Jury Awards $9 Million in Mesothelioma Wrongful Death Lawsuit Against DuPont

For purposes of this article, the deceased mesothelioma victim in this case will be referred to as E.S.

In a recent ruling, a Delaware jury rendered a verdict of $9 million in favor of E.S.’s family, an Illinois resident who succumbed to mesothelioma. According to the lawsuit, E.S. suffered asbestos exposure from shotgun shells manufactured by the former E.I. DuPont de Nemours & Company. This decision represents one of the largest amounts awarded in mesothelioma cases in Delaware in the state’s recent history.

E.S. received a mesothelioma diagnosis following decades of recreational hunting. Mesothelioma is a rare but aggressive form of cancer that can develop after asbestos exposure. However, this disease rarely develops immediately after exposure. Mesothelioma can develop decades after initial exposure. After investigating the cause of his illness, E.S. discovered that some shotgun shells he had used, including those under the Remington and Peters brands, contained asbestos. He concluded that consistent use of the contaminated shotgun shells during his hunting trips was the most likely cause of his illness. E.S. passed away in March 2022, and shortly after, his family initiated a lawsuit against DuPont Corporation and its subsidiaries.

During the trial, E.S.’s family presented evidence showing that, unlike other manufacturers, DuPont added asbestos to its shotgun shells. The family also presented evidence showing that not only did the defendant fail to warn hunters about the asbestos content, but it also actively hid this information from consumers.

The case scrutinized DuPont’s long relationship with Remington Arms Company. Documentation revealed that after DuPont acquired Remington in the 1930s, the company initially produced shotgun shells without using asbestos for almost three decades. However, in 1960, the time when the dangers of asbestos were starting to become more widely known, the company began incorporating the hazardous mineral into its shotgun shell designs. Apart from DuPont, the lawsuit mentioned another defendant: Sporting Goods Properties, Inc., the company that represents Remington Arms.

A key point in E.S.’s family’s argument was that even though DuPont stopped producing asbestos-contaminated shotgun shells in the 1980s, they never recalled the product or warned about its dangers. Since ammunition can last a long time, these asbestos-containing shells were still available for purchase long after production ended. As a result, hunters like E.S. unknowingly purchased the contaminated shells, putting themselves at risk of inhaling asbestos while using the product.

After listening to the evidence, the Delaware jury ruled in favor of E.S.’s family and awarded the family $9 million. A representative of the family expressed gratitude to the court for finally acknowledging the dangers of asbestos-containing shotgun shells. This is something that had not happened prior to this. According to the representative, they got exactly what they wanted, which is accountability.

The $9 million verdict in this case, which is among the largest verdicts ever awarded in the state, not only reflects the extent of the losses suffered by E.S.’s family but also shows how seriously courts take cases involving failure to warn about and disclose the risks of asbestos-contaminated products.

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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 and your family live a more comfortable life.