Last month, a state Supreme Court jury found John Crane Inc.—a Chicago-based manufacturer of asbestos gaskets—responsible for the wrongful death of a man exposed to the deadly material during his service in the U.S. Navy, and awarded him $1.42 million in damages.
William R. Voelker died just four months after being diagnosed with mesothelioma
—after a very fast (and very painful) battle with the cancer. His battle to fight it included surgery, radiation, and chemotherapy, none of which, unfortunately, was able to prevent his death. Part of the jury’s large award was for his exorbitant medical expenses to fight the mesothelioma cancer, and part for the tremendous suffering that he and his widow endured.
Exposure
Voelker was exposed to asbestos between 1967 and 1971, when he worked on U.S. Navy ships that contained parts produced by John Crane Inc. It was revealed during the trial that the company knew of the health dangers associated with asbestos exposure as of around 1940, but concealed these known risks from customers.
Unfortunately, experts are reporting that there are 3,000 new cases of mesothelioma victims reported each year in the U.S. Although the cancer arises outside of the lining of the lungs, it can eventually spread into the lungs.
Duty to Warn
In many cases arising out of asbestos exposure, courts have found that companies have a duty to warn of asbestos hazards, creating a potential cause of action in negligence. This is not just if the company manufactured the asbestos-containing part; to be sure, a company may be deemed negligent if it knew that the asbestos-containing part would be used with its product, and knew, at the time that it placed its product into the stream of commerce, that there were hazards associated with asbestos. That warning needs to be adequate and reasonable under the circumstances.
Specifically, the law states that one who sells a product is subject to liability for physical harm to the consumer if the seller is engaged in the business of selling the product and it is expected to and does reach the consumer without substantial change in the condition in which it is sold. Some of this reasoning comes down to how the product at issue is defined, and whether the risks were known or foreseeable, particularly if the company knew that its product would be used with an asbestos-containing component part, knew that asbestos was hazardous, and failed to supply an adequate warning when it placed its overall product on the market.
Harrell & Nowak: Skilled at Asbestos Litigation
If you or a loved one has been diagnosed with this deadly and aggressive disease, a mesothelioma lawyer with Harrell & Nowak, serving New Orleans and surrounding communities, can help you secure the compensation you deserve. Contact an attorney with Harrell & Nowak today to learn how you and your loved ones can receive maximum compensation in the wake of a mesothelioma diagnosis.