Jury Awards $2 Million in Asbestos Worker Mesothelioma Lawsuit Settlement
By Andrea Gressman
There is good news for asbestos mesothelioma lawsuit plaintiffs. There has been another mesothelioma lawsuit victory on the behalf of mesothelioma plaintiff Hannibal Saldibar. Mr. Saldibar was a tile setter in the New Haven, Connecticut area. Unfortunately, Mr. Saldibar lost his battle against mesothelioma — an aggressive cancer typically caused by asbestos exposure, and passed away in January of 2010 from the terrible disease. Unfortunately, Mr. Saldibar is no longer here to see his asbestos mesothelioma lawsuit victory.
Mesothelioma Lawsuit Evidence Provokes Jury to Award $2 Million to Plaintiff
In a May 22, 2012 jury trial on behalf of Mr. Saldibar, the jury was shown evidence that proved the Tile Council was aware that their product contained asbestos and knew the side effects of asbestos exposure. The evidence presented also showed that the Tile Council did not warn workers like Mr. Saldibar about these risks. The mesothelioma lawsuit attorneys were also able to present evidence that showed the Tile Council had non-asbestos formulas available as alternatives but did not place those products on the market in a timely manner. As a result of the evidence presented in the mesothelioma asbestos lawsuit, the jury awarded Mr. Saldibar in excess of $2 million dollars.
According to Mesothelioma.com, the mesothelioma lawsuit, entitled Gail Acquarulo (the Executrix of the Estate of Mr. Saldibar) Et al. vs. the Tile Council of North America, Inc., F/K/A Tile Council of America, CV 09-5024498, was referred to as a “case of first impression against the Defendant Tile Council.” They went on to explain that this mesothelioma lawsuit was distinctly different from other product liability cases and mesothelioma lawsuits in the fact that the Tile Council was not the actual manufacturer of the asbestos product.
However, they did complete all of the research, they designed the product, received a patent for it, formulated the product, received the license, provided marketing and advertising, provide inspections, and of course made a significant profit from the product, which contained the asbestos that later caused Mr. Saldibar to develop mesothelioma.
The Tile Council of America’s Asbestos Formulas Lead to Mesothelioma
The Tile Council of America is actually a trade association, which is made up of different ceramic tile manufacturers. These manufactures both design and then develop different dry set mortars and at least some of these formulas contained asbestos. In the mesothelioma lawsuit it has been determined that the Tile Council is not responsible for making the mortar itself but they definitely received compensation in the form or royalties each time a bag of the dry set mortar was sold. The mesothelioma lawsuit also determined that they had oversight of the product as well as control over the manufacturing of the dry set mortar. In addition, the products were also advertised as Tile Council products.
The investigation on behalf of the mesothelioma lawsuit indicated the asbestos formulas that belonged to the Tile Council were held as confidential. Therefore, innocent workers, like Hannibal Saldibar, had no idea that the products they were working with every day contained asbestos. They also did not know that breathing the dust these products created on a daily basis while working with the Tile Council products could potentially cause them to develop asbestos mesothelioma, a life-threatening disease that has claimed the lives of thousands of workers just like Mr. Saldibar.
Filing an Asbestos Mesothelioma Lawsuit
If you or someone you know developed mesothelioma as a result of being exposed to asbestos due to someone else’s negligence, don’t stay silent. By making a stance against the many companies who used asbestos in their products despite knowing the potentially deadly side effects, you can hold them liable for their actions. Visit the Mesothelioma Asbestos Class Action Lawsuit Settlement Investigation today to receive your free consultation from a highly experienced mesothelioma lawsuit attorney.
Updated October 15th, 2012
All medical device, dangerous drug and medical class action and lawsuit news updates are listed in the Drug and Medical Device section of Top Class Actions.
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