A verdict in an asbestos lawsuit was recently overturned due to alleged contradictory testimony. The defendants were originally going to pay the plaintiff $14.5 million in damages for a wrongful death caused by asbestos mesothelioma before an en banc Superior Court panel overturned the verdict.

Plaintiff Darlene N. filed the initial asbestos mesothelioma lawsuit in the Philadelphia Court of Common Pleas on Dec. 5, 2008 on behalf of James N. who died from mesothelioma in 2009.

James allegedly was exposed to asbestos during his decades of work as a pitman, laborer, and machinist’s helper for a steel plant in Pennsylvania. Both his work environment and the tools he worked with allegedly caused him to develop deadly mesothelioma, according to the asbestos lawsuit. He died at the age of 54.

Darlene was awarded $14.5 million in March 2012. Defendants Crane Co., Hobart brothers, and Lincoln Electric each paid a portion of the reward.

The reason the en banc Superior Court overturned the verdict was because of a testimony given by a Dr. Daniel D. His testimony was needed to establish causation. He allegedly claimed that the different levels of asbestos exposure was both causative and noncausative.

Judge John T. Bender, who wrote the court’s majority opinion, stated, “[the testimony’s] improper admission controlled the outcome of the case. Accordingly, we vacate the judgment entered and remand for a new trial on liability.”

Judge David N. Wecht, who dissented from the majority ruling, was not surprised at the large reward requested by the plaintiff and thought it was fitting.

“In light of [James’s] relative youth at the time of his death, and the degree of his suffering in the last year of his life, it is not at all surprising that the appellee’s counsel implored the jury to award substantial noneconomic damages, and the particulars of his manner of doing so in this case did not so patently exceed the bounds of permissible argument as to warrant this court’s interference with the trial court’s discretion,” said Wecht in his dissenting opinion.

The plaintiff lawyers are reviewing the decision to “determine whether [they] will seek review from the Supreme Court.” This asbestos lawsuit has not yet reached its conclusion.

Asbestos Lawsuits

Asbestos lawsuits have been filed across the country claiming that asbestos exposure led to the development of mesothelioma, a deadly form of cancer. While asbestos is not used now, it was widely used across the country until the 1990s.

Thousands of individuals are diagnosed with mesothelioma each year. Many develop asbestos mesothelioma as a result of the work or living space. Asbestos fibers may be found in the walls, roofs, building materials, and many other commonplace items/places.

Many asbestos class action lawsuits have been filed against manufacturers of asbestos contaminated materials and supplies. As in the case of Darlene and James, wrongful death asbestos lawsuits may also be filed.