Mesothelioma is a form of cancer that is caused by the inhalation of asbestos fibers, and, unfortunately, is in most cases fatal. In addition to mesothelioma, inhalation of such fibers can cause bronchitis, asbestosis, lung cancer, and cancers of the digestive tract (esophagus, stomach, intestines, and the rectum). Approximately 80 percent of mesothelioma cases are fatal within the first year of diagnosis.
In settling a mesothelioma case, there are typically two “buckets” of money:
- bankruptcy trusts
- solvent companies
Bankruptcy Trusts
When mesothelioma lawsuits were first being filed, the most obvious defendants were the large manufacturers of asbestos, such as Johns Manville Corp., Owens Corning Corp., and W.R. Grace & Co. The verdicts against these corporations became so large and frequent that these companies (and several dozen other companies) filed for bankruptcy protection. Pursuant to bankruptcy code section 524(g), these companies turned over most or all of their assets to a newly-created bankruptcy trust. Such trusts are administered by a court-appointed trustee whose job it is to write checks, assuming the claim is valid. Currently there are approximately 60 such trusts with total assets in excess $30 billion.
Solvent Companies
In addition to bringing claims against bankruptcy trusts, we will assert claims against solvent companies for most of our mesothelioma cases. An employee of a solvent company could be exposed to asbestos in a variety of industries, including:
- Aerospace and aviation
- Automobile
- Boilermaking
- Chemical
- Construction
- Longshore
- Maritime
- Military
- Mining
- Petrochemical
- Plumbing
- Plaster / sheetrock
- Shipyard
- Textile
- Utilities
If a company does not offer a reasonable settlement, then most likely our affiliated law firm will co-counsel with a powerhouse trial to file suit. In general, lawsuits against wealthy companies that have employed individuals who have then contracted mesothelioma have gone quite well for the plaintiff. In the past four decades, there have been several thousand verdicts throughout the country, most of which have been in favor of the plaintiff.
Verdicts
In the past 40 years, there have literally been several thousand verdicts and settlements for victims who have been exposed to asbestos and have subsequently developed mesothelioma.
22 Plaintiffs — $4.69 billion
In July 2018, a St. Louis jury awarded $4.69 billion to 22 women and their families who claimed that Johnson & Johnson’s (“J&J”) talcum powder products, contaminated with asbestos, caused their ovarian cancer. The verdict consisted of $550 million in compensatory damages and an additional $4.14 billion in punitive damages.
During the trial, evidence was presented that J&J’s Baby Powder and Shower to Shower products had been tainted with asbestos for decades, despite the company’s fraudulent assertions of their safety. Medical experts testified that asbestos fibers, a known carcinogen, had entered the women’s bodies through the use of these talcum powder products, ultimately leading to the development of ovarian cancer. This testimony, alongside internal company documents suggesting that J&J was aware of the contamination risks but chose not to disclose them, played a critical role in the jury’s decision.
The compensatory damages were intended to cover the plaintiffs’ medical expenses, pain and suffering, and other related costs. Meanwhile, the punitive damages, designed to punish Johnson & Johnson for their misconduct and to deter similar future behavior, reflected the jury’s outrage at the company’s negligence and disregard for consumer safety.
Joel Hernandezcueva — $107 million (2023)
In 2023, a California jury awarded $107 million to the family of Joel Hernandezcueva, who died from mesothelioma. Hernandezcueva worked as a maintenance man at the Park Place complex in Irvine, California, where he was regularly exposed to asbestos while performing his duties. His family filed a lawsuit against several companies, alleging that their negligence contributed to his illness and eventual death. The jury found Union Carbide Corp. primarily responsible, assigning the company 46.4 percent of the damages. Union Carbide was accused of supplying raw asbestos to various manufacturers, knowing it posed severe health risks yet failing to warn workers like Hernandezcueva. The jury concluded that Union Carbide acted with malice, significantly impacting the size of the verdict. In addition to Union Carbide, the jury held E.F. Brady Co. Inc. and Elementis Chemicals accountable for their roles in Hernandezcueva’s asbestos exposure.
James McWilliams — $23 million (2023)
A Manhattan jury awarded $23 million to James McWilliams, an 81-year-old retired union steamfitter, who developed mesothelioma as a result of asbestos exposure. McWilliams spent his career working with various asbestos-containing products, including those manufactured by Jenkins Brothers, a valve manufacturer. The jury found Jenkins Brothers 90 percent liable for McWilliams’ illness and Johns Manville, a company that supplied asbestos-containing materials, 10 percent liable.
