Thursday, September 22, 2011

National Mesothelioma Day stirs reflections on Weitz & Luxenberg courtroom victories

Of the many ways one might conceivably observe Mesothelioma Awareness Day 2011, the Weitz & Luxenberg approach will include reflection on the many courtroom victories our firm of personal injury lawyers has secured on behalf of mesothelioma victims.

These successes against defendant companies that manufactured, distributed and utilized asbestos or materials containing it long precede the arrival of the first National Mesothelioma Day in 2009.

However, prominent among our most significant recent wins was a $22-million verdict against two defendants, the Goodyear Tire and Rubber Co. and Goodyear Canada. Heard in New York State Supreme Court over a span of five weeks, the jury returned a verdict on behalf of our clients – Eugene “Mac” McCarthy and Walter Koczur.

As first-time observers of Mesothelioma Awareness Day likely will learn on Sept. 26 (if not sooner), mesothelioma is a relatively rare form of cancer that often strikes following exposure to asbestos. Mr. Koczur became exposed to it while working as a steamfitter between 1969 and 1973 at a number of Buffalo, N.Y.,-area job sites, including Republic Steel and Ashland Oil. Gaskets made by Goodyear proved to be the source of the asbestos.

Mr. McCarthy was likewise exposed to Goodyear asbestos-containing gaskets in the course of his own job as a heavy equipment engine-mechanic in the late 1960s and early 1970s.

Both men years later became sick and eventually died. The jury found both defendants partially responsible.

As a result, the Koczur family received $11.6 million to compensate them for their pain and suffering at having to endure Mr. Koczur’s agonizing demise. Further, Mr. Koczur’s widow was awarded $1.9 million for the loss of consortium she suffered as a result of her husband’s death, which occurred in 1998.

In the matter of Mr. McCarthy, Goodyear Tire and Rubber and Goodyear Canada were again each held partially responsible. The McCarthy family was awarded $8.5 million in pain and suffering damages.

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