A jury has awarded more than $14 million after deciding that the plaintiff contracted asbestos manufactured by Union Carbide at his family business during 1970s. The asbestos exposure caused him to contract a deadly form of abdominal cancer called mesothelioma. Mesothelioma also attacks the linings of the lungs and is almost always fatal. While mesothelioma has an extremely long latency period (the period of time between the exposure to asbestos and the manifestation of the disease) of 30 years or longer, once it is diagnosed, the life expectancy of the victim is very short.
Jurors found that Union Carbide was negligent for selling asbestos fibers to other companies, which had used the fibers to make joint compounds used by construction companies. An important fact established in the trial was that, although the asbestos products that the plaintiff was exposed to contained deadly asbestos fibers, the product packaging did not contain adequate warnings nor did the labels warn that the products contained asbestos. This is known as a failure to warn claim.
Jurors also found that four of the compound manufacturers, including Georgia-Pacific, share some of the responsibility for causing the complained of illness. It is not uncommon to find that as many as 20 or 30 asbestos-containing products were located at a factory or plant in the 1970’s or 1980’s. Asbestos, which is a natural product and mined from the earth, was widely used in many insulation products, safety equipment, fire proofing, fire bricks, flooring materials, ceiling tiles, roofing shingles and many other products.
In April 2008, jurors awarded more than $24 million to a doctor who contracted the same illness.
While many of the traditional asbestos defendants have filed for and received bankruptcy protection, there are a number of asbestos injury trusts that have been set up to compensate asbestos victims for their injuries. The first step in this type of litigation is for the victim to complete a work history survey which details every job the victim has had. This should include the dates of the job, location, duties performed and an exhaustive list of asbestos-containing products the victim remembers working with or around. This will also be supplemented with a list of co-workers at each location who may be able to help identify asbestos-containing products that were known to be used at the work location by others who may have been working side-by-side with the plaintiff.
While I started my career defending asbestos companies in litigation, I have exclusively represented plaintiffs when involved in asbestos litigation for the past 20 years. We are experienced and skilled Georgia personal injury lawyers. We have recovered millions of dollars for our clients.
Robert J. Fleming has been handling asbestos injury, dental malpractice, bus accidents, car accident cases and premises injury cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 20 years. He practices in and around the Atlanta area including handling lawsuits in Fulton, DeKalb, Clayton, Gwinnett, Cobb and other counties and nearby cities including Alpharetta, Austell, Avondale Estates, Chamblee, College Park, Conyers, Duluth, Decatur, Doraville, Hapeville, Johns Creek, Jonesboro, Lawrenceville, Norcross, Peachtree City, Riverdale, Roswell, Sandy Springs, Stone Mountain, and Smyrna. If you have been seriously injured in a car accident and would like quality legal representation, contact Robert J. Fleming directly on (404) 525-5150 or contact us online.