Jury Awards $23 Million After Laundry Equipment Causes Malignant Mesothelioma
When Cynthia B. Cowger was diagnosed with malignant mesothelioma, she decided to pursue a lawsuit against Qualitex Company. She never dreamed that they’d argue that her own genes had led to her getting the rare, asbestos-related disease, nor did she imagine that a jury would disregard their arguments and award her $23 million in compensation.
Mesothelioma Is Caused by Exposure to Asbestos
Malignant mesothelioma is a rare and fatal form of cancer whose cause has been known for decades: it is caused by exposure to asbestos, a mineral that was used in construction, in insulation, and in other high heat environments and products requiring strength and fire resistance. Cynthia B. Cowger worked for F.W. Means/Aramark handling laundry press pads and other commercial laundry equipment that was contaminated with asbestos and manufactured by Qualitex Company.
When she filed a mesothelioma lawsuit against Qualitex accusing them of negligence and liability for her illness, the company responded by arguing that her illness had been caused by her genes. They demanded blood tests so that they could prove their case, and a significant amount of court time was spent arguing over whether they were entitled to samples for study.
Years of Legal Argument Led to $23 Million Mesothelioma Award
Despite the company’s persistent arguments, the courts would not allow them to sample Ms. Cowger’s blood and rejected their assertion that her mesothelioma was caused by a genetic mutation. A judge wrote that “the theory underlying Qualitex’s request has not gained general acceptance whereby it would be permitted to conduct full genomic sequencing of the Plaintiff’s genome.” The company appealed this decision but their argument was rejected and the case went to trial before a jury.
Though the company continued to argue against its responsibility for her mesothelioma and claimed that she “was not exposed to any asbestos-containing product manufactured, supplied, or distributed by Qualitex,” the jury disagreed and awarded her a total of $23 million, including $6 million for her loss of a normal life, $5 million for her shortened life expectancy, $2 million for physical disfigurement, and another $10 million total for her pain and suffering and emotional distress. Remarkably, Ms. Cowger had been negotiating a settlement immediately before the jury heard closing arguments and had been willing to accept just $5 million in damages, but the asbestos company rejected that offer.
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