Supreme Court of New York County Upholds Jury’s Decision in Woman’s Peritoneal Mesothelioma Case
The Supreme Court of New York County recently heard an appeal of a case involving a woman’s diagnosis and death from peritoneal mesothelioma. Though the company named responsible for her illness argued against the verdict, the higher court agreed with the jury, agreeing that the evidence supported their conclusion that her illness had been caused by asbestos in their product and that the company had been reckless in their failure to protect or warn against its use.
As a long-time nurse, Marlena F. Robaey knew exactly what it meant when she was diagnosed with peritoneal mesothelioma late in 2012. She had fallen at work before her diagnosis, something that had never happened despite other health issues including gout and diabetes. Prior to getting sick from the asbestos-related cancer, she had led an active social life, but that had to stop. She knew that she would be leaving her family behind, but put herself through numerous procedures and surgeries to try to delay that inevitable outcome. Those procedures included a complete hysterectomy and removal of her ovaries; the removal of the peritoneum connecting her stomach to other organs, chemotherapy, and removal of as much of the cancerous tumor as possible. She underwent incredible pain and side effects for years, and was both scared and depressed. Her husband, who relied on her heavily, had to live with the pain of watching her suffer. A jury hearing all of these details found that the fault for her illness lay with Felt Products Manufacturer (a/k/a Fel-Pro), the maker of automotive gaskets that she had been exposed to while helping her husband and laundering his clothes. They awarded her $50 million for past and future pain and suffering and awarded her husband $25 million for loss of consortium past and future.
If you or someone you love has been diagnosed with mesothelioma, you have a long and confusing road ahead of you. For information on how best to navigate the challenges of this disease, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
Written by Terri Oppenheimer
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