New York, NY – An 81-year-old individual suffering from mesothelioma was awarded a $13 million settlement for past pain and suffering and an additional $10 million for future pain and suffering by a New York jury earlier this year. The verdict held valve manufacturer Jenkins Brothers responsible for negligence in the case. The company has since appealed the decision, but the Supreme Court of New York’s Appellate Division upheld the jury’s ruling and allowed the verdict to stand.
The lawsuit was filed by James McWilliams, a retired union steamfitter who worked with valve flange gaskets and valves from 1960 to 1996. McWilliams attributed his diagnosis of pleural mesothelioma to his exposure to asbestos in these parts, many of which were manufactured by Jenkins Brothers. It was alleged that the company was aware of the dangers associated with asbestos but failed to take appropriate action to discontinue its use or warn those who came into contact with the materials.
In response to the jury’s verdict, Jenkins Brothers sought a judgment notwithstanding the verdict, a new trial, or a reduction of the settlement amount. However, the Appellate Division’s First Department rejected the company’s requests for several reasons. The court determined that the victim had successfully established asbestos exposure, the trial court had appropriately handled the evidence, and Jenkins Brothers had failed to challenge the jury’s verdict in a timely manner.
The justices of the appellate division acknowledged the company’s concerns regarding certain comments made by the victim’s counsel. Nevertheless, they concluded that these remarks did not warrant reversal given the strength of the plaintiff’s case. The court affirmed the trial court’s decisions regarding the jury’s settlement, stating that it did not deviate significantly from what could be considered reasonable compensation.
If you or someone you know has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can provide assistance and information regarding your rights. Contact them today at 1-800-692-8608.
Terri Heimann Oppenheimer, head writer of the Mesothelioma.net news blog, expressed her belief in the power of knowledge and her commitment to informing readers about the impact of mesothelioma, the latest research and medical advances, and the personal stories of victims. She holds a degree in English from the College of William and Mary.
In conclusion, the New York Supreme Court’s Appellate Division upheld a $23 million settlement awarded to an mesothelioma victim against valve manufacturer Jenkins Brothers. The court ruled in favor of the victim, affirming that the company was negligent in its handling of asbestos exposure. Mesothelioma.net provides resources and support for individuals diagnosed with mesothelioma.