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The Missouri Supreme Court recently upheld the original $11.5 million jury verdict won by Jeanette Poage after hearing an appeal by Crane Co.
Poage filed her lawsuit after her husband, James Poage, died of mesothelioma back in 2012. He was a machinist on the USS Haynsworth in the 1950’s, where he worked to maintain the valves, including replacing parts as needed. According to the original lawsuit, some of the parts handled by Mr. Poage contained asbestos. You can read more about the details of the case in our blog covering the previous appeal filed by Crane Co.
Crane Co. continued their attempts to appeal the initial court decision, but the Missouri Supreme Court upheld the original verdict.
“In the present case, Mr. Poage suffered more than mere economic damages,” the justices wrote in their decision. “Mesothelioma is a gruesome disease. Dr. Pantaleoni explained the effects it has on one's body: “[Y]ou can have your lungs compressed so you suffocate and die, it can choke off your stomach so that you starve to death or it can choke off your throat so you can't eat and you die.” Moreover, detecting the disease is very difficult. Dr. Arnold Brody testified that the duration of time between an individual's exposure to asbestos until symptoms of mesothelioma occurring usually spans “20 to 80 years,” but most cases involved a latency period of “30 to 50 years” or “40 to 50 years.” In Mr. Poage's case, he left the Navy in 1958, and he was not diagnosed with mesothelioma until September of 2011. The time between the inhalation of the asbestos dust and its manifestation of physical symptoms makes it much more difficult to detect the “harm.””
Crane Co. may file another appeal, but we are ready to stand by our client and fight until she receives the justice she deserves.
If you were diagnosed with mesothelioma, you may be able to file a lawsuit to secure the compensation you deserve. At Bailey Cowan Heckaman PLLC, our Houston mesothelioma attorneys are committed to fighting for the rights of injured victims and will provide you with the support you need in and out of the courtroom. Call us to speak with an attorney today, or send us the details of your case by filling out our online form and start out with a free case evaluation.
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