A Philadelphia jury has awarded $1.7 million in the first asbestos cancer lawsuit tried against an employer under the Wrongful Death and Survivor Act.

In this asbestos cancer lawsuit, Plaintiff Doris B. sued on behalf of herself and the estate of her late husband John B.

The wrongful death suit ruled that John B’s former employer, the ESAB Group, was fully liable for the asbestos cancer that allegedly took John B’s life.

John B. worked in a factory between 1962 and 2001. Much of his work included working with asbestos, such as work with industrial ovens. When John B. started at the factory, it was owned by Chemtron Corporation. The factory owners changed from Chemtron to Alloy Rods Inc, and eventually the ESAB group during the nearly 40 years that John B. worked there.

Evidence was shown to the jury during the trial that the factory worked to remove asbestos during the 1980s into the 2000s. However, asbestos cancers tend to take a very long time to develop. In 2012, years after his retirement, John B. was diagnosed with mesothelioma. Within six months, the asbestos cancer had taken his life.

The case is particularly important in terms of asbestos cancer lawsuits. It tied in with a November 2013 case, where the Pennsylvania Supreme Court ruled that Workmen’s Comp rules do not cover occupational hazards that have a long latent period.

This means asbestos-related diseases like mesothelioma and lung cancer, which can take decades to fully manifest, are not covered by the Workers’ Compensation Act, and workers may only seek compensation through civil actions. In this case, the asbestos cancer lawsuit concluded with a $1.7 million dollar award for John B’s wife and his estate.

Asbestos Cancer Risks

Asbestos is a naturally occurring mineral. Virtually fireproof and a great heat insulator, asbestos was used on a global scale during the Industrial Revolution and so forth.

Asbestos use was widespread in the construction of homes and ships, both insulating and improving fire resistance. But the widespread use of asbestos made it easier to see the serious health risks associated with asbestos, like asbestos cancers.

By the end of the 19^th Century, medical science had realized that patients who were exposed to asbestos had a higher rate of lung problems.

In the first decades of the 20^th Century, the link was well established between asbestos and asbestos cancers like mesothelioma and asbestos lung cancer. But various companies continued to use asbestos for its useful properties until it was slowly phased out in the US during the 1970s and 1980s.

But despite bans on asbestos, asbestos cancer lawsuits continue. A number of factors influence this, including several that may have been applicable to John B.

First, asbestos cancers like mesothelioma and asbestos lung cancer typically take years, often decades after asbestos exposure to fully manifest. Second, buildings built before the 1970s often have asbestos woven into paneling, concrete, and wrapped around pipes and wiring. As such, workers who are involved in working with older buildings and machinery may be exposed to “old” asbestos.

Additionally, demolition and remodeling of older buildings may liberate asbestos particles that were bound up in building materials or sealed within walls and crawlspaces. As such, asbestos cancer lawsuits will likely continue for the foreseeable future.