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The Court of Appeals of Washington Rejects Caterpillar’s Arguments and Allows Navy Veteran’s Widow to Recover $4.5 Million Award

July 22, 2023 | Throneberry Law Group

For purposes of this article, the deceased Navy veteran will be referred to as E.E.

In a recent mesothelioma case, the Court of Appeals of Washington rejected arguments that Caterpillar presented and allowed a Navy veteran’s widow to recover a $4.5 million jury award. Before Navy veteran E.E. died of mesothelioma, he and his wife filed a legal claim against several companies they blamed for the illness. E.E. and his wife claimed that E.E. suffered asbestos exposure because of working with asbestos-contaminated pipe insulation while serving aboard the USS Curtiss. The USS Curtiss was the first purpose-built seaplane tender made for the U.S. Navy. E.E. and his wife also claimed that between 1955 and 1967, E.E. suffered asbestos exposure while working for several employers as a mechanic doing maintenance work on Caterpillar bulldozers. Apart from Caterpillar Inc., all the companies that were sued settled the claim out of court. Caterpillar Inc. filed a motion for summary judgment, but the court denied it. This resulted in the case against Caterpillar Inc. proceeding to court.

Unfortunately, the Navy veteran died before his case could be concluded. Fortunately, before E.E. passed away, he recorded a deposition about how he was exposed to asbestos. So in court, the jury listened to this testimony. The jury also listened to testimony from some expert witnesses and a corporate representative of the defendant. After listening to all testimonies, the jury members decided to award approximately $6.5 million in damages. E.E.’s estate was awarded $331,928 for economic damages and $3 million for E.E.’s pain and suffering. E.E.’s wife was awarded $2 million for loss of consortium, and E.E.’s children were awarded a total of $700,000. The $6.5 million award was offset by $1.5 million for other settlements that had already been reached, so in the end, the award stood at $4.5 million.

Some Crucial Things to Know About Mesothelioma Claims

July 1, 2023 | Throneberry Law Group

A mesothelioma claim is a legal action that allows mesothelioma patients and their families to recover compensation for the harm suffered. When someone develops mesothelioma because of another party’s negligence, they or their family can file a legal claim and recover financial compensation. Mesothelioma is an illness that occurs after someone is exposed to asbestos. This illness develops after loose asbestos fibers are inhaled or ingested.

If you believe you have a mesothelioma claim, there are some things you need to know about mesothelioma claims. Below, we discuss three crucial things you need to know about mesothelioma claims.

Types of Mesothelioma Claims

Questions to Ask After a Mesothelioma Diagnosis

February 12, 2022 | Throneberry Law Group

If you just learned that you have mesothelioma, there is a lot you need to know, and so it is understandable if you have a lot of questions on your mind. It is vital that you ask your cancer care team all those questions. You should ask all questions without worrying that a question is irrelevant or small. When it comes to mesothelioma, no question is small or irrelevant. Mesothelioma is a complicated and aggressive disease, so it is crucial that you ask all the questions you can think of. If you cannot get an answer to a question, ensure you keep pushing for an answer.

However, although no question is small or irrelevant, it is crucial that you ask certain questions. The following are some of the specific questions the American Cancer Society recommends asking after being told you have mesothelioma;

What type of mesothelioma am I suffering from?

ADAO and its Allies Score Big Win as EPA Agrees to Broader Asbestos Risk Evaluation

October 22, 2021 | Throneberry Law Group

Across separate settlements, the U.S. Environmental Protection Agency (EPA) commits to accelerate and strengthen asbestos risk reevaluation under the Toxic Substance Control Act (TSCA). On October 13, 2021, the Asbestos Disease Awareness Organization (ADAO), an organization dedicated to preventing asbestos exposure, said that the organization and its allies had reached settlements with EPA regarding the toxic mineral that causes mesothelioma. These settlements come after a heated legal battle over a contentious risk assessment. ADAO and its allies have been pushing for a comprehensive second risk evaluation for asbestos for some time now and are glad they struck these settlements with the EPA. According to the president and co-founder of ADAO, Linda Reinstein, a more robust and comprehensive evaluation will better document the massive harm asbestos continues to cause in America.