The damages awarded to McWilliams included $13 million for past pain and suffering and an additional $10 million for future pain and suffering. During the trial, evidence was presented that Jenkins Brothers was aware of the dangers associated with asbestos exposure but failed to provide adequate warnings or safety measures to protect workers like McWilliams.
Richard and Winifred Daciw — $25 million (2022)
A Philadelphia jury awarded $25 million to Richard Daciw, a 76-year-old plaintiff, in an asbestosis case against John Crane, Inc., a gasket and packing manufacturer. The lawsuit alleged that Daciw developed asbestosis due to prolonged exposure to asbestos-containing products manufactured by John Crane, Inc. and other entities throughout his career.
The award included $15 million for non-economic damages to Daciw, recognizing the severe impact of asbestosis on his health and quality of life. The jury also awarded $10 million for loss of consortium damages to his wife, Winifred Daciw, acknowledging the emotional and physical toll the illness had on their relationship and her well-being. During the trial, evidence was presented showing that John Crane, Inc. was aware of the dangers posed by asbestos but failed to provide adequate warnings or safety measures to protect workers like Daciw.
Ralph Hu — $36.5 million (2022)
A jury in Great Falls, Montana, awarded $36.5 million to Ralph Hutt, an Oregon resident who developed severe lung disease due to asbestos exposure while working at the W.R. Grace vermiculite mine in Libby, Montana. Hutt’s exposure to asbestos-containing materials during his employment resulted in significant health complications.
The jury found Maryland Casualty Company (“MCC”), which provided workers’ compensation insurance to W.R. Grace, 90 percent liable for Hutt’s illness. The verdict included $6.5 million in compensatory damages to cover Hutt’s medical expenses, pain and suffering, and other related costs, as well as $30 million in punitive damages.
Evidence presented during the trial showed that MCC was aware of the dangerous levels of asbestos at the W.R. Grace mine but failed to take adequate measures to protect workers like Hutt. This negligence contributed directly to Hutt’s health issues, making MCC responsible for the vast majority of the awarded damages.
The W.R. Grace vermiculite mine in Libby, Montana, has a long history of asbestos-related health issues, with numerous workers and residents developing diseases such as asbestosis, lung cancer, and mesothelioma due to prolonged exposure to asbestos. The mine was a significant source of vermiculite, a mineral used in various industrial applications, but the presence of asbestos in the vermiculite deposits posed severe health risks to those who mined and processed it.
Richard Booker — $22.17 million (2017)
A California jury awarded $22.17 million to the family of Richard Booker, who developed mesothelioma after being exposed to asbestos-contaminated talc while working at Walter N. Boysen Paint Co. and Dexter-Midland Chemical Co. The defendants in the case were Imerys Talc America Inc. and Vanderbilt Minerals LLC.
The jury found Imerys Talc 40 percent liable and Vanderbilt 60 percent liable for Booker’s illness. The total award included $17.6 million in compensatory damages to cover Booker’s medical expenses, pain and suffering, and other related costs, as well as $4.6 million in punitive damages.
During the trial, evidence was presented that both Imerys Talc and Vanderbilt were aware of the asbestos contamination in their talc products but failed to provide adequate warnings or take necessary precautions to protect workers. This failure to act responsibly contributed significantly to Booker’s mesothelioma, a deadly cancer caused by asbestos exposure. While working at these companies, Booker was exposed to asbestos fibers from the talc used in various products. This prolonged exposure led to his diagnosis of mesothelioma.
Steven and Kendra Lanzo — $117 million (2018)
A New Jersey jury awarded $117 million to Steven Lanzo and his wife, Kendra, in a case against Johnson & Johnson (“J&J”) and Imerys Talc America. Steven Lanzo developed mesothelioma, a deadly cancer associated with asbestos exposure, after using J&J’s Baby Powder and Shower to Shower products for more than three decades.
The jury determined that J&J was 70 percent liable for Lanzo’s illness, while Imerys was 30 percent liable. The verdict consisted of $37 million in compensatory damages, intended to cover the medical expenses, pain and suffering, and other related costs experienced by the Lanzo family. Additionally, $80 million in punitive damages were awarded.
During the trial, evidence was presented that both J&J and Imerys were aware of the potential for asbestos contamination in their talc products but failed to warn consumers or take adequate measures to ensure product safety. Internal company documents revealed that Johnson & Johnson had known for decades about the presence of asbestos in their talcum powder, yet they continued to market the products as safe for everyday use.
