Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

A jury in Newport News, Virginia, Circuit Court awarded the family of a former Navy sailor $1.2 million, finding that his death from mesothelioma was linked to the asbestos fibers he inhaled during his career. Gerald Gray died in April at age 75, after battling mesothelioma for 16 months. Mesothelioma is a rare cancer that most often affects the lining of the lungs, but which can also affect the lining of the abdomen or, more rarely, the heart. It is caused by asbestos exposure.

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This week a Los Angelels, Calif., county jury ruled in favor of former U.S. Navy machinist Charles H. Cundiff, saying his mesothelioma is a result of the asbestos he handled during his service from 1962-1966. The jury awarded Cundiff and his family $12.1 million in damages from two firms, John Crane, Inc. and Lone Star Industries.

According to a report by AHN Media Corp., it was determined that Cundiff, now 66, handled Insulag cement, manufactured by John Crane Inc. and distributed by Lone Star Industries, when he worked for nine months on a project to overhaul the USS Kitty Hawk during his Navy career as a machinist. The insulating cement was laced with asbestos.

Mesothelioma is attributed exclusively to asbestos exposure. It is a rare cancer that most often affects the lining of the lungs, but which can also attack the lining of the stomach and/or the heart. There is no known cure for mesothelioma at this time.

According to a recent report in the Insurance Journal, a former Anheuser-Busch employee will have the opportunity to reopen his claim against the company for an asbestos-related lung disease. On May 4, the New Hampshire Supreme Court reversed a decision by the New Hampshire Compensation Appeals Board (CAB), which had earlier ruled the man had waited too long to file a complaint.

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This week a Bay County, Florida, jury awarded $995,600 to Betty McBride of Lynn Haven, whose husband, Woodrow McBride, died of mesothelioma in 2006 at the age of 67. Mr. McBride filed a wrongful death lawsuit on Aug. 10, 2006, but passed away on Sept. 20, 2006, before seeing the case go to trial. He was diagnosed with mesothelioma one year prior to his death.

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Two colleagues in the legal community who fight for justice for the victims of asbestos exposure were killed this week, when their plane crashed in Mayfield Village, Ohio, on Tuesday, April 28. Michael Doran, 51, of Doran & Murphy law firm in Buffalo, New York, and 26-year-old firm associate Matthew Schnirel were killed when the plane piloted by Mr. Doran crashed shortly after takeoff from Cuyahoga County Airport in Cleveland, Ohio.

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A story published last week in the Daily Press, which serves Newport News, Virginia, reports a new approach to litigation on behalf of mesothelioma victims injured by asbestos exposure on the job. The story involves Stanley Morton, who worked in the shipyard for 33 years as an electrician. He contracted mesothelioma in 2005 after being exposed to asbestos fibers throughout his career, and died at age 72 in 2007. His family sought compensation from Exxon (now Exxon-Mobil) – the company that owned some of the ships Morton worked on – instead of any parts suppliers, a groundbreaking departure from the usual path for such suits.

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According to a news release from the claims processing agent for W.R. Grace & Co. Bankruptcy, the U.S. Bankruptcy Court for the District of Delaware has set a Bar Date for Zonolite Attic Insulation (ZAI) claims to be filed in the W.R. Grace Bankruptcy case. To preserve a claim against W.R. Grace & Co. and related entities (”Grace”), all persons and entities with ZAI claims must file on or before Oct. 31, 2008. Grace filed for protection under Chapter 11 of the U.S. Bankruptcy Code on April 2, 2001. More information and a downloadable claim form is available on the WR Grace Bankruptcy Claims Information Site.

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A New Jersey jury awarded a Linden woman $7.5 million verdict against ExxonMobile Corp., saying she contracted peritoneal mesothelioma as a result of handling her husband’s clothing. John Anderson was employed at a refinery that was owned by ExxonMobile at the time, and his wife Bonnie had secondary exposure to his “take home” asbestos fibers for years, according to a report in NJBIZ magazine.

ExxonMobile was found responsible for the mesothelioma cancer last year. The trial to determine damages began approximately two weeks ago, resulting in the $7.5 million verdict in favor of Mrs. Anderson. According to the report, ExxonMobile plans to appeal the verdict.

The Indiana Gazette reported March 15 an Indiana County, Penn., jury awarded $226,000 to the family of George Baroni. A resident of the Homer City area, Baroni worked for Fisher Scientific plant from 1959-1994. The jury determined he had been exposed to asbestos while on the job. He developed mesothelioma and died in 2005 at age 73.

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A San Francisco jury awarded a $20 million verdict to Joan Mahoney, a 69-year-old woman with mesothelioma, and her husband, Daniel. The case was presided over by Judge Thomas Mellon in San Francisco County Superior Court. The judgement finds Georgia Pacific liable for the production of asbestos-containing joint compound used in construction. Mrs. Mahoney handled the material in her part-time work with the family construction business.

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