From Construction Worker to Asbestos Attorney

April 27, 2010, 8:00AM. By Jane Mundy

Edwardsville, ILBefore attending law school and working at Goldenberg Heller Antognoli & Rowland, PC, one of the foremost asbestos litigation firms in the US, attorney R.J. Abernathy was a union laborer for more than 20 years. "I worked in construction from 1983 until I went to law school," says Abernathy. "My father died of asbestos-related lung cancer and then my uncle was diagnosed with mesothelioma. I wanted to help others in some way and wound up in asbestos litigation."

Abernathy is unique within his profession: he worked in the same or similar factories, refineries and power plants as many of his clients. These experiences provide him with a personal understanding of the types of equipment and products to which they were likely exposed. Because of his 20-plus years in construction, he can help identify a myriad of exposures during his clients' lifetimes that have contributed to their disease.

Abernathy is also a member of the Laborers' International Union Local 100 in East St. Louis, Illinois, as were his father, uncles and several cousins. "I am proud to be a member of the Laborers' Union and proud to be a lawyer who helps people every day," says Abernathy. "My father was a laborer since the 1950s, and his death in 1999 got me thinking about my future." Abernathy also knows firsthand what it is like to be on the other side of the desk. He was a client long before he ever became a lawyer, serving as administrator of his father's estate during the pendency of his asbestos lawsuit. "One of the frustrations clients feel is when lawyers don't call back in a timely manner. I have been through that experience, so I try to remember what it was like to be a client when I am their attorney."

He and his firm are currently representing a mesothelioma victim whose plight really hits home for Abernathy. "Although he is relatively healthy now, this man realizes his time is limited," he says. "He worked in a power plants and steel mills and I readily identified the equipment and products responsible for his asbestos exposure because I have worked in these places as well. This man is on chemotherapy but he still goes to work every day to ensure insurance coverage for himself and his family; when his case goes to trial, I think the jury will see the injustice of his situation.

"On the flip side, we often must take depositions from these gentlemen and preserve them for trial in case they don't make it. For instance, I went to a client's home and took his video deposition. He had made the decision to refuse chemo treatment and his only concern was that his wife and adult children would be taken care of. A few weeks later, he passed away. We have settled most of this case and are currently negotiating with a few remaining defendants."

Typically there are at least 20 to 30 defendants in a case; it isn't an "all or nothing proposition." The firm begins a case with the premise that every exposure to asbestos is significant, "so you are going to have settlements with a number of defendants before trial." (This means that, if you worked for a company years ago that has since closed or claimed bankruptcy, it doesn't necessarily matter. Abernathy says they go after a number of manufacturers, such as the makers of drywall compound.)

"The amazing thing to me is that these folks always know their future is grim. They file a lawsuit for their family and they want us to represent them for peace of mind knowing that their wives, children and grandchildren will have some measure of security. I realize this is not typically the public's view regarding lawyers, but we explain all the ramifications to these victims and their families and it is their choice to pursue these lawsuits.

"These guys are truly heroes. Many of them served their country in the military, they worked hard, dirty jobs to provide for their families and their last act often turns out to be making sure their families are taken care of after their deaths. It is a humbling experience representing these guys."

Goldenberg Heller Antognoli & Rowland, PC has more than 25 years of experience handling asbestos claims that have produced results in excess of half a billion dollars for their asbestos clients through litigation, settlement and trial. The firm is the most experienced asbestos litigation firm in the metropolitan St. Louis area. Recently they obtained Vioxx and Celebrex settlements for clients in excess of $7 million, as well as over $7.8 million in settlements for Illinois Coal Miners in claims against respirator manufacturers.