Asbestos Lawsuits: Companies Put Workers' Lives at Risk

May 13, 2012, 10:30AM. By Heidi Turner

San Francisco, CAMore and more asbestos lawsuits, alleging employers knowingly put their employees' lives at risk by exposing them to asbestos—and the possibility of mesothelioma, asbestosis and other asbestos injuries—are being filed against the companies responsible for asbestos exposure. In some cases, the lawsuits allege employers were egregious in knowing full well about the risks associated with asbestos exposure, but still failing to properly protect their employees.

In California, an appeals court ruled that a $4.5 million punitive damages award, given to the plaintiff in an asbestos lawsuit, was not excessive. According to Legal Newsline (5/2/12), the judge found that the amount was justified because the actions of the company involved were "highly reprehensible." According to the article, brake shoes made by the defendant involved asbestos-containing linings, which were made by other companies.

The judge found that the defendant wrote to the makers of the linings to complain about the use of asbestos, but did not warn its workers about the asbestos or about the risks to their health. Even though the letters of complaint were written in 1973 and 1975, the company did not put warnings on its products until the 1980s and did not stop selling brakes with the linings until the 1990s.

The plaintiff, Gordon Bankhead, worked for the defendant from 1965 until 1999. He died of mesothelioma in 2009. A jury awarded $4.5 million in punitive damages, but the defendant appealed that award. In April 2012, a California appeals court upheld the jury's decision.

Meanwhile, an article in the Los Angeles Times (4/22/12) asks whether some asbestos industry lawyers are purposely dragging out litigation, hoping the plaintiffs will die before they get their day in court, saving their clients money. According to the article, John Johnson suffered from malignant mesothelioma. Despite a letter from his doctor stating that Johnson could only handle 12 hours of depositions over a few weeks, a judge allowed the companies Johnson was suing to depose him for 25 hours.

The article notes that Johnson appeared at every deposition, even putting off going to the hospital so he could appear. Forty minutes after his final session, Johnson collapsed. He died in the hospital the next day. Because he died, a portion of his claim is likely lost from the lawsuit, saving the defendants money. Now, Johnson's family, his legal team and even his doctors argue that intense questioning was a factor in Johnson's death.