Wisconsin Court of Appeals throws out $1.5 million Asbestos verdict

January 24th, 2012

In Singer v. Pneumo Abex, LLC, the Wisconsin Court of Appeals ruled that a Milwaukee court should have granted summary judgment against the estate of a man who died from malignant mesothelioma.  The successful Wisconsin defense law firm in the case was the Madison office of Godfrey & Kahn.   The unsuccessful plaintiff was represented by an out-of-state law firm and not a Wisconsin asbestos law firm.

The evidence in the case showed that the plaintiff’s decedent had worked at Harnishfeger, one of many Wisconsin companies facing asbestos litigation or alleged to have some link to asbestos or mesothelioma.  The evidence also showed that the plaintiff’s decedent was likely exposed to asbestos while cleaning up asbestos dust caused by brake linings at Harnishfeger’s plants.  However, the plaintiff failed to prove that the plaintiff’s decedent was ever likely exposed to Abex’s brake shoes with asbestos.

Unfortunately, this problem highlights one of the major difficulties in succeeding in a wrongful death case related to malignant mesothelioma caused by asbestos, which is locating credible evidence from which a reasonable person could infer that the deceased was exposed to the defendant’s asbestos product.  Since malignant mesothelioma may not be diagnosed for 20 or 30 years after a person’s exposure to asbestos, there may be difficulty in proving which asbestos products the person was exposed to that caused the mesothelioma.

The problem of product identification is one of many reasons why anyone diagnosed with malignant mesothelioma should hire immediately an asbestos lawyer.  Too often, families will wait to hire a lawyer until after their family member has died from mesothelioma.  However, doing that prevents the asbestos lawyer from obtaining sometimes critical evidence the would allow the attorney to prove which asbestos products caused the mesothelioma.

Madison Wisconsin Doctor Calls for Asbestos Ban

August 20th, 2011

Madison, Wisconsin epidemiologist Marty S. Kanarek that an epidemic of asbestos mesothelioma is coming from emerging marketss.  Long banned in Wisconsin and the rest of the U.S., asbestos is known to be the primary cause for the cancer known as mesothelioma.   Mesothelioma is typically a rare form of cancer in the lungs lining  and abdomin that often arises 30-40 years after exposure to asbestos.

Asbestos was a fire-resistant mineral used in the U.S. for brake linings, insulation, and various other building materials.  Many U.S. Navy veterans have contracted mesothelioma from asbestos exposure aboard ships.  Asbestos exposure has killed more than 130,000 in the United States in the last 20 years or so.   Asbestos is still mined in countries, like Canada, which interestingly will not allow asbestos to be used in its homeland, but is more than happy to export the hazardous product to emerging markets.  Dr. Kanarek has seen dozens of studies of mesothelioma cases including those involving miners, brake workers, cement pipe factory workers and others. He concludes that throughout the world chrysotile asbestos is associated with mesothelioma.

Wisconsin Mesothelioma Lawyer

Asbestos Insulation & Contractors

January 10th, 2011

Recently read an Illinois law firm’s article “Asbestos Liabilities of Dissolved Industrial Insulation Contractor.”  The case involved asbestos and mesothelioma wrongful death cases against Sprinkmann Insulation based on its takeover of Sprinkmann Sons Corp. of Illinois.  The latter was a former asbestos insulation contractor. 

That asbestos lawsuit reminded me a of client I represented who was a former employee of Sprinkmann Sons in Milwaukee, Wisconsin.  Sadly, he died of mesothelioma related to his asbestos exposure after working decades for Sprinkmann Sons in Wisconsin.  After a pleural biopsy, his oncologist diagnosed mesothelial hyperplasia showing malignant messothelial cells and epithelioid malignant mesothelioma.  His mesothelioma was the result of working for many years in industrial locations around Milwaukee, such as the Pabst Brewery.  The company was a contractor and distributor of insulation, cold storage facilities and interiors and worked in places like that processed cold and frozen foods, chemical plants, nuclear power plants, electric stations, and of course, breweries.  He worked as an installer and contractor with all the hundreds of products that were laced with asbestos fibers, including blankets, boilers, expansion joints, HVAC systems, insulation, pipes, plumbing, tanks, turbines, valves, and industrial equipment.  Though every asbestos and mesothelioma lawsuit is different, the recovery I was able to help obtain for this man’s family exceeded $1.5 million.

Electricians & Veterans Mesothelioma

November 8th, 2010

I’ve written before about U.S. Navy Veterans with mesothelioma.  Sadly, the asbestos exposure many veterans had while serving in the armed forces is what causes mesothelioma.  Quite recently, I met with a mesothelioma victim diagnosed here in Wisconsin.  He’s a veteran who served at Great Lakes Naval Base and on various U.S. Navy ships.  In addition, he had a long history of working at Western Electric in Cicero, Illinois, where he was also exposed to asbestos laced products.  As Veteran’s Day approaches, we need to remember all the Naval Veterans who have served and to honor those still with us, many of whom have asbestos-related diseases like malignant mesothelioma.

