A Monroe County, New York jury recently awarded $8 million to a 73-year-old man whose mesothelioma claim states he was exposed to asbestos half a century ago. Plaintiff Wayne Meissner was an civil engineer working for Eastman Kodak subsidiary Ridge Construction in the late 1960s when he was exposed to asbestos in the course of inspecting job sites where the substance was being sprayed. According to Meissner’s allegations, the defendants were aware of the dangers of asbestos exposure, but did nothing to protect him.

What Did the Defendants Know?

Meissner’s attorney told local ABC News affiliate WHAM, “Trying to prove what a company knew 40-50 years ago can be difficult, but we were able to show the president of Ridge Construction knew about these hazards.”

Indeed, information about the link between asbestos exposure and cancer was suspected as far back as the early 1920s. The dangers of asbestos was confirmed by 1936 – but the asbestos industry and even the federal government went to great lengths to conceal that information from the public. By the 1960s, however, that knowledge was becoming increasingly difficult for the industry to suppress.

The bombshell came in 1977 in the course of investigating a mesothelioma claim and the discovery of what have come to be known as the “Sumner Simpson Papers.” These documents were discovered in a closet in an executive office at Raybestos, Inc., where they had been stored for over forty years. Described by a consultant to the Environmental Defense Fund at the time as “the Pentagon Papers of the asbestos industry,” the Sumner Simpson papers consisted of internal documents, files and sworn statements from officials throughout the asbestos industry, proving beyond all doubt that they knew about the health hazards of asbestos – and engaged in a conspiracy of silence.

About Mesothelioma

Unlike asbestos lung cancer (sometimes called “white lung”), mesothelioma attacks the visceral lining that surrounds the internal organs, primarily the heart and lungs, although it can affect almost any part of the inner torso and pelvis. This disease is extremely slow-growing; it is not unusual for symptoms to lie dormant for many decades before becoming apparent, as is the case in Meissner’s mesothelioma claim.

This particular form of the disease is caused by certain forms of asbestos, known as amphiboles. It consists of hard, needle-like fibers that literally drill their way through lung tissue from the inside out. In the process, these fibers create a condition of chronic inflammation, which leads to the formation of malignant tissue.

Amphibole asbestos was used through the mid-1980s for low-density insulation, ceiling tiles, cement sheets, pipes and conduits, and fire insulation. It has been banned in most countries since that time.

The Present Mesothelioma Claim

According to Meissner’s counsel, the recent verdict represents the largest asbestos award in the last 2 decades. It is not unique, however; although less common today than it was a decade ago (asbestos litigation peaked in the mid-to-late 1990s), lawsuits continue to be filed – and because asbestos diseases have such a long latency period, it is likely that litigation will continue for many more years.

Wayne Meissner’s mesothelioma claim is Case No. E2018007953, New York State Supreme Court for Monroe County.