant went to trial: Hennessy Industries, a brake grinder manufacturer. After listening to the facts of the case, the jury awarded D.C. $18 million in damages and assigned 15% of the liability to Hennessy Industries.

D.C. had accused multiple companies, including Johnson & Johnson, a giant pharmaceutical company facing tens of thousands of asbestos-related lawsuits, and several auto parts manufacturers, of playing a role in her illness. Although these defendants were not at trial, the jury allocated them 85% of the blame for Ms. D.C.’s peritoneal mesothelioma. The jury agreed with D.C. that the remaining 15% of the responsibility should be assigned to Hennessy Industries’ brake grinder, which D.C.’s father had used for a long time. The jury found that the company had failed to warn users that their grinders contained asbestos, leaving them at risk of unknowingly inhaling asbestos fibers and developing asbestos-related illnesses such as mesothelioma.

Being diagnosed with mesothelioma can be an overwhelming and life-altering experience. A mesothelioma diagnosis can impact a person not only physically and emotionally but also financially and legally. After a mesothelioma diagnosis, swift action is necessary for a person to protect their health, financial security, and legal rights. If you or a loved one has recently been diagnosed with mesothelioma, below is a practical legal survival guide to help you take the right steps.

  1. Understand Your Legal Rights

If you or a loved one has been diagnosed with mesothelioma, the first legal step is understanding your legal rights. Mesothelioma is primarily caused by asbestos exposure, and often, victims are entitled to compensation from negligent companies and individuals. You may have the right to file a claim or lawsuit against those responsible. While money cannot change the diagnosis, it can help with medical expenses, lost income, and future care costs, easing the financial burden on you and your family during this challenging time. Understanding your legal rights allows you to take timely action and increase the chances of a successful outcome.

Victims of mesothelioma have the right to seek compensation for the harm suffered. However, seeking compensation is often a complex legal journey. Expert witnesses play a vital role in mesothelioma cases. But why exactly are expert witnesses crucial in mesothelioma cases? The reason stems from the medical and technical complexities involved in asbestos exposure cases and the burden of proof needed to obtain fair compensation. Expert witnesses can help build a solid case for compensation.

Who is an Expert Witness?

There are two types of witnesses in a mesothelioma case: lay and expert witnesses. Lay witnesses are people who can testify about the facts of the case, such as coworkers, family members, or friends. These people can speak about the plaintiff’s health condition, work history, or daily struggles. Lay witnesses only recount what they have seen or experienced firsthand. They do not offer analysis or opinions.

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

In a recent court ruling, a shipyard’s attempt to claim immunity in a mesothelioma lawsuit was denied, maintaining the company’s accountability for failing to protect workers from asbestos exposure. The case was brought by the plaintiff, N.L., a former employee of Avondale Shipyard, who was diagnosed with malignant mesothelioma decades after working there in the 1970s and 1980s. In his lawsuit, filed in Louisiana state court, he argued that the shipyard had failed to warn him about the dangers of asbestos or take necessary precautions to prevent exposure. The company, which Huntington Ingalls Incorporated now owns, attempted to escape liability by claiming immunity as a federal contractor. However, the court rejected this defense, ruling that Avondale didn’t meet the legal standard for such protection.

In his lawsuit, N.L. names multiple companies, including Huntington Ingalls Incorporated, alleging that his exposure to asbestos dust at the shipyards and outside of work when visiting his coworkers directly contributed to his illness. Avondale moved the case to federal court, arguing that because the ships built at the yard were for the U.S. government, they acted under federal authority and should, therefore, be immune from liability. In response, N.L. filed a petition for summary judgment, challenging the company’s immunity claim.

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