A $14 million wrongful death asbestos cancer lawsuit has been denied retrial, upholding the initial ruling.

A South Carolina court of appeals has denied motions from CNA Holdings LLC requesting a retrial in the case of a multi-million dollar wrongful death lawsuit filed by the family of a deceased employee.

CNA Holdings Asbestos Cancer Lawsuit

The family alleges that Dennis S., a contractor skilled in the maintenance and repairing of pumps, valves, condensers, and other equipment, was assigned by his employer Daniel Construction Co. to work as a maintenance worker at a polyester plant from 1971 to 1980. Dennis was employed at CNA Holdings LLC’s plant in Spartanburg, S.C. During this time, he claimed to have come into contact with various types of asbestos products, including gaskets, packing, and insulation made from the dangerous material.

The family says Dennis was diagnosed with mesothelioma in 2013, a type of respiratory cancer caused by exposure to asbestos. Upon this diagnosis, Dennis and his wife Linda filed their asbestos cancer lawsuit against CNA Holdings.

His lawsuit, like other occupational mesothelioma claims, alleges that Dennis’s former employer was negligent in their failure to warn him of the dangers of asbestos and to provide adequate safety measures to protect him from asbestos dust and materials. When Dennis died from advanced mesothelioma a year later, his daughter amended the asbestos cancer lawsuit to also include wrongful death.

According to an article about the case by NBC-2, the jury for the case ruled that CNA Holdings plant negligently caused Dennis’s mesothelioma. Despite several post-trial motions filed by CNA Holdings, the court upheld its initial ruling on the basis that the company had known about possible asbestos problems and fostered a culture of concealment.

The court awarded $2 million in damages to his estate, $5 million for wrongful death, $5 million to Linda for her claim of loss of consortium, and $2 million in punitive damages.

Background on Asbestos

According to the U.S. Environmental Protection Agency information, asbestos is a naturally occurring mineral fiber known for its strength and heat resistance. It is often found in insulation, tile flooring, siding shingles, heat-resistant fabrics, and vehicle brakes.

In products and while dormant, asbestos is safe. However, asbestos fibers can be extremely dangerous if they are inhaled. The fibers may be released during disturbance of the material, often during demolition, repair, or remodeling.

Breathing in asbestos dust is associated with major health concerns including lung cancer, mesothelioma, and asbestosis. The problem, however, is that it may take years or decades for symptoms or conditions related to asbestos exposure to develop.

Who is Affected?

Although there are now regulations in place dictating what asbestos may be used for, these rules generally do not govern older buildings that may already have asbestos in them.

Asbestos is commonly found in older school buildings or businesses. While it is not dangerous when the structure is in good condition, crumbling or degrading asbestos may release dust particles into the air that can be inhaled. Maintenance workers, demolition workers, asbestos removal workers, firefighters, and automobile workers may be at increased risk for asbestos exposure and subsequent health issues.

If you or a loved one was diagnosed with lung cancer or mesothelioma after being exposed to asbestos, you may qualify to join a free asbestos cancer lawsuit or investigation and pursue compensation.