Penn Gets 16 Million in Mesothelioma Verdict

August 13, 2008

Marvin Penn was diagnosed with mesothelioma and, in June, was awarded a 16 million dollar verdict in an asbestos-related lawsuit.    This is believed to the first asbestos lawsuit that named a dental tape manufacturer as a defendant.

Marvin was a postal carrier who was thinking of changing jobs in the 1960’s so he enrolled in a dental technician school.  There he was exposed to asbestos in making dental castings because the dental tape used contained asbestos.

Initially, there were two dental tape manufacturers named in the suit but one, Dentsply, settled before the verdict.  Twenty percent of the liability was assigned to Dentsply; another twenty percent was assigned to Kerr Corporation, the other dental tape manufacturer.

Penn also worked at a post office near the World Trade Center  and was there at a time when the building was being sprayed with an asbestos spray.  The jury attributed 40 percent of the liability to the spray.

The remaining 20 percent of the liability was assigned to Todd Shipyards where Penn’s father had worked as a steamfitter.  Therefore, Penn had risk of secondary asbestos exposure.

Interesting case and verdict.  Who would have thought that dental tape contained asbestos?  Another point made in this decision is how even the secondary asbestos exposure can lead to lung disease such as mesothelioma and asbestosis.


Mesothelioma Verdict - 12 Million

May 31, 2008

Having received a jury verdict of twelve million dollars, James Grumley has settled with Garlock Sealing Technologies for a confidential amount. Grumley was diagnosed with malignant pleura mesothelioma in 2006 after having worked for decades as a boiler mechanic at a Johnsonburg paper mill. For all those years he was exposed to asbestos on the boilers as well as the asbestos gaskets and rope packing.

“Jim Grumley’s cancer was entirely preventable. Asbestos was just too
profitable for Garlock. The worst thing about it is that instead of
promptly eliminating asbestos from their gaskets and packing once they knew
what asbestos could do, Garlock chose to spend decades devising ways to
cover up the cancers its asbestos products cause,” said
attorney John Langdoc.

“It breaks my heart because he did everything right,” said his son Bob.
“He raised us, he educated us, he labored for us. He did everything right
and he shouldn’t have to go through what he’s going through. No man, no
person should have to go through what’s facing him.”


$20 Million Verdict in California for Mesothelioma Diagnosis

March 16, 2008

A film actress and singer who developed the terminal cancer mesothelioma, and her husband, have won a $20 million damage claim against manufacturers of asbestos home remodeling products, according to the San Francisco Chronicle.

Daniel and Joan Mahoney, who starred in a 1960s B movie, “Psycho a Go-Go,” sang in nightclubs and toured with the USO, will claim a portion of the award, $7 million from Georgia Pacific Corp., the only defendant that didn’t previously settle, according to the Chronicle.

Source: TheDailyGreen


$30 Million Mesothelioma verdict in New Jersey

February 28, 2008

This is possibly one of the largest asbestos verdicts in New Jersey.

The disease killed 50-year-old Mark Buttitta in 2002, although he had only handled auto parts containing asbestos while working summers at giant GM warehouses in New Jersey, Maimon said.

However, Buttitta’s father worked there, and his brother also spent summers at the warehouse, the lawyer said.

The three men wore the same work clothes for several days “bringing home cancer-causing fibers every day from work, unknowingly letting the microscopic fibers fragments waft throughout their home and settle,” said Maimon, who specializes in asbestos cases.

“Worse yet, as a young boy Mark would sit on his dad’s lap _ or next to him on the sofa _ every night to watch TV, and was innocently exposed to asbestos,” he said.

The six-person Bergen County jury on Tuesday found against Asbestos Corp. Ltd. of Canada, which provided material for GM brakes, and BorgWarner Inc. of Michigan, which made clutches.

Source:  Newsday.com


New Mesothelioma verdict in Baltimore

February 8, 2008

$15.3 Million was the answer for a 70+ yer old man who has mesothelioma.

A Baltimore jury ordered a sealant company yesterday to pay a 73-year-old man $15.3 million after determining that he developed mesothelioma from exposure to asbestos-containing products made by the company, the plaintiff’s lawyer said.

George J. Linkus worked at Key Highway Shipyard from 1952 to 1959, said his lawyer, David L. Palmer.

In 1954, Linkus moved to the machine shop and worked on lining valves using rope made by the defendant, John Crane Inc.

The jury found that the rope used by Linkus contained asbestos, Palmer said.

Mesothelioma is a cancer directly linked to asbestos. Yesterday’s verdict concluded a three-week trial.

This case shows how important it is to do a product search. One of the first things we do with a mesothelioma case is look to see what possible products a person is exposed to. You HAVE to do this and spend time thinking about it.

We could fill a book with the different types of products:

  • raw insulation
  • pipe lining
  • sealants
  • plaster
  • and many others.

Source:  http://www.baltimoresun.com