As per the deal, the Environmental Protection Agency will finish the second risk assessment by December 1, 2024. The second risk evaluation is expected to address the deficiencies in the first risk evaluation. In an agreement, the EPA agreed to, among other things;

Expand its second risk evaluation to include all six asbestos fiber types instead of only chrysotile asbestos.

Court Allows Mesothelioma Cancer Lawsuit to Proceed Against Retailer

May 9, 2021 | Throneberry Law Group

A New York state court recently issued an important ruling in an asbestos cancer lawsuit preventing one of the defendants from attempting to have itself removed from the case and potentially escape liability for its role in the victim’s cancer diagnosis. With the court’s ruling, defendant retailer Lot Less will remain as a defendant to the case while the plaintiff proceeds with the information gathering phase of the litigation in order to establish exactly what the business knew about the safety of the products it sold to consumers like the victim in this case.

According to the mesothelioma cancer lawsuit, filed in the Supreme Court of New York County in 2018, the now deceased plaintiff developed malignant mesothelioma cancer from years of using Johnson & Johnson’s Baby Powder, which was contaminated with deadly asbestos fibers. The plaintiff contends that not only Johnson & Johnson should be held liable for manufacturing the carcinogenic talc-based product, but also retailer Lot Less for selling the product to consumers like the victim. Other defendants named in the case included Bristol-Meyers Squibb, Cyprus Amax Minerals Company, and Whittaker Clark & Daniels.

In its motion for summary judgment, Lot Less argued that the family of the victim, who brought the suit on her behalf, had not yet proven that the Johnson & Johnson product in question actually contained asbestos. Further, the company argued that sellers of defective products generally have an implied right to indemnification, that is that they cannot be held liable for legally selling a product that a manufacturer produced. Fortunately for the plaintiff, the judge hearing the case determined that it would be premature to remove Lot Less from the case since the underlying liability had not yet been established.

Could Artificial Intelligence Help in the Fight Against Mesothelioma?

April 26, 2021 | Throneberry Law Group

British researchers recently published findings in genomics studies which used artificial intelligence to help study mesothelioma, a rare and deadly form of cancer caused by exposure to carcinogenic asbestos fibers. The hope of the findings is that the research and analysis could help improve patient outcomes and improve the prognosis for those who are diagnosed with the as of right now incurable disease, and potentially help find answers to a cure for mesothelioma.

The research undertaken by the University of Leicester Mesothelioma Research Programme reveals that, using AI analysis of DNA-sequenced cancer cells, the disease evolves along similar and repeated paths between individuals. Those paths predict the overall aggressiveness and could show possible individualized therapies which could be applied to help fight the disease.

Professor Dean Fennell, Chair of Thoracic Medical Oncology at the University of Leicester and Director of the Leicester Mesothelioma Research Programme, said “It has long been appreciated that asbestos causes mesothelioma, however, how this occurs remains a mystery. Using AI to interrogate genomic ‘big data’, this initial work shows us that mesotheliomas follow ordered paths of mutations during development and that these so-called trajectories predict not only how long a patient may survive, but also how to better treat cancer – something Leicester aims to lead on internationally through clinical trial initiatives.”

Estate of Missouri Mesothelioma Victim Settles Asbestos Cancer Claims

May 18, 2020 | Throneberry Law Group

The family of a Missouri man recently settled an asbestos cancer claim on behalf of his estate. They reached a resolution out of court under the state’s mesothelioma benefits law, which allows employers to pay claims through a group insurance plan. As part of the settlement, the deceased’s estate will recover more than $791,000 in damages in exchange for the plaintiffs dismissing claims against the defendants.

According to the asbestos cancer lawsuit, filed in December, 2018 in the 22nd Judicial Circuit in St. Louis, Missouri, the victim developed a rare form of asbestos-related cancer from years of working with carcinogenic products developed by the defendants. Media reports show that the defendant worked for Central Electric Power Cooperative in Chamois, Missouri, for 17 years ending in 1982. The plaintiff’s lawsuit alleged that his exposure to asbestos laden products occured from 1962 to 1977.

As a result of his years of exposure to products containing asbestos, the defendant was diagnosed with mesothelioma in November 2017 and sadly passed away while litigation in the case was pending. His surviving family members carried on the claim on his behalf against the defendants, among which included his former employer Central Electric Power Cooperative, General Electric, Ford Motor Company, and a whole host of other industrial companies and others manufacturing products containing asbestos.

