Ashley Milano  |  February 8, 2016

Category: Consumer News

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

human body under X-rays isolated on white with highlighted lung cancerIn recent asbestos litigation news, the Georgia Supreme Court has been asked to vacate a $4.1 million verdict against Scapa Dryer Fabrics, holding that the plaintiffs’ expert witness in an asbestos lung cancer lawsuit met the scientific standard set by the U.S. Supreme Court in 1993.

Attorneys for Scapa Dryer Fabrics Inc. urged the Court to reject the plaintiffs’ expert witness testimony, asking it to overturn a 2010 asbestos lung cancer verdict against the textile company, which made fabric containing asbestos. The science behind the testimony in question “simply does not satisfy Daubert scrutiny,” the defendant argued.

The testimony at the center of the appeal is referencing the U.S. Supreme Court’s 1993 ruling in Daubert v. Merrell Dow Pharmaceuticals, which held that trial experts’ testimony must be based on generally accepted science.

Scapa took issue in the appeal with a list of decisions made by Waycross Circuit Judge Michael DeVane, but the main point of contention in oral arguments was the judge’s denial of Scapa’s Daubert motion to disqualify the plaintiff’s’ expert witness, Dr. Jerrold Abraham. Dr. Abraham is a pathology professor and department head at the State University of New York Medical Hospital in Syracuse.

Scapa’s lawyers argued that Abraham’s “cumulative exposure” theory was the same as another theory that has been widely discredited, known as “any exposure” theory, which says that every exposure to asbestos contributes to disease.

Attorneys for the plaintiff argued that the two theories are completely different.

Plaintiff Roy K. was an independent contractor doing sheet metal work in the Scapa plant between 1967 and 1973. Now 75, he suffers from mesothelioma, a fatal form of asbestos lung cancer caused by inhaling asbestos. Roy won a $10.5 million verdict after a month long trial.

Forty percent of the verdict was apportioned to Scapa. Scapa’s $4.1 million portion of the asbestos lung cancer verdict, plus accumulated interest, would be more than $5 million now.

What Is Asbestos?

Asbestos refers to a group of six types of naturally occurring minerals. Asbestos minerals are made up of fine, durable fibers and are resistant to heat, fire and many chemicals. Once called the “miracle mineral” for such properties, asbestos was used in a slew of everyday products from building materials to fireproof protective gear.

It is now widely known that introduction of asbestos to the lungs can cause lung cancer and mesothelioma, a fatal cancer that affects the lining of the lungs. Asbestos in the lungs can also cause be the cause behind other cancers and lung-related illnesses.

Lung Cancer from Asbestos Exposure

Even though the average asbestos levels in buildings today seem to be very low, an estimated 3 million employees in construction and general industry face a significant risk of lung cancer from asbestos exposure on the job. Most people who develop lung cancer from asbestos were exposed to toxic asbestos levels during their careers.

In order to pay for the cost of treatment and other damages, patients and families file asbestos cancer lawsuits against manufacturers.

The dangers of asbestos to human health were known for decades by manufacturers and others in the asbestos industry, yet those dangers were not publicized. That failure led to a massive U.S. asbestos tort, one that permits people who inhaled asbestos and developed asbestos lung cancer to file lawsuits over their illnesses.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual asbestos lawsuit or asbestos class action lawsuit is best for you. [In general, asbestos lung cancer lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

Learn More

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.


Get Help – It’s Free

Join a Free Asbestos Lung Cancer Class Action Lawsuit Investigation

If you or a loved one were exposed to asbestos and developed mesothelioma, lung cancer, or cancer in the lining of the lungs, abdomen or chest cavity, you may be able to take legal action against the companies responsible. Don’t delay – in most states the statute of limitations is two years to file an asbestos lawsuit after you’re diagnosed. Obtain a free and confidential case evaluation be filling out the form below.

An attorney will contact you if you qualify to discuss the details of your potential case at no charge to you.

  • The law firm responsible for the content of this page is: Sokolove Law
  • Please note that if your diagnosis was more than 4 years ago, you do not qualify for compensation.
  • We tell you about cash you can claim every week! Subscribe to our free newsletter today.
  • Hidden
    By checking this box, I consent to receive from Top Class Actions marketing emails and/or marketing calls or text messages sent by an automatic telephone dialing system. I consent to Top Class Actions providing my phone number and email address to the lawyers or their agents sponsoring this investigation, and their co-counsel, if any, and I consent to receive marketing calls, text messages, and/or emails from those lawyers or their agents. I understand that this authorization overrides any previous registrations on a federal or state Do Not Call registry. You may opt out at any time. You can review Top Class Actions' Terms and Conditions and Privacy Policy here.
  • This field is for validation purposes and should be left unchanged.

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.