By Breaking Legal News, Breaking Legal News.

A Philadelphia court has awarded more than $4.5 million to a mesothelioma plaintiff and his wife of 57 years. Few mesothelioma plaintiffs live long enough to hear a final verdict in their cases, making the outcome of this reverse bifurcated trial especially significant.

Waters & Kraus, LLP, and the Shein Law Center, LTD, served as plaintiff’s counsel for former U.S. Navy engineman John Koeberle. The plaintiff was diagnosed with malignant pleural mesothelioma in April 2009. Under the reverse bifurcated system, Phase I requires a jury to first determine whether the plaintiff’s illness was caused by asbestos exposure. Neither the names of the manufacturers nor a suggested dollar amount for damages may be mentioned to the jury during this phase. According to Waters & Kraus attorney Demetrios Zacharopoulos, the team’s first order of business was to support the diagnosis of mesothelioma. Typically, the diagnosis is based on hard tissue samples, but Mr. Koeberle’s doctors advised that the physical risks associated with obtaining tissue samples from his lung were not in the plaintiff’s best interest. As a result, the diagnosis was made based on cytological examinations of fluids taken from Mr. Koeberle’s chest cavity — a diagnosis which was made by Mr. Koeberle’s treating physician and confirmed by Plaintiff’s medical expert Gordon Yu, M.D.

According to Mr. Koeberle’s testimony, his Naval duties from 1948 to 1957 included maintenance work on diesel engines, valves, and pumps requiring the replacement of asbestos-containing gasket and packing materials. Frequently, the removal of these materials involved scraping and wire-brushing, which generated conditions he described as “very dusty.” In addition, the process of inserting new gaskets and packing often involved cutting sheet material to fabricate a custom fit.

After a nine-day trial, the jury concluded that Mr. Koeberle’s exposure to asbestos was indeed a contributing cause of his mesothelioma. Mr. Koeberle was awarded $3 million under the Survival Act, and Mrs. Koeberle was awarded $1.5 million for loss of consortium, or deprivation of the benefits of a family relationship due to illness or injury.

The Phase II liability proceeding was a bench trial in which the court found John Crane Inc., the lone remaining defendant of seven original manufacturers in the case, liable for Mr. Koeberle’s illness under Section 402A’s strict liability rule. The plaintiff recalled seeing the name of the defendant and manufacturer, John Crane Inc., on the boxes he used while maintaining and repairing equipment for the Navy.

The judge ruled that Mr. Koeberle’s exposure to John Crane asbestos-containing gaskets and packing was a factual cause in the development of Mr. Koeberle’s mesothelioma. As a result, John Crane is liable for one-seventh of the amount of damages rendered by the Jury in Phase I.

Although Mr. Koeberle was too ill to be in the courtroom when the final decision was announced on June 3, WK attorney Demetrios Zacharopoulos said the plaintiff and his family are both pleased and relieved.

“These cases are never easy,” explained Mr. Zacharopoulos. “As with all of our cases, we pushed to expedite proceedings — and in this instance, Mr. Koeberle and his family were able to witness justice being rendered and having John Crane held accountable for its actions. They’re very pleased with the result, and they’re relieved that they can now move on and experience some closure.”

About Waters & Kraus, LLP
Waters & Kraus, LLP, is a plaintiffs’ firm concentrating on complex product liability and personal injury/wrongful death cases. The firm’s diverse practice includes toxic tort (asbestos and mesothelioma) litigation, pharmaceutical product liability, negligence, and consumer product liability, as well as qui tam (whistle-blower), and commercial litigation. With offices in Maryland, Texas, California, and Waters & Kraus has litigated cases in jurisdictions across the United States on behalf of individuals from all 50 states, as well as foreign governments.

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.

By Breaking Legal News, Breaking Legal News.

Emma Mejias died a horrible and painful death, on her very first Christmas Eve in 2004, at the hands of 25 doctors and nurses, another victim of medical malpractice. All 25 of them systematically and willfully ordered and administered the wrong drugs for her life-threatening condition called SLOS (Smith Lemli Opitz Syndrome). SLOS is a congenital abnormality, which requires treatment strategies on supplying supplemental cholesterol.

Emma was given the Wrong Drug, Questran, not once, but 92 times – yes, 92 times in one month. All of the doctors and nurses knew better. They were trained to know better. They were some of the world’s leading authorities at the LSU Health Sciences Center in New Orleans. And her doctors had the unmitigated gall to blame Emma’s death on the new resident doctors, rather than take responsibility themselves. Emma remained hospitalized at various hospitals from the date she was born to the day she died, because of the outrageous medical malpractice perpetrated on her by 25 so-called health care professionals, none of whom cared enough to give her the potentially life-saving medical treatment she desperately needed. She suffered enormous physical pain and suffering prior to her death. Today, for the very first time ever on TV, The Insider Exclusive will visit with both Jason and Adrienne Mejais and their lawyer John Hammons, Partner at Nelson & Hammons, who for 30 years has been standing up for people like Emma, a little innocent baby, who never had the chance to stand up for herself.

John Hammons is one of Louisiana’s leading medical malpractice and nursing home negligence lawyers, and is often called upon by individuals as well as by other lawyers to assist them in the most difficult of cases. He has served on the Governor’s Commission on Medical Malpractice, which provided him with significant insight in this area of developing law. John was also among the first lawyers in Louisiana emphasizing the handling of medical malpractice cases three decades ago. He has been at the forefront of precedent-setting cases, and is often invited to speak before legal and medical groups. John holds an undergraduate degree from Northeast Louisiana University and a law degree from Louisiana State University.

Nelson & Hammons has championed the rights of victims of medical malpractice since 1980, having successfully represented hundreds of such patients or their families. With its office in Shreveport, Nelson & Hammons remains committed to quality medical care for its clients and their families as well as obtaining just compensation for those patients who have been seriously injured as a result of substandard medical care. With two attorneys specializing in the handling of medical malpractice, nursing home negligence and related matters, Nelson & Hammons is uniquely positioned to effectively and thoroughly investigate and prosecute such cases.

You can contact John Hammons at 318-227-2401, or www.nelsonhammonslaw.com

Originally posted at Breaking Legal News. Please visit http://www.breakinglegalnews.com/.