Jury Agrees Plaintiff Does Not Have Asbestosis
Obtained a defense verdict after a two-week jury trial. The 64-year-old plaintiff contended that he developed asbestosis, which required him to use oxygen 24 hours a day, as a result of working with welding rods while working as a welder throughout his career. The defense presented evidence that welding rods do not release free respirable asbestos fibers and that working with welding rods does not expose the welder to asbestos. Additionally, the defense contended that the plaintiff did not have asbestosis because all of the plaintiff’s treating physicians diagnosed him with idiopathic pulmonary fibrosis. The only physicians who diagnosed asbestosis were the plaintiff’s experts. After two hours of deliberations, the jury returned a defense verdict and found the plaintiff did not have asbestosis.