Yesterday  an Illinois jury handed down a surprising verdict against two former asbestos product manufacturers. According to the attorneys involved in the case, the verdict was returned on the novel liability theory of corporate conspiracy. Typically this means that the factfinder determined that the defendants acted in concert with one another and caused the plaintiffs injury.  This is different than a typical mesothelioma product liability case where the verdict is based upon a failure to warn about a particular product manufactured or sold by the defendant.

 In this case, the plaintiff,Jayne Menssen, is 65 years old, widowed, and has no children. She was exposed to asbestos from 1967-1969 when she worked as a secretary at the UNARCO plant in Bloomington, IL.  The jury returned the following verdict:

$3,500,000 compensatory
$4,370,000 punitives against Abex
$10,000,000 punitives against Honeywell
 

 Congratulations  to my friends ,Lisa Corwin & Jim Wydler,  who represented the plaintiff  for this extraordinary result.

Today a  Baltimore jury returned a verdict of  $9,985,000  against ATTRANSCO on behalf of  LeRoy J. Conway, Jr. and his wife, Yolanda.    Leroy's  father worked for ATTRANSCO beginning in the early 1960s through the 1970s as a merchant mariner in the engine rooms of ships with steam equipment and exposed his son to asbestos when he came home from work. Leroy's claim was for his exposure in the 1970's.  Leory was diagnosed with pleural mesothelioma when he was 44 years-old and underwent the removal of his lung shortly thereafter. Congratulations to my friends and co counsel Scott Frost, Demetrios Zacharapoulos, and George Tankard of Waters & Kraus on their well deserved victory.

In the courts rages a major debate as to whether the talc in varios products actually contains asbestos. RT Vanderbilt says no. Here is the proof submitted by one plaintiff with mesothelioma who alleges that Vanderbilt talc caused mesothelioma,

Click on this link. http://www.mesotheliomalegalblog.com/mesothelioma-litigation/pdf/(Swift%20v%20RT%20Vanderbilt)%20-%20Plaintiffs%20Affirmation%20In%20Opposition%20To%20SJM%20-%20(12-24-09).pdf

DAP was a manufacturer of asbestos containing caulk and spackle products. A DAP executive was questioned extensively about his companys knowledge of the dangers of asbestos and what it did in response to protect consumers.  Click here to read

http://www.mesotheliomalegalblog.com/mesothelioma-litigation/DAP-Executive-Admits-Asbestos-Knowledge-No-Testing-and-No-Warnings-in-New-Jersey-Mesothelioma-Case--1-36618.html

The industrial hygiene foundation was an industry sponsored organization that supplied asbestos companies with information concerning the dangers of asbestos from the time of its formation in the 1930s through the 1970s. The organization conducted medical research and disseminated the results to industry sponsors. The following deposition provided by a noted historian in a New York mesothelioma trial details thisknowledge.

Click Here http://www.mesotheliomalegalblog.com/mesothelioma-litigation/Historian-Testifies-About-Asbestos-Industry-Knowledge-in-Mesothelioma-Trial--1-36611.html

 Chemical company and pharmaceutical companies work sites are often significant sources for  to asbestos exposure for workers. Click below to read testimony documenting this fact 

http://www.mesotheliomalegalblog.com/mesothelioma-litigation/Ciba-Geigey--Executive--Testifies-in-New-Jersey-Mesothelioma-Case---1-36576.html

 Click here to read testimony of asbestos company  executive in New Jersey mesothelioma case 

http://www.mesotheliomalegalblog.com/mesothelioma-litigation/Certainteed-Executive-Forced-to-Admit-No-Testing-Done-Before-Selling-Asbestos-Products-in-New-Jersey-Mesothelioma-Case--1-36597.html

  click here to see the testimony  of world renowned asbestos expert in a mesothelioma trial testifying about company knowledge of the dangers of asbestos.

 http://www.mesotheliomalegalblog.com/mesothelioma-litigation/Asbestos-Expert-Testifies-Concerning-Company-Knowledge--in-Mesothelioma-Trial--1-36604.html

 It seems that  no matter who you speak with,  someone knows someone who has suffered or is suffering from mesothelioma. The disease claimed another celebrity, Merlin Olsen. Olsen -- who gained fame as a member of the Los Angeles Rams and went on to be a sportscaster, actor and spokesperson for FTD Florists -- was diagnosed with the rare asbestos cancer mesothelioma a few months ago.

According to the lawsuit, filed today in L.A. County Superior Court, Olsen worked after school doing manual labor when he was 10 or 11 and was exposed to asbestos.

Olsen claims he was exposed to asbestos later in life when he was doing drywall. Olsen also worked at NBC and 20th Century FOX and is alleging those companies negligently exposed him to asbestos.

The dangers of asbestos exposure were known to scientists and industry by the early part of the 20th century.  The relationship between asbestos exposure and cancer was known and acknowledged by at least the early 1940s. In the 1950s, Dr. Irving Selikoff began his research at the Mt Sinai School of Medicine. While Dr Seikoff certainly did not discover the dangers of asbestos, he did more than any other human being living or dead to publicize the information on asbestos and disease and as a result changed the landscape of occupational medicine forever.

I had the privilege of getting to know Dr Selikoff personally and was able to proudly call him my friend. I spent may hours with Dr. Selikoff at his home and at his office discussing the need to educate and protect workers and the public from the ravages of asbestos exposure. The last project we worked on together was to obtain funding for molecular biological research on the cause of environmentally induced cancer.

Although Dr. Selikoff is acknowledged at the preeminent expert on asbestos related disease, he avoided working as an expert witness because it took time away from his research. By clicking on the following link you can read the rare testimony provided by Dr. Selikoff in the landmark case of Clause Tomplait.

http://www.mesotheliomalegalblog.com/mesothelioma-litigation/documents.html

The NY Shipyard in Camden New Jersey was at one time one of the busiest shipyards involved in the construction of navy and merchant ships. the use of asbestos was common place. In the last 6 months alone we filed suit for people diagnosed with mesothelioma. There have been dozens of other mesothelioma cases diagnosed as a result of asbestos exposure at this shipyard.

Mesothelioma Doctor testifies about mesothelioma in carpenters. To read the testimony click here

One of the worlds foremost doctors on asbestos exposure and mesothleiioma testifies about mesothelioma in carpenters.

Click here to read the testimony

One of the foremost authorities on mesothelioma and corporate conduct in the world discusses how asbestos containing brakes cause mesothelioma.  Click here to read this very important affidavit.

Asbestos is a naturally occurring mineral that was used widely in products and industrial settings until it was eventually banned. Once hailed as "wonder mineral", asbestos was utilized mainly for its durability and resistance to heat, making it a vital component of many manufactured goods, building materials, packaging, gaskets, coatings and friction products.

From 1900 to the 1980s, asbestos was used in more than 3000 products. In addition, more than 30 million tons of the mineral were utilized in schools, power plants, buildings, homes and industrial facilities. Unfortunately, when any of these products become disturbed, they release asbestos fibers which can be inhaled into the body and may eventually cause mesothelioma, asbestosis and lung cancer.

The Environmental Protection Agency deems any item with 1% or more asbestos to be an asbestos-containing product. The following is a list of some of these products.