A New York appellate court ruled Aug. 6 that the verdict in an asbestos cancer casewill stand, however, $13 million in mesothelioma compensation for the plaintiffs will not.

William R., and his late wife, Marlena, claimed that Marlena developed mesothelioma from being exposed to asbestos as a result of working with her husband in the family garage.

In a 3-1 decision, the court ruled that the jury’s decision to award $13 million in mesothelioma compensation to William exceeded what is “reasonable” for the claims even if the jury was right to find the defendants responsible for Marlena’s disease. At trial, jurors awarded William $12 million for pain and suffering and $1 million for “loss of consortium” with his wife. Marlena testified at the trial but has since died.

The appeals court said it would leave in place $4 million the jury designated for William’s future pain and suffering and $250,000 for future loss of consortium. The court gave William 30 days to make a case for $5.5 million for past pain and suffering and $650,000 for past loss of consortium.

Mesothelioma Compensation Case Background

The couple brought the lawsuit against Federal-Mogul Asbestos Personal Injury Trust, the successor to Felt Products Manufacturing Co. Marlena testified at trial that while working with her husband on engine repairs in their garage, they often scraped and ground down gaskets manufactured by Felt Products, exposing her to dust from the items during work and again when she’d clean the garage and launder the couple’s dust-covered clothes.

“Federal-Mogul’s corporate representatives, as well as the various experts called by defendants at trial, testified that the gaskets contained anywhere from 50% to 85% asbestos, and plaintiffs’ experts testified that dust from these products, if visible, necessarily exceeded current permissible levels and contained sufficient,” the court documents said.

Marlena developed mesothelioma as a result, the lawsuit claimed.

Mesothelioma at a Glance

Mesothelioma is a rare cancer directly caused by exposure to asbestos, according to the University of Pennsylvania’s Perelman School of Medicine. It can take 30 to 40 years for symptoms of the disease to surface. Mesothelioma may develop in the chest, abdomen, or around the heart. Marlena was diagnosed with mesothelioma of the abdomen.

The American Cancer Society says mesothelioma patients often experience fever, excessive sweating, fatigue, weight loss, blood clots, and loss of appetite. Mesothelioma of the abdomen also produces belly pain, abdominal swelling, nausea, vomiting, and constipation.

There is no cure for mesothelioma. Patients in early stages might be treated with surgery to remove the cancerous tissue followed by a combination of chemotherapy, radiation, and immunotherapy to eradicate any remaining cells. If the disease isn’t caught until the late stages, chemotherapy and radiation might be prescribed along with palliative care to ease the patient’s symptoms and make them more comfortable, according to the Mayo Clinic.

The Appeal

In making its case on appeal, Federal-Mogul argued that the evidence offered by William and Marlena was insufficient to warrant such a large amount of mesothelioma compensation. Lawyers for Federal-Mogul claimed the testimony about breathing asbestos dust was “legally insufficient” to prove Marlena inhaled enough of the toxin from the Felt Products gaskets to cause her mesothelioma.

The court disagreed and the majority of the justices found that the jury’s verdict was based, in part, on the defendants’ own testimony about the levels of asbestos in the gaskets. Federal-Mogul failed to prove Marlena’s mesothelioma was caused by any other products manufactured by any other companies, according to the appellate ruling.

The only point on which the justices agreed with Federal-Mogul was that the mesothelioma compensation was excessive, which the panel reduced.