Asbestos Victim Awarded Millions in Mesothelioma Decision

August 24, 2010

Berkeley Heights, NJ A woman who was diagnosed with asbestos mesothelioma after years of washing her husband's asbestos-laden work clothes will likely receive $7 million in asbestos compensation. Her husband is owed $500,000 with interest still accruing.



The original jury verdict for the plaintiff was upheld on August 20 after the appellate court considered the plight of Bonnie Anderson and the devastation asbestos has wreaked on her and her entire family. It is not known if the defendant will appeal the decision.



As summarized in the August 21 issue of Today's Sunbeam of New Jersey, Bonnie Anderson suffered stomach pains and swelling in 2001 and was diagnosed with malignant peritoneal mesothelioma. The Berkeley Heights "supermom" was reduced to staying home and receive care from her husband.



John Anderson worked at Linden Bayway, a refinery owned by Exxon, from 1969 to 2004. Court heard that for the first six years of his employ with the firm, Anderson was required to remove insulation for the repair of pumps and filters.



While the workers were required to attend safety meetings and were required to wear helmets, they were allegedly not provided with uniforms or respirators to protect their lungs from airborne asbestos fibers. Given the lack of uniforms, they were also required to work in their street clothes, which John wore home.



His wife Bonnie, who also worked at the refinery for about 10 years until 1986, looked after her husband's laundry and would note the amount of dust in his clothing and hair. She habitually shook his clothing out within the close confines of the laundry room. The act of doing so filled the room in which Bonnie was working with airborne asbestos fibers, a known carcinogen.



Ironically, even though Mr. Anderson was the one actively working in the asbestos-laden environment, it was his wife Bonnie who was diagnosed with asbestos mesothelioma from doing his laundry.



"John never knew what kind of insulation it was," the decision said. "He worked in his own street clothes, which Bonnie always laundered. Standing near the washing machine, she would shake out as much dust as possible. She often complained about the dust in his clothes and hair."



The initial trial resulted in a jury award of $100,000. The judge in that case ordered a second trial in order to give a jury the opportunity to reconsider the damage award. The second award came back with $7.5 million. Defendant Exxon appealed, arguing that the case should have been handled as a worker's compensation complaint and that the original trial judged slipped up by ordering a second trial. The appellate court rejected those arguments.



"Whatever the end result is, I hope I'm alive to see it," Anderson, 61, said following the court decision. "For me, it's not about the money, it's about the disease. I'd give anything to get my life back."