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Appeal Denied: Automotive Company Must Pay $1M to Mesothelioma Victim

A major motor company has been ordered to pay $1 million to a former dealership mechanic who developed mesothelioma after being exposed to asbestos fibers in brake pads. Experts say any exposure to asbestos fibers can lead to asbestos-related disease. However, it was this very belief that led to an appeal filed by the motor company. According to LexisNexis Company Law360, attorneys for the motor company argued that the Superior Court should “apply the state Supreme Court's recent decision in Betz v. Pneumo Abex LLC to the case, which prohibited the testimony of an expert that relied on the premise that “any exposure” to asbestos fibers can lead to asbestos-related disease.”

Per 360, a three-judge Superior Court panel, concluded that “the record before the Betz case differed from the factual and procedural record in the present appeal and held that the Betz ruling could not be applied, upholding the $1 million verdict awarded to the former mechanic and his wife. Three other companies were also held liable for the mesothelioma the plaintiff developed while working at the dealership for just several months in the 1950s.

About Mesothelioma

Malignant mesothelioma is a cancer that starts in cells in the linings of certain parts of the body, especially in the linings of the chest (pleural mesothelioma) or abdomen (peritoneal mesothelioma). Per the American Cancer Society, symptoms of pleural mesothelioma can include:

·Pain in the side of the chest or lower back

·Shortness of breath

·Cough

·Fever

·Excessive sweating

·Fatigue

·Weight loss (without trying)

·Trouble swallowing (feeling like food gets stuck)

·Hoarseness

·Swelling of the face and arms


Symptoms of peritoneal mesothelioma can include:

·Abdominal (belly) pain

·Swelling or fluid in the abdomen

·Weight loss (without trying)

·Nausea and vomiting

·Constipation


There is no cure for mesothelioma. However, if caught early, the disease can be treated. If you have worked with asbestos in the past and you have any of the symptoms listed above, see your immediately. Treatments for mesothelioma have greatly improved over the years, so there is always hope.

 

Sources

Knaub, Kelly. "Ford Dealership Worker's $1M Asbestos Verdict Upheld - Law360." Law360 - The Newswire for Business Lawyers. Portfolio Media, Inc., LexisNexis, 2017 May 2014. Web. 17 July 2017.

"Signs and Symptoms of Mesothelioma." American Cancer Society. American Cancer Society, Inc., 2017. Web. 17 July 2017.

"What is Mesothelioma?" American Cancer Society. American Cancer Society, Inc., 2017. Web. 17 July 2017.