A mesothelioma patient and former United States Navy machinist won $12.1 million in damages after filing a lawsuit against a manufacturer and supplier of an asbestos-contaminated product.
Charles H. Cundiff, 66, was awarded $10 million May 6, 2009 by a Los Angeles County jury for pain and suffering and $506,000 in economic damages for lost wages. Cundiff’s wife received $1.5 million for loss of consortium.
Following five days of deliberation, the jury ruled that manufacturer John Crane, Inc. and supplier Lone Star Industries failed to warn Cundiff of the health risks associated with asbestos-contaminated insulating cement known as Insulag. The cement was delivered to Puget Sound Naval Shipyard where Cundiff worked for nine months on the USS Kitty Hawk during a four-year tour of duty from 1962 through 1966.
During a nine-month overhaul on the vessel at the shipyard, Cunditt cleaned, repaired and replaced valves, gaskets, pumps and packings and used Insulag cement in two engine rooms. While working aboard the USS Kitty Hawk, Cunditt was exposed to large amounts of asbestos dust and wore no protective equipment to prevent inhalation or ingestion of toxic asbestos fibers.
Cundiff, a retired truck driver, was diagnosed with malignant mesothelioma as a result of his exposure to asbestos. Mesothelioma is a rare, aggressive cancer that affects the lining of many body organs and cavities, known as the mesothelium. The cancer develops after asbestos fibers are inhaled or ingested into the body where they can become lodged in organs, causing inflammation or infection. Symptoms of the disease typically lay dormant for decades after initial asbestos exposure occurred, allowing the cancer to progress to later stages of development.
A partner of the law firm representing Cundiff noted, “Charles Cundiff’s integrity won the day. His courage and tenacity give hope to other Navy families facing the deadly course of mesothelioma due to asbestos exposure.”
Additional information about mesothelioma and asbestos litigation may be found through the Mesothelioma Cancer Center.
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