Clapper, Patti, Schweizer and Mason

A former oil worker who contracted asbestosis after years of working with asbestos and asbestos containing materials has been awarded $322 million by a jury of his peers.  It is believed to be the largest asbestos lawsuit verdict in the history of the United States.

Thomas “Tony” Brown, Jr. spent roughly 15 years working on oil rigs in the Gulf of Mexico during the 1970s and early 1980s.  He sought restitution for his debilitating condition from both Chevron Phillips Chemical and the Union Carbide Corporation, claiming that the companies were responsible for his disease by neglecting to warn him about the dangers of working with asbestos containing materials. 

Asbestosis is a condition in which the delicate tissues lining the lungs are scarred by the hard, coarse asbestos fibers that are inhaled.  Similar to mesothelioma (cancer caused by inhalation or ingestion of asbestos fibers,) asbestosis is completely preventable but once a person has been exposed, their risk of developing the debilitating condition is significantly increased.  Long term exposure, such as at a jobsite, can dramatically increase that risk.

Brown’s asbestosis lawsuit alleged that it was his work with asbestos-laden mud that was the cause of his disease.  In addition to being used as a fire retardant in insulation and an additive to thousands of construction materials and household items until the mid-1980s, asbestos can be found in natural concentrations as well.  The fibrous mineral forms in rock formations and was mined for years in a similar fashion to other semi-precious and base metals. 

Asbestosis can lead to pain, shortness of breath, and significantly decreased vitality.  Indeed, Brown is now required to wear supplemental oxygen just to get enough into his blood stream due to the damage to his lungs. 

After a lengthy trial, Brown was given the $322 million award as compensation for pain and suffering and future medical expenses as well as punitive damages against the defendants.

The defendants tried to work their way out of paying for Brown’s disease by suggesting that they were not responsible for his asbestosis because they had plenty of written warnings around.  However, Brown could not and cannot read.  Therefore, these companies that essentially put Brown in harm’s way blamed his illiteracy for the damage done to his lungs. 

As expected, officials representing the Union Carbide company plan to appeal the verdict.  The major basis of the appeal will be the fact that the court case was tried in Smith County where nearly 10% of the population has filed some form of asbestos lawsuit.  In the eyes of Union Carbide, the population from which the jurors were pulled tainted their decision.