Weitz & Luxenberg - Union Insulator Receives Substantial Settlement in Cancer Lawsuit

Online, June 7, 2013 (Newswire.com) - Mass tort and personal injury litigation law firm Weitz & Luxenberg, P.C., today announced a settlement in the case of James McCormick, an 80-year-old former asbestos insulation worker from Syracuse, NY.

McCormick worked as a member of the Asbestos Workers Union in Syracuse for years, tasked with installing insulation at worksites throughout upstate New York. In approximately 1968, McCormick's doctor advised him that he was at increased risk of developing lung cancer in part because of his exposure to asbestos.

Decades later, McCormick was diagnosed with asbestos-related lung cancer.

After his diagnosis in 2011, McCormick filed a lawsuit against several major equipment manufacturers whose products were insulated with asbestos. Last month, his claim against more than 20 corporations associated with the creation and distribution of asbestos-containing products ended.

As a panel of potential jurors was being led into the courtroom, lawyers from the final two remaining defendant corporations agreed to pay McCormick what Weitz & Luxenberg attorneys Ben Darche and Michael Fanelli called a "substantial" amount.

Darche and Fanelli, trial attorneys in Weitz & Luxenberg's asbestos unit, said the lawsuit was a legal success in terms of the amount of the settlement, but was nevertheless tragic.

Said Darche, "We are pleased we were able to help Mr. McCormick receive some measure of justice in his current fight, but we realize no monetary payment can compensate him for the injury he has suffered. James has an aggressive cancer that has now spread to his brain, and no amount of money will be able to cure him.

"It is our hope, though, that this legal result, in addition to alleviating the financial burden and some of the medical expenses associated with asbestos cancer treatment on the McCormicks, will stand as a message to corporations that putting asbestos into our workplaces will not go unnoticed."

Fanelli echoed that sentiment and said he hoped cases like McCormick's would stir up activism for asbestos awareness. "What makes it so difficult," Fanelli said, "is that asbestos cancers are entirely preventable. With more stringent regulations on asbestos and more concern on the part of corporations, his disease could have been avoided."

Asbestos is a naturally-occurring mineral that was heavily used throughout the 20th Century and, despite heavy regulation, continues to be used today.

A cost-efficient insulator, asbestos insulation was used extensively in construction and manufacturing industries. Many patients suffering from asbestos-related cancers worked as insulators, electricians, or in boiler rooms, and exposure was common among Navy veterans serving aboard warships.

McCormick served aboard the USS Forrestal from 1955-1957.

McCormick's lawsuit was filed in New York Supreme Court in Onondaga County (Index No. 2011-3706) and presided over by the Honorable Charles C. Merrell, the asbestos Judge in New York State's 5th Judicial District.

About Weitz & Luxenberg
Founded in 1986 by attorneys Perry Weitz and Arthur Luxenberg, Weitz & Luxenberg, P.C., today ranks among the nation's leading law firms. Weitz & Luxenberg's numerous litigation areas include: mesothelioma, defective medicine and devices, environmental pollutants, accidents, personal injury, and medical malpractice. Victims of accidents are invited to rely on Weitz & Luxenberg's more than 25 years of handling such cases - begin by contacting the firm's Client Relations department at 1-800-476-6070 or at clientrelations@weitzlux.com and ask for a free legal consultation. More information: www.weitzlux.com