Appellate Court Affirms Increase in Pain and Suffering Award to Mesothelioma Victim

 

Thomas McGlynn worked as a shipfitter and laborer in shipyards and aboard ships in New York and New Jersey from 1976 until the late 1980’s. During that time, he was exposed to asbestos-containing products including valves manufactured by Jenkins Bros.

In April 2015, Mr. McGlynn, then 74 years old, began suffering from what was later (in May 2016) diagnosed as pleural mesothelioma.

He commenced a lawsuit against Jenkins and others in August 2016 and one year later, a Manhattan jury (a) determined that Jenkins failed to provide adequate warnings about the hazards of asbestos exposure in its products and (b) awarded pain and suffering damages in the sum of $3,300,000 ($1,800,000 past – 28 months, $1,500,000 future – six months to one year).

Plaintiff successfully argued in a post-trial motion that the pain and suffering award was unreasonably low. The trial judge ordered an increase in pain and suffering damages to $6,500,000 ($4,000,000 past, $2,500,000 future).

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