San Pedro, CA - November 9, 2007
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Frank Meyers |
Frank Meyers, a retired 80 year-old engineer
and navy veteran living with his wife Mary Jo in San Diego, settled
his mesothelioma claims two weeks ago in Los Angeles. Faced with the
debilitating effects of asbestos cancer and mounting medical bills,
the plaintiff mounted an aggressive lawsuit against the companies
that poisoned him.
“I’m very pleased with the way things turned
out. It went exceptionally well,” said Mr. Meyers. “When I took the
stand and they started questioning me about my military service, I
told them about the ‘victory ships’ that the U.S. sent over to help
Britain in World War II. Of course those ships were built by Kaiser,
and they were nicknamed ‘Kaiser coffins’ by us servicemen. As soon
as the lawyers for Kaiser-Gypsum on the other side heard me say
that, they hit the roof!” Mr. Meyers said with a laugh. The
defendants quickly settled the case before the jury returned a
verdict.
Lawyer Ron Eddins for the firm of Simon, Eddins
& Greenstone, said “This was yet another example of a hard-working
American patriot poisoned by the very people he served. We were told
at the outset that too much time had elapsed, and there was no way
the companies who poisoned him could be identified and held
accountable. We did, and they were.”
According to co-counsel Roger Worthington,
“People think asbestos cancer only happens to construction workers
and mechanics. Mesothelioma pays no attention to the color of your
collar. Teachers, business executives, and engineers are stricken
just as easily as a machinist or brake mechanic.”
Worthington continued: “This case was filed on
March 16 and tried seven months later. California law permits cancer
claimants to obtain speedy trial settings, which is sound public
policy. Mesothelioma patients need compensation urgently so that
they can shop for the best medical care available, which usually
involves travel. California takes seriously the needs of terminal
claimants to obtain justice, but the downside is that if the cancer
takes the plaintiff’s life before the trial concludes, the
decedent’s estate is barred from compensation for the patient’s pain
and suffering. Our state legislature has written a law that rewards
bad guys who kill, instead of simply injuring, the innocent.”
Mr. Meyers joined the U.S. Navy in 1944, and
his duties required him to spend a portion of each day in the engine
room. Repairs to ship equipment insulated with asbestos created a
dusty and dangerous working environment, about which naval
servicemen were never warned. As a civil engineer working for the
U.S. Army Corps of Engineers, the U.S. Bureau of the Navy, the
District of Public Works in San Diego, and military bases in
California, Mr. Meyers was exposed to asbestos dust from joint
compound and plaster used on construction projects at which he was
present.
Construction, office build-outs, and other
interior work done by drywallers, painters, and other tradesmen
exposed the plaintiff to lethal levels of airborne asbestos fibers.
Joint compound used in drywall work contained asbestos, and the
process of mixing the dry powder with water, as well as the sanding
process after the compound had been applied, created asbestos dust
clouds that the plaintiff inhaled.
“Whether it’s interior work on a home
remodeling project or full-blown new construction of a home or
office building, drywall work exposed millions of Americans to
asbestos up through the late 1970’s. This was a case where the
companies that knowingly poisoned a man were held responsible,” said
Worthington.