Mesothelioma Attorney from LPK Wins $2.5 Million Verdict for Navy Veteran's Family
NEW YORK, New York, December 28, 2011 - Brendan J. Tully, a mesothelioma attorney from the law firm of Levy Phillips & Konigsberg, LLP ("LPK"), recently won a $2.5 Million verdict for the family of the late Lloyd "Barry" Benton, a Vietnam veteran, who died from mesothelioma at the age of 56. The trial was against John Crane Inc., a multi-national company that made and sold asbestos products that Mr. Benton used in the Navy and throughout his career as a union pipefitter. The two week trial ended after the jury deliberated for merely 50 minutes, and unanimously decided in favor of Mr. Tully's client. The trial was held in New York Supreme Court, NY County, before the Hon. Marcy Friedman.
"Barry Benton did all of the right things. He served his country and worked hard to take care of his family. Unfortunately, he died because John Crane Inc. knew asbestos was dangerous but kept that secret to themselves and sold their products without any warning. They also knew that there was a safe way to use their products, but chose not to tell their customers," said Tully.
It was undisputed that John Crane Inc. sold hundreds of different styles of asbestos products over 60 years. At trial, Tully contended that while Mr. Benton used their asbestos products, the company knew that asbestos was dangerous and knew that its products could potentially release dangerous asbestos fibers when used. He further contended that the company even took steps to protect its own workers, but failed to pass this information on to their customers, like Mr. Benton, which put them at risk of developing mesothelioma.
At trial, the defendant argued that its products were not the cause of Mr. Benton's cancer. The jury unanimously found that John Crane's products were a substantial cause of Mr. Benton's disease.
Barry Benton first used John Crane's asbestos products when he served in the Navy, and then continued to use them throughout his career as a union pipefitter. During his career, he made thousands of gaskets out of large sheet gasket material which he would cut and hammer out. Additionally, part of Mr. Benton's job duties involved opening up flanges and removing old asbestos gaskets that were stuck on the flange face. To remove the gaskets he would use a scrapper, wire brush, or an electric wire brush. Once the old gasket was removed, he would frequently clean the area with compressed air before putting a new gasket on. All of these tasks created a substantial amount of asbestos dust in the air which Mr. Benton breathed in.
As a result of his exposure to asbestos products, including John Crane gaskets and packing, Mr. Benton died of mesothelioma, which is a type of cancer whose only known cause in North America is asbestos exposure.
"What happened here was 100% preventable. This is a tragic example of corporate greed and recklessness. This company turned a blind eye to the potential dangers of its products and put its own interests ahead of its customer's safety. Veterans and workers like Mr. Benton deserve better," said Tully.
Brendan J. Tully is an associate attorney at LPK in New York City. He has tried cases in both Federal and State courts, including successfully trying the longest trial in Albany county history in 2007.
LPK is a national leader in asbestos litigation and other toxic tort cases. Over the last 25 years, LPK attorneys have successfully represented thousands of veterans and workers who have been diagnosed with asbestos related cancer, including mesothelioma.
For more information about this or other mesothelioma lawsuits, please contact Levy Phillips & Konigsberg, LLP, at 212-605-6200 or 1-800-MESO-LAW (1-800-637-6529), 24 hours a day, 7 days a week.
Mesothelioma has no known cure and often causes severe pain, suffering, and other types of damage, such as loss of consortium, and loss of income. Additionally, due to the exceedingly high cost of mesothelioma treatments, many families exhaust savings and accumulate financial debt in order to pay for the medical expenses of their family member.
Under the law of most states, pain and suffering from mesothelioma may be compensated through the award of money damages, usually obtained with the help of experienced mesothelioma attorneys. In some states other types of damages may also be recovered.
Asbestos litigation affords mesothelioma victims the opportunity to receive financial compensation and hold accountable the companies that caused their asbestos exposure.
If you or your family member has been diagnosed with mesothelioma, you should get in touch with a mesothelioma lawyer as early as possible to determine if you have a mesothelioma case and to:
- Preserve your rights to bring a legal action against the responsible parties within the limited time frame allowed by law, known as statute of limitations;
- Obtain maximum compensation in your case by being able to:
- Preserve evidence and establish facts of the asbestos exposure while the claimant is still alive and able to provide information;
- File and resolve a lawsuit against the responsible parties before they file for bankruptcy or, if they already have, to obtain compensation before their bankruptcy trust funds run out of money;
- Expedite your case, as courts tend to give higher priority to mesothelioma lawsuits where the claimant is still alive.
Find out whether you have a case by speaking to one of our experienced mesothelioma lawyers via our 24/7 toll-free hotline at 1-800-MESO-LAW (1-800-637-6529) or by submitting an email inquiry (see form above). Our attorneys will be quick to respond to you and happy to answer all of your questions.
While our offices are located in the states of New York, New Jersey, and Georgia, many of our mesothelioma lawyers are licensed to practice law in a number of U.S. states and have the capability and extensive experience of representing mesothelioma clients throughout the United States.
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