In April, a Pennsylvania Court of Appeals ruled that two damages verdicts totaling to a combined $4.8 million award in two asbestos mesothelioma lawsuits were justly awarded, finding that the plaintiffs had not cashed out twice on the same damages, despite defendants’ arguments. Theese asbestos mesothelioma lawsuits were filed by two women who allege their husbands developed mesothelioma lung cancer after long-term exposure to asbestos fibers and asbestos containing materials used or manufactured by the husbands’ employers Crane Co., E.I. DuPont Nemours & Co., and numerous other named defendants.

Specifically, Crane Co. has appealed these two asbestos mesothelioma lawsuit verdicts, arguing that the plaintiff wives should not be paid for both the wrongful death and loss of consortium claims. According to the asbestos mesothelioma lawsuits, a Court of Common Pleas awarded plaintiff Thomas A. and his wife Jean $2.5 million for their asbestos mesothelioma claims, while another Court of Common Pleas awarded plaintiff and widow Charlotte V. $2.3 million for her wrongful death and loss of consortium claims.

The appellate panel preceding over these asbestos mesothelioma lawsuits disagreed with Crane Co.’s arguments, finding that because wrongful death claims seek damages after a plaintiff’s death and loss of consortium claims seek damages during the remaining life of the injured party, the resulting monetary awards to do not stem from the same damages, and therefore the plaintiffs are not double dipping.

According to the appellate court, “Contrary to Crane’s argument, there is no duplication of damages, as one award is for pre-death loss and the other for that sustained post-death. Thus, the trial court did not err in denying post-trial relief on this claim.”

The Asbestos Mesothelioma Lawsuits are Case Nos. 2344 and 2388, in the Superior Court of Pennsylvania.

What is Asbestos Mesothelioma Lung Cancer?

Asbestos mesothelioma is a rare lung cancer that develops after prolonged exposure to asbestos fibers. When a person inhales asbestos fibers, the cancer-causing particles become trapped in the lung lining, thus causing inflammation, scarring, and tumors. These asbestos complications eventually lead to the development of asbestos mesothelioma lung cancer. According to recent medical reports, asbestos mesothelioma lung cancer is responsible for an estimated 4,800 deaths every year within the United States.

Plaintiff Thomas A. worked as a boilermaker from 1972 to 1980 in the Philadelphia Naval Shipyard, where he was allegedly exposed to products containing asbestos fibers. According to the asbestos lawsuit, he developed malignant asbestos mesothelioma in 2012 and sued 24 different companies, including Crane Co.

Similarly, Frank V., deceased husband of plaintiff Charlotte V., was employed as a sheet metal worker from 1951 to 1985 by E.I. DuPont Nemours & Co.’s Chambers Works plant in New Jersey. His wife’s asbestos mesothelioma lawsuit alleges Frank regularly installed and manufactured gaskets containing asbestos fibers that were allegedly produced from Crane Co’s Cranite. Eventually, Frank developed malignant mesothelioma, which led to his untimely death.

Many individuals, like Frank and Thomas,  have been unknowingly exposed to asbestos materials on the job and were not notified of the presence of this known carcinogen by the their employers. Additionally, because asbestos mesothelioma has a long latency period, most mesothelioma victims will not show asbestos mesothelioma lung cancer symptoms until 15-35 years after the first asbestos exposure.

Occupations with a high risk of asbestos exposure include:

• Paper mill workers
• Construction workers
• Textile workers
• Insulation installers
• Sheet metal workers
• Roofers
• Toll collectors
• Tilers
• Linotype technicians
• Plumbers

Many individuals and family of deceased individuals like Jean and Charlotte have decided to pursue asbestos mesothelioma lawsuits or joined existing asbestos mesothelioma class action lawsuits, seeking compensation from asbestos product manufacturers as well as employers who knowingly exposed workers like Thomas and Frank to asbestos-containing materials.