Texas Verdicts

Plaintiff(s):

Lorrie Hood (Female), 

Virgil Hood (Male, 57 Years)

Plaintiff Attorney(s):

Peter A. Kraus;
Waters & Kraus, LLP;
Dallas,
TX,
for
Lorrie Hood, Virgil Hood ■ Scott R. Frieling;
Allen Stewart, P.C.;
Dallas,
TX,
for
Lorrie Hood, Virgil Hood ■ Susannah Chester-Schindler;
Waters & Kraus, LLP;
Dallas,
TX,
for
Lorrie Hood, Virgil Hood ■ Jonathan A. George;
Waters & Kraus, LLP;
Dallas,
TX,
for
Lorrie Hood, Virgil Hood

Plaintiff Expert(s):

James Stewart; Ph.D.; Industrial Hygiene; Boston,
MA called by:
Peter A. Kraus, Scott R. Frieling, Susannah Chester-Schindler, Jonathan A. George ■ Pamela Williams; Industrial Hygiene; Boulder,
CO called by:
Peter A. Kraus, Scott R. Frieling, Susannah Chester-Schindler, Jonathan A. George ■ Sheila Butler; M.D.; Pathology; Piscataway,
NJ called by:
Peter A. Kraus, Scott R. Frieling, Susannah Chester-Schindler, Jonathan A. George ■ Richard Thompson; Ph.D.; Economics; Clemson,
SC called by:
Peter A. Kraus, Scott R. Frieling, Susannah Chester-Schindler, Jonathan A. George ■ Guillermo Garcia-Manero; M.D.; Oncology; Houston,
TX called by:
Peter A. Kraus, Scott R. Frieling, Susannah Chester-Schindler, Jonathan A. George

Defendant(s):

Exxon Mobil Corp., 

Akzo Nobel Coatings, 

PPG Industries Inc., 

Tempco Products Co., 

Kano Laboratories Inc., 

The Sherwin-Williams Co., 

Ampac Chemical Company Inc., 

E.I. DuPont de Nemours & Co.

Defense Attorney(s):

Larry E. Cotten;
Cotten, Schmidt & Abbott LLP;
Fort Worth,
TX,
for
E.I. DuPont de Nemours & Co. ■ George R. Diaz-Arrastia;
Schirrmeister, Diaz-Arrastia & Brem;
Houston,
TX,
for
E.I. DuPont de Nemours & Co. ■ Andrew C. Schirrmeister III;
Schirrmeister, Diaz-Arrastia & Brem LLP;
Houston,
TX,
for
E.I. DuPont de Nemours & Co. ■ Dennis Conrad;
Cotten, Schmidt & Abbott LLP;
Fort Worth,
TX,
for
E.I. DuPont de Nemours & Co.

Defendant Expert(s):

David Pyatt;
Toxicology;
Superior,
CO called by:
Larry E. Cotten, George R. Diaz-Arrastia, Andrew C. Schirrmeister III, Dennis Conrad ■ David Garabrant;
Epidemiology (Cancer);
Ann Arbor,
MI called by:
Larry E. Cotten, George R. Diaz-Arrastia, Andrew C. Schirrmeister III, Dennis Conrad ■ Ethan Natelson;
Hematology;
Houston,
TX called by:
Larry E. Cotten, George R. Diaz-Arrastia, Andrew C. Schirrmeister III, Dennis Conrad ■ Bernard Goldstein;
Hematology;
Pittsburgh,
PA called by:
Larry E. Cotten, George R. Diaz-Arrastia, Andrew C. Schirrmeister III, Dennis Conrad

In 2012, plaintiff Virgil Hood, 57, an equipment calibrator, husband of plaintiff Lorrie Hood, was diagnosed with myelodysplastic syndrome. He was subsequently diagnosed with acute myeloid leukemia. Between 1973 and 1981 Hood had worked as a painter for Timpte Trailers, a Colorado company. During that time E.I. DuPont de Nemours & Co. was a manufacturer of paints and solvents. The Hoods sued DuPont for claims under a theory of products liability. (The Hoods originally named seven other paint and solvent manufacturers in the suit. PPG Industries and Sherwin-Williams Co. settled prior to trial for confidential amounts. The remaining defendants were dismissed by the court or nonsuited by the plaintiffs prior to trial.) Plaintiffs’ counsel maintained between 1973 and 1981 DuPont manufactured paints and solvents containing benzene and sold them to Timpte, where Hood was exposed to the benzene due to inadequate respiratory safety measures taken by Timpte. The plaintiffs’ pathology expert testified that, based on the exposure estimates generated by the plaintiffs’ industrial hygiene expert, Hood’s benzene exposure was sufficient to cause both his myelodysplastic syndrome and leukemia. Plaintiffs’ counsel maintained that company records showed DuPont had received warnings of the danger of bone marrow disorders caused by benzene exposure as early as 1938, and the company failed to discontinue use of the chemical or place warnings on products containing benzene. Defense counsel denied any of the products sold to Timpte during the period in question contained benzene. The defense medical experts testified that Hood does not have myelodysplastic syndrome, and maintained that based on the exposure estimates generated by the defense toxicology expert Hood was not exposed to sufficient benzene to cause leukemia. Defense counsel argued that benzene-caused leukemia is typically diagnosed 10 to 15 years after exposure, not 25, and that therefore the exposure was not the proximate cause of his leukemia.

Plaintiffs’ counsel maintained that Hood contracted myelodysplastic syndrome and acute myeloid leukemia due to his exposure to DuPont products. Hood underwent chemotherapy and a bone marrow transplant in 2014. The parties stipulated to $1,486,601.25 in past medical expenses. Plaintiffs’ counsel maintained that this resulted in complications which included three bouts of pneumonia and near total loss of sight, which plaintiffs’ counsel maintained would require surgery to correct. Plaintiffs’ counsel maintained that Hood has been unable to work since 2014. The plaintiffs sought an unspecified amount for future medical expenses and past and future pain and suffering, physical impairment, disfigurement, lost income, loss of household services, and loss of consortium.

The jury found DuPont 80 percent liable and Timpte 20 percent liable and awarded $7,067,234 in damages. With the addition of the stipulated $1,486,601.25 in medical expenses and adjustment for comparative liability, the net award was $6,895,068.20.

Lorrie Hood: $30,000 Wrongful Death: Past Lost House Hold Services; $30,000 Wrongful Death: Future Lost House Hold Services; $250,000 Wrongful Death: Future Lost Of Consortium; Virgil Hood: $1,000,000 Personal Injury: Future Medical Cost; $1,500,000 Personal Injury: Past Physical Impairment; $500,000 Personal Injury: Future Physical Impairment; $1,500,000 Personal Injury: Punitive Exemplary Damages; $157,234 Personal Injury: Past Lost Earnings Capability; $350,000 Personal Injury: Future Lost Earnings Capability; $500,000 Personal Injury: Past Pain And Suffering; $500,000 Personal Injury: Future Pain And Suffering; $500,000 Personal Injury: Past Disfigurement; $250,000 Personal Injury: Future Disfigurement

Actual Award:

$6,895,068.20

Judge:

Jim Jordan

Trial Length:

12
 days

Trial Deliberations:

4.5
 hours

Jury Vote:

12-0

This report is based on information that was provided by plaintiff’s and defense counsel.