Mesothelioma Compensation Verdict of $22 Million Awarded to Former Brooklyn Navy Yard Electrician and Navy and Merchant Mariner

 

 HACKENSACK, New Jersey, February 26, 2008 - The wife and three daughters of Mark Buttitta, who died of mesothelioma four days before Christmas in 2002, will receive $30.3 Million in what is believed to be New Jersey's largest asbestos compensation verdict¹, the mesothelioma lawyers at Levy Phillips & Konigsberg, LLP, announced.

Deadly exposure to "take home" asbestos fibers on work clothes his father and brother wore while employed at General Motors parts warehouses in Bloomfield and Englewood, New Jersey, and exposure to the carcinogenic material during his own GM summer employment caused the death of a 50-year-old rising star advertising executive, a Bergen County jury ruled today.
Bloomfield born and raised Mark Buttitta's advertising clients had included Coca Cola, Continental and Northwest Airlines before he died a few days after his 50th birthday. His father, Frank Buttitta, Sr., and brother, Frank Jr., unknowingly brought home asbestos fibers on their work clothes contributed to the development of the deadly cancer, the experts testified at trial. The elder Buttitta was a lifelong GM employee, working as a parts picker at the GM warehouses, handling brakes and clutches made with asbestos, according to mesothelioma lawyer Moshe Maimon of Levy Phillips & Konigsberg, LLP, who was the lead trial counsel in the 15-day trial.
In addition to the senior Buttitta's lifelong full-time employment at the GM warehouse, the victim and his brother, Frank Jr., had worked summers during college at the facility also as parts pickers. “All three Buttittas would wear the same work clothes for days at a time,” Maimon said, "bringing home cancer-causing asbestos fibers every day from work, unknowingly letting the microscopic fibers’ fragments waft throughout their home and settle. Worse yet, as a young boy, Mark would sit on his dad's lap or next to him on the sofa every night to watch TV, and was innocently exposed to asbestos in the process."
After high school, Mark Buttitta attended Colgate University, eventually residing with his wife and three daughters in Glen Ridge, New Jersey. He was a vice president of MediaVest when first diagnosed with mesothelioma in 2001 and died a year later, according to Moshe Maimon.
In 2003, Buttitta's family established the Mark Buttitta Memorial Foundation for Research for the "prevention, treatment and cure of mesothelioma," according to the foundation's web site. "While most mesothelioma victims are employed in the construction or automotive manufacturing industries, Mark did not fit this typical profile," the foundation's web site noted. On Saturday, March 8th the foundation is holding a wine tasting and silent auction at the Time-Life Building in Manhattan.
"Mark Buttitta's sad case shows convincingly how blue-collar workers from the automotive, construction and other asbestos-using industries are not the only potential victims of mesothelioma," Maimon said. "In Bloomfield, Englewood, and all across New Jersey, men and women who wouldn't know a brake shoe from a horseshoe can be struck down by this horrible disease decades later from simply living with someone who dealt with asbestos in his daily occupation. In Mark Buttitta's case we were able to get justice for him and his young family."
Maimon's co-counsels in the mesothelioma lawsuit were Richard Cattenacci of Connell Foley of Roseland, NJ, and Donald MacLaughlin of Ridgewood, NJ.
For over a quarter of a century, mesothelioma lawyers at Levy Phillips & Konigsberg, LLP, have been among the pioneers of asbestos litigation in America. The firm’s attorneys have been recognized as nationwide leaders in representing the rights of mesothelioma victims and their families. Their clients have received some of the largest mesothelioma compensation verdicts in the country.

 

Mesothelioma Lawyers Obtain New Jersey’s Largest Asbestos Compensation Verdict Totaling $30.3 Million

LPK’s Mesothelioma Lawyers Obtain New Jersey’s Largest Asbestos Compensation Verdict Totaling $30.3 Million

 

TRENTON, New Jersey, August 20, 2010 – Today, the Appellate Division of the Superior Court of New Jersey upheld the $7.5 million verdict¹ rendered in May, 2008, for Bonnie Anderson's pain and suffering and loss of consortium claims arising from her peritoneal mesothelioma. Bonnie Anderson developed this cancer as a result of "take home" exposure to asbestos fibers unknowingly brought home on the work clothes of her husband John Anderson during the decades that he worked at the Exxon Bayway Refinery in New Jersey. Bonnie was exposed to these cancer-causing fibers while washing her husband's contaminated work clothes. Bonnie also worked at the Exxon Bayway Refinery from 1975 to 1985.

