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Upstate NY Court Awards $2M to Man Contaminated by Asbestos


Posted on Dec 20, 2011

Earlier this month, a man from Niagara Falls was awarded $2 million by a State Supreme Court jury for an asbestos case he filed about one year ago. His asbestos exposure has led to a rare form of mesothelioma cancer.

66-year-old Gerald Failing began work at Durez Plastics in 1966. The factory was located in North Tonawanda, between Niagara Falls and Buffalo, NY. The company made industrial resins and molding compounds. Mr. Failing worked in the compound department, making granulated plastic molding compounds out of raw asbestos fibers, which he poured and mixed. This process released asbestos into the air, creating a visible cloud of dust, according to court records. This was ostensibly the inception of Mr. Failing's contamination. He left Durez Plastics in 1978 and retired in 1990.

Some of the asbestos materials were supplied by Hedman Resources Ltd., an asbestos mining operation out of Canada. Hedman was found by the court to have exhibited "reckless disregard for the safety of others," because it did not warn any of the workers about the dangers of the asbestos.

Hedman was handed 100% of the liability for Mr. Failing's peritoneal mesothelioma, which he was diagnosed with in 2010. Mr. Failing's case was expedited over the course of the last year because of the nature of his illness.

As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with dangerous hazards like this every day. If you have experienced related problems, I want you to pick up the phone and call me. I can help. Pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.

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Gerry practices law exclusively in the State of New York. Within New York he practices primarily in the following counties: New York, Brooklyn, Queens, Bronx, Staten Island, Nassau and Suffolk. Technically, Brooklyn is known as "Kings County," and Manhattan and New York City are known as "New York County." Staten Island is known as "Richmond County." These counties make up the New York metropolitan area.