Seventy-one year-old mesothelioma sufferer, Marvin Penn, has been granted $16.25 million by a New York jury. With help from his asbestos attorney, Penn is the first plaintiff to successfully prosecute a dental tape manufacturer in an asbestos exposure claim.
Penn’s lawsuit was against Kerr Corp, whom he claimed manufactured asbestos-laden dental tape that released harmful asbestos fibers into the air when he used it to create dental casings. The lawyers representing Kerr argued that the tape did not release asbestos dust during use and even if it did, Kerr had no way of knowing that it would be harmful.
Fortunately for Penn, the jury found Kerr Corp 20 percent responsible for his mesothelioma. They found another dental supply company (Dentsply, who settled with Penn before the verdict) and Todd Shipyards (where Penn’s father was employed) each 20 percent responsible as well. The remaining 40 percent was attributed to Penn’s exposure to a spray-on asbestos coating used on the World Trade Center while he worked at the adjacent post office.
This was a very surprising verdict and award amount. Asbestos litigation has gotten very intricate and difficult to prosecute in some places—and on top of that, asbestos exposure through dental tape has till now been uncharted waters. This could open the doors for similar cases all around the country.
This case highlights why it’s important for individuals who suffer from mesothelioma cancer should contact an experienced mesothelioma attorney for professional insight.