The verdict's in: Respirator fails to protect worker
A look at some of the legal decisions of interest to the insurance industry
Venue: Los Angeles County, Calif.
Defendants: Pfizer Inc., Indasco Inc., CBS Corp., Cabot Corp., Foster Wheeler LLC, General Electric Co., Los Angeles Rubber Co., American Optical Corp., Metropolitan Life Insurance Co.
William Tyler worked as a machinist at Foundry Service & Supplies, a machine shop located in Torrance, Calif., from 1972 to 1992. During that time, he was provided with an R2090 respirator that was manufactured by American Optical Corp. to protect him from asbestos dust while at work. In 2015, he was diagnosed with peritoneal mesothelioma as a result of exposure to asbestos fibers. The cancer occurs in the lining of the abdomen, and in Tyler's case was treated with six rounds of systemic chemotherapy and surgery that required filling his abdominal cavity with chemotherapy drugs that had been heated prior to insertion in his abdomen.
Tyler claimed that the respirator he used was defective and inadequate to protect against asbestos and filed suit against American Optical Corp., Cabot Corp., CBS Corp., Foster Wheeler, General Electric, Indasco, Los Angeles Rubber, Pfizer and Metropolitan Life Insurance Company. Several of the defendants were dismissed from the case or settled with the plaintiffs, so only American Optical and Los Angeles Rubber proceeded to trial. Before any evidence was presented, Los Angeles Rubber resolved the claims against it, so the trial continued solely with American Optical Corp.
Tyler sought to recover economic damages in the amount of $1.8 million, as well as damages for his past pain and suffering. His wife, Becky Tyler, sued for her loss of consortium and both parties sought recovery of punitive damages as well.
The Tylers’ counsel said he had relied on the work-provided respirator to protect him from inhaling asbestos fibers, but it had not done so due to an improper fit. Counsel claimed American Optical Corp. was aware that the respirators would not protect users, but continued to sell the defective respirators anyway. Labeling on the package also failed to warn end-users of any dangers in using the respirators in this manner. Tyler believed the insufficient protection from the defective respirator contributed substantially to the mesothelioma he subsequently developed.
The defense countered that the R2090N was never designed or sold to protect users against asbestos and any customers should have been aware of this fact based on existing information. They also argued that it was Tyler's work at Foundry Service & Supplies that caused him to be exposed to the asbestos fibers, especially since in the early 1970s the shop used disposable face masks manufactured by 3M Co. The defense said 3M should be held to the same level of accountability even though they were not named in the suit. Since Foundry did not provide protective clothing and Tyler had his respirator on improperly, the defense said Tyler had periods of asbestos exposure where he was unprotected.
Additional arguments were made that Tyler may not have even worn an American Optical respirator and if he did, then 3M, Foundry and the manufacturer of the asbestos products should also be party to the suit since all were wholly responsible. They also countered that it was Foundry's responsibility to provide a safe work environment for employees. However, neither Foundry nor 3M were named as defendants in this matter.
The decision
The jury verdict came back in favor of the plaintiffs, who were awarded $32.8 million:-
Becky Tyler — $6 million, personal injury for loss of consortium and $3 million personal injury for past loss of consortium.
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Louis Tyler — $4 million, personal injury for past pain and
suffering; $8 million in personal injury for future pain and suffering;
$1.8 million for personal injury/economic damages; and $10 million in
punitive damages.