The widow of a man who died from the asbestos disease mesothelioma has been awarded a judgment against defendant Union Carbide.

The verdict came after a six-week trial that began in early December 2018, the culmination of plaintiff Thomasina F.’s seven-and-a-half year long fight for justice, which began with her late husband’s death from mesothelioma in 2011 at the age of 76.

Background of the Case

According to family members, Charley E. worked at a factory most recently owned by the National Starch and Chemical Company, beginning in 1954 and remaining there until his retirement in 1994. His primary job at the plant was in what was known as a “powder room,” where he would mix and measure raw ingredients for adhesives and other materials.

One of the ingredients he was alleged to have worked with was a product known as Calidria, a brand of asbestos manufactured by the defendant, Union Carbide.

Charlie was diagnosed with mesothelioma, an asbestos disease that attacks the visceral lining, in 2009. He died in 2011, after which his widow filed a wrongful death lawsuit in Middlesex County, New Jersey.

Mesothelioma: a Specific Asbestos Disease

While there has been some evidence to suggest that exposure to radiation may cause mesothelioma, 80 percent of all cases are due to exposure to asbestos fibers – specifically, the variety known as amphiboles. These fibers are long and hard, resembling microscopic needles. When ingested, they literally drill through organ tissues from the inside out. This results in chronic inflammation, which results in damage to DNA, causing cells to turn malignant.

This form of cancer, most commonly found in naval workers, is excruciatingly painful and invariably fatal.

During the recent trial, the defense argued that there was no proof that Calidria asbestos was ever used in the building where Charlie carried out his work duties. It was also pointed out that beginning in 1968, Union Carbide placed a warning on Calidria packaging that the breathing dust from the product should be avoided.

However, two witnesses for the plaintiffs who had worked at the same facility testified that, given the amount of Calidria that was used, it would have been virtually impossible for Charlie to avoid coming in contact with it.

A Long Fight For Justice

Initially, Thomasina’s wrongful death lawsuit was dismissed in December 2015 because of insufficient evidence of her late husband’s exposure. However, the case was reinstated in May 2017 after an appellate court found that the amount of Calidria being shipped to Charlie’s workplace and the testimony of his co-workers constituted enough evidence to present to a jury.

In her closing arguments, plaintiff’s counsel told the jury that Charlie’s asbestos disease had caused the “worst pain and suffering, [and] mental anguish” because of the product in question – and that the defendant should be held accountable accordingly. The amount of asbestos shipped to the plant over the course of his 40-year tenure at the plant made it extremely likely that he was exposed to it at some point.

Past mesothelioma cases have reached settlements as high as $90 million. As of this writing, the amount of damages has yet to be determined.