The family of a 46-year-old janitor who died of malignant pleural mesothelioma has been awarded $107 million in compensatory and punitive damages by a California jury. Following a two-phase trial, the twelve-person-jury assigned blame to Union Carbide Corporation, Elementis Chemicals, and E.F. Brady Co., Inc.
California Jury Hears Details of How Janitor with Mesothelioma Was Exposed to Asbestos
According to the mesothelioma victim’s family, Joel Hernandezcueva died from asbestos-related mesothelioma in April of 2014 at the age of 46, decades after he had worked as a janitor and maintenance person at a Fluor facility in Irvine, California known as Park Place. From approximately 1992 through 1995, they argued that he had continuously been exposed to asbestos while the property’s walls were demolished and removed as part of tenant improvement and renovation work, as well as while performing routine maintenance and clean-up work.
The family’s claim asserted that the asbestos that led to the victim’s mesothelioma death came from dual purpose joint compound used on every wall at Park Place by E.F. Brady Company, Inc. The material was supplied by Union Carbide Corporation, and the family says the company knew that the product was carcinogenic.
Punitive Damages in Mesothelioma Case Tied to Knowledge of Asbestos’ Dangers
After hearing expert witness testimony and other evidence in the mesothelioma trial, the jury awarded Mr. Hernandezcueva’s family $32 million in compensatory damages, and then in a separate phase of the trial held four days later, awarded another $75 million in punitive damages. The $107 million total may increase if interest fees are imposed by the judge.
While there were several defendants who were named in the verdict, 46.4% of the blame for the victim’s mesothelioma was assigned to Union Carbide, with only that company said to have acted with malice. Attorneys for the victim had presented evidence that the company had never warned Mr. Hernandezcueva of the dangers of asbestos, and that “For decades, Union Carbide told its customers its asbestos was ‘different,’ ‘innocuous,’ and ‘not harmful,’ while its internal corporate documents revealed the truth: thousands – people such as Joel – would die.” The attorneys asserted that the company had assessed the cost of settling cancer claims against its potential profits from selling asbestos and had chosen profits over people.
If you or someone you love has been diagnosed with malignant mesothelioma as a result of a company’s negligence or malice, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608.
