Case details

Plaintiff: Asbestos-containing joint compounds caused cancer

SUMMARY

$13227939

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
cancer, decortication, lung, mesothelioma
FACTS
In April 2011, plaintiff Melvin Desin, 78, a retired electrician, was diagnosed with mesothelioma, which is an aggressive, incurable cancer that often stems from exposure to asbestos. Desin previously served in the United States Coast Guard, and worked as an electrician at numerous residential sites and commercial buildings throughout San Francisco since 1953. In 1997, he retired from the electrician trade before being diagnosed with mesothelioma in 2011. Desin sued Kaiser Gypsum Co. Inc., a manufacturer of asbestos-containing joint compounds, and Union Carbide Corporation, a supplier of asbestos fiber to joint compound manufacturers. He also over 40 other industrial/commercial entities and amended his initial complaint to also include E. Mitchell Inc., National Electric Supply Co. Inc. and The Genlyte Group Inc. However, prior to trial, Desin reached confidential settlements with most of the defendants, excluding Kaiser Gypsum and Union Carbide. Thus, the matter proceeded to trial against Kaiser Gypsum and Union Carbide only. Desin claimed that Kaiser Gypsum defectively designed its asbestos-containing joint compounds and failed to warn of the defects with its products. He alleged he worked directly with the asbestos-containing products, and near others that used and distributed asbestos-containing products while working as an electrician at Kaiser Gypsum sites. Desin’s counsel presented evidence showing that the knowledge of hazards related to asbestos exposure dated prior to the 1920s. Counsel further contended that by at least as early as the 1950s, the knowledge of asbestos’ dangers had progressed to the point of knowing that it could cause cancer. Thus, Desin’s counsel argued that Union Carbide was negligent for supplying the asbestos fiber to Kaiser Gypsum and that Kaiser Gypsum was negligent for continuing to create the asbestos-containing products without any warnings. Following the plaintiff’s case-in-chief, Desin and Union Carbide reached a confidential settlement. Thus, the matter continued against Kaiser Gypsum only. Kaiser Gypsum’s counsel argued that Desin’s exposure to Kaiser Gypsum’s asbestos-containing joint compounds was not large enough in dose to cause Desin’s mesothelioma. Counsel also argued that exposure to the type of asbestos used in Kaiser Gypsum’s joint compounds, chrysotile asbestos, does not cause mesothelioma., Desin was diagnosed with mesothelioma in April 2011, and underwent both a pleuropneumonectomy and decortication. He also received several rounds of chemotherapy. Desin claimed that his current condition is considered to be very poor, as he lacks energy and deals with severe respiratory illness. He alleged that he can no longer play golf, go to baseball games, travel, and do other activities that he loved. As of the time of trial, the plaintiff’s life expectancy was claimed to be less than one year. Thus, he sought recovery of $260,939 in damages for his medical costs and additional, unspecified amount of damages for his pain and suffering. In addition, Desin sought recovery of punitive damages for Kaiser Gypsum’s alleged oppression and malice.
COURT
Superior Court of San Francisco County, San Francisco, CA

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