Mesothelioma is one of the deadliest forms of cancer with an incredibly low survival rate. It’s also almost always caused by asbestos exposure. Asbestos is still used in construction today, although the use has declined drastically from its heyday in the 1960s-1980s.

Asbestos was originally promoted by New York firefighters in the 30s who didn’t know about the cancer risks, but realized that asbestos was a great insulator and very fire retardant. As its popularity grew, it was used for a number of things beyond insulation.

Judy Garland danced in it as asbestos became a popular Hollywood prop for snow, and it was even sold as faux snow in stores around the country. However, research began to published studies showing a strong link between asbestos and mesothelioma. A number of companies are facing class action lawsuits as victims claim that the company knew about the risks or had access to information about the mesothelioma and asbestos connection, but failed to properly protect employees or warn them.

Many of these mesothelioma victims worked in construction and inhaled and/or consumed asbestos on a daily basis for years. Research suggests that minor, infrequent to asbestos is relatively safe, but frequent exposure can severely increase a person’s risks of developing this deadly cancer.

$11 Million Mesothelioma Settlement Awarded to Family

As more people step forward with mesothelioma stories, many of whom worked in construction in the 60s to 80s, one California family was just awarded $11 million in a mesothelioma wrongful death lawsuit.

A jury awarded the surviving heirs of a man, Gordon Bankhead, who worked as an auto parts employee. Previously, the family was awarded a $4 million mesothelioma settlement, but the second trial at the Alameda County Superior Court ended with a decision (after two hours in a two-day trial) that the family deserved more.

On Jan. 15, 2014 under Judge Jo-Lynne Lee’s ruling, an additional $6 million was awarded to the heirs which include Bankhead’s wife, Emily as well as his two adult daughters, Tammy Bankhead and Debbie Bankhead-Meiers. His daughters received $2.5 million each in compensation for the loss of their father.

Originally, the family filed their mesothelioma lawsuit against Pneumo Abex LLC in June 2012. They claim that Gordon was a faithful employee who was never told about the asbestos exposure and wasn’t properly protected while he worked for the company.

Gordon was an employee from 1965 until 1999, working as a “parts man” servicing heavy duty machines. While working with brake parts, he was unknowingly exposed to asbestos, according to the mesothelioma lawsuit. Part of his job involved inspecting, replacing, and blowing and grinding dust from brakes which contained asbestos. For nearly 35 years, Gordon was exposed to asbestos every day he was at work. Pneumo Abes was the manufacturer of the brake linings.

Gordon was diagnosed with mesothelioma in January 2010, soon after retiring from his position. He filed a personal injury complaint in March 2010, but would die of asbestos poisoning and mesothelioma before he was able to fully get the compensation for his family to ease their financial burden after he passed. He was only 68 years old when he dies of mesothelioma in October 2011.

Mesothelioma is a slow moving cancer, and many people aren’t diagnosed until later stages. The span of time from diagnosis to death is often short.

As part of this asbestos trial, Pneumo was not able to argue against the company’s responsibility for Gordon’s death. Additionally, the jury wasn’t told about the details regarding the company’s liability or any previous verdicts. Instead, the jury was charged with pinpointing a fair compensation amount. They were asked to determine what a fair sum was for a family of three losing their spouse and father.

It was estimated that Gordon died 17 years early, given the average life expectancy for an American man. According to the complaint, “Immediately prior to the conduct of defendants herein giving rise to the decedents exposure to asbestos and asbestos-causing materials and before the fatal asbestos-related disease was diagnosed, plaintiff’s decedent was an adult person in good physical and mental condition and was a faithful and dutiful husband and father.”

A Bittersweet Victory

No amount of compensation can make up for the loss of a loved one. In the family’s asbestos exposure lawsuit, which included 10 counts, the family alleged that the company knew about the asbestos risks but chose to hide the information. Gordon was never warned. As for the family’s personal injury lawsuit, that went to trial in October 2010.

A two-phase trial, the second began in January 2011 which dealt with punitive damages. During the first phase, the jury determined that the company defectively designed their products, didn’t warn about the dangers of working with their brakes, and were negligent while intentionally not informing employees about the risks.

Gordon, when he was alive, was awarded $1.47 million for economic losses along with $1.5 million for pain and suffering. Emily was initially awarded $1 million for loss of companionship.