Mesothelioma Diagnosis Lawsuit Results in $1M Award

A New York jury has awarded $1 million in a mesothelioma lawsuit to the family of a man who was exposed to asbestos while working on tugboats. 

The wrongful death claim was filed by the family of Richard Schuderer, who was diagnosed with mesothelioma in May 2008 and died as a result of the disease in June 2009.

According to the complaint, Schuderer worked on tugboats for 35 years. As part of his job as an oiler on a tugboat in Lake Erie during the late 50s, he was exposed to asbestos contained in valves and fabricated gaskets he repacked. The mesothelioma diagnosis lawsuit alleged that many of those gaskets were made by John Crane Inc., who was the only defendant remaining at trial.

Following trial in New York State Supreme Court for Onondaga County in Syracuse, a jury awarded Schuderer’s estate $1 million. The jury 60% of that liability for Schruderer’s mesothelioma death to John Crane, Inc., and the rest of the liability to other companies that had already settled.

Mesothelioma is a rare form of cancer found in the lining of the chest and lungs, which is only known to occur as a result of exposure to asbestos. The disease has a very long latency period and is often not discovered until decades after exposure, leading to a limited life expectancy after a mesothelioma diagnosis.

Asbestos was widely used throughout the last century, with use peaking in 1973. Most uses of asbestos were banned in the mid-1980s, but the number of mesothelioma deaths has continued to rise, according to the U.S. Centers for Disease Control and Prevention.

Lawsuits over mesothelioma from asbestos exposure are 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.