Pittsburgh, PA — A Pittsburgh jury has awarded a $3.8 million verdict to a retired boilermaker, Harry Chirdon, and his wife, against Chirdon’s former employer, boiler company Foster Wheeler, for its role in his diagnosis of mesothelioma. The substantial sum includes not only compensation for the Chirdons’ medical and personal losses but also punitive damages, a rarity in asbestos litigation, highlighting the severity of the company’s misconduct.
The trial concluded on Sept. 26 at the Allegheny County Court of Common Pleas under Judge Arnold Klein. It uncovered that Chirdon, now 76, had suffered significant exposure to asbestos during the short span of eight to ten weeks while working at Foster Wheeler. Despite the company’s denial of the presence of asbestos at the site and their attempt to shift the blame to other premises owners, evidence presented in court painted a different picture.
David Halpern of The Halpern Law Firm stated, “We’re not aware of any other cases that have awarded punitive damages for employer liability.” His sentiments were echoed by his co-counsel, Chris Madeksho of Madeksho Law, who noted the impact of discredited company witnesses on the jury. Madeksho explained how the jury’s perception shifted critically when inaccuracies in the testimonies of these corporate representatives were brought to light.
Further poking holes in the defense, Madeksho recalled an incident where a corporate representative was unable to acknowledge the date on a key contract when presented during the trial. This document crucially indicated that Foster Wheeler was indeed responsible for maintaining safety standards at the worksite, directly countering other testimonials which attempted to deflect responsibility.
“The jurors rolled their eyes,” said Madeksho, illustrating the jury’s growing distrust in the credibility of the defense. This moment underscored the jury’s decision to not only hold Foster Wheeler accountable for Chirdon’s mesothelioma but also to impose punitive damages totaling $1.5 million.
The verdict also allocated $1.95 million in noneconomic damages directly to Harry Chirdon and an additional $350,000 to his wife for loss of consortium, highlighting the significant emotional and relational toll the disease has taken on the family.
Ken Behrend of Behrend Law Group, part of the plaintiffs’ legal team, pointed out, “This case serves as a precedent for how seriously juries can take corporate negligence and deceit in relation to worker safety.” His view reflects a broader legal perspective that the Chirdon verdict might influence future asbestos litigation and employer liability cases.
Representatives from the law firm Rawle & Henderson, defending Foster Wheeler, declined to comment following the verdict. The award represents a significant step in recognizing and rectifying the suffering and injustice faced by workers like Chirdon who are exposed to hazardous conditions through no fault of their own, and often without their knowledge.