On Sept. 22, 2017, according to Law360, a record award of $7.55 million was given after an asbestos verdict was reached by a Massachusetts jury in a lawsuit against New England Insulation.
The recipients were plaintiffs Gerald S. and Marjorie S., who have suffered because of the former’s diagnosis with mesothelioma, a cancer directly resulting from exposure to asbestos fibers.
The jury reviewed the evidence and deliberated over an eight-day period prior to reaching the asbestos verdict against the company, former employer for Gerald. New England Insulation’s sole activities surrounded the selling, delivering, installing and removing of asbestos-containing insulation up until the 1970s.
Gerald was a supervisor of necessary equipment involved in one or more of these processes at a New England power plant for several years.
According to the lead counsel for the family, the insulation company has known for a long time about the dangers of asbestos, but was far more concerned with turning a profit in the short term than with protecting the health and welfare of their workers over the long haul.
The award given to the couple reflects the jury’s careful deliberation and belief about overall blame in this tragic case.
The award coming from this asbestos verdict was the largest in terms of this hazardous material in the history of New England jurisprudence, according to the Thornton Law Firm of Massachusetts which also represented the plaintiffs.
The sizable award allows for $3 million each for pain and suffering and medical expenses. It grants the couple an additional $50,000 for lost wages and, specifically for Marjorie, $1.5 million for loss of consortium.
Gerald S. was diagnosed with mesothelioma, an asbestos-caused cancer, two years ago. Embedded asbestos fibers in the lining of the lungs or abdomen can fester for years before developing into cancer.
On average, there is a latency period of 30 years from exposure to diagnosis with active disease. Prior to his development of mesothelioma, Gerald had been reasonably healthy.
Since the diagnosis of mesothelioma, Gerald and Marjorie say they have been forced to stop all recreational activities and hobbies which gave them enjoyment in life. He has had to suffer through several surgeries and rounds of chemotherapy in attempts to extend his life – a life without doing the things he and his wife love to do.
With this asbestos verdict, the Massachusetts jury has granted the couple agreement that New England Insulation was indeed negligent in their duties toward him as an employee.
The jury also positively stated that the company breached express and implied warranties by allowing their workers to use asbestos products without warning or protective equipment in the face of having knowledge about its dangers.
The couple believe that the process of presenting their case to the jury affirmed their experience and made the asbestos verdict and award far more valuable than the actual money involved.
The Asbestos Exposure Lawsuit was Case No. 15-7031, in the Middlesex County Superior Court, Commonwealth of Massachusetts.
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