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Fabricator

Age:  57

Settlement:  $2.4 Million

Phil was 57 years old when he was diagnosed with malignant mesothelioma. He had spent most of his career working as a machinist. For two years during his career, Phil had an assignment with one of his employers that involved machining parts for an aluminum foundry using Molten Metal Marinite, an asbestos–containing material.  This was Phil’s primary asbestos exposure.

Unfortunately, the Molten Metal Marinite was all manufactured by Johns Manville Corporation, a company that has been bankrupt since the early 80’s. Although we were prevented by the bankruptcy from suing Johns Manville, we sued the aluminum foundry that hired Phil’s employer to machine the Marinite.

We uncovered internal corporate documents that proved that the aluminum company knew working with Marinite lead to high asbestos exposures. Furthermore, the documents showed that the aluminum company sent the work to Phil’s employer to prevent their own employees from being exposed to asbestos above the OSHA exposure limits.

Essentially, they dumped their asbestos problem on Phil’s employer, who had no experience dealing with asbestos or with Marinite. And the aluminum company told Phil’s employer nothing about the asbestos problems they had experienced with the Marinite.

We settled Phil’s case during trial for more than $2.4 million. Phil was able to retire with the settlement money we recovered.