Plaintiff Nicholas D., a former employee of Chicago Pneumatic and asbestos lung disease patient, won an important victory in appeals court on May 1, 2017.

Formerly, $4 million had been awarded to Nicholas and his family in the spring of 2015 as compensation for the pain and suffering he experienced because of his diagnosis of mesothelioma, or a cancer of the lining the lungs, caused by exposure to asbestos. At that time, a jury ruled that a supplier to the plant where he was working was responsible for the development of his disease.

Pacemaker Steel and Piping Company of Oneida county, New York, the entity that had bought out Charles Millar Supply Company, provided bags of asbestos and asbestos boards along with other supplies to Chicago Pneumatic Tool Company.

Nicholas D., as a tool grinder for Chicago Pneumatic, had been an exposed employee for five years between the late 1960’s and early 1970’s. The products thus supplied were used in the metallurgical process of annealing which was a heat treatment that made the metals more flexible and workable.

Of the $4 million awarded to Nicholas D., $3 million had been appealed by Pacemaker Steel and Piping Company. The supplying company had been identified as 30% responsible for causation of his disease and this amount was the portion designated to compensate him for the pain and suffering that his asbestos lung disease could or will cause him in the future.

The 2015 award was part of multi-company litigation initiated by Nicholas D. Other companies found partially at fault in this litigation included Caterpillar Inc., International/Navistar, Mack Trucks, Syracuse Supply Company, G.H. Miner, Inc. and Case Corp./C.N.H. Industrial America.

What is Asbestos and Mesothelioma?

Mesothelioma is a very rare type of  cancer of the lining of the lungs resulting from environmental exposure to asbestos products.  Asbestos is made up of several naturally occurring minerals. The fibers inherent in these minerals are naturally heat and fire-resistant. They are also resistant to chemical changes.  These attributes made products using asbestos such as insulation very popular for many years.

When breathed in through airborne exposure, fibers are largely exhaled.  Some fibers, however, impale themselves in lung tissue and remain there for many years causing just the right condition for asbestos lung disease to develop.  It can take many years between exposure and development of the related ailments.

Visible Causation

According to an expert witness for Nicholas D., the plaintiff of record, the fact that asbestos dust could be seen by workers in the tool manufacturing plant should be enough information to uphold the complete $4 million judgement made in 2015 against the supplier.

Exposure to asbestos fibers was rampant and Pacemaker Steel and Piping Company as well as Chicago Pneumatic Tool Company did nothing to contain those occupational hazards, the witness stated.  By the late 1960’s, a clear relationship between asbestos lung disease and mesothelioma had been established.

An appeals panel in New York state upheld the original jury decision and award in favor of the plaintiff’s case.  According to the appeals panel, there was clearly enough evidence to support the jury’s original judgement in this case.