A Florida jury has awarded a 64-year-old woman diagnosed with peritoneal mesothelioma $18 million in damages after agreeing that a brake-grinding machine led to her secondary exposure to asbestos. Hennessy Industries, successor to AMMCO, was one of several defendants named in the victim’s personal injury lawsuit.
$18 Million Verdict to be Divided Among Multiple Defendants
Denise Guth Cook was diagnosed with peritoneal mesothelioma after having spent years in her father’s auto shop and laundering her father’s and brothers’ work clothes. The men had all been mechanics during her childhood and teen years, and as they replaced and repaired customers’ brakes, their hair, skin, and clothing were covered with brake dust.
When her family members came home each day, Ms. Cook was exposed to this dust, which contained the chrysotile asbestos that she blames for her mesothelioma. Though Hennessey Industries asserted that the material does not cause peritoneal mesothelioma in women, her expert witnesses convinced the jury that the secondary exposure she suffered was a result of the dust emitted by the company’s brake grinders.
Brake Company’s Failure to Warn Leads to $18 Million Mesothelioma Verdict.
Hennessy’s attorneys argued that Ms. Cook’s mesothelioma might have been the result of genetic factors or exposure to asbestos in other companies’ products, suggesting that she had been exposed to asbestos in cosmetic talc products or auto body filler. They also defended the company’s actions, saying that when the Occupational Safety and Health Administration had first issued asbestos regulations in 1972, the company began testing and putting warnings on new tools. They claimed that the company had even sent representatives to existing customers to make sure they knew of the risk posed by the brake grinders. Despite this, the jury found the company had been negligent.
If you or someone you love has been diagnosed with mesothelioma after occupational exposure or secondary asbestos exposure, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
