Featured Asbestos Verdict: Chisholm et al v. R.T Vanderbilt Inc

Chisholm et al v. R.T Vanderbilt Inc, (N.Y. Super. Ct., Schenectady Cty No. 2012-1056). On February 11, 2015 a New York jury awarded $10.55 million to the family of an Indiana man who died of mesothelioma from asbestos exposure from talc mined and sold by defendant R.T Vanderbilt Inc. Plaintiffs contended that Richard Chisholm, who died of mesothelioma at the age of 52, was exposed to asbestos from Vanderbilt talc mined in Gouverneaur, New York. Decedent was allegedly exposed to the talc during a summer job in high school working for an Ohio factory in the 1970s. The company used Vanderbilt talc as one of the raw materials to make ceramic products. At trial, plaintiffs presented evidence that Vanderbilt had received test results showing that its talc was contaminated with substantial amounts of asbestos fibers even before Chisholm came into contact with the talc. A plaintiff's expert testified that Chisholm's lung tissue examined after he developed mesothelioma contained the same type of asbestos found in the company's talc. In reaching their verdict, jurors determined that Vanderbilt acted negligently by failing to place warnings about the danger in asbestos on its bags of talc and awarded $10.55 million to the family. Plaintiffs were represented by Levy Konigsberg LLP in New York. Defendant, R.T. Vanderbilt Inc. was represented by Dehay & Elliston.