Mesothelioma Information and Facts

What Amounts Can I Recover in Mesothelioma Settlement Amounts?

Mesothelioma can occur from being exposed to asbestos in the work environment. Studies have shown that each year approximately 3,000 people in the United States are diagnosed with mesothelioma. Those who have come into contact with this toxin are victims of serious illnesses and death.

One of the most litigated actions against employers and manufacturers involve mesothelioma. It has been discovered that asbestos fibers have been found in products or on the premises in which the company failed to warn its employees about its existence. Although the Plaintiffs in a lawsuit may initially seek to have a jury hear their claim and award damages, many have settled out of court. However, the mesothelioma settlement amounts still vary because of the many factors that are considered.

A settlement is different from an award for damages. Awards for damages are monetary amounts imposed on the Defendant by the fact finder, for example, a jury. In other words, a jury may find that the Defendant was negligent in failing to advise its workers that asbestos fibers existed on the premises. As a result of the Defendant‘s negligence, the Plaintiff was injured and therefore, the jury imposes an award to compensate the Plaintiff for her injuries. Although similar, a mesothelioma settlement amounts and mesothelioma verdict amounts are somewhat different.

It is often difficult to determine how much compensation a Plaintiff will receive in a mesothelioma lawsuit if she is successful. Where mesothelioma verdicts are in favor of the Plaintiff, a variety of factors are taken into consideration in calculating the compensation amount. This includes, but not limited to, the severity of the Plaintiff’s injuries, past and future loss wages, age and insurance information. On June 28, 2011, a jury awarded the Families and Estates of Eugene “Mac” McCarthy and Walter Koczur a total of $22 million in an asbestos related mesothelioma lawsuit.

The Plaintiffs, whose cases were initially filed separately, but later consolidated, sued the Defendants, The Goodyear Tire & Rubber Company and Goodyear Canada, claiming that the descendants were exposed to Goodyear’s products, gaskets that contained asbestos during the time they worked for the company. Further, as a direct result of being exposed to the asbestos containing gaskets, both developed mesothelioma and died in 1998. Mr. McCarthy worked for the company as a heavy equipment engineer and Mr. Koczur had been employed as a steam engineer. Both of the descendants worked for the company during the 1960’s and 1970’s.

Mesothelioma, which is also known as malignant mesothelioma, is a rare form of cancer which is usually caused by the exposure to asbestos. Mesothelioma can be classified as pleural or peritoneal. Pleural mesothelioma affects the lining of the chest, and peritoneal mesothelioma affects the lining of the abdominal cavity. It is an incurable disease that has caused its victims to suffer from shortness of breath, utilize oxygen, vomiting, abdominal swelling, weight loss and even death.

It is often difficult to determine if one has mesothelioma due to the similarities with other medical illnesses. Some of the most common early symptoms of the disease include fatigue, chest pain, shortness of breath and coughing. Therefore, because of mesothelioma similarities to other medical illnesses, this appears to have been an issue in this litigation because both of the descendants had developed lung cancer in their later years.