Asbestos & Mesothelioma Law Blog
For purposes of this article, the victim in this case will be referred to as D.G.C.
In a recent case, a Florida jury awarded $18 million in damages to a 64-year-old woman, D.G.C., who was diagnosed with peritoneal mesothelioma. According to the jury, the victim’s illness was caused by secondary asbestos exposure from brake dust, specifically from a brake-grinding machine that her father and brothers used in their auto repair shop.
Mesothelioma is a rare and aggressive cancer that is caused by asbestos exposure. When a person inhales airborne asbestos fibers, these tiny fibers can lodge in the lining of the lungs, abdomen, or heart, resulting in inflammation, scarring, and possibly tumor development. Peritoneal mesothelioma is the second most common type of this cancer, accounting for 10% to 20% of all mesothelioma diagnoses. This form of cancer affects the peritoneum, the membrane lining the abdomen and abdominal organs. Symptoms of peritoneal mesothelioma often take a long time to appear, making diagnosis challenging and the prognosis poor.
While many cases of peritoneal mesothelioma occur due to direct occupational asbestos exposure, D.G.C.’s illness highlights the dangers of secondary asbestos exposure. Secondary asbestos exposure happens when someone who works directly with asbestos or asbestos-contaminated materials carries asbestos fibers home on their clothing, skin, or hair. In D.G.C.’s case, her father and brothers worked in an auto shop where they used an asbestos-laden brake grinder. Each time they would grind customers’ brakes, the machine would emit asbestos-contaminated dust. They would carry asbestos dust on their bodies and clothes when they returned home. Ms. D.G.C. was exposed to this dust, which contained chrysotile asbestos, which she blames for her illness.
Hennessy Industries, the successor to AMMCO, was named one of the defendants in the personal injury lawsuit. The company manufactured the brake-grinding machine that the victim’s father and brothers used at their auto shop. The lawsuit asserted that the company failed to adequately warn users about the dangers of asbestos-contaminated dust emitted while using their brake grinders. However, Hennessy Industries denied responsibility, arguing that the asbestos in their products does not cause peritoneal mesothelioma in women. Thankfully, the victim’s expert presented compelling testimony linking her illness to years of second-hand asbestos exposure. The expert witness persuaded the jury that the brake grinders significantly contributed to Ms. D.G.C.’s peritoneal mesothelioma.
Defense attorneys tried to deflect blame by pointing to other possible explanations. Specifically, they tried to argue that Ms. D.G.C.’s illness may have been caused by genetic factors or exposure to asbestos in other companies’ products, such as auto body filler or cosmetic talc products. They also defended Hennessy’s actions, saying that the company made efforts to comply with federal safety regulations. They noted that after OSHA issued its first asbestos regulations in 1972, the company started testing products, putting warnings on new tools, and informing customers of the dangers. Despite this, Hennessy was still declared negligent.
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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 you live a more comfortable life.