An asbestos lawsuit has resulted in a massive award for the plaintiffs, who accused Celanese Corp. of exposing a man to asbestos, resulting in his death from mesothelioma.
According to the asbestos lung cancer lawsuit, Dennis S. worked for Celanese Corp. from 1971 to 1980, where he was exposed to asbestos in the course of his work.
Celanese made several arguments that they were not liable for the asbestos mesothelioma that Dennis S. developed because they hired Dennis S. through a contractor. However, the court ruled that they had enough control over the work environment, meaning they had a duty to audit safety procedures.
The company also argued that Dennis S.’s exposure came from gaskets manufactured by another company, making the other company liable for the exposure. But the legal team for the estate found that the gaskets were only .035% of Dennis S.’s exposure, while the bulk of it was at the hands of Celanese Corp. The court sided with the estate of Dennis S.
Asbestos lawsuits like this are common. Humans have used asbestos, a naturally occurring mineral, since prehistory, though it did not come into widespread use until the Industrial Revolution. Since asbestos is both an exceptional thermal insulator and functionally fireproof, even under industrial conditions, the mineral found many uses in houses and boat building. Even the space shuttle included several asbestos components.
However, since before the turn of the twentieth century, doctors began to notice that people who worked with asbestos had a higher rate of lung disease than their peers. By the early decades of the last century, medical research had established a link between asbestos and terminal diseases like asbestos lung cancer, mesothelioma, and asbestosis.
Mesothelioma is a devastating disease. It is a cancer of any of several membranes that enclose various parts of the body, most often the membrane around the chest cavity.
Even among cancers, mesothelioma has a very poor prognosis, and most patients die within a year of their diagnosis. A minority of patients may benefit from a grueling combination of invasive surgery and powerful chemotherapy agents, but this is a taxing ordeal in and of itself, with no guarantees.
Asbestos lawsuits like this one typically allege that a company knew, or reasonably should have known, that asbestos exposure could be dangerous, but exposed their workers anyway, making them liable for diseases like mesothelioma and asbestos lung cancer.
These lawsuits typically seek compensation for wrongful death, medical costs, and punitive damages. In certain circumstances, a plaintiff in a lawsuit may sue for punitive damages: a cash award designed to punish offenders and discourage further misconduct. Asbestos lawsuits, along with drug/medical device lawsuits, are among the handful of situations US law allows for punitive damages.
Though Dennis S. filed the asbestos lawsuit, he died in December of 2014, three months later. The award will go to his family and estate. Though Celanese Corp. plans to appeal, the court awarded the estate $14 million in compensatory and punitive damages.
The Asbestos Mesothelioma Lawsuit is Case No. 2013CP4203915, filed in the Seventh Judicial Circuit of South Carolina.
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If you or a loved one were exposed to asbestos and developed mesothelioma, lung cancer, or cancer in the lining of the lungs, abdomen or chest cavity, you may be able to take legal action against the companies responsible. Don’t delay – in most states the statute of limitations is two years to file an asbestos lawsuit after you’re diagnosed. Obtain a free and confidential case evaluation be filling out the form below.
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