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E-Bulletin -
2008
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New Jersey Man Awarded $30 Million in Mesothelioma Case
Although the New Jersey docket of open asbestos cases has dwindled to a fraction of its size from just a few short years ago, the industry is not yet past the hazards of this litigation. An Essex County jury has reached what is believed to be the highest asbestos verdict ever in New Jersey, awarding $30.3 million to the surviving family members of a fifty-year old man who died of mesothelioma. The plaintiffs alleged their decedent was both directly exposed to asbestos while working summers at an automobile warehouse and indirectly exposed to asbestos fibers brought home on the work clothes of the decedent’s father. While traditional “asbestosis” (fibrosis and scarring of the lung tissue from exposure to asbestos fibre) is dose related, the accepted medical opinion is that even a limited exposure can result in the development of mesothelioma. This form of lung cancer, which is generally fatal, has a long latency period and can develop even three to four decades after a person is exposed to asbestos. Accordingly, while a large drop in traditional fibrosis claims has been seen, there continues to be a significant number of claims for mesothelioma. The number of mesothelioma claims may even increase in the future, as the once latent disease becomes manifest. In light of this recent jury award, the asbestos industry and its insurers can not afford to look past these claims. If you are the risk manager or insurer for an asbestos-related industry in New Jersey, please don’t hesitate to contact Golden, Rothschild, Spagnola, Lundell, Levitt & Boylan, P.C. We would be glad to further discuss this verdict, and its possible implications, with you.
E. Richard Boylan, Esq. is a shareholder of GRSLL&B and practices in the areas of Asbestos Litigation, Insurance Defense, Toxic Tort Litigation, Products Liability Litigation and Worker's Compensation.
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