Mesothelioma Patient Fears Lawsuit May Be Affected by Wisconsin Budget Provision
A man diagnosed with mesothelioma fears he will not recover damages from a lawsuit his family filed due to a provision added to the Wisconsin state budget.
Caden Johnson, 67, learned of his mesothelioma diagnosis years after working in a boiler room of a hospital. Mesothelioma is a rare, aggressive cancer caused almost exclusively by asbestos exposure. Johnson’s lawsuit alleges he was exposed to asbestos particles while working at the hospital. The Johnson family is seeking damages from the companies who may have manufactured asbestos used in the boiler room.
Johnson’s wife, Debra, believes a new provision in the Wisconsin budget would limit the amount of lawsuits victims of asbestos exposure can file. She, and other supporters of asbestos lawsuits, claim the provision is worded in a way that allows companies that previously utilized asbestos, such as Crown Cork and Seal Co., to no longer be held liable to pay damages to victims of asbestos exposure.
Those who support the provision say it is written narrowly to aid Crown Cork and Seal Co. Crown has passed similar provisions in ten states which now defend the company from paying victims. Crown lobbyist Forbes McIntosh said no other company has used the provisions to defend itself against asbestos lawsuits.
The proposal would limit a plaintiff’s legal right to sue companies that merged with firms that made asbestos before 1972. The provision in the budget has not undergone public hearing, but lobbyists of the bill claim it will not affect asbestos lawsuits.
“I really do think this proposal balances justice for people who were wronged with common sense liability law,” said Rep. Kristen Dexter, D-Eau Claire. Dexter is concerned workers in her district could be affected by asbestos lawsuits against Crown.
In 1963 Crown merged with asbestos manufacturer Mundet Cork Co. and has since paid approximately $500 million to victims of asbestos.
The proposal included in the Wisconsin budget would protect companies by limiting their legal responsibility in asbestos cases. The company’s legal liability in asbestos cases would be limited to the present day value of the company that actually made the asbestos. In the case of Crown, this would be approximately $60 million. This means that in Wisconsin the company would no longer be liable for any asbestos-related damages.
Additional information about mesothelioma and asbestos may be found through the Mesothelioma Center.
