Families of Deceased Workers Suffering from Asbestos Related Lung Cancer Awarded $9.6 Million

November 30th, 2011
in Uncategorized

The families of four deceased Baltimore men have been awarded a combined $9.6 million by a Maryland jury. Each of the men were exposed to asbestos and passed away from asbestos related lung cancer.

The verdict was awarded to the deceased men’s families against Wallace & Gale Co., an insulation contractor. Wallace & Gale was found strictly liable and negligent in their use of asbestos insulation. McCormick Asbestos Co., cross-defendants to the litigation, offered a confidential settlement to the men’s families prior to the trial. 

Both Wallace & Gale and McCormick Asbestos produced products that contained asbestos and contributed to the deaths of the four men. Levester and Rufus both worked at American Smelting, located in Baltimore. Roger and Mayso both worked for Bethlehem Steel at their Sparrows Point mill.

At the trial, the families of the deceased men were very emotional. The men were between 65 and 81 years old when they passed away. Before cancer was found in their lungs, they each had asbestosis and were given only 2 to 14 months to live following their diagnoses.

Rufus is survived by his wife and four children who were awarded $1 million for their loss of their father, and $1.02 million for his pain and suffering from asbestosis and lung cancer. Levester had three children who received $1.04 million for his asbestosis and lung cancer and $1 million for the loss of their father. Roger’s children were similarly awarded $950,000 for the loss of their father and $1.7 million for his asbestosis and lung cancer. Mayso family received a slightly larger award due to the loss of a father to seven children: $2.4 million for the loss of their father, and $530,000 for Mayso’s asbestosis and lung cancer.

Unfortunately, Maryland — like other states — has a cap on the amount of non-economic damages that can be awarded in asbestos cases. Mayso’s family’s award may be reduced due to this cap despite the award being similar in proportion to the size of his family when compared to the other awards.

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