Facts

In 2011, Melvin Desin was diagnosed with mesothelioma from asbestos exposure.

Desin previously served in the U.S. Coast Guard and worked as an electrician at several residential and commercial sites in San Francisco since 1953. In 1997, he retired from the electrician trade before being diagnosed with the cancer.

Desin sued several manufacturers and over 40 other industrial and commercial entities. He reached confidential settlements with most of the defendants excluding Kaiser Gypsum Co. Inc., a manufacturer of asbestos-containing joint compounds, Union Carbide Corp., a supplier of asbestos fiber to joint compound manufacturers and several other defendants and thus proceeded to trial against Kaiser Gypsum.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Defendants defectively designed its asbestos-containing products. Plaintiff also contended that Defendants failed to warn of the defects in its products.

DEFENDANT'S CONTENTIONS:
Kaiser Gypsum contended that the exposure to asbestos-containing joint compounds was not large enough in dose to cause Plaintiff's mesothelioma. It further contended that exposure to the type of asbestos used in its joint compounds, chrysotile asbestos, did not cause mesothelioma.

Damages

Desin sought recovery of $260,939 in damages for medical costs, and an unspecified amount for pain and suffering. Desin also sought punitive damages.

Injuries

Desin was diagnosed with mesothelioma and has had to deal with severe respiratory illness. At the time of trial, his life expectancy was claimed to be less than one year.

Result

Following Desin's case-in-chief, Union Carbide settled with Desin. The matter continued against Kaiser Gypsum only. The jury ultimately found in Desin's favor and determined that Kaiser Gypsum was 5 percent liable for Desin's injuries and that the U.S. Coast Guard was 43 percent liable, with the rest divided among other defendants. Desin was subsequently awarded more than $7.2 million in damages. The jury also found that Kaiser Gypsum acted with oppression and/or malice and awarded Desin $6 million in punitive damages.

Deliberation

three days

Length

10 weeks