Mesothelioma Verdicts
ELSM Has Secured Multi-Million Dollar Mesothelioma Verdicts for Patients and Their Families.
A mesothelioma verdict is a decision made by a judge or jury at the end of a trial if a case does not settle out of court. While jury verdicts often result in higher compensation than settlements, they are less common, typically take longer to resolve, and carry more risk.
For over 40 years, ELSM has helped secure financial compensation for medical expenses, lost wages, and the emotional impact of an asbestos-related diagnosis. A portion of this compensation has been obtained through significant jury verdicts in mesothelioma lawsuits.
Mesothelioma Verdicts At a Glance
- Mesothelioma verdicts are awarded after a full trial by a judge or jury.
- Taking a case to trial usually takes longer than negotiating settlements out of court.
- Pursuing a verdict involves more risk but may result in higher compensation.
- Verdicts are part of the public record and are not confidential.
For some mesothelioma victims, taking a case to trial can result in higher compensation than a settlement. However, a jury trial carries greater uncertainty and takes longer than settling a claim out of court. Reviewing case history and consulting with an experienced mesothelioma attorney can help determine the most effective path forward for obtaining financial recovery.
Why Go to Trial to Obtain a Verdict?
While most mesothelioma cases are resolved through negotiated settlements, there are some situations where going to trial may be the more favorable option. For example, an attorney may recommend going to trial if a fair settlement cannot be reached or if the parties disagree on key facts or liability. Pursuing a jury verdict can lead to higher compensation, particularly when evidence of wrongdoing is strong.
However, trials can take longer and involve more uncertainty and risk compared to negotiated mesothelioma settlements. An experienced mesothelioma attorney can help you weigh your options and determine whether going to trial is in your best interest to resolve your claim.
How a Mesothelioma Trial Works
If a mesothelioma lawsuit goes to trial, your legal team will guide you through every step of the mesothelioma trial process. Their goal is to minimize disruption to you so you can focus on your health and family. While every case is unique, most mesothelioma trials follow a similar process:
- Trial preparation: Before the trial begins, your attorneys gather evidence, consult experts, and build a strong case showing how asbestos exposure caused your illness.
- Jury selection: Attorneys for both sides select a fair and impartial jury to hear the case.
- Opening statements: Each side outlines its case and explains what they intend to prove during the trial.
- Presentation of evidence: Your legal team presents evidence such as medical records, work history, and expert testimony to support your claim. The defense presents its side as well.
- Closing arguments: Attorneys summarize the evidence and explain why the jury should rule in their client’s favor.
- Deliberation and verdict: The jury (or judge, in some cases) reviews the evidence and reaches a decision. If the verdict is in your favor, the court awards compensation.
Understandably, the idea of going through a mesothelioma trial may feel overwhelming. Rest assured that your dedicated legal team will guide and support you throughout the entire process. They will manage the legal details and advocate on your behalf, ensuring you are informed, prepared, and positioned to achieve the best possible outcome.
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Factors Influencing Mesothelioma Verdict Amounts
Several key factors can influence the amount awarded in a mesothelioma verdict. Each case is unique, and the final compensation depends on the specific circumstances, evidence presented, and the strength of the legal arguments made at trial. Some factors considered in determining the final award amount, include:
- Extensive Medical Expenses: The high cost of mesothelioma treatment, including specialized surgeries, chemotherapy, and participation in clinical trials.
- Lost Income and Financial Support: The loss of income and financial support families depend on, both now and in the future.
- Evidence of Corporate Negligence: Proof showing what the company knew about asbestos risks and how it failed to act to protect workers and the public.
- Jurisdiction and Venue: Where the case is filed can significantly impact the outcome, as laws, procedural rules, and jury tendencies vary by state and court.
An experienced mesothelioma attorney understands how these factors affect a case and works to build a strong, well-documented claim. The goal is to maximize the compensation you and your family may receive by pursuing the most effective legal strategy supported by compelling evidence.
Recent ELSM Mesothelioma Verdicts
The jury awards we have received for our clients are among the highest in the country. While ELSM focuses primarily on obtaining collectible settlements for our clients, the firm, working in collaboration with co-counsel partners, has obtained the following verdicts for our clients in nationwide mesothelioma trials:
| Verdict | Case Summary |
|---|---|
| $1.5 billion | A Maryland jury awarded a verdict exceeding $1.5 billion to a woman who was diagnosed with peritoneal mesothelioma after decades of using Johnson & Johnson talc-based products. The award included $59.84 million in compensatory damages and $1 billion in punitive damages against Johnson & Johnson (J&J) and $500 million against Pecos River Talk, a J&J subsidiary. Co-counsel: Dean Omar Branham Shirley |
| $966 Million | A California jury awarded a combined verdict of $966 million to a woman who was diagnosed with mesothelioma after years of using Johnson & Johnson talcum powder products. The award included $16 million in compensatory damages and $950 million in punitive damages. Co-counsel: Dean Omar Branham Shirley |
| $82 Million | A 67-year-old Washington state man’s wife was awarded $82 million dollars on behalf of her deceased husband who was diagnosed with mesothelioma. He was a frequent user of brakes and gaskets and other auto products from a popular auto parts maker. Co-counsel: Dean Omar Branham Shirley |
| $65.5 Million | A Minnesota jury awarded $65.5 million to a 37-year-old mother diagnosed with peritoneal mesothelioma. Her exposure to asbestos-contaminated Johnson & Johnson baby powder began in childhood. Co-counsel: Dean Omar Branham Shirley |
