A New York jury has delivered justice to a family devastated by mesothelioma, ordering Vanderbilt Mining to pay $12.25 million in damages to the estate of a woman who died following decades of asbestos exposure from its mining operations.
Vanderbilt Mining Ordered to Pay Damages to Mesothelioma Victim’s Estate
After hearing extensive testimony, the St. Lawrence County jury found Vanderbilt Mining LLC liable for the mesothelioma death of 78-year-old Anna Bishop, who succumbed to the aggressive cancer on January 3, 2023. The case was brought on behalf of the woman’s estate by her sister, Linda Weaver, sister, who sought accountability for exposure that occurred near the company’s Balmat mining operations from the 1970s through 2008. The jury’s verdict came the day after closing arguments.
The six-person jury awarded $4.5 million for the pain and suffering Bishop experienced during her battle with mesothelioma, and an additional $7.75 million in punitive damages against Vanderbilt Mining LLC, reflecting the severity of the company’s conduct in exposing residents to deadly asbestos fibers.
Mesothelioma Followed Decades of Deadly Asbestos Exposure Near Mining Operations
Court records revealed that the mesothelioma victim, who was disabled for most of her adult years and rarely traveled far from her home, lived her entire life near the mining operations. The jury heard evidence that Vanderbilt’s talc mining operations regularly released substantial quantities of various types of asbestos fibers into the surrounding environment. These microscopic fibers, carried by wind and air currents from the mining site, created a hazardous exposure zone throughout the area.
During pre-trial proceedings, the mining company had petitioned to have the case dismissed, but the court denied their motion for summary judgment after Bishop’s legal team presented compelling evidence of the connection between the mining operations and her mesothelioma. Expert testimony revealed that, even using ultra-conservative calculations, she’d been exposed to asbestos levels 56 times higher than the threshold amount known to cause pleural mesothelioma over a lifetime, and there were talc particles within her lung tissue, directly linking her exposure to the mining operations.
Mining Company’s Mesothelioma Defense Rejected by Courts for Decades
Though Vanderbilt argued that their talc didn’t contain asbestos, the mesothelioma victim’s attorneys noted that New York courts have consistently rejected these arguments for more than four decades, dating back to 1980, and pointed to data showing that both Vanderbilt employees and area residents experienced what experts termed an “astronomically high incidence rate” of mesothelioma.
The $7.75 million punitive damage award that Vanderbilt was ordered to pay the mesothelioma victim’s family indicates that the jury saw a pattern of disregard for public safety that warranted additional financial punishment, beyond compensation for the victim’s suffering.
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
