$10 Million Asbestos Settlement Considered Largest in Missouri History

December 19, 2011

Kansas City, MO A $10 million settlement in an Asbestos lawsuit is bittersweet for the family of the primary plaintiff. Nancy Lopez originally filed suit in March of last year, alleging asbestos exposure in her work area. But she never lived to see the settlement, after succumbing to asbestos cancer eight months later, on October 9, 2010, at the age of 56.



Lopez' mother took over as plaintiff in the matter, which was settled last month without ever going to trial, according to the November 21 issue of Missouri Lawyers Media (MLM). A two-week trial was scheduled to commence December 5, but was deferred when the settlement was reached.



Lopez was a judicial administrative assistant for Division 7 who worked at the Jackson County Courthouse. Her lawsuit alleged exposure to asbestos while working at her desk over a 24-year period beginning in 1983 and ending in 2007.



At issue were renovations to the Jackson County Courthouse building, which were undertaken by US Engineering Co. The company, which admitted to no wrongdoing in agreeing to the settlement, joins other defendants who have settled prior to the $10 million settlement—considered the largest so far for a Mesothelioma lawsuit in the state of Missouri.



Third-part defendants Lippert Mechanical Service Corp. and Johnson Controls each paid out $200,000 in September, while the municipality of Jackson County paid a $400,000 settlement that was approved back in May.



While this asbestos mesothelioma case may have been resolved, it may not be the end of the troubles for Jackson County and the problematic courthouse, according to MLM. A separate lawsuit—which was awaiting class certification in November—seeks compensation for anyone who may have worked, conducted business or even visited the Jackson County courthouse since 1983.



It is not known how many asbestos claims may be garnered from the lawsuit, were it to achieve class-action status.



Asbestos lawsuits currently percolating through the courts are often dealing with asbestos exposure dating back 30 years or longer—the time it often takes for asbestos mesothelioma symptoms to emerge following initial exposure. Many claims for asbestos compensation date back to exposure during a time when less was known about the hazards of asbestos than now or when employers were more cavalier about the subject.



Many workers have been exposed to asbestos without their knowledge, often transporting dangerous asbestos fibers home to their families via compromised work clothes.



An asbestosis attorney representing the deceased plaintiff opined ruefully that the only thing Nancy Lopez did wrong was coming into work every day. By simply doing her job in an allegedly compromised environment, she was handed a death sentence.



Asbestos mesothelioma attacks the lining of the lungs and other internal organs. It is almost exclusively thought to originate with asbestos exposure. There is no known cure. Many Asbestos Lawsuits have been brought by family members and the estates of asbestos injury victims who have since died.



It was reported that last year officials at the Jackson County courthouse posted notices, indicating that air quality within the building duly met state and federal standards.



But it has also met with Mesothelioma lawsuits…