Bonnie Anderson, a former librarian and avid horseback rider from Linden, NJ (now a resident of Berkeley Heights, NJ), was diagnosed with peritoneal mesothelioma in 2002 when she was 53 years old. So far, Bonnie has battled through two abdominal surgeries, chemotherapy and radiation in an effort to fight her mesothelioma. She also helps other mesothelioma victims through her advocacy with the Mesothelioma Applied Research Foundation, a national organization dedicated to helping those suffering from mesothelioma and seeking to cure this cancer.
The trial, which was solely to determine the issue of damages, began on May 21, 2008. Previously, in November 2007, a separate Middlesex County jury rendered a verdict in favor of the Andersons in the amount of $500,000 following a six week trial. That jury determined that Bonnie Anderson suffers from peritoneal mesothelioma; that ExxonMobil Corporation breached its duty in failing to protect or warn the Andersons of the hazards of asbestos brought home on the clothes of John Anderson to which Bonnie Anderson was exposed; and that Exxon Mobil Corporation's breach of its duty proximately caused Bonnie Anderson's cancer. Because the 2007 jury only returned a verdict of $500,000 for pain and suffering, and awarded no recovery for the loss of consortium claim, Judge Ann McCormick ordered a new trial on the issue of damages.

The case was tried by Moshe Maimon, who acted as lead counsel, and assisted by John Guinan, both mesothelioma attorneys from Levy Phillips & Konigsberg, LLP.
The defendant at trial was Exxon Mobil Corporation, represented by Christopher Keale of Sedgwick, Detert, Moran & Arnold LLP, and Tom Radcliffe of DeHay & Elliston LLP.
For over a quarter of a century, mesothelioma lawyers at Levy Phillips & Konigsberg, LLP, have been among the pioneers of asbestos litigation in America. The firm’s attorneys have been recognized as nationwide leaders in representing the rights of mesothelioma victims and their families. Their clients have received some of the largest mesothelioma compensation verdicts in the country.
For more information about this or other mesothelioma lawsuits, please contact Levy Phillips & Konigsberg, LLP, at 212-605-6200 or 1-800-MESO-LAW (1-800-637-6529), 24 hours a day, 7 days a week.

 

Peritoneal Mesothelioma Compensation Verdict of $7.5 Million Upheld in Take-Home Asbestos Exposure Case

TRENTON, New Jersey, August 20, 2010 – Today, the Appellate Division of the Superior Court of New Jersey upheld the $7.5 million verdict¹ rendered in May, 2008, for Bonnie Anderson's pain and suffering and loss of consortium claims arising from her peritoneal mesothelioma.

 Bonnie Anderson developed this cancer as a result of "take home" exposure to asbestos fibers unknowingly brought home on the work clothes of her husband John Anderson during the decades that he worked at the Exxon Bayway Refinery in New Jersey. Bonnie was exposed to these cancer-causing fibers while washing her husband's contaminated work clothes. Bonnie also worked at the Exxon Bayway Refinery from 1975 to 1985.

Bonnie Anderson, a former librarian and avid horseback rider from Linden, NJ (now a resident of Berkeley Heights, NJ), was diagnosed with peritoneal mesothelioma in 2002 when she was 53 years old. So far, Bonnie has battled through two abdominal surgeries, chemotherapy and radiation in an effort to fight her mesothelioma. She also helps other mesothelioma victims through her advocacy with the Mesothelioma Applied Research Foundation, a national organization dedicated to helping those suffering from mesothelioma and seeking to cure this cancer.

The trial, which was solely to determine the issue of damages, began on May 21, 2008. Previously, in November 2007, a separate Middlesex County jury rendered a verdict in favor of the Andersons in the amount of $500,000 following a six week trial.

That jury determined that Bonnie Anderson suffers from peritoneal mesothelioma; that ExxonMobil Corporation breached its duty in failing to protect or warn the Andersons of the hazards of asbestos brought home on the clothes of John Anderson to which Bonnie Anderson was exposed; and that Exxon Mobil Corporation's breach of its duty proximately caused Bonnie Anderson's cancer. Because the 2007 jury only returned a verdict of $500,000 for pain and suffering, and awarded no recovery for the loss of consortium claim, Judge Ann McCormick ordered a new trial on the issue of damages.

The case was tried by Moshe Maimon, who acted as lead counsel, and assisted by John Guinan, both mesothelioma attorneys from Levy Phillips & Konigsberg, LLP.
The defendant at trial was Exxon Mobil Corporation, represented by Christopher Keale of Sedgwick, Detert, Moran & Arnold LLP, and Tom Radcliffe of DeHay & Elliston LLP.

