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Landmark Asbestos Mesothelioma Lawsuit Settlement Overturned
By Andrea Gressman
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A landmark $90 million asbestos mesothelioma lawsuit settlement has been overturned by a federal judge. Former pipe fitter Charles Gillenwater, 59, was awarded the landmark asbestos lawsuit settlement on March 11, 2011 after accusing four companies — Honeywell International, Inc., John Crane Inc., Pneumo Abex, and Owens-Illinois, Inc. – of conspiring to cover up the potential side effects of asbestos exposure. Gillenwater says he developed mesothelioma, a rare and deadly form of cancer, after being exposed to asbestos on the job.
Working as a pipe fitter in the 1970’s, Gillenwater worked on numerous sites and was exposed to asbestos at that time. As a side effect of the asbestos exposure, Gillenwater developed mesothelioma, he claims in the mesothelioma lawsuit. Mesothelioma is a form of cancer that is difficult to treat and can often lead to death. Mesothelioma can be obtained through the inhalation of asbestos fibers. When asbestos is inhaled it embeds itself into the lungs and surrounding lining, abdominal cavity, and heart. From there, the mesothelioma cancer begins to develop.
It is not uncommon for mesothelioma cancer to take 30 to 40 years to fully develop and then officially be diagnosed. At that point the cancer is typically in its advanced stages and the treatment options are often limited. Unfortunately, mesothelioma has no cure at this time and often results in fatalities. A mesothelioma lawsuit settlement or asbestos lawsuit settlement is often the only way victims and their families will get the compensation they deserve from a company that put the victim at risk for asbestos exposure.Â
* Honeywell International, Inc. – $9.6 million compensatory damages
* Pneumo Abex – $9.6 million compensatory damages
* Owens-Illinois – $9.6 million compensatory damages
* John Crane, Inc. – $9.6 million compensatory damages
* Honeywell International, Inc.- $20 million punitive damages
* Pneumo Abex – $20 million punitive damages
* Owens-Illinois – $40 million punitive damages
The jury determined the punitive and compensatory awards in the asbestos lawsuit settlement when they found that the Defendants were responsible for conspiring to suppress and hide the side effects of the asbestos.
Despite the fact that a jury awarded the substantial mesothelioma lawsuit settlement, a McLean County, Illinois judge has overturned a portion of the $90 million award. Specifically, the $40 million portion of the asbestos lawsuit settlement that Owens-Illinois’ was supposed to pay was overturned. The judge also took away $9.6 million in compensatory damages from the remaining Defendants.
Obviously, the companies were happy with the reversal. However, the judge’s ruling can be appealed, although it has not been reported whether the Plaintiff will choose to pursue that course of action. That decision will be based, in part, by the recommendation of Gillenwater’s mesothelioma lawsuit attorney.
If you or someone you love has been diagnosed with mesothelioma cancer, visit the Mesothelioma Asbestos Class Action Lawsuit Settlement Investigation as soon as possible. From there you will be able to receive a free legal consultation with a mesothelioma lawsuit attorney.
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Updated September 10th, 2012
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