A major insulation company has been ordered to pay $6.8 million to the widow of a former insulator, who died from mesothelioma just nine months after being diagnosed with the disease. The lawsuit, filed by the widow on behalf of herself and as the trustee of her late husband’s estate, claimed that the former insulator was exposed to asbestos dust from the mid-1960s to the 1970s while repairing and replacing asbestos insulation on hot water tanks, pipes, and boilers in the Boston area. The asbestos-containing material, she claimed, was supplied by the insulation company, among others.
The company, which distributed and installed asbestos insulation material until the 1970s, was found to be liable for breach of warranty, because it knew or should have known at the time it sold the asbestos-containing product that it presented an unreasonable health risk. The jury also found that the company had owed a duty to the worker, and negligently breached this duty by supplying an asbestos-containing product to the insulation company (he) worked for, and that the company’s conduct was a substantial contributing factor to the workers death.
Though the jury did not find that the insulation company was grossly negligent, in which case it would have owed punitive damages, it did award $6.8 million as follows: $1.05 million for medical expenses, $3.5 million for pain and suffering, and $500,000 for lost earning capacity. An additional $1.25 million was awarded the victims widow for loss of a spouse, and $250,000 was awarded to each of the victim’s two daughters.
Prior to his death, the former insulator was working as a Boston postal worker. He was just 60 years old.
If you have been exposed to asbestos, see your doctor right away—even if you are not experiencing any symptoms. Your doctor can refer you to a specialist who can assess your risk of developing mesothelioma or perform special tests to determine if you might already have the disease. Though there is no cure for mesothelioma, treatment options are available—especially if the disease is caught early.
Sources
"Family of Boston Letter Carrier Receives $6.8M Asbestos Verdict." WBOY. Nexstar Media Group, Inc., WorldNow and WBOY Television, 06 Oct. 2017. Web. 22 Oct. 2017.
GlobeNewswire. GlobeNewswire, Inc., a Nasdaq Company, 2017. Web. 22 Oct. 2017.
Siegal, Daniel. "New England Insulation Hit With $6.8M Asbestos Verdict." Law360. Portfolio Media, Inc., 05 Oct. 2017. Web. 22 Oct. 2017.
