Court Upholds $9 Million Shotgun Shell Mesothelioma Verdict

In July 2025, a Delaware jury ordered two shotgun shell suppliers to pay $9 million in damages to the family of mesothelioma victim Eugene Schoepke. Though the companies filed post-trial motions challenging this decision, the Delaware Superior Court denied their request, ruling that sufficient evidence had been provided to establish that the hunter’s fatal cancer was caused by exposure to asbestos fibers released while shooting.

shotgun shells

Mesothelioma Victim’s Shotgun Shell Exposure Established Through Expert Testimony

Eugene Schoepke died of mesothelioma in March of 2022 at the age of 84, just one month after being diagnosed with the rare, asbestos-related form of cancer. His family filed suit against E.I. DuPont de Nemours & Company and Sporting Goods Properties, Inc. (successor to Remington Arms Company), asserting that his death was the result of decades of hunting with Remington’s asbestos-containing shotgun shells.

The jury found that Mr. Schoepke’s mesothelioma was caused by asbestos exposure from the companies’ shotgun shells and that his exposure had been the proximate cause of his disease. They awarded $9 million in damages, apportioning 40% of the responsibility to Remington and 60% to DuPont. The jury did not find evidence to support awarding punitive damages.

Asbestos Companies’ Challenge to Mesothelioma Verdict Rejected by Court

After the verdict was handed down, DuPont and Remington filed motions arguing that Mr. Schoepke’s family had provided insufficient evidence to establish that they’d known or should have known that their asbestos-containing shotgun shells posed mesothelioma risks. They claimed that the law required specific evidence that the dangers of the shotgun shells had been established, and that the family had not met that level of proof, but Judge Sean P. Lugg rejected this argument, finding that the companies knew the mechanism of what happens when shotgun triggers are pulled, and that though they  “might not have known that their shells could release asbestos, they should have known” given that airborne asbestos dangers were well understood at the time.

The companies also argued that the family had failed to prove that Mr. Schoepke’s exposure was sufficient to establish mesothelioma causation under the law, but the court found the evidence presented by the family’s expert witnesses met the required level of proof. Similarly, the judge rejected the theory that DuPont couldn’t be held liable for Remington-manufactured shells, because the company’s co-branding on packaging, ongoing management and control of Remington, and advertising of shells in DuPont magazines created independent liability. Finally, the court granted the family’s request that they receive interest on their damages dating to the original August 2022 filing, which added a significant amount to the original $9 million verdict.

If you or someone you love has been diagnosed with mesothelioma, you need the guidance of people who understand all aspects of this rare and deadly illness. Contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608 to learn how we can help.

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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