A Boston widow who sued New England Insulation on behalf of herself and the estate of her late husband has won a mesothelioma verdict worth $6.8 million.
The mesothelioma verdict was reached on Oct. 5, 2017. The jury was drawn from the region for Middlesex County Superior Court in the Commonwealth of Massachusetts, according to Law360.
Plaintiff Amy R.’s late husband Timothy worked part-time starting in middle school and into high school and up through his twenties taking out old insulation and putting in new insulation around commercial hot water tanks and boilers. As this insulation was made up of largely asbestos, Timothy R.’s exposure to asbestos dust was relatively constant during this time.
According to Law360, his widow alleged that New England Insulation (NEI) had breached their duty to him by providing the company he worked for with an asbestos-containing product.
The mesothelioma verdict shows that the jury was satisfied that NEI either knew or should have known about the dangers of their product with a modicum of safety research.
The mesothelioma verdict of $6.8 million is broken down in the following ways, according to Law360: $1.05 million was awarded as compensation for Timothy R.’s medical expenses; $3.5 million was awarded for as compensation for his pain and suffering; $500,000 was awarded to help cover the loss of his earning capacity for the family; $1.25 million was awarded his widow for the loss of his companionship; and $250,000 each will be provided to his two daughters. Punitive damages were not found to be applicable to this case, according to the findings of the jury.
Timothy R. passed away at age 60 from mesothelioma. Mesothelioma is a cancer that is directly caused by exposure to asbestos fibers. In the U.S., asbestos exposure is considered the exclusive cause of mesothelioma.
Asbestos fibers that remain lodged in the lining of the lungs or abdomen can remain latent for up to thirty years prior to developing the disease. During this latency period, they can be causing great irritation and cellular changes.
Amy R. filed this lawsuit after her husband’s death near the end of the year in 2013. She was represented in court by Peter Krauss, attorney for Waters, Krauss, and Paul, LLC. This is their second positive mesothelioma verdict reached on behalf of a client in the past month.
Earlier, a separate jury awarded a $7.55 million mesothelioma verdict for Gerald S. and Marjorie S., a married couple who claimed that Gerald S.’s cancer diagnosis was related to years in which he was employed by NEI.
According to Law360, the couple successfully argued that NEI was responsible for allowing Gerald S. to supervise equipment at a power plant in New Hampshire that used asbestos-containing parts that would require changing and exposure to airborne fibers.
This exposure could have been prevented with adequate warning and specialized handling equipment, the couple claimed.
Amy R.’s Mesothelioma Lawsuit is Case No. 1381-cv-05580, in Middlesex County Superior Court, Commonwealth of Massachusetts.
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