Punitive Damages Awarded in Asbestos Lawsuit

Plaintiffs of asbestos lawsuits in California can recover punitive damages if they can prove that the defendant, either the manufacturer of the asbestos containing product or the employer, was guilty of oppression, fraud, or malice.   Harm to the plaintiff can be as a result of direct malice or intentional trickery or deceit.

For almost a hundred years, asbestos was added to thousands of commercial, construction and industrial products.  Asbestos was affordable, available, and well known for its fire and heat resistant properties.  Initially, it was not known that asbestos also caused serious illnesses, such as asbestosis, mesothelioma and lung cancer.  But as early as the 1930’s, medical researchers were linking exposure to asbestos with disease in workers.  This knowledge was shared in the medical and scientific worlds, as well as with manufacturers of products and employers using asbestos containing products.

Clear evidence shows that major manufacturers and employers knew of the dangers of asbestos and yet failed to warn or protect workers.  That is why asbestos and mesothelioma lawsuits often include punitive damages on the basis that defendants knew or should have known and taken measures to prevent harmful exposure.

A perfect recent example of awarding punitive damages was the recent judgment of $7.2 million for a plumber, Larry Stewart, and his wife.   Stewart was a plumber who developed a fatal asbestos cancer known as mesothelioma as a result of occupational exposure to asbestos (Stewart v. Union Carbide Corporation, B216193).  In this case, it was concluded that the manufacturer of the asbestos containing product knew of the dangers and yet failed to warn, prevent or protect employees from exposure to the carcinogenic mineral.

Punitive damages, unlike general damages or compensation for loss, are meant to deter others from causing physical harm that was foreseeable and therefore could have been prevented.   Had asbestos manufacturers and employers acted on the knowledge they had and been responsible, millions of people worldwide would not be at risk of fatal cancers and diseases now.

This entry was posted on Wednesday, December 15th, 2010 at 2:48 pm and is filed under asbestos attorneys. You can follow any responses to this entry through the RSS 2.0 feed.

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Mesothelioma victim unable to complete lawsuit

Helen Wickings from Wallington, UK has died from mesothelioma in the midst of her suit against Inland Revenue tax offices. Mrs. Wickings, who was 65 when she died, had filed against offices in Croydon and Epsom believing her work at these locations exposed her to asbestos fibers.

Mrs. Wickings said the dusty archives at the Croydon location and the exposed pipes of the boiler room in Epsom were the sources of asbestos fibers that led to her case of mesothelioma. Her jobs required her to spend time in both places, filing in the archives of Croydon and reading meters in the Epsom boiler room.

Mrs. Wickings’s case had been postponed while her solicitors gathered additional evidence. It was Mrs. Wickings’s hope that compensation won in the case would provide for her disabled husband, Ernie, after she was gone.

Asbestos is thought to be the sole cause of rare cancer mesothelioma. Although safe if contained, airborne asbestos fibers pose a health threat if inhaled. Mesothelioma development can begin in the lung lining and lining of other abdominal cavities if asbestos fibers are inhaled into the lungs. This development takes twenty to fifty years to demonstrate symptoms often going unnoticed until then. When symptoms do begin they mimic those of bronchitis and pneumonia making diagnosis difficult.

Following diagnosis of mesothelioma, patient life expectancy is short, averaging eighteen months. Mesothelioma treatments are available and include surgery, chemotherapy, radiation therapy or palliative care. There is no known cure for mesothelioma.

Mrs. Wickings said of her condition, “I thought it might be bronchitis or pneumonia at first, it just started as a bad cough.” She became aware of the need for heightened asbestos and mesothelioma awareness. “This needs publicity, because other people need to realise they might have been in danger,” she said.

Mrs. Wickings’s health deteriorated quickly in her last few months. Once active and exercising regularly, she began to struggle with walking.

Her sister, Janet Martin said, “It was not until after Christmas that she began to go downhill very rapidly. She was struggling at Christmas but got through it and was able to spend it with her family.” She continued, “She was a wonderful woman, she was always taking the initiative. She was very active and loved growing vegetables in her allotment.”

An estimated fifteen to twenty thousand people die of mesothelioma annually around the world. The World Health Organization expects that number to quickly increase to ninety thousand if asbestos use is not drastically minimized.