Wisconsin Sheet Metals Union Asbestos Case

November 5th, 2010

Asbestos exposure on construction sites was commonplace in the 1940′s, 1950′s, 1960′s and 1970′s. Recently, I was able to help a man who was exposed to asbestos during that time. He worked throughout the Milwaukee, Wisconsin area and was diagnosed this year with mesothelioma. As is typical in asbestos mesothelioma cases, the diagnosis was made after a biopsy of his lung and a nodule. He is actually retired in Arizona, but since his exposure as a construction worker in the Sheet Metals Union took place here in Wisconsin, the basis for his lawsuit against manufactures and distributors of asbestos laced products is here and based on their causing his mesothelioma.

Recent Milwaukee Mesothelioma Case

January 27th, 2010

Recently, I met with a man who worked his whole career at Wisconsin Electric a/k/a WE Energies.  He worked at various power plants in Wisconsin, including the Oak Creek power plant, downtown Milwaukee plant, the valley power plant in Milwaukee, the Pleasant Prairie plant, and various other power plants and substations.   A couple of the jobs he worked in around asbestos included electrical work, plumbing related work, and oil treatment work.  The asbestos was in gaskets, insulating pipes, used around wire and joints, etc.  Sadly, he was living a nice life in Florida enjoying retirement when he was diagnosed with malignant mesothelioma, a deadly disease, related only to asbestos exposure.  He had been suffering from shortness of breath when his doctor discovered fluid on his lungs.  Eventually, a thoracic surgeon was seen and he did a biopsy, which led to the definitive diagnosis of asbestos-related mesothelioma.

Asbestos & Mesothelioma Wisconsin Super Lawyer

November 19th, 2009

Milwaukee Magazine and Super Lawyers are out with their Top 50 Wisconsin Super Lawyers list and I am honored to be on it as discussed here.   Do a quick search at the Wisconsin Super Lawyers page and you will see that no other plaintiff’s personal injury firm in the Top 50 list, or elsewhere today, has asbestos and mesothelioma cases as part of their focus.  I guess that’s probably why I was interviewed twice by the Milwaukee Journal Sentinel as their choice of a Wisconsin asbestos lawyer to discuss asbestos and mesothelioma lawsuits.

Asbestos Successor Liability

July 14th, 2009

Crown Cork & Seal apparently has very good lobbyists or knows how to influence Wisconsin’s Joint Finance Committee, Legislature and Governor in order to basically get its own law in the recently passed budget.  Sadly, those on the receiving end of this law are those victims suffocating from mesothelioma and asbestos exposure.  Essentially, the law gives Crown Cork & Seal immunity in Wisconsin from asbestos related lawsuits filed by victims of asbestosis and mesothelioma.

Wisconsin mesothelioma car brakes case

May 12th, 2009

Wisconsin’s Court of Appeals today released Tatera v. FMC Corp., 2008AP170.  This asbestos lawsuit relates to the wrongful death of the plaintiff’s decedent who died of malignant mesothelioma.  The widow asserted that the malignant mesothelioma was caused by exposure to asbestos that took place while the decedent worked in a machine shop.  The decedent had worked with friction brake materials and his job had involved grinding brake linings made with asbestos.

FMC Corp. was a supplier of asbestos brake linings and though it did not manufacture asbestos brake linings, it was alleged to have sent over 18,000 friction lining parts to the decedent’s employer.  The lawsuit asserted that FMC and asbestos brake lining manufacturers were liable for the decedent’s wrongful death from mesothelioma based on Wisconsin strict liability and negligence law.  Essentially, the Wisconsin Court of Appeals held that a such supplier of asbestos products could not be held strictly liable, but could be found negligent in causing the death from mesothelioma.

Asbestos Trusts

May 8th, 2009

Asbestos trusts are the topic of a recent law firm’s national t.v. commercial I saw on CNN and Secrecy of asbestos trusts basically explains why that is.  The bottom line for the asbestos victim suffering from mesotheliom or asbestosis is that you should find a lawyer or law firm in your state, here it’s Wisconsin, that works with the asbestos trusts

The system is set up in a way such that it is essentially impossible for an asbestos victim to actually file their own claim against asbestos trusts.  It’s likely easier to handle your own medical malpractice trial.  In fact, it’s so difficult to make a claim against the asbestos trusts that most personal injury lawyers will not handle cases against asbestos trusts, which is why my law firm often receives referrals from other lawyers of clients suffering from mesotheliom or asbestosis.

If you are looking within Wisconsin to make a claim related to asbestos-related disease and potentially Wisconsin asbestos companies or the asbestos trusts, then contact us.  Do similarly, if you want to find a lawyer out of state to make claim against asbestos companies or the asbestos trusts.