California Verdicts

Plaintiff(s):

Linda Whalen , 

Robert Whalen (Male)

Plaintiff Attorney(s):

Gilbert L. Purcell;
Brayton Purcell, LLP;
Novato,
CA,
for
Linda Whalen, Robert Whalen ■ Jennifer L. Alesio;
Brayton Purcell, LLP;
Novato,
CA,
for
Linda Whalen, Robert Whalen ■ Heather-Ann Young;
Brayton Purcell, LLP;
Novato,
CA,
for
Linda Whalen, Robert Whalen

Plaintiff Expert(s):

Allan Smith;
M.D., Ph.D.;
Epidemiology (Cancer);
Berkeley,
CA called by
Gilbert L. Purcell ■ Barry Horn;
M.D.;
Pulmonology;
Berkeley,
CA called by
Jennifer L. Alesio ■ Arnold Brody;
Ph.D.;
Cell Biology;
Raleigh,
NC called by
Jennifer L. Alesio ■ Steven Compton;
Ph.D.;
Materials Science;
Duluth,
GA called by
Jennifer L. Alesio ■ Richard Cohen;
M.D.;
Occupational Medicine;
Saratoga,
CA called by
Jennifer L. Alesio ■ Christopher DePasquale;
CIH;
Industrial Hygiene;
Kennesaw,
GA called by
Jennifer L. Alesio

Defendant(s):

FMC Corporation, 

John Crane, Inc., 

Flowserve US, Inc., 

Goulds Pumps, Inc., 

IMO Industries, Inc., 

Red-White Valve Corp., 

J.T. Thorpe & Son, Inc., 

Boss Manufacturing Company, 

Parker-Hannifin Corporation, 

Anchor Darling Valve Company, 

Thomas Dee Engineering Company, 

Metalclad Insulation Corporation, 

Fisher Controls International LLC, 

The Goodyear Tire & Rubber Company, 

Associated Insulation of California, 

Metropolitan Life Insurance Company, 

Gardner-Denver Mining & Construction Division

Defense Attorney(s):

Robert L. Nelder;
Hassard Bonnington LLP;
San Francisco,
CA,
for
John Crane, Inc. ■ Daniel R. Griffin;
O’Connell, Tivin, Miller & Burns, LLC;
Milwaukee,
WI,
for
John Crane, Inc. ■ None reported;

for
FMC Corporation, Flowserve US, Inc., Goulds Pumps, Inc., IMO Industries, Inc., Red-White Valve Corp., J.T. Thorpe & Son, Inc., Boss Manufacturing Company, Parker-Hannifin Corporation, Anchor Darling Valve Company, Thomas Dee Engineering Company, Metalclad Insulation Corporation, Fisher Controls International LLC, The Goodyear Tire & Rubber Company, Associated Insulation of California, Metropolitan Life Insurance Company, Gardner-Denver Mining & Construction Division

Defendant Expert(s):

Amy Madl;
Toxicology;
San Francisco,
CA called by
Daniel R. Griffin ■ John Henshaw;
Industrial Hygiene;
Sanibel,
FL called by
Daniel R. Griffin ■ James Crapo;
Pulmonology;
Denver,
CO called by
Daniel R. Griffin ■ James Delaney;
Maritime/Admiralty;
Honolulu,
HI called by
Robert L. Nelder

From 1964 to 1990, plaintiff Robert Whalen served aboard nuclear submarines as a Machinist’s Mate and Nuclear Inspector for the U.S. Navy. Throughout his time in the service, Whalen worked with asbestos-containing packing and gasket materials. In December 2013, he was diagnosed with pleural mesothelioma, which is an aggressive, incurable cancer that develops on the lining of the lungs and that often stems from exposure to asbestos. Whalen sued a manufacturer of asbestos-containing packing and gasket materials, John Crane Inc., as well as several other manufacturers, suppliers and contractors dealing with asbestos-containing materials, including thermal insulation, pumps, valves, steam traps, gaskets, packing and turbines. Whalen alleged that the defendants defectively designed their products and failed to warn of the dangers of being exposed to asbestos-containing materials. Several of the manufacturers, suppliers and contractors named as defendants were dismissed and/or resolved their cases prior to opening statements. Thus, the matter continued against John Crane only. Whalen claimed that during his 26-year career as a Naval Machinist’s Mate and Nuclear Inspector, he worked with asbestos-containing gasket and packing materials manufactured by John Crane. Whalen argued that the materials were defectively designed in that John Crane knew by at least 1970, and should have known decades before, that asbestos was deadly. Counsel contended that despite this knowledge, John Crane never tested its products for safety, never consulted the medical literature concerning the potential hazards of the products, and failed to adequately warn users of the hazards associated with its asbestos-containing products. John Crane’s counsel argued that there was no significant safety hazard associated with John Crane’s products and that any exposure Whalen had as a result of his work with and around John Crane packing and gasket materials would not have been a substantial factor in contributing to his increased risk of cancer.

Whalen was diagnosed with pleural mesothelioma in December 2013. Plaintiff’s counsel presented evidence regarding Whalen’s ongoing battle with pleural mesothelioma, an invariably fatal cancer with no known cure. After being diagnosed at age 68, Whalen underwent multiple surgeries designed to make the limited time he has remaining more comfortable. He also endured six rounds of chemotherapy before it was discontinued. However, the plaintiffs’ expert pulmonologist testified that Whalen’s condition would continue to decline until his death. Whalen’s wife, Linda Whalen, brought a derivative claim, seeking damages for her loss of consortium. She testified that she had been reduced to the role of caretaker and that very little remains of the life she and her husband enjoyed together prior to the diagnosis. The Whalens sought recovery of $861,113 in economic damages, inclusive of past and future medical costs, and loss of income and household services. (Both parties ultimately stipulated to the amount of economic damages.) In addition, during closing arguments, plaintiff’s lead counsel told the jury that the non-economic loss suffered by the Whalens should dwarf the economic loss. The Whalens’ punitive damages claim against John Crane was granted via summary adjudication, prior to the trial assignment.

The jury ruled in favor of the Whalens. It found that John Crane was 3 percent at fault for Mr. Whalen’s mesothelioma, that the U.S. Navy was 60 percent at fault, and that all of the other originally named entities were 37 percent fault. The jury determined that the Whalens’ damages totaled $70,861,113. After assessing fault apportionments and credits for prior settlements, prior to any awarding of costs, the Whalens’ net recovery amounted to $2,947,753.

Linda Whalen: $30,000,000 Personal Injury: loss of consortium; Robert Whalen: $861,113 Personal Injury: economic damages; $40,000,000 Personal Injury: non-economic damages

Actual Award:

$2,947,753

Judge:

Victoria Kolakowski

Demand:

$200,000 to John Crane

Offer:

none from John Crane

Trial Length:

6
 weeks

Trial Deliberations:

5
 hours

Jury Vote:

10-2

Jury Composition:

5 male/ 7 female

Post Trial:

Post-trial motions are anticipated from both sides, including a cost bill from the plaintiffs. John Crane’s counsel’s post-trial motions will, in part, pertain to the plaintiffs’ concurrent federal court action involving the same claims.

This report is based on information that was provided by plaintiff’s counsel and counsel for John Crane Inc. Counsel for the remaining defendants were not asked to contribute.