A Virginia jury ordered Norfolk Southern Railway Company to pay $5 million in damages to the estate of a former rail car repair worker who developed asbestosis and died from the disease. Steven Fowlkes had worked for the railroad company between 1979 and 1990 and was never warned of the dangers arising from exposure to asbestos-containing brake shoes and other asbestos-containing insulation in his workplace.
Asbestosis and Mesothelioma Both Linked to Exposure to Toxic Mineral
Asbestos is a mineral that has been directly linked to multiple serious and deadly diseases, including malignant mesothelioma, asbestosis, asbestos-related lung cancer, and others. Though the material’s toxicity has been suspected for decades, it was confirmed in the mid-1970s. Despite being aware of asbestos’s dangers, Norfolk Southern never conducted any air tests of his workplace environment, offered him any type of protective gear, or warned him that his health was at risk from exposure to the material.
According to evidence submitted at trial, Norfolk Southern did not take action to prevent mesothelioma or other asbestos-related diseases until 1988, when they hired asbestos abatement contractors to clean the toxic material out of the shop where the asbestosis victim had worked. Mr. Fowlkes spent his career working at the railroad’s Lambert’s Point car repair shop, where his responsibilities included changing out asbestos-containing brake shoes in the rail cars.
Railroad Company Denies Victim’s Asbestosis Diagnosis
In response to the claim, Norfolk Southern’s defense was to deny that Mr. Fowlkes had asbestosis. They argued that he had pulmonary fibrosis from an unknown cause and also relied heavily on pointing to his longtime smoking history. They claimed that there was little risk of being diagnosed with an asbestos-related disease like mesothelioma or asbestos from railroad brake shoe dust.
Despite the company’s arguments, the jury found evidence from two pathologists who found asbestos in Mr. Fowlkes’ lung tissue more compelling and awarded the estate $5 million in damages. The award was reduced to $1 million by the jury’s conclusion that cigarette smoke had played a role in his illness.
If you or someone you love has been diagnosed with an asbestos-related disease, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
