New York Asbestos Lawsuit for Boilermaker Results in $3M Settlement

A boilermaker who contracted mesothelioma from asbestos exposure has reached a $3 million settlement with several companies that he alleged were responsible for his exposure to the toxic substance during his 35-year career.

The New York asbestos lawsuit was filed by Earl W. Tredinnick III, who was diagnosed the rare mesothelioma cancer last year, after working as a boilermaker between 1967 and 2002.

The $3 million settlement was reached earlier this month, after the jury was selected, but prior to opening statements. According to a statement released by the mesothelioma lawyers representing Tredinnick, the names of the settling parties and the amounts contributed by each were withheld under the terms of the settlement.

Mesothelioma is a rare form of cancer that attacks the lungs and chest lining. It is caused by asbestos exposure, usually resulting from inhaling or consuming asbestos fibers used in industrial processes. As a result of a long latency period of between 20 and 40 years between exposure to asbestos and diagnosis, the cancer is often at a very advanced stage by the time it is discovered and prognosis is poor.

Asbestos was widely used in a variety of manufacturing and construction applications throughout the last century. Use peaked in 1973, before the toxic substance was banned in 1982. Despite the ban, the U.S. Centers for Disease Control and Prevention says the number of mesothelioma deaths continues to rise each year due to the latency period, with the number expected to peak in 2010.

Tredinnick, 61, worked as a Local 7 Union Boilermaker at sites including Niagara Mohawk’s Huntley and Dunkirk steam stations, Ashland Oil, Hooker Chemical, Bethlehem Steel and DuPont in Niagara Falls.

Mesothelioma for boilermakers is a higher risk than among many other professions, as they regularly work on pipes and insulated machinery that used asbestos. They also often had to grind down asbestos products, such as insulation blocks and asbestos paper. Much of their work can include grinding objects to fit correctly and installing and uninstalling machinery that can put high amounts of asbestos dust in the air around them.

Asbestos litigation is the longest running mass tort in U.S. history, with the first asbestos exposure lawsuit 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.