A New York state court initially awarded $20 million to an asbestos mesothelioma victim’s family, after finding the company to be liable for damages. Industrial Boiler manufacturer Burnham LLC was set to pay the amount to the family of late steamfitter, Charles H., after the jury found clear evidence of asbestos exposure being a major contributing cause to the decedent’s demise.

However, the judge in the asbestos lawsuit found the amount of $20 million to be an excessive reward amount for the pain and suffering damages, and is ordering a new trial if the decedent’s estate does not agree to the reduced award of $6 million.

New York judge Cynthia Kern denied the defendant’s bid to reject the verdict. Judge Kern stated that the jury had been thoroughly exposed to the evidence, and most likely came to an appropriate conclusion when they reached a verdict. However, the judge did find the initial award amount of $20 million to be excessive for the damages the decedent reportedly suffered.

Mesotheliomais a rare form of lung caner that is specifically caused by inhaling asbestos fibers, which was widely used by the defendant for manufacturing purposes. Patients can also develop mesothelioma if they suffer secondhand exposure from handling the clothes with the asbestos fibers. The fibers are unintentionally inhaled by victims, which then get caught in either the throat or lungs. When the fibers become lodged, cancerous tumors form and spread.

It is important to note that mesothelioma takes years to develop any symptoms, between 20 and 50 years on average, and is often diagnosed at a latent stage in prognosis. For this reason, the victims are left with few treatment options and severely shortened lifespan.

Overview of the Asbestos Mesothelioma Lawsuit

Charles was diagnosed with mesothelioma in March 2013, and died in September 2014. He reportedly suffered from shortness of breath and pain, and had to go through debilitating chemotherapy treatments.

The reason the judge found the jury award to be unreasonable is because the length of time the decedent suffered from asbestos mesothelioma would not equate to to the financial damages the initial verdict demanded. Furthermore, Judge Kern stated that the $20 million verdict had “deviated materially from what would be reasonable.” Therefore, Judge Kern ordered a new trial to only go over damages, unless the decedent’s estate agrees to take the $6 million.

Before he died, Charles testified that he had been exposed to asbestos numerous times from the insulation from the boilers, including the machines made by the Burnham. The defendant argued that the plaintiff had not adequately proven that they were responsible for his injuries, and that they were not proven to be responsible of failing to warn. Essentially, the defendant argued that the injuries alleged by the plaintiff were not supported by sufficient evidence. Judge Kern disagreed with the defendant, finding the plaintiff’s allegations of negligence were reasonable.

This trial began against three industrial manufacturers that allegedly used asbestos, naming Burnham, Cleaver Brooks Inc., and William Powell Co. Cleaver Brooks resolved the case mid-trial, while the plaintiff dropped claims against William Powell Co. Due to these developments, the jury had allocated 30 percent of the fault to Burnham.

This Asbestos Mesothelioma Lawsuit is Case No. 1901/32, in the Supreme Court of the State of New York.