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.

The Seattle Times reported Dec. 11 that the Washington Supreme Court ruled equipment manufacturers Griscom Russell (now Viad) and Saberhagen Holdings are not responsible for asbestos-related illnesses in cases involving two men who once worked aboard Navy Ships.

According to the news story, plaintiff Joseph Simonetta has lung cancer, and Vernon Braaten has mesothelioma. Simonetta worked on an evaporator while Braaten was a pipefitter. They claim they were exposed to asbestos during these jobs, resulting in their illness.

The court ruled 6-3 in favor of the defendants in each case, finding that “since the defendents didn’t make, sell or recommend the use of asbestos, they couldn’t be held liable,” according to the Seattle Times report.

The plaintiffs argued that the companies should be liable “because asbestos was key to use of the equipment,” the story states.

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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A report published by the Insurance Journal on May 28 says a group of Spanish workers injured by asbestos-containing insulation while working on Navy ships docked in Spain can sue the manufacturer of the insulation in New Jersey — where the products were produced.

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A Superior Court in Los Angeles awarded former Navy sailor John R. “Jack” Davis $35.1 million in compensatory damages for his diagnosis of pleural mesothelioma, an aggressive cancer linked to asbestos. Davis was diagnosed in January 2007.

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