Award in Pipefitter’s Calif. Mesothelioma Case is Believed to Be the Largest Asbestos Verdict Against Boiler Manufacturer Weil-McLain
Case Summary
Plaintiff Shawn Swanson contended that his father Robert Swanson died as a result of malignant mesothelioma, which plaintiff contends was caused by Robert Swanson’s exposure to asbestos-containing boilers, gaskets, rope, and cement manufactured, supplied or distributed by defendant Marley-Wylain Company. The Defendant Marley-Wylain Company disputed that decedent Robert Swanson’s malignant mesothelioma was caused as a result of any contact with their products and/or equipment and further disputed the nature and extent of damages.
Verdict
- Aug. 28, 2018
- $8.45M total award
- Breakdown of award:
- * $2,750,000 for Robert Swanson’s pain and suffering
- * $1,500,000 damages for Shawn Swanson’s past lost service, parental training, guidance, society, and companionship
- * $4,200,000 damages for Shawn Swanson’s future lost service, parental training, guidance, society, and companionship
- Remaining defendant at verdict: Weil-McLain assigned 60%
Case Information
Case No. JCCP4674/BC571451; Swanson, et al., vs. Weil-McLain, a div of Marley-Wylain Company, et al.
Trial length: 9 days
Jury deliberation: 4 hours
Jurisdiction
Los Angeles County Superior Court, California
Hon. C. Edward Simpson, presiding
Plaintiffs Experts (live testimony)
Dr. Arnold Brody, PhD – Cell Biology Expert
Dr. Barry Horn, MD – Pulmonologist and Medical Expert
Perry Gottesfeld, MPH – Industrial Hygiene Expert
Defense Experts (live testimony)
Dr. David Weill, M.D. – Medical Expert
Eric Rasmuson, CIH – Industrial Hygiene Expert
Plaintiffs’ Counsel
- Waters Kraus Paul & Siegel
- Waters & Kraus, LLP
Defense Counsel
- Segal McCambridge Singer & Mahoney, Ltd., Chicago, IL
- * Edward McCambridge, Jason P. Eckerly, Martha E. Drouet
- Manning Gross + Massenburg, LLP, Walnut Creek, CA
Disclaimer – Results obtained depend on the facts of each case. Award amounts are not actual cash amounts received by plaintiffs. Deductions are made for offsets, liens, attorney fees, and expenses.
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