Longshoreman With Mesothelioma Wins Fight for Medical Expenses
Jerry Craft’s long battle with the companies that caused his malignant mesothelioma has finally been resolved after an appeals court ruled in his favor and granted him the funds for his future medical expenses. The 84-year-old Craft was first diagnosed with the rare and fatal form of cancer in 2017 after a long career as a longshoreman working on the New Orleans Riverfront. Upon diagnosis, Mr. Craft filed suit against several of the stevedore companies for whom he worked, and most of them settled with him out of court, but Ports America Gulfport and a few other defendants chose to fight his claims in court.
Upon hearing the details of his case, the jury decided against the defendants and in his favor. He was awarded $1 million for past and future physical pain and suffering, $250,000 each for past and future medical pain and suffering and for past and future physical disability, $100,000 for past and future loss of enjoyment of life, $360,000 for past medical expenses and another $1 million for future medical expense, for a total of $2.96 million. This total was reduced based upon some of his settlements, and following this reduction the companies argued successfully that he should not be awarded any monies for his future medical expenses. Mr. Craft and his family appealed this decision, and the Court of Appeal of Louisiana, Fourth Circuit agreed, re-awarding him the monies he needs to continue his medical treatment and prolong his life.
Court restores $1 million lost on appeal for future medical expenses
Any person diagnosed with malignant mesothelioma can attest to the need for medical treatments of all kinds, ranging from curative to palliative. In Mr. Craft’s case, medical testimony was provided indicating that though he was not a good candidate for surgery, the use of chemotherapy and other palliative treatments was providing him with both pain relief and an extension of survival. The court agreed that this was indeed necessary and restored $1 million for future medical expenses.
The journey taken by malignant mesothelioma victims is very difficult, and many of the challenges arise from those who were originally responsible for the asbestos exposure that caused their illness. If you are struggling, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 for help.
Written by Terri Oppenheimer
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