California Man Awarded $12M For Injuries From Exposure To Asbestos 40 Years Ago
A former U.S. Navy machinist was recently awarded $12 million for his exposure to asbestos in the early 1960’s which caused him develop mesothelioma – a form of cancer of the mesothelial lining of the lungs and the chest cavity that is almost always associated with asbestos exposure.
Product liability case with a long history
This California product liability lawsuit involves former U.S. Navy machinist, Charles Cundiff, who worked on a naval ship from 1962 to 1966. As part of his duties, he handled cement that was used to overhaul the USS Kitty Hawk. However, the cement contained asbestos and Cundiff, now 66 years old, developed mesothelioma and is now terminally ill.
He filed his lawsuit against John Crane, Inc., the manufacturer of the cement, and Lone Star Industries, the company who delivered the cement, and alleged that the companies failed to warn him about the potential health hazard of handling the asbestos-laden cement. A Lost Angeles jury awarded him $12.1 million - $10 million for pain and suffering, $506,000 for lost wages and another $1.5 million for his wife for loss of consortium (the value of household services).
Asbestos litigation: Looking forward
Asbestos litigation is the longest running mass tort litigation in U.S. history – and the most expensive. While many people think that asbestos litigation is over, it isn’t. Looking forward, it is estimated that the rate at which people are diagnosed with cancers due to asbestos exposure will increase in the next 10 years and that court costs and damage awards will be hundreds of billions of dollars.
Statute of limitations issues
Most states only allow a specific amount of time in which to file a lawsuit. However, some lawsuits can be filed years later when the injury is discovered. While it’s always advisable to discuss your situation with an experienced attorney as soon as is practical, it’s also important to realize that every case is different and will depend on the facts and circumstances surrounding it. So, even if you think that it’s too late to be compensated for your injuries, it may not be. A qualified products liability attorney will be able to provide more information and most provide free consultations.
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