Amanda Antell  |  August 25, 2014

Category: Consumer News

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Mesothelioma Asbestos LawsuitIn 1998, an Alabama jury awarded $115.6 million in an asbestos lawsuit. The case involved 21 steelworkers who had contracted asbestos diseases and filed an asbestos cancer lawsuit against their Alabama steel mill employer for negligently exposing them to the deadly material.

The defendants, U.S. Steel, Carnegie Steel, and Carborundum Co., are continuing to make payments to this day to cover the injuries of dozens of steelworkers who were exposed to, and developed injuries from, the asbestos. Each of the steel workers had been diagnosed with mesothelioma and asbestos lung cancer. Many of these workers are still contending with these conditions.

The jury found that the companies acted in gross negligence and malice, and awarded more than $100 million in punitive damages to the plaintiffs. The companies had been responsible for manufacturing an asbestos-containing grinding wheel that was used to cut up pipes in the Birmingham U.S. Steel plant. Jurors earlier awarded $15.6 million to the plaintiffs, finding the companies had failed to warn the employees of the health risks they were being exposed to.

Winning the verdict did not erase the suffering of the workers. “This is great, but I’ve got to walk around with it in my lungs the rest of my life. I feel like justice has been done, but money’s no good to a dead man,” said Jackie Davis, who was 47 at the time.

Some of the men had hoped that the judgment will help their families, should they pass away from their diseases.

Overview of the Trial

During the trial, the steelworkers had collected massive evidence to support their claims against the companies. Medical experts testified that 18, and possibly three more, steelworkers suffered from asbestosis, which had been directly caused by the asbestos fibers causing scars in the lungs. The defense tried to argue that the medical conditions had not been caused by asbestos.

The steelworkers were not provided masks or any other protective equipment while working, and were not aware they were working in an asbestos environment. That angered jurors.

“They deliberately let these men work with things that were hazardous to their health, and I think that’s just a shame,” juror Sue Mann said at the time.

The defending companies responded to the settlement by stating it was “astonishing” that jurors assessed the punitive damages based on emotional response rather than actual fact. Asbestos litigation has become the longest running mass tort in the United States, with new lawsuits still appearing across the country. Legal and medical experts state that due to asbestos conditions taking up to 15 to 20 years to appear, more are likely to come.

In general, asbestos mesothelioma lawsuits are filed individually by each plaintiff and are not class actions.

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