In a recent verdict found in the Alameda County Court, Southern Pacific Railroad will be forced to pay its former employee’s family $6.9 million in damages for a mesothelioma death.

Jeffery E. was a boilermaker for the company from 1971 to 1995, and according to the asbestos lawsuit, he was regularly exposed to asbestos in his work environment. He was diagnosed with mesothelioma in 2013 and died seven months later.

His wife Karen filed the asbestos lawsuit on his behalf against Union Pacific Railroad Company, which merged with Southern Pacific Railroad in 1997. Testimony for the trial lasted six weeks, in which Union Pacific presented various arguments and defenses that would allow them to escape liability.

However, the jury ruled that the company was responsible for the death of their former employee, and awarded the plaintiff’s family $6.951 million in damages.

Before Jeffery died, he provided testimony in a deposition that indicated he had suffered asbestos exposure from his occupational duties and from being around his coworkers.

Evidence presented in the trial showed that Jeffery been exposed to asbestos for over 15 years, with the companies failing to provided any safety equipment. Union Pacific tried to argue that it had immunity from this asbestos lawsuit, due to a previous release of claims Jeffery had signed for a back injury.

When this argument was rejected, the company tried to claim that Jeffery’s mesothelioma was really lung cancer that was caused by smoking instead of asbestos exposure.

After medical evidence showed asbestos fibers in Jeffery’s lungs, which contradicted those claims, the railroad company argued that his mesothelioma was caused by asbestos exposure from his service in the Navy.

Ultimately, these arguments fell short, and the jury awarded Jeffery’s family $451,265 in economic damages and $6.5 million for pain and suffering.

Overview of Asbestos Lung Cancer

Mesothelioma is a rare form of asbestos lung cancer, this devastating condition is often diagnosed at a latent stage, when chances of survival are bleak.

Mesothelioma is characterized by cancer cells festering in the mucus lining in the lungs; asbestos lung cancer is when the organ itself comes under attack. Both of these conditions are extremely rare and caused by asbestos exposure. Lung cancer has other causes as well.

For asbestos lung cancer, it is estimated that 4,800 patients die per year due to this disease. This makes up for approximately four percent of all deaths in the United States related to lung cancer.

When patients are exposed to asbestos, the fibers become lodged in either the stomach or lungs and can stay there up to 50 years before causing any symptoms.

Asbestos was popularly used in the United States for centuries due its fire and chemical resistant qualities, as well as being a relatively cheap material.

For these reasons, asbestos was commonly used for insulation and manufacturing purposes. However, the Occupational Safety and Health Administration (OSHA) found asbestos lung cancer to be a prominent risk in 1986.