In 2018, plaintiff William Phipps, 70, was diagnosed with mesothelioma, which is an aggressive, incurable cancer that often stems from exposure to asbestos. Phipps previously worked as an HVAC technician, working with a variety of compressors, including Copeland compressors that had asbestos-containing gaskets. He claimed that his exposure to the asbestos in the gaskets caused his cancer. Phipps sued the manufacturer of the subject compressors, Copeland Corp., and various other companies that were believed to have manufactured, distributed and/or worked with asbestos-containing products to which Phipps was allegedly exposed. Phipps’ complaint was coordinated with hundreds of other cases that were pending in different counties that shared common questions of fact or law regarding direct and indirect exposure, and involved many of the same defendants. The cases were joined in one court, the Los Angeles County Superior Court. Many of those cases were put on hold while awaiting a decision regarding an appellate case involving indirect exposure. Phipps’ complaint ultimately proceeded to trial against Copeland only, as the claims against the other defendants had resolved before opening statements. Phipps claimed that Copeland failed to warn of the asbestos in its products. Copeland’s counsel contended that Phipps’ work with Copeland’s products was not a substantial factor in the development of Phipps’ because the alleged exposure levels did not exceed California’s typical ambient levels of asbestos in the air. Instead, counsel argued that Phipps’ substantial exposures to asbestos was from his work with or around asbestos thermal insulation during his service aboard U.S. Navy warships from 1966 to 1969., Phipps was diagnosed with mesothelioma in 2018. He received palliative treatment. Phipps sought recovery of past and future medical costs, and of damages for his past and future pain and suffering. His wife, Linda Phipps, sought recovery for her loss of consortium. The parties stipulated that Mr. Phipps’ past medical costs totaled $1,369,000.
