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$26.6M Verdict Stands in Mesothelioma Battle against Copeland

mesothelioma diagnosis

In a riveting decision that has sent shockwaves through legal circles, a California appeals court has upheld a staggering $26.6 million verdict in a lawsuit alleging that asbestos-laden compressors manufactured by Copeland Corp. LLC triggered a devastating case of mesothelioma in an HVAC technician, William Phipps. Mesothelioma is an insidious disease with long latency after asbestos exposure.

The court, in an opinion unveiled on Tuesday, stood firm in its affirmation of the jury’s determination that Copeland bore a significant 60% responsibility for Phipps’ harrowing ordeal.

Phipps, diagnosed with mesothelioma back in 2018, unleashed a legal battle asserting that Copeland, alongside 22 other entities, callously neglected to forewarn him of the perils lurking within the machinery he toiled on, resulting in him inhaling lethal asbestos fibers that eventually claimed his health and vitality.

Only four defendants, including Copeland, braved the courtroom trenches, with the others opting for settlements prior to the jury’s profound deliberation. The jury, in a resounding declaration, decreed an economic damages award of $1.37 million, a sum unchallenged by the involved parties.

Yet, the true gravity of the verdict lay in its hefty noneconomic ramifications — a staggering $5 million for past sufferings and a monumental $20 million for future agonies, alongside a compassionate $250,000 allocation for his wife’s deprivation of companionship.

Copeland, however, refused to capitulate, wielding the sword of appeal, contending that the trial’s evidentiary fabric failed to sufficiently incriminate them. Yet, the appeals court, unyielding in its stance, contended that the evidence presented a damning narrative — one where Copeland’s compressors stood as primary vectors of peril, laden with more gaskets than their counterparts, relentlessly exposing Phipps to the lethal tendrils of asbestos.

Moreover, the court unveiled a damning indictment of Copeland’s corporate ethos, alleging a callous disregard for worker welfare, highlighted by their failure to furnish adequate warnings despite internal knowledge of asbestos dangers, a revelation that resonated deeply within the courtroom’s hushed confines.

Despite Copeland’s fervent plea for a new trial, anchored in claims of excessive damages, the court summarily dismissed their entreaties, underscoring the unique circumstances of Phipps’ suffering, juxtaposed against verdicts plucked from unrelated cases.

In a poignant denouement, Joshua Paul, representing the late Phipps, expressed a poignant mixture of triumph and sorrow, underscoring the futility of mere financial recompense in the face of profound human suffering. Phipps, prior to his passing, found solace in the verdict, a semblance of validation for his agonizing journey.

As the legal saga unfolds, with Copeland’s fate sealed by the unyielding hand of justice, echoes of Phipps’ struggle reverberate, etching an indelible mark in California’s legal annals, a beacon of hope for workers and families grappling with the specter of corporate negligence.

  1. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3307510/
Johnathan Edwards

Reading Time: 1 mins

Published On: May 19, 2021

Johnathan Edwards - author

Johnathan Edwards Is a husband, father, veteran and medical writer, from the state of California. After serving 9 years in the U.S Army Medical Department, John cultivated his passion for serving his country and helping people. He often volunteers with helping to rehabilitate veterans of all ages. After John’s father was diagnosed with Mesothelioma, he began to research, write and fight for ways to help other victims of asbestos exposure.

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