New York City (PRWEB) June 21, 2012
An adverse California Supreme Court decision affecting the ability of plaintiffs to sue corporations that cause harm to them did not prevent Weitz & Luxenberg, P.C., from obtaining a substantial settlement this month on behalf of a client suffering from mesothelioma, a rare and debilitating cancer caused by the inhalation of asbestos fibers, the law firm announced.
The settlement was reached on the second day of trial after one of the two remaining defendants agreed to terms set forth by Weitz & Luxenberg, the firm said.
According to court documents, the client, who recently turned 66, was exposed to asbestos throughout the first half of a naval career that lasted over two decades. Experts from both sides of the litigation agreed that his asbestos exposure during this period lead to his diagnosis of malignant mesothelioma, according to the firm. In 2011, the cancer prompted the removal of his right lung and forced him to retire from his job as a software engineer.
Recently, his cancer returned and he now faces additional aggressive surgeries as part of a last ditch effort at survival, the firm said.
Daniel Wasserberg, one of Weitz & Luxenberg’s New York mesothelioma lawyers and one of the principal attorneys on the case, said the settlement did not come easily.
The lawsuit (BC 064474, Sup. Ct. CA) was in the discovery stage during late 2011 and early 2012 when California’s Supreme Court handed down a detrimental decision (O'Neil v. Crane Co., 53 Cal.4th 335) changing the laws about how workers can sue companies that used asbestos-containing replacement parts.
According to Wasserberg, the decision made certain legal aspects of proving the case tricky, but the team at Weitz & Luxenberg’s Los Angeles office, including Ari Friedman, Benno Ashrafi and trial attorney Brent Zadorozny, were nonetheless able to navigate the case to a successful settlement.
After the case had completely resolved, Wasserberg said, “Our client served his country honorably for over two decades. He is a hero for his commitment and his service to the United States of America. He is a completely honest person with genuine integrity who does not deserve this fate. Watching him fighting this aggressive cancer is very difficult. The outcome does not look good for him. But I am pleased to see him get this settlement, and I hope that it will help him and his family a great deal.”
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(at)weitzlux(dot)com and ask for a free legal consultation. More information: http://www.weitzlux.com