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Asbestos Victim Awarded Damages

Mesothelioma lawyers representing a victim of asbestos exposure and his wife were pleased to aid their clients last week in receiving a jury award of more than $4.5 million. The victory is bittersweet, however, as the terminal disease is likely to claim the victims life in the near future.

John Koeberle and his wife have been married for 57 years. He worked in maintenance for the Navy from 1948 until 1957, during which time he was repeatedly exposed to asbestos while scraping away old gaskets on diesel engines, valves and pumps. He was diagnosed with malignant plural mesothelioma, a terminal disease with no cure, in April 2009.

In the two-part trial, Koeberles attorneys first had to prove that his mesothelioma was caused by asbestos exposure. Since his doctors recommended against taking hard tissue samples, the usual method, he had to prove he had mesothelioma with cytological studies of fluids taken from his chest cavity.

Mr. Koeberle also testified about his duties while in the Navy, which he described as "very dusty" with asbestos material he used to cut into gaskets. He also recalled the name of the defendant, John Crane Inc., as a manufacturer of the material based on his recollection of the name on the boxes he used while working.

After determining that exposure to asbestos contributed to his mesothelioma, a jury awarded Mr. Koeberle $3 million for his damages, and awarded his wife $1.5 million for loss of consortium.

Tragically, Mr. Koeberle was too weak from his disease to be present when the final decision was announced on June 10.