San Pedro, CA - November 9, 2007
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Greg Deblock |
Greg Deblock, a career
union pipefitter and business manager from Portland, settled his
mesothelioma personal injury lawsuit for an
amount believed to be the highest ever for a mesothelioma case filed
in Portland, Oregon. Poised to deliver a knock-out blow in trial
last week to the remaining defendants, Mr. Deblock died from his
asbestos cancer on the second day of trial. He was 73 years old.
“He did not die in vain,” said attorney John
Caron, who was part of the litigation team comprised of the Law
Office of Roger Worthington, Simon, Eddins & Greenstone, and Swanson
Thomas & Coon.
“His case resulted in favorable rulings by
Judge Michael Marcus that will help Mr. Deblock’s union brothers who
have been similarly poisoned in future litigation. The court ruled
that under Oregon law, valve, pump, and boiler manufacturers can be
held liable for failing to warn of the dangers associated with
asbestos insulation, gaskets, and packing used with the equipment,
even when the materials were not supplied by the equipment
manufacturer. No longer will these manufacturers be able to avoid
liability to Oregon workers who were exposed to asbestos when using
their equipment by claiming that the asbestos insulation, gaskets,
or packing used with the equipment were supplied by someone else.”
Ron Eddins, lead counsel for Simon Eddins &
Greenstone, concurred. “The defendants tried to send this case off
into the black hole of federal court mass-tort litigation, where
asbestos claims are sent to die, with the victim never getting his
day in court. And of course given mesothelioma’s aggressive,
terminal course, the claim dies when the patient dies. In this case
we blocked the defense’s tactic and got the case sent back to Oregon
court in record time.”
The case was filed at the very end of February,
2007, and went to trial a scant seven months later. “We fast-track
our clients’ cases so that they can get before a jury immediately.
Days matter when you have mesothelioma,” said attorney Roger
Worthington. “Unfortunately, the defense’s delay tactics were
partially successful: Mr. Deblock died before the trial concluded.
It is repugnant that the state provides a huge economic windfall to
bad guys who kill rather than maim their victims.” Worthington noted
that under Oregon’s wrongful death law, the recovery of the
decedent’s estate is limited to $500,000. “This is an arbitrary and
insulting sum for the families of people who have been struck down
in the prime of their life.”
Mr. Deblock was exposed to airborne asbestos
fibers as an ironworker and a steamfitter over a career that spanned
four decades. Applying gaskets to equipment flanges and working
closely with insulators also exposed him to substantial amounts of
asbestos. New construction jobs required installation of new pipe to
boilers, turbines, compressors, condensers, pumps, and valves, all
of which involved substantial work with asbestos sheet and
pre-formed gaskets.
Wrongful death claims are being asserted
against the remaining defendant on behalf of Mr. Deblock’s heirs and
estate. Trial of the wrongful death claims is scheduled for February
4, 2008. The defense is opportunistically claiming that Oregon’s cap
on wrongful death damages bars further recovery. At trial, and if
necessary on appeal, we intend to challenge the constitutionality of
the Oregon law which rewards defendants when injured plaintiffs die
from their injuries prior to a jury verdict.