$3.8 Million Awarded to Pennsylvania Mesothelioma Victim and His Wife
After several decades working as a boiler maker, Harry Chirdon was diagnosed with malignant mesothelioma. The Pennsylvania man and his wife, Rae, filed suit against the Foster Wheeler Corporation, asserting that during the time he worked for the company, they negligently and knowingly exposed him to asbestos. Last year, an Allegheny County jury agreed with the couple that the company was at fault for his illness and awarded them almost $4 million in compensatory and punitive damages.
Boiler Maker’s Mesothelioma Blamed on Foster Wheeler’s Negligence
After a week-long trial, the jury awarded the mesothelioma victim and his wife $2.3 million in compensatory damages plus an additional $1.5 million in punitive damages after hearing details of the ten weeks that he worked for Foster Wheeler. The company, which provides engineering services as well as manufacturing and servicing boilers throughout the United States and globally, called no expert witnesses to testify on its behalf. They simply denied that asbestos was present at the site where Mr. Chirdon had worked and blamed other companies that owned the site for any safety issues that may have been present.
While Foster Wheeler’s defense was limited, the mesothelioma victim and his wife presented evidence that the company had failed to adhere to rigorous safety requirements established by the Occupational Safety and Health Administration for handling asbestos. This lack of attention to regulations played a large part in the jury’s choosing to award the couple punitive damages in addition to compensatory damages.
Jury Hears of Mesothelioma Victim’s Medical Needs and Charitable Works
In addition to hearing testimony about the company’s negligence, the jury was told of the significant amount of medical intervention that Mr. Chirdon had endured in the face of his mesothelioma diagnosis, including a surgical resection of his left lung. They also heard of his many good works since having retired at the age of 76, including volunteering to drive children from Amish communities to the Children’s Hospital of Philadelphia for treatment.
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