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Near $18 Million Award Largest to Date in NY Secondhand Asbestos Exposure Case

In a record-setting case decided in January of 2017, a $75 million verdict was entered against two automotive gasket manufacturers in a secondhand asbestos exposure case. The award consisted of $50 million for the wife of the maintenance worker and home-based mechanic in the case and $25 million for the husband. The $50 million portion of the award included $40 million in past pain and suffering and $10 million in future pain and suffering. The $25 million portion consisted of $15 million for past loss of consortium and $10 million for future loss of consortium.

The plaintiff’s filed suit against a number of defendants who they believed caused the wife’s peritoneal mesothelioma. The plaintiff was allegedly exposed to asbestos dust through contact with her husband who made automotive repairs at home including work with brakes, clutches, and manifold gaskets. Exposure was also allegedly caused by asbestos dust that the husband brought home on his clothes and body after performing maintenance work at a local hospital.

The two automotive gasket manufacturers named in the suit lost the case, but challenged the verdict. In a post-trial motion, granted solely with respect to the $75 million jury verdict, the award against the defendants was reduced to $17,250,000.

The near $18 million award is still the largest New York appellate upheld asbestos award to date, at nearly $8 million dollars higher than the preceding largest to date, which was $9.5 million.

The reduced award comprised $16 million for the mesothelioma victim, including $12 million for past pain and suffering and $4 million in future pain and suffering. The husband’s award consisted of $1,250,000, including $1 million for past loss of consortium and $250,000 million for future loss of consortium.

In addition to being the largest award of its kind to date in New York, it is the longest asbestos pain and suffering period remitted to date, consisting of 52 months of past pain and suffering and 12 months of future pain and suffering, which translates to $230,000 per month in past pain and suffering, $333,000 per month in future pain and suffering, $19,200 per month in past loss of consortium, and $20,800 per month in future loss of consortium.

If you have been exposed to asbestos, see your doctor right away. Your doctor can evaluate your risk of developing asbestos-related diseases such as mesothelioma and refer you to a specialist if you are found to be at risk. A specialist can set up a monitoring plan to help detect mesothelioma in its early and most treatable stages. Talk to your doctor about your risk today.

 

Sources

Law.Justia.com. Justia, 2018. Web. 06 Dec. 2018.

“New York Auto-Parts Case Nets Mesothelioma Sufferer $75 Million Verdict.” Lexis Nexis Legal News. RELX Group, LexisNexis, 31 Jan. 2017. Web. 06 Dec. 2018.

“New York's Top Verdicts.” New York Magazine. New York Media LLC., 10 Jan. 2018. Web. 06 Dec. 2018.

Supreme Court of the State of New York. 10 Oct. 2018. Web. 06 Dec. 2018.