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Thursday September 2, 2010

Legal NewsFor the consumer

$20 Million Asbestos Cancer Verdict Upheld

A California woman is entitled to $20 million in damages from the company that made a construction material containing toxic asbestos that gave her mesothelioma cancer of the lungs, an appeals court has ruled.

Joan Mahoney of San Francisco was a singer who toured the world with the United Service Organizations (USO), but she also worked for her family’s home-remodeling business, during which time she was exposed to a Georgia Pacific joint compound made with asbestos, according to a report on LawyersAndSettlements.com.

Mahoney was diagnosed with mesothelioma in 2006 and was forced to undergo chemotherapy to fight the deadly, aggressive form of cancer. Because of her own medical problems, Mrs. Mahoney was unable to care for her husband, Daniel, who suffered a stroke around the same time and had to be sent to a nursing home.

Lawsuit Filed Alleging Negligence

Mahoney sued Georgia Pacific, claiming the company negligently marketed its joint compound and knew that exposure to asbestos can cause mesothelioma and other health problems.

A jury awarded Mahoney just over $20 million, with Georgia Pacific responsible for 30 percent of the damages. The rest of the money would be paid by other companies that mined or processed the asbestos used in the finished joint compound.

The trial court later reduced Mahoney’s damages from Georgia Pacific to about $6.2 million, but an appeals court has now ruled she should receive the full $20 million originally awarded. The full verdict is “amply supported” by evidence and testimony presented against the company at the trial, according to LawyersAndSettlements.com.

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