Longtime Johnson & Johnson Talc Supplier Shops Sale of U.S. Operations

February 2, 2020 | Throneberry Law Group

Johnson & Johnson’s long time talc supplier is reportedly shopping the sale of its North American talc operations after filing for bankruptcy under the weight of thousands of asbestos cancer lawsuits in which the company was enjoined with the pharmaceutical and cosmetics giant. Those lawsuits, which thus far have produced billions in plaintiffs verdicts, claim that Johnson & Johnson and Imerys produced and marketed talc-based products like Baby Powder and Shower to Shower which contained deadly asbestos fibers and caused the victims’ debilitating and often fatal health conditions.

Among the assets up for supposed sale, Imerys is reported to consider selling strategic alternatives that could include the sale of business in North America as a whole. In February 2019, Imerys filed for Chapter 11 bankruptcy protection, citing that the company was facing more than 14,000 lawsuits in the United States at the time. Reports stress that deliberations are still at an early stage and that no final decisions have been reached as of yet.

The reports are significant in that the proceeds from the sale of Imerys’ North American talc operations could be used to fund settlements of talcum powder cancer lawsuits, through some form of a trust. To do so, Imerys would ultimately need to negotiate with creditors, which would include insurers and those parties involved in asbestos cancer lawsuits.

New Jersey Jury Hands Down $37.3 Million Verdict in Talcum Powder Mesothelioma Lawsuit

October 27, 2019 | Throneberry Law Group

A New Jersey state jury recently handed down a substantial $37.3 million verdict to a group of plaintiffs who claim they developed mesothelioma cancer from years of using talcum powder products that the defendants allegedly knew contained asbestos fibers. The jury handed down the asbestos cancer verdict after two months of testimony, deciding that pharmaceutical and cosmetics giant Johnson & Johnson knowingly developed and marketed a dangerous product to consumers but provided no warning labels to consumers about the risks.

According to the talcum powder cancer lawsuit, filed in a Middlesex, New Jersey Superior Court, the four plaintiffs all developed serious forms of cancer as a result of their parents using talc-based products, such as Baby Powder and Shower to Shower, on them as children. The trial took place in Brunswick, New Jersey, the headquarters for Johnson & Johnson, which currently faces thousands of similar trials in state and federal courts across the country.

Attorneys for the plaintiff presented evidence to the jury appearing to show that executives at Johnson & Johnson knew for decades about the presence of asbestos fibers in the talc used to create its iconic Baby Powder and Shower to Shower. The plaintiffs highlighted internal company tests, which showed the presence of asbestos in the talc, discussed in the memos as proof the company knowingly sold a dangerous product without warning innocent victims.

New York City Judge Denies Boiler Manufacturer’s Motion to Dismiss Mesothelioma Lawsuit

September 28, 2019 | Throneberry Law Group

A New York City judge recently handed down an important ruling in a mesothelioma cancer lawsuit brought by a former electrician who claims the defendant, a boiler manufacturer, caused his mesothelioma by exposing him to deadly asbestos fibers. The lawsuit names Lancaster, Pennsylvania-based Burnham LLC as the defendant, alleging the company knowingly produced and shipped products that required after-market parts made with asbestos, specifically asbestos-cement used as an insulation for the equipment.

The plaintiff, now unfortunately deceased, claimed in his lawsuit that during his time as an electrician with his employer, Vanderlin Electrical Contractors, he frequently worked with boilers manufactured by Burnham LLC. The victim claimed that the units delivered by the defendant to his job site at Wesleyan College without the required insulation “jacket” and that insulation workers also on site had to mix asbestos cement to create the insulation needed to complete installation.

Furthermore, the plaintiff, in his sworn deposition testimony before his passing, recalled he was required to remove the very same asbestos insulation on the boilers in order to access valves on the boilers, and would breathe in the dust created during both the application and removal of the insulation. As a result of years of exposure to asbestos fibers in the course of working on boilers produced by Burnham LLC, the plaintiff claimed he developed mesothelioma cancer, a rare and deadly form of cancer directly linked to asbestos exposure.