| $52.1 Million | A California jury awarded a combined $52.1 million verdict to a woman who developed mesothelioma after years of using Avon cosmetics containing asbestos-contaminated talc. She also suffered from secondhand asbestos exposure through laundering her husband’s asbestos-laden work clothes. Co-counsel: Dean Omar Branham Shirley |
| $32 Million | A Los Angeles, CA jury awarded $32 million to the family of a woman who died in 2024 from pleural mesothelioma. She used Johnson & Johnson’s talc-based baby powder for decades beginning in the 1970’s on both herself and her children. Co-counsel: Dean Omar Branham Shirley |
| $27.4 Million | A Los Angeles, CA jury awarded $27.4 million to a man diagnosed with mesothelioma after decades of using Johnson & Johnson’s talc powder. The jury found the product was contaminated with asbestos and that the company acted with conscious disregard for consumer safety. Co-counsel: Weitz & Luxenberg |
| $27 Million | Punitive damages in the amount of $27 million dollars were awarded to a 74-year-old South Carolina man who was diagnosed with mesothelioma after years of working with asbestos containing gaskets and packing in valves. Co-counsel: Simon Greenstone Panatier |
| $26.5 Million | A Milwaukee jury awarded $6,545,000 in compensatory damages and $20,000,000 in punitive damages in a mesothelioma case involving a steamfitter exposed to asbestos at Pabst Brewing Company. The jury assessed 22% of the liability to Pabst. Co-counsel: Dean Omar Branham Shirley |
| $25 Million | A Connecticut jury awarded a verdict of $15 million (plus $10 million in punitive damages) to a man diagnosed with mesothelioma after using Johnson & Johnson baby powder. Co-counsel: Dean Omar Branham Shirley |
| $22.5 Million | A Connecticut jury awarded a verdict of $15 million (plus $7.5 million in punitive damages) to the estate of a man who was diagnosed with mesothelioma after being exposed to asbestos-contaminated talc while working as a process engineer at a GE Plastics facility in Massachusetts.
Co-counsel: Dean Omar Branham Shirley |
| $20 Million | A Bridgeport, Connecticut jury returned a verdict for $20 million in compensatory damages to the wife of a man diagnosed with mesothelioma. Her late husband was exposed to asbestos in the 1960s while working with asbestos-containing DAP “33” window glazing. Co-counsel: Waters Kraus Paul & Siegel |
| $8 Million | A Boston jury awarded a Massachusetts woman $8 million after determining talc products she had used contained asbestos and contributed to her mesothelioma diagnosis. Co-counsel: Dean Omar Branham Shirley |
| $6 Million | A $6 million-dollar verdict was obtained for an Oklahoma man diagnosed with malignant mesothelioma. He was exposed to asbestos while working as a laborer and contractor at homebuilding sites and while doing brake and clutch repair as an auto mechanic. Co-counsel: Dean Omar Branham Shirley |
FAQ's
What Is the Difference Between a Mesothelioma Settlement and a Trial Verdict?
A mesothelioma settlement and a trial verdict are two different ways of resolving a legal claim, and each can significantly impact the amount and timing of compensation.
A settlement occurs when the parties reach an agreement before the case goes to trial. In most mesothelioma cases, settlements are negotiated outside the courtroom, allowing families to receive compensation more quickly and with greater certainty. While settlement amounts can be substantial, they are often lower than what might be awarded at trial because they avoid the risks and unpredictability of a jury decision. Settlements also typically remain confidential, helping families avoid public disclosure of personal and financial information.
A trial verdict, on the other hand, is decided by a judge or jury after the case is fully presented in court. Trials can result in substantially higher compensation, particularly in cases where there is strong evidence of negligence or misconduct. However, they also involve more time, greater legal complexity, and the possibility of appeals, which can delay payment.
Ultimately, the decision to pursue a settlement or take a case to trial depends on the specific circumstances of the case, the strength of the evidence, and the legal strategy developed by your attorney.
An experienced mesothelioma attorney will evaluate the specifics of the case and advise clients on the best path forward to maximize potential compensation.
Are Mesothelioma Verdicts Taxable?
Mesothelioma trial verdicts are generally not taxable. For example, the compensatory damages component of a mesothelioma verdict is not considered taxable. An award for compensatory damages is intended to compensate mesothelioma victims for their injury. This includes medical expenses, pain and suffering, lost wages and damages awarded for wrongful death. Taxable components of a trial verdict include punitive damages, Pre and Post judgement interest and prior medical deductions.
Is There an Advantage to Going to Trial Versus Settling Out of Court?
Whether it is better to go to trial or settle out of court depends on the specific circumstances of the case, but each option offers distinct advantages.
Going to trial may result in higher compensation, particularly in cases where there is strong evidence of negligence or misconduct. Juries can award significant damages, including compensation for pain and suffering and, in some cases, punitive damages intended to hold companies accountable. However, trials can be time-consuming, involve greater uncertainty, and may lead to appeals that delay payment.
By contrast, a settlement offers greater predictability and typically allows families to receive compensation more quickly. Settlements also avoid the risks of a jury decision and usually remain confidential, helping protect personal and financial privacy.
Ultimately, there is no one-size-fits-all answer. An experienced mesothelioma attorney will evaluate the strength of the evidence, the potential value of the claim, and the client’s priorities to determine whether pursuing a settlement or taking the case to trial is the most effective strategy.
Request a Free Case Evaluation
Request a free case evaluation now if you or someone you love has been diagnosed with mesothelioma. The evaluation will cost you nothing. Our lawyers will travel to visit you at your convenience or conference call with you over the phone. We understand how difficult a time this is for you and will assist in any way that we can. You can also call us toll-free at 800-336-0086 at any time.
Attorney Meisenkothen is a member of several professional organizations, including the Connecticut Trial Lawyers Association, the American Association for Justice, the American Bar Association, and the Connecticut Bar Association.
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