Weitz & Luxenberg Helps Navy Vet Secure Substantial Settlement in Trial against Asbestos Manufacturers

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John McDonald, a former Navy fireman and boiler tender, was diagnosed with lung cancer more than a decade ago. Weitz & Luxenberg, whose trial team was led by Dan Kraft, reached agreements with each of several major corporations alleged to have contributed to McDonald’s exposure to asbestos.

When someone like Mr. McDonald has been exposed to asbestos, it means that multiple corporations made conscious decisions to compromise his safety. This case shows that those decisions will not go unpunished.

Mass tort and personal injury litigation firm Weitz & Luxenberg, P.C., today announced the successful settlement of the asbestos case of John McDonald, 67, the firm’s client and a 12-year lung cancer survivor.

Dan Kraft and Phan Alvarado, attorneys in Weitz & Luxenberg’s asbestos unit, tried the case in front of the Hon. Judge Martin Shulman (#120394-01, Sup. Ct. NY). The lung cancer settlement was for an undisclosed amount, said by the firm to be “substantial.”

McDonald, who served in the Navy aboard the USS Talbot County, worked for years around products – gaskets, valves, turbines – coated in asbestos, a mineral insulator linked to various deadly forms of cancer. Weitz & Luxenberg filed a claim against multiple asbestos manufacturers on behalf of Mr. McDonald, alleging that his Navy asbestos exposure contributed to his disease.

By the start of trial, some defendants had settled their cases. After Kraft and the Weitz & Luxenberg trial team put McDonald and his wife on the stand, however, the remaining defendants also agreed to settle.

The favorable settlements were more impressive, according to Kraft, given that McDonald has smoked the majority of his life.

“This case should bring hope to everyone harmed by these asbestos corporations. A common tactic for these manufacturers is to use people’s smoking history against them,” explained Kraft, “The argument is that the smoking history muddles the medical link between asbestos and cancer.”

“But when someone like Mr. McDonald has been exposed to asbestos, it means that multiple corporations made conscious decisions to compromise his safety. This case shows that those decisions will not go unpunished, and that people like our client can get justice. Because of Mr. McDonald’s health, this is a somber day, but I am happy that Weitz & Luxenberg was able to help him in some small way.”

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 20 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: http://www.weitzlux.com

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Dave Kufeld
Weitz & Luxenberg P.C.
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