Avid Surfer and Former Drywaller Awarded $26.6 Million by Los Angeles Jury

San Pedro, CA, March 20, 2013—Asbestos cancer litigation law firm Worthington & Caron, P.C. today announced a verdict in the case of a 62 year-old former drywaller diagnosed with mesothelioma, a cancer caused by asbestos. The Los Angeles Superior Court jury that heard the case returned its verdict Tuesday, awarding $26.6 million to Mike and his wife.

Mike testified that he worked as a drywaller in northern Southern California from 1967, while he was still attending Madison High School, through 1993—with frequent breaks for extended surfing trips to Hawaii and Mexico. He worked at countless residential and commercial jobsites during the construction “boom” that occurred in north county in the 1970s, the same time that cancer-causing asbestos was used in many construction products including joint compound, fire-rated drywall, caulk, stucco, roofing mastic and asbestos cement pipe.

“With all the trades working on top of each other trying to finish one job and move on to the next, it was always dusty,” Mike recalled, “It wasn’t until I became a lead maintenance mechanic at UC San Diego and attended a class on job safety in 2003 that I learned that so many of the materials used on the jobs back then contained asbestos.” 

The case (LASC case # BC486980) was filed on June 20, 2012 by Worthington & Caron and co-counsel Simon, Greenstone, Panatier & Bartlett. Over 30 defendants were named in the case. Settlements were reached with a number of defendants prior to trial. Stucco manufacturer, Highland Stucco and Lime Products, Inc., the sole remaining defendant at trial, argued that other companies and even Mike himself were responsible for his exposure to asbestos. But the jury ultimately assessed blame on Highland for its role in subjecting Mike and other members of the public to its dangerous products.

“I was surprised to learn at trial just how much asbestos was in stucco,” Mike stated, “even though I rarely worked hands-on with the stuff, I was exposed to dust when the bags were dumped into large mixers and when we had to scrape off areas of over-spray that came into the homes through windows and doors.”

Mike is grateful for the jury’s award and for the hard work of his legal team, but would gladly trade it for the return of his health. Prior to his diagnosis in May 2012, Mike enjoyed his job at UCSD and had no plans of retiring. He also continued to indulge his life-long passion for surfing, hitting the waves on the iconic surf breaks of north county in Southern California two or more times a week.

After receiving his diagnosis, Mike sought treatment with thoracic surgeon Dr. Robert Cameron, Director of the Comprehensive Mesothelioma Program at the UCLA Medical Center in Los Angeles. Mike underwent the lung-sparing pleurectomy/decortication surgery performed by Dr. Cameron in July 2012. Thereafter, he underwent six weeks of radiation under the direction of UCLA radiation oncologist Dr. Michael Selch. “I was one of the first patients to get radiation with UCLA’s new Tomo-Therapy equipment”, Mike said, “Dr. Cameron and his team are on the cutting edge when it comes to treating meso. There are world-renown medical centers in Southern California, but for mesothelioma, the experts are at UCLA." 

Mike recognizes that asbestos companies like Highland have historically refused to support research into cures for mesothelioma, “they would rather pay attorneys to blame guys like me who were exposed to their products for causing our own illness!” Mike vows to support mesothelioma research conducted at the Pacific Meso Center under the direction Dr. Robert Cameron: “I’ve personally benefitted from Dr. Cameron’s research supported by patients before me affected by this disease. Now it’s my turn. With a little luck, I’ll be around long enough to benefit from the research they do with my support."

Beware of “Madison Avenue” Meso Lawyers

Nowhere to Hide

It’s late at night, you’re dozing off with the TV on, the screen goes dark and is soon filled with words in white lettering, as an all too serious narrator begins reading: “If you or a loved one was diagnosed with mesothelioma, call the number on your screen now…”

Now it’s morning, you’re settling in with a cup of coffee, your eyes are on the newspaper but you’re listening to CNN when, once again, the all too familiar voice beckons: “If you or a loved one was diagnosed with mesothelioma, call the number on your screen now…”

Now you’re up and dressed. Before leaving the house, you flip over to the Weather Channel for a quick check of the forecast, but before you can get your “Local Weather on the 8’s”, you’re forced to once again endure the barely human voice: “If you or a loved one was diagnosed with mesothelioma, call the number on your screen now…”

You’re at an intersection waiting for the “Walk” signal when your view is eclipsed by a large bus pulling over at a nearby bus-stop. On the back of the bus is a large rectangular sign with the image of a man with a weathered face and stoic expression, wearing a hard-hat, next to which you see the text: “If you or a loved one was diagnosed with mesothelioma, call 1-800…”
These days there’s no escaping “Madison Avenue” meso lawyers and their seemingly limitless advertising budgets.

“Scorched Earth” Campaign for Meso Victims

So who are these “Madison Avenue” meso lawyers who are saturating our airwaves, billboards and bus placards with their distasteful attempts to reach the one out of every 103,000 Americans who will be diagnosed with mesothelioma this year?

Typically, they are national firms which, curiously enough, don’t even specialize in the handling of mesothelioma cases. Instead, many of these firms handle a wide array of cases including pharmaceutical cases, tobacco cases, securities fraud cases, Chinese drywall cases, mold cases, medical malpractice cases and various forms of class action cases. Many of the firms have only recently jumped on the “mesothelioma bandwagon,” adding these cases to their diverse practices.

Talk the Talk and Walk the Walk

Any law firm with a large marketing budget can hire an advertising firm to produce a slick (usually not-so-slick) TV commercial and run demographic studies on the times and channels to run the commercials where they will have the best chance of reaching their “market.” But does possessing the so-called savvy to market legal services the same way others market “male enhancement” products qualify a law firm to represent a family struggling with mesothelioma?

In order to effectively represent a family afflicted with mesothelioma, a law firm must have the knowledge and experience necessary to quickly educate the family about the full extent of their medical options and assist them in getting prompt attention from the physicians who have developed an expertise in the treatments they are interested in (See our article “Should Lawyers Advise Their Clients on Treatment Options” Published in Asbestos Magazine).

Because of a mesothelioma patient’s limited life expectancy, efforts must be made to bring the case to trial as soon as the court will allow. These efforts, not surprisingly, are met with great resistance from defense attorneys whose billable rates incentivize them to make the case drag on as long as possible so that the mesothelioma patient never sees his or her day in court. Again, meeting and overcoming these unique challenges requires attorneys who are experienced and have a proven track record in handling mesothelioma cases.

Are “Madison Avenue” meso lawyers up to these challenges?

Can a family struggling with mesothelioma afford to risk that they’re not?

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