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$16.25 Million in Dental Tape in Asbestos Expsosure

On Friday, June 27, 2008, Weitz & Luxenberg P.C. achieved 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. The jury attributed 20 percent of liability to another dental supply manufacturer, Dentsply Corp, f/k/a Randsom & Randolf, which settled before the verdict.

The trial also addressed Penn’s other exposures to asbestos. He 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 spray was found to be 40 percent liable.

Additionally, Todd Shipyards was found 20 percent liable given that Penn’s father worked there as a steamfitter. Family members of workers exposed to asbestos are at risk due to the asbestos dust brought into the home on the shoes, clothing, skin, and hair of workers.

The Weitz & Luxenberg trial team included Douglas D. von Oiste and asbestos trial attorney James C. Long, Jr. The judge was the Honorable Marilyn G. Diamond.

Weitz & Luxenberg is known for spearheading asbestos cases, among others, securing a $37 million asbestos verdict in 2007 in two lung cancer cases in a reverse bifurcated trial.

In 2002, the firm won a $53 million verdict for a brake mechanic suffering from mesothelioma, and a $49 million verdict for a boilermaker who died from mesothelioma.

Our firm continues to set an unmatched standard of excellence for mass tort litigation, achieving more verdicts than most firms in America. We hope to have an opportunity to assist you with your legal matter. If you would like a free consultation or more information about your legal options, please complete the form and a representative of our law firm will contact you as soon as possible.

 

Recent W&L Results

  • $20 Million

    The family of a former Navy shipfitter who died earlier this year of mesothelioma received a verdict of against a manufacturer of boilers that were insulated with asbestos.

  • $25 Million

    Two men sought help after getting cancer due to asbestos-tainted products. Crane Co., the product manufacturer, acted recklessly and with conscious disregard for safety. W&L is relentless in ensuring that innocent victims are not brushed aside.

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Mesothelioma and Asbestos

Without W&L, the people poisoned by asbestos would have no recourse or protection.

- John C. , New York , NY

W&L Facts

  • We won a $37 million verdict for 2 clients — a steam fitter and a boiler maker — with asbestos lung cancer. Mesothelioma and Asbestos
  • We got $518 million from the chemical industry. Mesothelioma and Asbestos
  • We won $17.5 million in a consolidated trial of 5 mesothelioma victims. Mesothelioma and Asbestos
  • We won non-malignancy cases totaling almost $1.5 billion. Mesothelioma and Asbestos
  • We won lung cancer cases totaling almost $1.5 billion. Mesothelioma and Asbestos
  • We got almost $135 million from the military industry. Mesothelioma and Asbestos
  • We worked with almost 3,000 clients with mesothelioma. Mesothelioma and Asbestos
  • More than 4,000 carpenters have used us as their legal advisors. Mesothelioma and Asbestos
  • We obtained a $190 million verdict in a mesothelioma case. Mesothelioma and Asbestos
  • We won a $64.65 million award for 4 construction site workers who had asbestos exposure. Mesothelioma and Asbestos
  • We won $11.6 million for the widow of a sheet metal worker who died of mesothelioma. Mesothelioma and Asbestos
  • Almost 22,000 construction workers have used us as their legal advisors. Mesothelioma and Asbestos
  • We won a $16.25 million verdict from a dental tape supplier for a client who got mesothelioma. Mesothelioma and Asbestos
  • More than 2,200 pipefitters have used us as their legal advisors. Mesothelioma and Asbestos
  • We helped almost 1,600 clients from New Jersey. Mesothelioma and Asbestos
  • We helped almost 1,400 clients from Massachusetts. Mesothelioma and Asbestos
  • We got more than $2 billion from the power plant industry. Mesothelioma and Asbestos
  • We got $48 million from the railroad industry. Mesothelioma and Asbestos
  • We worked with almost 4,400 clients with lung cancer. Mesothelioma and Asbestos
  • Our Asbestos Exposure Team has more than 50 lawyers. Mesothelioma and Asbestos
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