Clapper, Patti, Schweizer and Mason

Last week a Los Angeles jury awarded $208 million to Rhoda Evans, the wife of a retired Department of Water and Power (DWP) worker who has mesothelioma, a rare form of cancer caused by exposure to asbestos.    The jury awarded $8 million in compensatory damages against CertainTeed Corp and DWP and $200 million in punitive damages against CertainTeed Corp. Defense plans to appeal the award amount to get it reduced.

 

Mesothelioma is an incurable malignancy that begins in the mesothelium, or lining of the lungs, heart and abdomen. The most common form originates in the lungs, known as malignant pleural mesothelioma (MPM). In the majority of cases, exposure to asbestos occurs on the job. However, in this case, the exposure was second hand. Bobby Evans, Rhoda’s husband, worked for the Los Angeles DWP, repairing asbestos cement water pipes that were supplied by CertainTeed. Asbestos fibers are microscopic and can easily become airborne, especially during repairs. During the course of work, asbestos can become embedded in the clothes, hair and skin of the worker and carried home. Rhoda then performed all the laundry and cleaning of her husbands clothes, shoes, etc, thereby becoming exposed to asbestos from the water pipes.

 

The link between asbestos and deadly diseases was first documented in 1907, when miners were diagnosed with asbestosis. It was further documented in 1934 with asbestos related cancers and the first cases of mesothelioma in 1960. The common link to all these illnesses is exposure to asbestos. 

 

Although the link between exposure to asbestos and mesothelioma has been clearly established, not all countries have banned the use or manufacture of this deadly substance.   For instance, the United States and Canada has strict controls under the Hazardous Products Act and yet has not banned asbestos.    The United Kingdom banned all forms of asbestos in 1999 and another 27 states in Europe banned it in 2005.

 

Mesothelioma attorneys argued that Rhoda Evan's mesothelioma was caused by exposure to asbestos dust from CertainTeed asbestos cement water pipes, and the jury agreed. Defense claims that punitive damages should not be awarded and are seeking to have the $200 million verdict overturned or reduced.