Asbestos Lawsuit Over Peritoneal Mesothelioma Results in $2M Jury Award

A New York man diagnosed with peritoneal mesothelioma has been awarded $2 million in an asbestos lawsuit brought against a Canadian mining company. 

Gerald Failing, 66, is a former worker at Durez Plastics in North Tonawanda, which makes industrial resins and molding compounds. Failing worked in the company’s compound department during the 1960s and 1970s.

According to the complaint, the company used asbestos fibers to make granulated plastic molding compounds. The asbestos came from Hedman Resources, Ltd., a Canadian mining company and defendant in the case.

The lawsuit alleged that the asbestos became a visible airborne dust due to the pouring and mixing process, and that Hedman knew of the dangers of asbestos exposure but failed to properly warn those who would be working with the substance.

Failing was diagnosed with peritoneal mesothelioma in December 2010, which is type of cancer that attacks the lining of the abdomen. The rare disease is only known to occur as a result of exposure to asbestos and has a very long latency period, which often results in diagnosis coming decades after exposure. Individuals diagnosed with peritoneal mesothelioma after asbestos exposure have a very limited life expectancy due to the advanced stage it is usually in when discovered.

Following trial in New York state court, Failing was awarded $2 million last week by a jury, which found Hedman 100% responsible for Failings illness.

Asbestos was widely used in a variety of manufacturing and construction applications throughout the last century, with use peaking in 1973. Most uses of asbestos were banned in the mid-1980s. When inhaled, asbestos fibers can cause asbestosis, lung cancer and mesothelioma.

Asbestos litigation is the longest running mass tort in U.S. history, with the first case filed in 1929. Over 600,000 people have filed lawsuits against 6,000 defendants after being diagnosed with mesothelioma, asbestosis or other asbestos-related diseases.