Clapper, Patti, Schweizer and Mason

A New York jury recently awarded a Niagara Falls man $2 million in a mesothelioma lawsuit stemming from his time working in an industrial plant.  The 66-year old man now suffers from peritoneal mesothelioma caused by exposure to asbestos while he was working at a Durez Plastics plant in North Tonawanda near Buffalo, New York. 

Gerald Failing worked at the plant between 1966 and 1978 in the compound department.  During that time he repeatedly used molding mixes, manufactured by Hedman Resources Inc. based in Canada.  The mixes contained asbestos, which causes deadly diseases including various forms of mesothelioma. 

Peritoneal mesothelioma is cancer of the stomach and the lining of the abdomen.  It’s extremely rare with only one or two cases per million here in the United States.  It’s caused when asbestos fibers, usually ingested or inhaled, pass through the membranes of the stomach and intestine but get stuck in the soft tissues surrounding them.  These fibers then cause the growth of tumors.  As the cancer progresses, it can spread to other parts of the body and will, inevitably, lead to the victim’s death.

Front line treatments for mesothelioma include surgery, chemotherapy, and radiation treatments.  However, the effectiveness of these treatments is extremely limited because of the cancer’s aggressiveness.  Other treatments often employed in conjunction with these “traditional” ones include paracentesis and immunotherapy.  Paracentesis is an abdominal procedure which drains fluids from the stomach and is used to relive pain and make living with mesothelioma more bearable.  Immunotherapy – still in its experimental infancy – is used to help the body’s own defense mechanisms to combat the cancer.  There is no cure for mesothelioma and every case is eventually fatal.

The suit was successful because Failing’s mesothelioma attorney was able to convince the jury that Hedman Resources failed to provide proper warnings about their asbestos products even after they were aware of the dangers of working with asbestos. 

In addition to peritoneal mesothelioma, asbestos can cause various other forms of cancer (including lung cancer) and asbestosis (scarring of the lungs).  Even limited exposure can cause these diseases, however, studies have shown that longer periods of exposure and repeated exposure incidents increase the risk of developing illnesses.    

Because this type of mesothelioma is so aggressive and progresses so rapidly, Failing’s case was expedited by the courts.  Most victims diagnosed with peritoneal cancer have less than a year from the time they are diagnosed until the disease eventually kills them.  At the end of the short trial, the court found Hedman Resources 100% liable for Failings disease.  The company has been ordered to pay all of the damages Failing sought.