A jury recently awarded $7.5 million in damages to a New Jersey man who claimed that his mesothelioma was caused by asbestos exposure while he worked installing furnaces and boilers.

Of the total, $1 million was assessed in punitive damages against just one of the several named defendants in the case. Pecora Corporation, a company that makes furnace cement and sealants, was assessed the additional damages because it sold cement that contained asbestos until 1986, reportedly with the full knowledge of the dangers of asbestos exposure.

The asbestos lawsuit was the first of many to be heard by New Jersey judge Ana Viscomi, who recently assumed responsibility for the entire asbestos litigation docket, representing nearly 400 cases. The case was brought by William C. against 90 named defendants initially with the claim that during an 11-year period of employment with Fritz Heating and Cooling, he had been exposed to asbestos from cement as well as other boiler-related products which subsequently caused his asbestos lung cancer.

The $6.5 million compensatory damages verdict was handed down on Jan. 12, at which time only three defendants had not yet settled with the plaintiff – Pecora, CertainTeed and Wallwork.

The jury award was broken down into compensation of $500,000 for the past pain and suffering that William had suffered and $4.5 million for the pain and suffering William is expected to experience in the future. The remaining $1.5 million was awarded to his wife, with $500,000 awarded for past loss of services and another $1 million for future loss.

Pecora was specifically singled out for punitive damages because of proof presented that they had been warned of the dangers of their product by their own supplier, Carey Canadian. That company had printed a warning advising the use of protective gear which Pecora ignored and did not share with its customers. The company only stopped using asbestos-laden products when forced to by their insurer.

Asbestos Litigation

Asbestos mesothelioma is an aggressive form of cancer that affects predominantly the lining of the lungs (pleural mesothelioma) or abdomen (peritoneal mesothelioma). Most cases of the disease are caused by asbestos exposure.

The dangers of asbestos to human health were known for decades by manufacturers and others in the asbestos industry, yet those dangers were not publicized. Most people who develop mesothelioma were exposed to toxic asbestos while on the job.

Starting in the 1960s, companies that manufactured asbestos products and those that permitted their installation were hit with thousands of mesothelioma lawsuits from employees, consumers and families. Time and again, juries found that asbestos companies acted “with malice” by covering up the dangers of asbestos.

People diagnosed with mesothelioma often begin litigation against these companies seeking compensation for mounting medical bills, pain, suffering and loss of quality of life.