Results

Jason Rubin, assisted by Ian Kingsley prevailed in a claim alleging that plaintiff’s husband’s colon cancer death was due to exposure to asbestos released from our client’s product. Plaintiff was a widow in her early sixties who lost her husband at age fifty-nine (59) due to colon cancer. The plaintiff was married to her husband for nearly forty years and alleged economic damages of approximately $900,000. Plaintiff offered sympathetic damages testimony about her husband’s last year of life and extensive pain and suffering. Mr. Rubin defended the claim arguing that the evidence that asbestos exposure causes colon cancer is not sufficient to be a factual cause of plaintiff’s disease and subsequent death. Plaintiff’s medical liability expert was an occupational medicine expert with over forty years of expertise regarding asbestos. Mr. Rubin attacked plaintiff’s expert as a hired gun and argued that his opinion that asbestos is a medical cause of colon cancer was not the most modern science. Mr. Rubin called a gastroenterologist and pulmonologist who supported the defense claim. The jury found plaintiff did not prove her case that her husband’s colon cancer was caused by exposure to asbestos and found in favor of our client.