Man awarded $30 million in mesothelioma lawsuit

December 19, 2008

Newark, NJ Mark Buttitta finally got his day in court – but he had to die to do it. Mark contracted asbestos mesothelioma which caused his death. Mark's estate sued the companies that caused his asbestos exposure and won. His estate was just awarded $30.3 million.



Mark was only 50 years old when he died from asbestos mesothelioma in 2002. He was a father of 3, and worked as an advertising executive up until his death. Mark contracted what is sometimes referred to as 'take home' asbestos exposure from his father and brother, both of whom had worked at General Motors warehouses. They handled car parts that contained asbestos. Their working clothes would have absorbed the asbestos fibres during their working days, as the fibres are very fine, and easily disturbed. Interestingly, though Mark had also worked in those same warehouses when he was going to college, years ago. He was definitely exposed, and it can take up to 40 years for asbestos mesothelioma to manifest.



Who is at risk for Asbestos Mesothelioma?

Contrary to what would seem logical, knowing that asbestos exposure can have potentially lethal results doesn't seem to have prevented its use. The auto industry still uses car parts that contain asbestos in products such as brake shoes. Asbestos is also widely used in roofing materials, textiles, friction products, insulation, and other building materials. In fact it's estimated that 1.3 million construction workers still face significant exposure to asbestos during renovations, demolitions, and asbestos removal, and more than 27 million workers were exposed to asbestos between 1940 and 1980.



Looking at this list of uses of asbestos, it would seem that blue collar workers are at an increased risk for exposure to the lethal mineral, and thereby asbestosis and asbestos mesothelioma. But one of the attorneys representing Mark's estate commented that this is a sad case because it shows convincingly how blue-collar workers from the automotive, construction and other asbestos-using industries are not the only potential victims of mesothelioma.



Workers' families are also exposed to asbestos – by second hand or take home exposure. Experts say second hand exposure is among the most common non-job-related causes of mesothelioma. This is having major repercussions in terms of the number of people who are or will become ill. The Environmental Working Group Action Fund estimates that 10,000 people a year die from asbestos-caused diseases the United States, which includes one out of every 125 American men who die over the age of 50.



Why take legal action?

Not surprisingly, asbestos mesothelioma lawsuits are on the rise in the United States in attempt to get some justice for people who were unfairly or negligently exposed. Mark's case took 15 days, and involved a six-member jury, who awarded what is considered to be one of the largest settlements in the region's history. While General Motors will settle, two other defendants, the Michigan auto-parts maker BorgWarner and Montreal's Asbestos Corporation Limited (ACL) plan to appeal the ruling. But these manufacturers can't hide forever. The evidence exists, the risks are known, and, unfortunately the body count is increasing. Therefore, taking legal action may be the only way to bring this wilful negligence to an end.