Case details
Chrysotile fibers did not cause abdominal cancer: defense
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
cancer cancer, mesotheliomabdomen
FACTS
In July 2018, plaintiff Ricardo Ocampo, 53, a former maintenance worker at a car dealership in California, was diagnosed with peritoneal mesothelioma, which is a rare, aggressive, incurable cancer that develops in the lining of the abdomen and that often stems from exposure to asbestos. Ocampo claimed that his condition was caused by exposure to asbestos-contaminated dust, which he swept up as part of his job from 1991 to 1997, and that the dust was from brake pads manufactured by Bendix Corp. Ocampo sued the parent company of Bendix Corp., Honeywell International Inc., and various other companies that were believed to have manufactured, distributed and/or worked with asbestos-containing products to which Ocampo was allegedly exposed. Several of the defendants were removed from the case, and the matter ultimately proceeded against Honeywell only. Plaintiff’s counsel contended that Honeywell failed to warn about the risk of cancer as a result of being exposed to asbestos. Honeywell’s counsel contended that Ocampo was only exposed to chrysotile fibers and that chrysotile does not cause peritoneal mesothelioma. Counsel also contended that Ocampo failed to prove that any of Honeywell’s brake pads were ever on the dealership’s premises, or that the brakes sold to the dealership and/or installed on the General Motors vehicles that the dealership serviced actually contained asbestos., Ocampo was diagnosed with peritoneal mesothelioma in 2018. He received palliative treatment. Ocampo’s medical experts opined that asbestos dust from brake pads could have caused Ocampo’s illness. Ocampo sought recovery of past and future medical costs, and of damages for his past and future pain and suffering. His wife, Elvia Ocampo, sought recovery for her loss of consortium. Honeywell’s counsel argued that Ocampo was only exposed to chrysotile fibers and that chrysotile does not cause peritoneal mesothelioma.
COURT
Superior Court of Alameda County, Oakland, CA
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