For over a quarter of a century, mesothelioma lawyers at Levy Phillips & Konigsberg, LLP, have been among the pioneers of asbestos litigation in America. The firm’s attorneys have been recognized as nationwide leaders in representing the rights of mesothelioma victims and their families. Their clients have received some of the largest mesothelioma compensation verdicts in the country.
For more information about this or other mesothelioma lawsuits.

ATTENTION: Peritoneal mesothelioma has no known cure and often causes severe pain, suffering, and other types of damage, such as loss of consortium, and loss of income. Additionally, due to the exceedingly high cost of mesothelioma treatments, many families exhaust savings and accumulate financial debt in order to pay for the medical expenses of their family member.

Under the law of most states, pain and suffering from peritoneal mesothelioma may be compensated through the award of money damages, usually obtained with the help of experienced mesothelioma attorneys. In some states other types of damages may also be recovered.
Asbestos litigation affords mesothelioma victims the opportunity to receive financial compensation and hold accountable the companies that caused their asbestos exposure.

highly respected mesothelioma researchers

October 10, 2012 – In a ground breaking study published in the New England Journal of Medicine today, highly respected mesothelioma researchers, led by Harvey I. Pass, M.D. of NYU Medical Center, reported that they have identified a biomarker in blood and effusions (effusion refers to the escape of fluid from blood vessels or the lymphatic system and its collection in a cavity of the body), which can distinguish a healthy person with exposure to asbestos from patients with mesothelioma and distinguish effusions caused from mesothelioma from other malignant and benign effusions.*

Blood and effusion fluid was collected by doctors in Detroit and New York from patients with pleural mesothelioma, patients with pleural effusions not due to mesothelioma, and cancer-free individuals with a history of asbestos exposure (including foundry workers, pipe fitters, plumbers, ship builders, machinists, tool and die workers, millwrights, brick layers, electricians, those in the building and construction trades, those involved in brake assembly or repair, those with exposure to vermiculite insulation, and those with exposure from contact with family members who worked with asbestos).

Researches compared the levels of a biomarker called fibulin-3 in the blood and effusions of these different groups of patients. They found that fibulin-3 levels in blood did not vary according to age, sex, or duration of asbestos exposure.

 Fibulin-3 levels in blood were significantly higher, however, in patients with pleural mesothelioma than in asbestos-exposed persons without mesothelioma. Further, fibulin-3 levels in effusion fluid were significantly higher in patients with pleural mesothelioma than in patients with effusions caused by something else.

These results suggest that levels of fibulin-3 in plasma and effusions may aid in determining the diagnosis and prognosis of pleural mesothelioma. The authors of the study noted that further research on fibulin-3 is needed before it can be used to diagnose patients in a clinical setting. They also called for further study of how fibulin-3 can be used to predict patients’ prognosis.

The authors called for further study on this important biomarker in order to clarify the role of fibulin-3 in mesothelioma growth, invasion, and metastasis formation and to determine whether the molecule might be targeted for specific therapies. This research holds the exciting promise of potentially improving the efficacy of the treatments doctors can offer mesothelioma patients.
This study is a result of a collaboration by physicians from New York University Langone Medical Center, Mount Sinai School of Medicine, the Karmanos Cancer Institute, University of Hawaii Cancer Center, the University of California, Los Angeles, the Swedish Cancer Institute, the Fred Hutchinson Cancer Research Center, Princess Margaret Hospital, University Health Network and University of Toronto.

John I. LaMancuso Joins Lipsitz & Ponterio

LaMancuso has joined the firm as an associate attorney.  Mr. LaMancuso will focus his practice on representing individuals suffering from respiratory diseases, including mesothelioma and lung cancer, caused by their exposure to asbestos, coal tar, coke oven emissions, and other toxic substances.

  He will also handle general personal injury matters, including motor vehicle, construction site, and medical malpractice matters.

Mr. LaMancuso received his J.D., magna cum laude, from the State University of New York at Buffalo Law School.  He received his B.S., with high distinction, in Finance from the Kelley School of Business at Indiana University.  Mr. LaMancuso is admitted to practice law in the State of New York.

Mr. LaMancuso was born and raised in Jamestown, New York and is a 2004 graduate of Jamestown High School.  He currently lives in the City of Buffalo.  Mr. LaMancuso is a communicant of St. James Roman Catholic Church in Jamestown and serves as a volunteer for Habitat for Humanity.

