Case details

Decedent’s mesothelioma diagnosis was wrong: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
death, loss of parental guidance cancer cancer, loss of society, mesothelioma
FACTS
In August 2015, plaintiffs’ decedent Velma Searcy, 51, an aerospace electrical technician, was diagnosed with malignant mesothelioma, which is an aggressive, incurable cancer that often stems from exposure to asbestos. She later passed away due to complications allegedly related to malignant mesothelioma on Dec. 8, 2016. Searcy’s family stated that after Searcy was born in 1965 and that she grew up watching her father change the brakes on cars. They claimed that Searcy was exposed to asbestos during those instances as a child and due to her father wearing his contaminated work clothing home after performing personal automotive work. She was also allegedly exposed to asbestos later in life, while she worked as a laborer. Specifically, Searcy’s sons claimed that their mother was exposed to asbestos that was contained in Dexter Hysol aerospace adhesives during her career as an electrical technician in the aerospace industry from 1982 to 1987. Searcy was ultimately diagnosed with malignant mesothelioma in August 2015. On March 1, 2016, Searcy sued Dexter Hysol Aerospace LLC, 3M Co., and and various other companies that were believed to have manufactured, distributed, and/or worked with asbestos-containing products to which Searcy was allegedly exposed. Searcy’s 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. 3M and several other defendants were dismissed from, or settled out of, Searcy’s action. In addition, Searcy passed away after filing the complaint, but prior to trial, so her two adult sons, Larry Echaves and Michael Echaves, and two minor sons, David Lowenthal and Christopher Lowenthal, continued her claim. Thus, the complaint from Searcy’s estate continued against Dexter Hysol Aerospace only and due to the minors’ young age, the case was granted trial preference. Plaintiffs’ counsel contended that Dexter Hysol Aerospace was negligent and strictly liable for the defective design of its product. Counsel also contended that Dexter Hysol Aerospace was negligent and strictly liable for its failure to warn about the potential dangers of asbestos exposure while using its adhesives during Searcy’s career as an electrical technician in the aerospace industry from 1982 to 1987. However, the plaintiffs ultimately dropped their failure to warn claims before the case was submitted to the jury. Defense counsel argued that Searcy was not exposed to asbestos from its products, as its aerospace adhesives were not present at Searcy’s workplaces., Searcy died due to complications related to cancer on Dec. 8, 2016. She was 51 years old, and was survived by four sons, two adults and two minors. Her family claimed that Searcy died from malignant mesothelioma. Prior to her death, Searcy founded Aerowire Technical Services in 2010, after she had worked as an aerospace engineer for 30 years. The plaintiffs’ experts opined that Searcy suffered from mesothelioma. Thus, Searcy’s family sought recovery of $21.6 million in non-economic compensatory damages for their mother’s wrongful death, as well as recovery of punitive damages for the alleged malicious conduct of Dexter Hysol Aerospace. Defense counsel stipulated that Searcy’s economic damages totaled $1.6 million. Thus, the jury was asked to determine whether more was warranted, if Dexter Hysol Aerospace was found liable. Defense counsel argued that Searcy’s malignant mesothelioma diagnosis was wrong and that Searcy was not sick because of asbestos exposure or from any asbestos-related disease. Specifically, the defense’s experts opined that Searcy actually suffered a different form of cancer known as a sarcoma, which is an uncommon group of cancers that arise in the bones and connective tissue.
COURT
Superior Court of Los Angeles County, Long Beach, CA

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