After John Peckham’s death from mesothelioma due to asbestos exposure, his wife, Kathleen, vowed to finish his fight for justice. ‘My husband didn’t make it to the trial, but I did’.
Even after five decades, asbestos exposure victim John Peckham could vividly recall the working conditions he endured as a teenager during two summers at an industrial mill in Connecticut. Tasked with replacing hundreds of windows at the aging factory, the days were exhausting and messy. The air turned a cloudy blue from the dust and debris, and he and other workers would have to use air hoses to blow the residue containing asbestos from their clothes.
What his employer at the mill and the makers of the window glazing failed to tell him and other workers was that the brittle, chalk-like glazing putty they were scraping from the window frames contained asbestos. It was well-established even back then that workers exposed to asbestos must have safety equipment like respirators and protective clothing to limit exposure to the tiny asbestos fibers that are easily inhaled when disturbed.
Those memories would come flooding back and take on grave new significance after he and his wife, Kathleen, celebrated their 53rd wedding anniversary on a cruise ship in 2018. The couple had committed their lives to the service of others, living a modest lifestyle so that they could do volunteer work in far-away countries. They forged friendships around the world and were the type of active couple who would take the stairs instead of the elevator when given the choice. But Kathleen noticed during the cruise that John was struggling with the stairs. At home a few weeks later, he complained about what seemed like excess fluid in his abdomen.
“He said, ‘I feel like there’s all kinds of fluid in my stomach.’ He wasn’t a heavy person, and so he said it felt strange because the fluid would move when he turned over,” she said.
His doctor initially thought that the problem was the result of an infection, but the fluid buildup and discomfort grew worse. After additional x-rays, sonograms, biopsies and more tests, the couple visited a pulmonologist who finally made a diagnosis.
“The doctor called him in and told him it was mesothelioma,” Kathleen recalled. “He said, ‘You have about a year to a year and a half to live.’ It was pretty devastating — very upsetting.”
A mesothelioma diagnosis is rare. This deadly form of cancer is caused by one thing — asbestos exposure. It targets the tissue lining the lungs and other internal organs. Asbestos can also cause other lung cancers and respiratory issues like asbestosis.
The disease became more prevalent as manufacturing and heavy industry ramped up in the 20th century using more and more asbestos. Historically, those most at risk for mesothelioma have tended to be men working in heavy manufacturing of products containing asbestos like brake linings, gaskets and insulating material, as well as sailors and mariners working in boiler rooms on ships. But medical experts also noticed that workers brought asbestos residue home in their clothes, exposing their spouses and family members.
Even though the dangers of asbestos exposure have been known for generations, thousands of Americans continue to die from mesothelioma. That’s because it can take many years for the disease to appear after exposure. It’s also because employers continue to cut corners on worker safety.
Asbestos is still found in products like roofing material, gaskets, brake pads, and a variety of insulating material. And only now are we beginning to understand that people can be exposed to asbestos that has contaminated talcum powder products, including Johnson’s Baby Powder and cosmetics. Asbestos-caused diseases still kill almost 40,000 Americans a year.
“The doctors didn’t tell us much. I had to do my own research,” Kathleen recalled. “I had heard about people who worked in different places who had this disease, but that’s all I knew about it. I knew that it was fatal — that it did not have a cure. I figured out when I saw all the symptoms, my husband had most of them. I really didn’t tell him what I found because he was scared enough. He was brave, and I just didn’t want to upset him, so I just kept it to myself.”
Because corporations have long known about the dangers of asbestos exposure, they can be held liable for monetary damages for failing to protect workers and the public.
Medical experts were able to trace John’s asbestos exposure to those two summers he spent working at the factory mill. Trial lawyer Patrick Wigle, a partner at Waters Kraus Paul & Siegel, said his story is not unusual in that respect because mesothelioma is known to take decades to appear following exposure.
Given just a year and a half to live, John decided to file a mesothelioma lawsuit against the mill and the manufacturers of the asbestos-laden window glazing product. He died November 28, 2020, in hospice care at his home. Although he would not live to see the case all the way to a jury trial, Kathleen was committed to seeing the asbestos claims after his death to the end.
“People need to know more about what’s going on,” Kathleen said. “There’s blood guilt on the part of those who knew what was going to happen and didn’t tell people. If you want to see justice done, that’s the way these businesses are brought to justice.”
Working with trial lawyers at Waters Kraus Paul & Siegel, Kathleen was able to continue John’s asbestos claims after death. She reached monetary settlements with some of the defendants in the mesothelioma lawsuits. At trial in early 2023, the jury returned a verdict in favor of the Peckhams, and the two sides subsequently reached a confidential monetary settlement.
“It was extremely important for my husband to make sure I was going to be well cared for,” Kathleen said. “And he was adamant about this lawsuit. He didn’t make it to the trial, but I did. I wanted to fulfill his wishes and to see it to the end. Now that that has happened, I have security. I can have repairs on the house. I can stay there, thanks to him, because he initiated it. And I’m glad I did. Someday, I’ll be able to tell him that.”
Today, proceeds from the mesothelioma lawsuit allow Kathleen to have a secure and comfortable lifestyle. She’s able to maintain her home and continue her active life that includes traveling and enriching activities. It’s also important for her to know that those responsible for the exposure that caused John’s illness have been made to pay.
“If one of my friends — or even an acquaintance — were to tell me that they have mesothelioma, I would ask them to think seriously about litigation,” Kathleen said. “Not because you want to make a lot of money, but because you deserve remuneration for your pain and suffering. You’re not going to be there at some point, and it’s important for the future of your family. People need to know about this disease and what it’s doing to families. It has to stop.”
Client Name: John and Kathleen Peckham
Diagnosis: Mesothelioma
Source of Asbestos Exposure: Asbestos particles from window glazing
John Peckham was exposed to cancer-causing asbestos as a temporary worker tasked with scraping and removing window glazing at a mill in East Woodstock, Connecticut, in the early 1960s. Mr. Peckham died in 2020, just 18 months after he was diagnosed with mesothelioma. Working with mesothelioma lawyers at Waters Kraus Paul & Siegel, John’s wife, Kathleen Peckham, continued his asbestos claims after death. She reached monetary settlements in the mesothelioma lawsuits with some of the defendants. At trial in early 2023, the jury returned a verdict in favor of the Peckhams, and the two sides subsequently reached a confidential monetary settlement.
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