This entry was posted on Wednesday, February 2nd, 2011 at 6:54 AM and is filed under General, News. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.

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Whistleblower of Asbestos Wins Lawsuit

Ray Barker, a weatherization employee of the Genesee County Community Action Resource Department in Colorado, won a $250,000 settlement in his case claiming wrongful termination after warning of potentially exposing himself and customers to asbestos.  GCCARD is a local county department organization that assists low income residents.  One of the services they provide is weatherization to homes as part of reducing energy costs to homeowners.

Ray Barker was in charge of installing insulation for home owners as part of that free program to help homeowners who need new insulation but cannot afford to pay.  He would remove and replace old insulation, usually from older homes.  He became aware that most insulation in any home built before 1980 contained asbestos, a harmful fiber that causes serious illnesses such as mesothelioma, asbestosis and lung cancer.

Barker informed his employers that he suspected the old insulation to contain a form of asbestos called vermiculite, a mineral that come from a mine in Libby, Montana and used in the majority of insulations.  He also informed them that he believed the process of removing it was creating a risk of exposure to all in the vicinity.  Shortly after bringing this to his employer’s attention, he was fired from his job.

Barker filed a lawsuit, which was recently settled in his favor.  A whistleblower lawsuit is when a person, or group of people, raises an alert about an alleged wrongdoing that is putting the general public at risk.  In this case, Barker was afraid that the not only the removing but also installation of new insulation that still contained vermiculite created a danger to homeowners of exposure and the potential to develop asbestos related diseases.

The Executive Director of GCCARD, Steven Walker, denied that Barker was fired for pointing out the risk, and also that Barker is exaggerating the danger.  Walker points out that GCCARD researched the issue and made necessary changes to the process to ensure safety.

In the end, GCCARD now provides warnings to homeowners, training for workers, and safer installation procedures and Barker received a settlement in his favor.

This entry was posted on Wednesday, December 15th, 2010 at 11:29 am and is filed under Asbestos Exposure. You can follow any responses to this entry through the RSS 2.0 feed.

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Mesothelioma Lawsuit Settlements

mesothelioma lawsuit settlements

Though the deadly effects of exposure to asbestos were documented years ago, it is still used in many commercial applications worldwide.  Companies have made great strides to keep workers safe from the effects of asbestos exposure; however, each year many people still become the victims of corporate negligence and develop asbestos-related diseases.

If you or a loved one has been diagnosed with mesothelioma, you may be considering a lawsuit.  Many Americans have received relief in the form of a legal award of compensation for damages or through a settlement with the manufacturer and/or employer.  The relief may cover medical expenses, lost wages, and other related costs.

Each year, large corporations make billions of dollars, sometimes by risking the lives of the ones who work so hard for them.  While most jobs have some kinds of risks, it is the employer’s duty to protect their employees and to let them know of potential risks.  When these ethical duties are not abided to, a lawsuit also holds the companies accountable for their actions and hopefully prevents others from acting in such a callous and reckless manner.

A mesothelioma lawsuit should be considered with great care.  Obviously, the defendant (the company being sued) will try to avoid paying any compensation, or by paying as little as possible.  A company that works with asbestos or has worked with it in the past may have already been sued many times, and may already have a team of lawyers and a suite of defense tactics ready and waiting.  They have experience and can use that experience gained over time to their advantage.

The most important aspect of initiating legal action is to locate an experienced mesothelioma attorney.  Normally, people choose a lawyer based on the advice of someone they trust. In the case of an asbestos-related lawsuit, however, you need to take the decision process somewhat further than that.  You need an attorney who know the ins and outs of this subject and has more knowledge and experience at this specific type of lawsuit than their opponent.

An experienced mesothelioma law firm will be able to help you through the complex legal process.  They usually don’t charge the client for their services for the lawsuit, but they do receive a percentage (usually between thirty and forty percent of the total amount awarded to the client) from the mesothelioma settlement.

During the case there will be many decisions to make, especially if the defendant offers a settlement.  Thankfully, a highly competent law firm with experience in asbestos-related cases can make this process much easier to go through.

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Mesothelioma Litigation, Attorneys, Settlements, Law Firms

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This entry was posted on Wednesday, December 1st, 2010 at 5:45 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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