Consolidating Mesothelioma Lawsuits Can Offer Benefits to Victims

Once a victim of asbestos exposure is diagnosed with mesothelioma, they have numerous decisions to make, and one of the most important for their family is whether or not to pursue legal action against the company that exposed them to the carcinogenic material. Filing a mesothelioma lawsuit can lead to significant compensation that both pays for medical expenses and secures their family’s future, but the idea of facing powerful asbestos companies in court can be intimidating. For that reason, many victims with similar exposure elect to consolidate their cases. Though this makes it easier on the victims and also helps the courts to get through their voluminous caseloads, asbestos companies often argue against these consolidations. Though they point to factual differences in the cases, the real reason is often simply that they hope to make things harder on victims, wearing down their will to pursue justice.

Victims of Asbestos Share Common Backgrounds and Fates

A recent example of this was seen in the Supreme Court of New York County, where several plaintiffs sickened by asbestos-related illnesses, including mesothelioma, requested consolidation of their cases. Though the asbestos companies objected, the judge reviewed the cases and agreed that 8 men’s cases could and should be consolidated into pairs as follows:

  • Thomas Knudsen, who died in May of 2017 of pleural mesothelioma after having been exposed to asbestos from the 1950s through the 1990s. He had worked as a residential apprentice electrician, working on asbestos-contaminated boilers and pipes, in the U.S. Navy removing asbestos insulation and mixing asbestos cement, and as an electrician in residential commercial and industrial sites, working on numerous types of asbestos-contaminated materials.
  • Peter McNally, who died of pleural mesothelioma in October 2016 after having been exposed to asbestos from the 1960s through 2002. He had worked as a residential apprentice electrician, working on asbestos-contaminated electrical wires and equipment as well as building materials, in the U.S. Navy removing asbestos insulation, and as a journeyman electrician working at industrial and residential sites working on numerous types of asbestos-contaminated materials.

The next consolidated pair was:

  • Richard Agosto, a 76-year-old living with lung cancer after having been exposed to asbestos from 1961 to 2003 while working as a maintainer’s helper, cleaning up rooms containing asbestos-contaminated equipment, then later as a maintainer working with that equipment.
  • Joseph Prestia, an 82-year-old living with lung cancer after having been exposed to asbestos from working as a construction worker and contractor, and was constantly exposed to asbestos-contaminated equipment and building materials.

The next consolidated pair was:

  • Robert Gorley, who died from lung cancer in September of 2016 after having been exposed to asbestos from the 1960s to the 1990s as an auto mechanic, while in the Navy and while working construction. Throughout these jobs he was exposed to asbestos-contaminated materials.
  • Fred Haddad, who died from lung cancer in January of 2016 after having been exposed to asbestos from 1956 to 1978 when he served in the Navy and worked as a laborer. During that time he was exposed to asbestos-containing pipe insulation and equipment.

The last consolidated pair was:

  • Anthony Baldino, who died from pleural mesothelioma in October of 2016 after having been exposed to asbestos from 1930 to 1969 when he worked as a child, as a machinist helper in the U.S. Navy and then later in his life when he worked as a machinist and auto mechanic. Throughout these jobs he was exposed to asbestos from asbestos-containing cement and building materials, from insulation and equipment, and auto parts.
  • Anthony Celardo, who died from pleural mesothelioma in December 2017 after having been exposed to asbestos from 1942 to 1967 when he worked as a ship fitter in the Brooklyn Navy Yard and as an auto mechanic. Throughout these years and job responsibilities he was exposed to asbestos-containing insulation, equipment and auto parts.

Judge Agrees that Consolidation Is In Best Interest of All Involved

In deciding that these mesothelioma and asbestos lung cancer cases could be consolidated, Judge Mendez said, “These actions thus consolidated have the same legal issues and similarity of facts, requiring consideration of the same or similar factual evidence. These commonalities favor consolidation which is in the interests of justice and judicial economy.”

There are many steps available to make things easier for mesothelioma victims. To learn more about how using the proper resources can make your road easier, contact the Patient Advocates at Mesothelioma.net com today at 1-800-692-8608.

Terri Heimann Oppenheimer

Terri Oppenheimer

Writer
Terri Heimann Oppenheimer is the head writer of our Mesothelioma.net news blog. She graduated from the College of William and Mary with a degree in English. Terri believes that knowledge is power and she is committed to sharing news about the impact of mesothelioma, the latest research and medical breakthroughs, and victims’ stories.

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