Mr. Robert Whalen, a former U.S. Navy machinist mate and nuclear inspector, and his wife, Mrs. Linda Whalen, were awarded $70,861,113 by an Alameda County jury in a personal injury case involving asbestos exposure and Mr. Whalen’s development of mesothelioma, an asbestos-related type of cancer. In addition to the $861,113 the Whalens will get for economic damages, $40 million more will go toward non-economic damages for Mr. Whalen, and Mrs. Whalen will receive another $30 million for loss of consortium damages.
The plaintiffs presented compelling evidence showing that defendant John Crane Co., a manufacturer of packing and gaskets, was aware of the hazardous nature of asbestos prior to the 1970s but did nothing to protect those who came into contact with its toxic products. Crane supplied its products to the U.S. Navy, which was how Mr. Whalen was exposed to the harmful material.
According to the plaintiffs’ attorney, Ms. Jennifer Alesio, the defense did a poor job of defending itself against the claim of negligence. “[Crane’s] defense relied heavily on misleading studies, funded by the asbestos industry, designed to artificially create doubt where none exists,” she said.
The jury’s decision in favor of Mr. Whalen took only a single day of deliberation. After six weeks of trial, Crane was found 3% liable for the plaintiff’s injury.
“It is my sincere hope that Mr. Whalen and Mrs. Whalen will be comforted during his remaining time on this earth, knowing that the jury was able to make their way to the truth and hold Crane accountable for their contribution in causing his terrible disease,” Ms. Alesio said.
Mesothelioma, which is primarily caused by asbestos exposure and is preventable, has a five-year survival rate of approximately 10%. Mr. Whalen was diagnosed with the disease in December 2013.