In 2015, Michael Donovan died of malignant pleural mesothelioma. The UK citizen had been exposed to asbestos over the course of his career as an engineer in the Royal Fleet Auxiliary during the 1970s and 1980s. His widow, Roseann, filed suit against several American companies whose asbestos-contaminated products had been used in the ships’ construction, and this week she was awarded $18 million by a jury in Broward County, Florida.
RFA Widow’s Mesothelioma Lawsuit Faced Multiple Challenges
As is true of many mesothelioma lawsuits, Mrs. Donovan’s pursuit of justice on behalf of herself and her late husband encountered many challenges. Though she and her husband were both British, she filed suit in a Florida court based on some of his work rebuilding, repairing and maintaining the RFA ships having occurred in ports along the coast of Florida. The asbestos companies filed motions for summary judgment, arguing that there was no proof that the asbestos Donovan had been exposed to in Florida had caused his illness.
After defeating the asbestos companies’ attempts to dismiss the mesothelioma case based on jurisdiction, Mrs. Donovan still faced the complexities that occur when a foreign citizen pursues a claim against an American company. Juries have traditionally been hesitant about providing victims from outside the country with significant damages. The matter was further complicated by the impact of COVID, which kept many witnesses, and Mrs. Donovan herself, from traveling to the United States and testifying or being present in person.
Multiple Witnesses Testified Remotely in $18 Million Mesothelioma Lawsuit
Despite technical difficulties, eleven different witnesses testified remotely regarding the mesothelioma victim’s work experience and asbestos exposure, as well as other information in support of the widow’s case. The jury was able to accept the use of technology and Mrs. Donovan’s absence from the courtroom and instead focused on the testimony presented.
Because Florida law prohibits damages for pain and suffering an individual experiences after a mesothelioma death, the jury instead provided $1 million for each year of life expectancy that the widow lost as a result of her husband’s death. This was attributed to the mental pain she suffered from watching her husband die and from no longer having him in her life.
If you or someone you love has been diagnosed with malignant mesothelioma, it is important that you have knowledgeable advocates supporting you. For information on how the Patient Advocates at Mesothelioma.net can help, contact us today at 1-800-692-8608.