Roswell Park Scientists Advance Findings about Novel, Low-Toxicity Anticancer Agent

BUFFALO, NY — Researchers at Roswell Park Cancer Institute (RPCI) have found that a new formulation of a promising anticancer agent, the small chemical molecule FL118, is even more effective in controlling two types of cancer than a version reported in PLOS ONE six months earlier proved to be. Additional evidence also suggests that the agent may successfully treat other solid tumors as well.

In their previous research, a team led by Fengzhi Li, PhD, Associate Professor of Oncology in RPCI’s Department of Pharmacology and Therapeutics, demonstrated that FL118 eliminated human colon and head-and-neck tumors in animal models without relapse but was limited in that it could be delivered only by intraperitoneal (IP) administration.

This new study, to be published in the April 8 issue of the American Journal of Translational Research, compares the earlier formulation of the agent to a new version that can also be administered intravenously, translating to much wider potential clinical application.

Statement by the U.S. Surgeon General Dr. Regina Benjamin on National Asbestos Awareness Week 2013

During National Asbestos Awareness Week, April 1-7, I urge Americans to learn about the dangers of asbestos exposure.

Asbestos is a mineral fiber that occurs naturally in our environment; in rock and in soil.  Because of its fiber strength and heat resistance, asbestos has traditionally been used in a variety of building construction materials, as insulation and as a fire retardant.

Activity that disturbs asbestos causes small asbestos fibers to float in the air.  Inhaling these fibers leads to asbestos-related diseases.  Three of the major health effects associated with asbestos exposure are lung cancer; mesothelioma, a rare form of cancer that is found in the thin lining of the lungs, chest, abdomen and heart;  and asbestosis, a serious progressive, long-term, non-cancer disease of the lungs.

Anyone who disturbs asbestos is at risk.  However, it is of special concern for construction, insulation, and demolition workers, pipefitters, boilermakers and others who might disturb asbestos found in old buildings or equipment as part of their work.  The hazard is also very real to home handymen, first-responders, and community volunteers.

Preventing the damage caused by asbestos is important to help keep Americans healthy and safe in our homes. Advancing Healthy Housing – A Strategy for Action is a recent report released by several federal agencies that unifies federal action to advance healthy housing, demonstrating the connection between housing conditions and residents’ health. It promotes strategies and methods intended to reduce in-home health hazards such as asbestos in a cost-effective manner.

The greater the exposure to asbestos, the greater the chance of developing harmful health effects.
If you think you have been exposed to asbestos, I encourage you to speak to your health care professional.
Together, we can prevent the dangers associated with asbestos.  We can create healthier homes, healthier workplaces and a healthier America.

New York Mesothelioma Lawyers -

Mesothelioma Case

In October 2012, a jury in Buffalo, New York, delivered a verdict in the amount of three million dollars to the family of Gerald Suttner. In the fall of 2010, Mr. Sutter, age 76, was diagnosed with mesothelioma caused by his job-related exposure to asbestos-containing products.

Coke Production: Environmental & Occupational Impacts

The Tonawanda Coke Corporation, a local coke producer, has been in the news recently because of a federal prosecution for violations of the Clean Air Act. The plant discharged industrial wastewater containing cyanide, ammonia and naphthalene into the local sewer system and storm sewers that lead to the Niagara River. Improper handling of coal tar sludge also contaminated soil in the area.

Deaths Associated with Tonawanda Coke

Lipsitz & Ponterio has the privilege of representing the families of workers who died as a result of the conditions at Tonawanda Coke.

Asbestos Through the Ages

A pictorial representation of how asbestos has been used throughout history.

Lipsitz & Ponterio Recovers $2.5 Million for Former Durez Worker In Asbestos Mesothelioma Lawsuit

After a week-long trial in September 2012, Lipsitz & Ponterio obtained a cash settlement in excess of $2.5 million on behalf of a former Durez plant worker for injuries resulting from job-related exposure to asbestos.

Factory Workers Poisoned by Toxic Glue

Although substances like asbestos no longer pose such widespread hazards in the work place as they did some thirty years ago, today there are many highly toxic substances still used in factories and at construction sites causing serious injuries to workers here and abroad.

Where There's A Will...by Henry Gartner

We’ve compiled a list of legal documents that everyone should assemble in a file to guide their loved ones. Many of these things will also be very helpful in the event of serious illness.

Welcome Aboard - John LaMancuso & Grace Gannon

John LaMancuso and Grace Gannon have joined Lipsitz & Ponterio as associate attorneys in our mesothelioma and asbestos litigation practice groups.

Anne E. Joynt Selected as a Member of the Steering Committee of The Women’s TAP Fund

Lipsitz & Ponterio attorney, Anne E. Joynt, has been selected to serve as a member of the Steering Committee of the Women’s TAP Fund.