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$28.5 Million: Lung Cancer Verdict Awarded by a Jury in New York

Fact checked and legally reviewed by Daniel Wasserberg, Esq. • Contributor & Legal Advisor

When asbestos particles enter the body, they remain intact and embed themselves in tissue, where they cause persistent irritation, scarring, and even genetic damage. Over time, this can lead to serious and often life-threatening illnesses such as mesothelioma, lung cancer, and asbestosis.

Tragically, the effects of asbestos exposure often don’t surface until decades after the initial contact, resulting in diagnoses that can be both sudden and devastating.

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The Client

After completing his service in the U.S. Navy, the client began a 35-year career as a steamfitter where he was exposed to asbestos across multiple New York worksites, including the World Trade Center. A hardworking member of the Local 638 chapter of the Steamfitter Union, he never imagined the companies he relied on for work would endanger so many people.

The client was initially diagnosed with asbestosis, which causes scarring and thickening of the lung tissue, leading to difficulty breathing. He acquired representation and began pursuing compensation for his condition.

Asbestosis is a serious disease on its own, but it can also serve as an early warning sign of more severe health issues. In this case, the client was later diagnosed with lung cancer.

Faced with increasingly serious health outcomes and a complicated legal situation, he needed experienced help fast. 

The Case

Although a different firm handled his initial asbestosis-related litigation, the client turned to our partner firm, Meirowitz & Wasserberg, for trusted representation following his lung cancer diagnosis.

Asbestos lung cancer lawsuits can be particularly complex. Unlike mesothelioma, where asbestos exposure is the only known cause, lung cancer can stem from many causes. Due to a history of smoking and other complicating factors, the client knew he needed an experienced firm with an established track record of success.

Meirowitz & Wasserburg were ready to accept the challenge. They helped the client build a strong case and file claims against multiple companies. While several defendants chose to settle with the victim out of court, others thought they could beat the claim at trial. 

The remaining three defendants put forth a range of defenses. They initially pointed to the client’s history of smoking, even though he had quit more than 50 years earlier. They also argued that his work at the World Trade Center site, which began in 1972, precluded any asbestos exposure, attempting to distance their responsibility from his diagnosis.

The client’s legal team presented key evidence demonstrating his use of asbestos-containing cement overspray during his employment. Expert medical testimony established a direct link between his asbestos exposure and his lung cancer diagnosis.

The jury was convinced, awarding the client $28.5 million in total damages, including: 

• $13.5 million for damages for past pain and suffering
• $15 million for future pain and suffering

Unhappy with the loss and unwilling to be held accountable for their negligence, the defendants appealed. The determined team at Meirowitz & Wasserburg successfully defended the client, leading the Supreme Court of New York to uphold the jury’s verdict and award, thus ensuring just compensation for the victim.

Meirowitz & Wasserburg: Our Partners in Justice

Our partner firm, Meirowitz & Wasserburg, is an industry leader in providing top-quality legal representation for victims of asbestos exposure and their families. This specialized firm of asbestos experts offers personalized attention to each client, combining the individualized care of a boutique practice with the extensive resources and recognition of a large firm. 

They take on difficult and intricate cases that other firms often avoid, recognizing the unique aspects of each situation and consistently achieving successful outcomes. The firm’s decades of experience have resulted in over $500 million in settlements and verdicts for victims and their families.

A diagnosis of an asbestos-related illness can be life-altering, but help is available. Reach out now for a free case evaluation, and let us help you pursue justice and financial compensation.