The similarity of diseases and overlapping exposure alleged by eight plaintiffs have sufficient common questions, and they will be consolidated into three asbestos cancer trials, a New York judge ruled.

New York Justice Cynthia Kern granted the plaintiffs’ motion to consolidate these actions against A.O. Smith Water Products and others into three joint trials. A trial court has the authority to consolidate two or more actions for joint trial if they involve common questions of law or fact.

Plaintiff John C. filed an asbestos cancer lawsuit in the New York County Supreme Court against several companies whose conduct allegedly exposed him to asbestos. Plaintiffs Ardeshir O., Vincent G., Walter H., John N., Carlton J., Michael K. and Eli P. filed similar actions in the same court.

The plaintiffs moved for three consolidated trials, with the first consisting of John C. and Ardeshir O.; the second consisting of Vincent G., Walter H. and John N.; and the final consisting of Carlton J., Michael K. and Eli P.

The first trial group involves painters alleging they developed mesothelioma from work-related asbestos exposure. The second trial group involves various types of asbestos exposure that allegedly led to mesothelioma. The third group involves asbestos lung cancer claims.

All of the plaintiffs are represented by the same law firm and are in the same phase of discovery and all allege the similar types of asbestos cancer.  While the plaintiffs did not share the same work sites or occupations, Kern ruled that they did have overlapping periods of asbestos exposure occurring in the same manner by working directly with asbestos-containing products.

The defendants opposed the consolidation, raising arguments including due process and equal protection as well as citing statistics and figures from a Bates White study that showed consolidation leads to higher jury awards.  According to the study, consolidated verdicts are “250 percent more per plaintiff than NYCAL awards in individual settings over that same span and 315 percent more per plaintiff than the national average award.”

Occupational Asbestos Exposure

Even though the average asbestos levels in buildings today tend to be very low, an estimated three million employees in construction and other industries face significant asbestos exposure on the job. The heaviest exposures are in construction, primarily during the removal of asbestos during renovation or demolition.

Workers are also likely to be exposed during the manufacturing of asbestos products including textiles, insulation, automotive brake and clutch work. Asbestos-related illness has also occurred in shipyard workers, school custodians and movie set workers.

Asbestos Cancer Lawsuits

Anyone who developed an asbestos-related disease because of exposure – particularly because of occupational exposure – has grounds for an asbestos cancer lawsuit against the manufacturers of asbestos products related to the exposure.

For many people diagnosed with asbestos mesothelioma or another asbestos disease, compensation from an asbestos cancer lawsuit may mean receiving the financial help necessary to get the best medical treatment.

An asbestos cancer lawsuit can help deflect the considerable costs of treatment, provide compensation for emotional and physical hardship, and hold companies responsible for the exposure.

The Asbestos Cancer Lawsuit is Case No. 190270/2014, Supreme Court of the State of New York, County of New York.