June 27, 2008

A mesothelioma patient and his wife were awarded $16.25 million today in yet another asbestos lawsuit to end with a huge jury verdict. The plaintiff, 71 year old Marvin Penn, was diagnosed with the asbestos-caused cancer mesothelioma after being exposed to asbestos in the 1960s. The jury attributed 20 percent of the liability to the sole defendant at trial, Kerr Corp., a dental supply company.

Plaintiff Marvin Penn’s trial team attorney and lead counsel said, “The jury believed Mr. Penn and did not believe Kerr’s defense that the product it distributed did not release harmful asbestos dust, and that Kerr could not have known at the time that it was dangerous.”

Marvin Penn was a mail carrier from 1963 to 1999, but he attended dental technician school in the late 1960s while considering a career change. During his years in dental school, Marvin Penn was exposed to asbestos while carving wax replicas of teeth using asbestos-containing dental tape.

The complex lawsuit (Index no. 105637/07, New York Supreme Court, Manhattan) involved a three-week trial featuring state-of the-art medical experts, which culminated in the verdict against Kerr. The jury attributed 20 percent of liability to another dental supply manufacturer, Dentsply Corp, also known as Randsom & Randolf, which settled before the verdict.

The trial also addressed other sources of Marvin Penn’s asbestos exposure. Marvin Penn testified that he worked in a post office across from the former location of the World Trade Center while it was being sprayed with asbestos. The jury found that the asbestos spray used on the World Trade Center was 40 percent liable for Marvin Penn’s asbestos exposure.

Additionally, the jury found that Todd Shipyards was 20 percent liable because Marvin Penn’s father worked there as a steamfitter. Family members of workers exposed to asbestos are at risk for second hand asbestos exposure because asbestos dust can be brought into the home on workers’ shoes, clothing, skin, and hair.

Asbestos Exposure & Mesothelioma Cancer Lawyers

Because mesothelioma is primarily caused by the inhalation of asbestos particles and prolonged asbestos exposure, many mesothelioma patients are entitled to compensation through asbestos lawsuits. If you or someone you love has just been diagnosed with mesothelioma (or someone you love has died from mesothelioma), consult a lawyer to learn more about your rights and whether you have a legal claim.

Published November 17, 2011 by