A mesothelioma verdict was reached in New York Supreme Court on April 17, 2018. The mesothelioma verdict was reached in the personal injury and wrongful death case of Pietro M. and resulted in a $60 Million award.

According to Law360, Pietro filed his personal injury lawsuit against several dozen companies allegedly responsible for his exposure to asbestos-fiber-containing dust while employed as a labor and construction worker in the 1970s.

Pietro was diagnosed with mesothelioma—a cancer of the lining of the lungs and abdomen specifically caused by asbestos fiber exposure—in July 2015 and filed his personal injury lawsuit within three months. He passed away of the disease the following year while only in his mid 50s. After his demise, his two surviving children filed wrongful death claims against the same named defendants, leading to this mesothelioma verdict.

Most of the accused companies which allegedly exposed the plaintiff without providing warning resolved the complaints against them prior to the trial beginning, according to Law360. The remaining defendants going into the nine-day legal proceedings were A.O. Smith Corp., Peerless Industries Inc., and Burnham LLC.

The alleged exposure occurred because of contact with boilers that contained asbestos. Historically, boilers manufactured for commercial use utilized several types of asbestos insulation in the boiler itself and in pipes coming in to and out of the heating unit. Gaskets and bearings that are part of the boiler often utilized asbestos as well.

Wrongful Death Lawsuit Outcome

The mesothelioma verdict—while little consolation for the loss of their family member—did allow for some resolution by providing significant funds to help the survivors. The $60 million award coming from the mesothelioma verdict was broken down as $25 million for the pain and suffering of the decedent, $17 million for one of the children’s wrongful death claims, and $18 million for the other child’s wrongful death claim.

The decedent’s counsel believes that the outcome of the trial is quite satisfactory considering the enormity of the loss. He indicates in the article that the defendants needed to only have provided warning of the dangers of asbestos to those handling their products. This forethought could have prevented this and countless other cases of a preventable disease.

The jury listened to arguments for over a week prior to reaching the mesothelioma verdict. Collectively, the group determined that the defendants were negligent in their duties and reckless with the safety of others by their failure to provide adequate warning. According to the Law360 article, another attorney for the plaintiff felt that the group gave fair consideration to both sides and came to the only reasonable decision given the facts presented.

If you or a loved one have been diagnosed with mesothelioma after exposure to asbestos-containing-products, you may have a legal claim against the manufacturers.