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In a recent case, the asbestos attorneys at Weitz & Luxenberg P.C. obtained a $16.25 million verdict in an asbestos lawsuit on behalf of Marvin Penn, 71, diagnosed with the asbestos-related cancer mesothelioma, and his wife Josephine Penn.
The jury attributed 20 percent of the liability to the sole defendant at trial, Kerr Corp., a dental tape supply company.
The case, which clears a new path to justice in asbestos litigation, is believed to be the first successful asbestos verdict against that type of defendant.
Douglas D. von Oiste, Weitz & Luxenberg 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, though, in considering a career change, attended dental technician school in the late 1960s. It was there that he was exposed to asbestos while making castings by carving wax replicas of teeth using asbestos-containing dental tape.
The complex case (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.
According to an asbestos construction lawyer at the firm, many companies in many industries deceived their workers for decades, failing to reveal the life-threatening nature of asbestos, a known carcinogen.
Our client's illness was entirely avoidable and our Asbestos Litigation team was able to prove as much.
Sadly, this case is one of thousands our asbestos attorneys have had to bring on behalf of those whose lives have been upended by asbestos.
Weitz & Luxenberg is a leading plaintiffs' law firm that has represented people affected by mesothelioma for over 20 years.
Men and women diagnosed with mesothelioma or lung cancer caused by asbestos exposure or secondary exposure may be entitled to compensation from the companies responsible for their disease.
If you would like a free consultation or more information about your legal options from our asbestos attorneys, please complete the form on this page, and a representative of our law firm will contact you as soon as possible.