Alfredo Hernandez — $55.5 million (2001)
Plaintiff Alfredo Hernandez was awarded $55.5 million in damages following his exposure to asbestos. Alfredo Hernandez developed serious health issues, including mesothelioma, due to prolonged exposure to asbestos in his workplace.
James Petro Sr. — $28.5 million (2023)
A jury has granted a former pipefitter in New York $28.5 million after claiming that he developed lung cancer due to exposure to asbestos-related materials during the original construction of the World Trade Center. The exposure occurred while working with fireproofing insulation on the steel beams and elevator shafts of the building.
The jury held The Port Authority of New York and New Jersey, Mario & DiBono Plastering Company Inc., and Tishman Realty & Construction Company Inc. responsible for the damages awarded to James Petro Sr. The jury allocated $13.5 million for past pain and suffering and $15 million for future pain and suffering.
Petro worked as a union pipefitter during the construction of the World Trade Center, which took place from 1966 to 1975. Tishman was the general contractor, while the Port Authority controlled the site and construction details. Petro was present on site when DiBono applied the insulation, and he later developed lung cancer, allegedly due to inhaling asbestos fibers released during the insulation process. The defendants attempted to attribute Petro’s lung cancer to his smoking habits, but Petro argued that he had quit smoking in 1970.
Evan Plotkin — $15 million (2024)
Johnson & Johnson (“J&J”) and its subsidiaries were ordered to pay $15 million in compensatory damages by a Connecticut state court. The case was brought by Evan Plotkin, a real estate developer who developed mesothelioma after being exposed to asbestos-contaminated talc products, including talcum powder. The jury found J&J liable for negligence, strict liability, and failure to warn.
Plotkin argued that J&J’s talc products contained asbestos fibers, which led to his severe illness. The jury’s verdict held the company responsible for not only creating a dangerous product but also failing to adequately warn consumers about the potential risks associated with using talcum powder.
Bryce Zundel — $39 million (2024)
In September 2024, a Boston jury awarded $39 million to Bryce Zundel, a man who developed mesothelioma after being exposed to asbestos through medical talc powder. Zundel’s exposure occurred during a 2014 pleurodesis procedure, a treatment involving the injection of talcum powder into the patient’s chest cavity to prevent fluid buildup. The talcum powder, supplied by Cimbar Performance Minerals, was alleged to contain asbestos fibers, which ultimately led to Zundel’s mesothelioma diagnosis seven years later.
In Zundel’s case, the jury’s decision to award a total of $39 million included $21.5 million specifically earmarked for anticipated future pain and suffering, reflecting the severe impact of the disease on his life and the expected progression of his symptoms. The remainder of the award was intended to cover his past medical expenses, loss of income, and other related damages.
Cipriano and Maria Ramirez — $24 million (2024)
A Cook County Circuit Court jury awarded over $24 million to the family of Cipriano Ramirez, a former janitor who worked at an Avon Products facility in Illinois during the 1980s. Ramirez developed mesothelioma after being exposed to asbestos-contaminated talc at his workplace. The jury found that Avon Products negligently exposed Ramirez to the dangerous substance without proper warnings or safety measures.
The total award included $1 million in punitive damages, intended to punish Avon for its misconduct, and $3 million for loss of consortium for his wife, Maria, to compensate for the loss of companionship and support. The remainder of the award covered various damages, including medical expenses, economic loss, shortened life expectancy, disfigurement, emotional distress, loss of normal life, and pain and suffering.
The lawsuit claimed that Avon required Ramirez to handle asbestos-contaminated talc without providing adequate safety measures or warnings about the potential risks. It was argued that Avon had knowledge of the dangers associated with asbestos but failed to protect its workers, leading to Ramirez’s devastating illness.
Kyung Lee — $260 million (2024)
An Oregon jury returned a $260 million verdict against Johnson & Johnson (“J&J”). The case involved Kyung Lee, a 48-year-old woman who developed mesothelioma after using J&J’s talcum powder products for over 30 years. Lee’s lawsuit claimed that the talc products she used were contaminated with asbestos, which led to her diagnosis of mesothelioma.
The jury awarded Lee a total of $260 million, which included $60 million in compensatory damages to cover her medical expenses, lost wages, pain and suffering, and other related costs, as well as $200 million in punitive damages.