$16.5 Million Settlement Won by Asbestos Mesothelioma Victim

August 12, 2008

Marvin Penn, 71, diagnosed with the asbestos-related cancer mesothelioma, and his wife Josephine Penn were recently awarded a $16.5 million settlement in their lawsuit against Kerr Corp, the sole defendent in the trial.

The jury attributed 20 percent of the liability to Kerr Corp, a dental supply company, and 20 percent of liability to another dental supply manufacturer, Dentsply Corp, f/k/a Randsom & Randolf, which settled before the verdict.

The case, which clears a new path to justice in asbestos litigation, is believed to be the first successful asbestos verdict against that type of defendant.

Marvin Penn was a mail carrier from 1963 to 1999, though, in considering a career change, attended dental technician school in the late 1960s. It was there that he was exposed to asbestos while making castings by carving wax replicas of teeth using asbestos-containing dental tape.

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