During the years 1972-75, whilst working at Spokane Volkswagen dealership as an auto mechanic, Mr. Sorrentino, developed malignant mesothelioma which is a rare and fatal asbestos-related disease.
Mesothelioma is a cancer that usually starts in the layers of tissue that cover each lung (the pleura) – this is called pleural mesothelioma. More rarely it can start in the peritoneum. The peritoneum is the layer of tissue that covers the organs in your tummy (abdomen) – this developing condition is called peritoneal mesothelioma.
This February marked the two-year anniversary of the death of Thomas Sorrentino, who unfortunately died due to developing the disease. A few days before his death, he was able to give a deposition and he also provided a testimony to the King County, Washington jury which awarded his estate and his son a total of $5.75 million in damages from Volkswagen group of America and Volkswagen AG.
Mr. Sorrentino was responsible for replacing brakes and clutches on Volkswagen vehicles. In his testimony, he stated that he recalled using a grinding machine that sent asbestos dust flying into the air as he worked to make the contaminated brakes fit the brake drum. This consequently resulted in asbestos fibers floating in the air in which the mesothelioma victim inhaled, leading to the development of his cancer.
The jury was presented with evidence stating that Volkswagen had been aware of the dangers of asbestos. The testimony given by Mr. Sorrentino revealed that Volkswagen had provided protective gear and clothing to their employees in Germany, after having tested for the mineral at its factories but they failed to take reasonable steps to ensure the safety of their other employees in other countries.
Chandler H. Udo, Mr. Sorrentino’s attorney and the managing partner of the law firm, Bergman Draper Oslund Udo, stated that:
“While nothing can bring back Mr. Sorrentino nor truly compensate him for the unnecessary pain and suffering he endured as a result of his exposure to asbestos and ensuing diagnosis of mesothelioma, today’s verdict offers some amount of accountability for the harm caused by Volkswagen Group of America and its parent company Volkswagen AG of Germany.”
What is asbestos and why is it dangerous?
Asbestos is a general name given to several naturally occurring fibrous minerals that have crystallized to form fibers. These fibers do not dissolve in water or evaporate, they are resistant to heat, fire, chemical and biological degradation and are mechanically strong.
Asbestos can be found in any industrial or residential building which was built or refurbished before the year 2000.
When materials that contain asbestos are disturbed or damaged, fibers are released into the air. When these fibers are inhaled, they can cause serious diseases. These diseases will not affect you immediately; they often take a long time to develop, but once diagnosed, it is often too late to do anything.
Signs and symptoms of asbestos exposure
Breathing in asbestos fibers over a number of years would result in the scarring of the lungs. These symptoms include:
- Shortness of breath
- Persistent cough
- Wheezing
- Chest pain or tightness
- Pleural effusion (accumulation of fluid in the space surrounding a lung)
- Extreme tiredness (fatigue)
- Pain in your chest or shoulder
- In some advanced cases, clubbed (swollen) fingertips.
- Asbestosis
- Hoarseness
- Hernia
- Bowel obstruction
- Loss of appetite
- Abdominal swelling and distention
It could take up to 20 – 30 years for the symptoms to appear.
Diseases caused by asbestos exposure
Asbestos can cause some of the following fatal and serious diseases. Cancers resulting from asbestos exposure include:
- Laryngeal cancer
- Lung cancer
- Ovarian cancer
The following are examples of non-cancerous diseases and conditions brought on by asbestos exposure:
- Asbestosis
- Pleural plaques
- Pleural thickening
- Benign pleural effusion
- Pleuritis
- Atelectasis
Occupational exposure is the number one cause of asbestos-related diseases however these conditions can originate from secondary causes too.
If you or anyone you know has been exposed to asbestos and are experiencing the symptoms listed above, then you might be able to claim compensation. We urge you to discuss your complaints and symptoms with a medical professional and subsequently seek legal advice.
If you feel your injuries have been caused as a result of your work and wish to enquire about a potential claim for compensation, please contact us. Our number is 0113 200 9720
Resources:
Volkswagen Group of America and Volkswagen AG Found Liable for the Mesothelioma Death of Spokane Man – MarketScreener
What is mesothelioma? – Cancer Research UK
Asbestos: general information – www.gov.uk
Asbestosis – www.nhs.uk)
Further reading
Guide to asbestosis – Oakwood Solicitors
WHAT TO DO NEXT
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Liam Hill is a Solicitor and Deputy Head of the Industrial Disease Team, having trained and qualified at Oakwood Solicitors. Liam joined us in 2013 after successfully completing the Legal Practice C…
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