On March 18, the families of three construction workers were awarded a combined $12.5 million in damages after four months of trial. The claimants – Harry Brown, Patrick McCloskey, and Carl Terry – were all diagnosed with mesothelioma and had actually filed three separate suits, but the similarity of the claims enabled them to be consolidated, saving considerable time.

Although the trial began with 30 defendants, only four remained at the time of the verdict: Consolidated Edison Co., for which Harry Brown was an insulator in the ’50s and ’60s; Mario & DiBono Plastering Co., which was responsible for exposing Patrick McCloskey to asbestos through fireproofing spray; and Eaton Corp. and Cutler Hammer Inc., which both manufactured asbestos-containing electrical components that Carl Terry came into contact with while employed as an electrician.

The trial was bogged down by the multitude of opening statements and the complexity of the cases. For example, McCloskey was exposed to the asbestos while working on the original World Trade Center, and because of the job site, thousands of pages of records and depositions were needed.

Providing ample evidence is important when it comes to determining liability. The jury found Consolidated Edison Co. 30% liable, and Brown’s estate was awarded $3.5 million; Mario & DiBono was found to be 25% liable, and McCloskey’s estate was given $6 million; and Terry’s estate received $3 million after Eaton Corp. and Cutler Hammer Inc. were determined to be 15% liable.

Each year, approximately 3,000 mesothelioma diagnoses are made, despite the fact that asbestos – which is the primary cause of mesothelioma – has been banned since the ’70s. The disease has a lengthy latency period, so it isn’t uncommon for the asbestos exposure to have occurred a half-century prior to the onset of symptoms, as in the case of Harry Brown.