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San Pedro, CA - August 21, 2007
A 68 year-old California plumber/pipefitter and his wife today
settled their lawsuit in Los Angeles Superior Court for
approximately $14,600,000 against companies who made asbestos
containing products. Afflicted with mesothelioma, an aggressive
form of asbestos cancer, the career plumbing contractor was
represented by the law firm of Roger G. Worthington, P.C. in San
Pedro and by Simon, Eddins, and Greenstone, LLP in Long Beach.
This is one of the largest settlement amounts ever reached in a Los
Angeles mesothelioma case. It took just over nine months from the
time the suit was filed until the final settlement. Major
defendants included asbestos-insulated equipment manufacturers
American Standard, Crane, Foster Wheeler, Weil McClain, Yarway,
Ingersoll-Rand, and Bell & Gossett.
The plaintiff was first exposed to asbestos-insulated equipment in
the early 1960's, working on heating equipment, pumps, valves,
and boilers. As a plumber in Massachusetts and later in California
he was repeatedly exposed to asbestos gaskets, packing, and
insulation. This case shows that solvent, viable defendants can be
successfully brought to heel even though most of the major asbestos
insulation manufacturers have declared bankruptcy.
According to lawyer Roger Worthington, "Innovative and
aggressive counsel with expertise in mesothelioma can still help
clients with difficult exposure histories get justice in the
courts. Many of the equipment manufacturers are new to the
litigation and all of them disputed our theory that they were
liable as manufacturers of asbestos-containing equipment."
Worthington adds, "This is a classic case of a hard-working
Californian and family man poisoned by equipment manufacturers who
didn't bother to warn that their asbestos-insulated products
were lethal, despite mountains of scientific evidence proving that
exposure to even tiny amounts of asbestos is toxic. This sends a
clear message to equipment manufacturers who put asbestos in their
products that they will be held accountable for their negligence
and conscious indifference," said Worthington.
The case, which settled before reaching a jury verdict, featured
testimony by thoracic surgeon Robert Cameron, M.D. According to Dr.
Cameron's testimony, "Like every puff of smoke increases
your risk of lung cancer, and each exposure to asbestos, whether
small or big, leads to an increased risk of mesothelioma." Dr.
Cameron is the director of the mesothelioma program at UCLA medical
school. The plaintiff was treated by Dr. Cameron, receiving a
pleurectomy with decortication, radiation treatment, and
immunotherapy with interferon.
After the settlement was reached the plaintiff commented,
"I'm grateful for the hard work of Mr. Worthington and my
attorneys but I'd give it all back in a heartbeat to rid my
body of mesothelioma forever."
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