American Biltrite Inc., a commercial flooring manufacturer, was hit with a $15,000 verdict on Dec. 4 by a New York jury concerning an asbestos lawsuit.

The asbestos mesothelioma lawsuitalleges that American Biltrite and close to two dozen other companies manufactured asbestos products or asbestos-containing products, which caused a New York man to develop asbestos mesothelioma cancer.

However, the New York state jury found that American Biltrite was only about 3.57 percent liable for the plaintiff’s asbestos cancer condition, which in turn decreased the amount of damages from $400,000 to $15,000.

Plaintiff John C. and his wife filed this asbestos mesothelioma lawsuit against American Biltrite and several other companies in September 2012, alleging that John “continuously worked with and was exposed to the asbestos and asbestos-containing products and materials mined, manufactured, processed, imported, converted, compounded, installed, or sold by the defendants. During the course of his employment, plaintiff was exposed to the defendants’ asbestos and asbestos containing materials to which exposure directly and proximately caused him to develop and asbestos related disease.”

In his American Biltrite asbestos lawsuit, John had requested a total of $20 million in compensatory and punitive damages from all the flooring companies named in the asbestos lawsuit.

However, the New York jury found that the plaintiff, who is allegedly known to be a heavy smoker, is mostly responsible for his lung cancer condition. While asbestos mesothelioma lung cancer primarily forms from asbestos exposure, the condition can allegedly be aggravated and worsened by smoking.

The jury also determined that American Biltrite, B.F. Goodrich, Congoleum Corp., Mannington Mills Inc., and three other defending companies were each liable for about 3.57 percent of John’s asbestos mesothelioma lung cancer. In total, the jury found that the defending asbestos product manufacturers are liable for about 25 percent of the damage in this asbestos mesothelioma lawsuit.

The American Biltrite Asbestos Mesothelioma Lawsuit is Case No. 1900064/2012, in the Supreme Court of the State of New York, County of Onondaga.

History of Asbestos

Asbestos is a naturally-occurring mineral that became a popular building material during the late 1800s until about the early 1990s because it was a cheap and readily available product from which to build homes and businesses.

However, asbestos has since been heavily regulated and limited by the U.S. government and other governments because of its carcinogenic properties. In fact, as early as 1935, asbestos was linked with the eventual development of asbestos mesothelioma lung cancer in individuals who worked with asbestos or asbestos-containing materials and thus inhaled the carcinogenic particles.

What is Asbestos Mesothelioma Lung Cancer?

Asbestos mesothelioma is an rare form of lung cancer that in most cases develops almost exclusively from a patient’s prolonged exposure to asbestos materials. When a person inhales asbestos fibers, these carcinogenic particles can become trapped in the lung’s lining.

Over time, the accumulated fibers can cause inflammation, scarring, tumors, and could potentially lead to the development of mesothelioma asbestos lung cancer. Asbestos mesothelioma cancer is responsible for about 4,800 deaths every year within the United States.

Many individuals have been unknowingly exposed to asbestos materials on the job. Because asbestos mesothelioma has a long latency period, most mesothelioma victims will not express symptoms of asbestos related lung cancer until 15 to 35 years after the initial exposure.

Because of the personal injury allegedly sustained by asbestos mesothelioma victims, many individuals and family of deceased individuals have chosen to pursue asbestos mesothelioma lawsuits or have joined existing asbestos mesothelioma class action lawsuits in order seek damages from asbestos material manufacturers.