Asbestos Lawsuit Settlement Verdict Upheld in Virginia Supreme Court

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September 25, 2007

A $3.4 million mesothelioma wrongful death lawsuit verdict was recently upheld by the Virginia Supreme Court. The case was brought concerning a shipyard worker who died in 2005 of asbestos-related mesothelioma. The deceased was an employee of Newport News Shipbuilding from 1963 to 1967, just before the dangers of inhaling asbestos particles was deemed a serious health threat. The man was diagnosed in 2005 with mesothelioma and died six months later.

The plaintiff lived long enough to file suit against John Crane, Inc., Johns Mansfield Corp., and Garlock Sealing Technologies. The widow of the deceased initially won a settlement of $10 Million, which was later reduced to $10 by a Virginia judge. John crane was found to be responsible for $3.4 million in damages. John Crane and Garlock Sealing technologies were found responsible for $3.3 million in damages each. The $3.4 million verdict was one of the largest settlements in Virginia asbestos case history.

This case spotlights the growing number of shipyard workers who were employed in the industry before the known treat of asbestos. Many times, pipes and other equipment used in the shipyard industry were contaminated with asbestos-laden insulations. A combination of being unaware of the dangers of exposure, as well as working in close quarters without proper ventilation and respiratory protective equipment exposed countless workers to fine particulate matter. Once inhaled, the asbestos particles cannot be expelled from the tissues of the lungs. After time—even as long as twenty years after exposure—the asbestos fibers trapped in the lungs begin to cause scaring. Lung scaring leads to cancerous tumors in the lining of the lungs. If undetected, the tumors begin to spread to other parts of the body, such as the abdomen and heart. Untreated mesothelioma disease has a poor prognosis and sufferers usually succumb to death within a year of diagnosis.

It is important for shipyard workers who were employed prior to 1970 to consider the possibility that they have been exposed to asbestos. The earlier mesothelioma is detected, the greater chance that treatment may prolong survival rates. Although there is no definitive cure for mesothelioma-related cancers, advances in the study of mesothelioma has lead to new treatments for the disease.

Care of mesothelioma illness is costly. The chance that the former employer of the infirmed can be held responsible for the onset of the illness is high. Lawyers specializing in mesothelioma-related litigation offer the promise that families who are saddled with debt due to care of a loved one can be compensated by large monetary awards from lawsuits. If you or someone you know has worked in the shipyard building industry and either have or may have contracted asbestos-related mesothelioma, legal council should be sought to asses whether a lawsuit can be brought against the employer to help compensate personal injury from inadequate work practices during the mesothelioma sufferer’s employment.

Compensation for illness is the right of the mesothelioma patient. New cases concerning asbestos-related illness are being brought for decision, often with successful settlement.

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