On March 18, a former plant worker won a $4 million verdict in his asbestos lung cancer lawsuit against Pacemaker Steel & Piping Company, which alleged the company supplied asbestos-containing products that caused the plaintiff to develop asbestos lung cancer and mesothelioma.

Plaintiff Nicholas D.’s family was awarded $1 million for past suffering and $3 million for future suffering in this asbestos lung cancer lawsuit. “[Nicholas] has suffered tremendous pain as a result of Pacemaker/Charles Millar’s negligence. His sickness could have, and should have been prevented. I’m grateful that the jury was able to deliver justice for him and his wonderful family,” the plaintiff’s attorney states. Additionally, although there were other companies also listed as defendants in this asbestos lung cancer lawsuit, the jury ruled that 30 percent of fault lay with Pacemaker.

According to the asbestos lung cancer lawsuit, Nicholas worked as an internal grinder at the Chicago Pneumatic tool manufacturing plant from 1968 until 1973. During the course of this asbestos litigation, the jury came to the conclusion that Nicholas developed pleural mesothelioma and asbestos lung cancer as a direct result of his asbestos exposure from coming in contact with products Pacemaker provided to Chicago Pneumatic. These products included bags filled with the carcinogenic mineral and asbestos boards, products that were used in the annealing process of the plant.

The New York court found Pacemaker negligent in that the company failed to warn Nicholas of the health risks associated with asbestos exposure. This asbestos lung cancer lawsuit is a significant win for New York workers and consumers pursuing asbestos litigation, in that this is the largest asbestos lung cancer and mesothelioma verdict levied against an asbestos distributor.

This Asbestos Lung Cancer Lawsuit is Case No. CA2014-000232, in the Supreme Court of New York.

Asbestos Lung Cancer

Unlike other forms of cancer, asbestos lung cancer is exclusively caused and develops from long term exposure to asbestos fibers and asbestos-containing materials. When a worker like Nicholas inhales asbestos fibers, these fibers becomes trapped in the lung lining and further develops and spreads from there. According to the Mesothelioma Center, about  4,800 cases of asbestos lung cancer are diagnosed every year.

Occupational Exposure to Asbestos

Certain trade professions have a higher chance of unknown asbestos exposure and therefore are at a higher risk of developing asbestos lung cancer. Occupations with a high risk of asbestos exposure include:

• Auto mechanics
• Shipyards workers
• Paper mill workers
• Construction workers
• Textile workers
• Insulation installers
• Sheet metal workers
• Roofers
• Toll collectors
• Tilers
• Linotype technicians
• Plumbers

Not only are these individuals at high risk of asbestos exposure because they generally work in in small, enclosed spaces with little to no protective gear, but they also may unknowingly expose their family to asbestos fibers. Secondary asbestos exposure can also allegedly cause those who live in close quarters with an asbestos worker to develop asbestos lung cancer.

Many employees and families of employees have filed asbestos lung cancer lawsuits or joined asbestos lung cancer class action lawsuits against companies who knowingly exposed their workers to asbestos fibers and materials without prior warning.