Archive for category Financial

The family of a Tyler, Texas woman that passed from mesothelioma have recently filed a wrongful death lawsuit to obtain a mesothelioma settlement.  Claudia Headley lost her battle with the disease on May 30, 2008.  Robert Headly, her husband, and sons Scott and Steven filed the suit against Shell Energy North America (US) LP, Royal Dutch Shell PLC, Exxon Mobile Corp. and Alon USA, as successor in interest to Cosden Petroleum, on May 28, 2010 in the Tyler Division of the Eastern District of Texas.  Exposure to asbestos is almost exclusively the cause of the rare and aggressive cancer mesothelioma.  It is a disease that can take 15-40 years to develop, often starting in the lungs (pleural mesothelioma) or the abdomen (peritoneal mesothelioma).  Victims of the disease typically have an average life expectancy of a year following a diagnosis.

The case of Mrs. Headley is commonly referred to as secondary asbestos exposure because it is believed that her disease was caused from the asbestos fibers brought home on her family’s work clothing.  Much of her family including her father, husband, and son were employed at various oil refineries in Texas.   The case contends that Claudia Headley was exposed because she would check the pockets and wash her family’s work clothing often coated with asbestos dust from work.

Instances of secondary exposure illustrate the dangers associated with asbestos.  Unfortunately, despite never working directly with asbestos products, Mrs. Headley died from this deadly cancer.  Because many of the asbestos manufacturers were aware of the potential hazards of their product, yet hid the information from the public, the area of mesothelioma law has evolved to help compensate victims and their families. The Headleys are seeking wrongful death damages for pecuniary loss, termination of the husband-wife relationship, mental anguish, loss of household services, termination of the parent-child relationship, necessary medical, funeral and burial expenses, exemplary damages, interest and court costs.

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A former employee of the Los Angeles Department of Water and Power and his wife were just awarded $208 million in damages as part of a mesothelioma settlement.  Rhoda Evans, and her husband, Bobby Evans, were awarded the sum from the CertainTeed Corporation and the LA Dept. of Water and Power after Rhoda developed mesothelioma.  Mesothelioma is a very rare and aggressive cancer that is caused almost exclusively by exposure to asbestos.  The disease can take 15-40 years to develop, often starting in the lungs (pleural mesothelioma) or the abdomen (peritoneal mesothelioma).  The average life expectancy following a diagnosis averages around one year.

Mrs. Evans is a victim of what is commonly referred to as secondary asbestos exposure resulting from asbestos fibers from her husband’s work clothing.  Mr. Evans was employed by the Los Angeles Dept. of Water and Power and his job included cutting CertainTeed water pipes composed of asbestos cement.  The cutting process released microscopic asbestos particles into the air which then settled on Mr. Evans clothing.  It is believed that Rhoda Evans was exposed because she often washed her husband’s clothes which again released the fibers into the air where she could inhale them.

The nature of secondary exposure illustrates the dangers associated with asbestos.  Mrs. Evans never worked with asbestos products yet is now dying from the toxic fibers her husband unknowingly transported home.  Because many of the asbestos manufacturers were aware of the potential hazards of their product yet hid the information from the public, the area of mesothelioma law has evolved to help compensate victims.  In this case, the jury awarded $200 million in punitive damages and $8 million in compensatory damages.  CertainTeed has been assigned 70% and the L.A. Dept. of Water and Power 30% of the liability.  The large sum awarded is still subject to change as the judge will review arguments from both sides regarding the validity of the verdict, but it should remain a substantial sum.