A Georgia couple awarded $10.5 million in an asbestos lung cancer lawsuit are still waiting to hear if nearly half of the judgement will be reversed.

Plaintiff Roy K. and his wife were originally given a $10.5 million verdict after a month long trial against three defendants in 2010. Now five years later, the couple is still waiting to find out whether the Georgia Supreme Court will reverse the verdict against one of the named defendants, who later appealed the ruling of a trial court judge.

One of the named defendants in the asbestos cancer lawsuit was Scapa Dryer Fabrics Inc., who later appealed their portion of the awarded judgment of $4 million.  Scapa’s attorney filed the appeal based on what he claimed to be numerous mistakes made by the Waycross Circuit Judge Michael DeVane.

According to Scapa’s defense attorney, Judge DeVane was lacking in experience with this type of complicated asbestos litigation. The appeal protests the verdict based on allegations of inadequate evidence, the accuracy of expert witness testimony, some of the jury charges, and Judge DeVane’s rulings.

Scapa’s attorney brought 13 claims of error to the Georgia Court of Appeals in March, but by a 5-2 vote, the court confirmed the calls of 11 of the alleged 13 errors made by DeVane.

Roy, who was diagnosed with asbestos mesothelioma, is 75-years old and is undergoing chemotherapy for his condition. His attorney claims that this setback is part of strategy by Scapa, because verdict awards typically lessen after a plaintiff’s death.

If the Georgia Supreme Court decides to review Georgia’s Court of Appeals’ decision, Scapa will be able to argue their case again. If the Supreme Court denies the request, then the verdict reached by Circuit Judge DeVane will stand.

Asbestos Lung Cancer Risks

Mesothelioma cancer is linked almost exclusively to continuous exposure to asbestos, which is found in construction material and automobile parts. Asbestos mesothelioma cancer can take decades to build-up, but can spread throughout the body in a mere few months. Recent studies have determined that asbestos exposure is the cause of death of 12,000 to 15,000 individuals in the U.S. each year.

Asbestos lung cancer develops as tiny asbestos fibers are inhaled and stored within the lungs. The jagged fibers, that are 700 times smaller than a human fiber, build-up over time and can lead to cancerous development in the cells. Those who are at an increased risk of developing asbestos mesothelioma are workers who work with the material directly, but family members of asbestos workers are also at risk due to secondary exposure.

Asbestos lung cancer is nearly always in an advance stage when diagnosed, but some of the most common symptoms are: fatigue, chest pain, shortness of breath, retaining fluids, abdominal swelling, and coughing.

Asbestos Cancer Lawsuits

In general, asbestos cancer lawsuits allege companies or employers did not warn workers of the risk of developing mesothelioma due to asbestos exposure. Some plaintiffs claim that there were not offered proper safety equipment such as masks or proper ventilation. Asbestos lung cancer lawsuits are one of the largest litigation movements in U.S. history, as more than 600,000 plaintiffs have filed so far.

Those who work in the following professions have an increased risk of asbestos exposure:

• Insulation installers
• Roofers
• Construction workers
• Paper mill workers
• Sheet metal workers
• Tilers
• Shipyard workers
• Auto mechanics
• Textile workers

Contact a lung cancer attorney to find out if you can file a lawsuit either as an individual or by joining an asbestos mesothelioma class action lawsuit.

The Asbestos Lung Cancer Lawsuit is Case No. A14A1587, in the Supreme Court of the State of Georgia.