Multi-Million Dollar Award in Mesothelioma Case


Boston, MA – A Superior Court jury returned a verdict of 6.8 million dollars against New England Insulation, a Canton company that distributed and installed asbestos insulation material until the early 1970s.

Former Massachusetts insulator Timothy Ross died due to mesothelioma, on Aug. 19, 2013. His widow, Amy Ross, pursued this case individually and on behalf of his estate.

According to the CDC, persons occupationally exposed to asbestos have developed several types of life-threatening diseases, including asbestosis, lung cancer, and mesothelioma. Although the use of asbestos and asbestos products has dramatically decreased in recent years, they are still found in many residential and commercial settings and continue to pose a health risk to workers and others.

Mesothelioma is an aggressive cancer that affects the lining of the lungs, heart, or abdomen, with about 3,000 new cases in the USA each year. Caused primarily by the inhalation of asbestos fibers, mesothelioma is most commonly diagnosed in older individuals who worked with asbestos in an industrial setting. Prognosis for mesothelioma is poor, but early detection and newer treatment methods have given many patients hope for survival.

NIOSH has undertaken a reappraisal of how to ensure optimal protection of workers from exposure to asbestos fibers and other elongate mineral particles (EMPs). As a first step in this effort, NIOSH convened an internal workgroup to develop a framework for future scientific research and policy development. This State of the Science and Roadmap for Scientific Research (herein referred to as the Roadmap), clarifies NIOSH’s REL, summarizes NIOSH’s understanding of occupational exposure and toxicity issues concerning asbestos fibers and other EMPs, and identifies key issues which need to be resolved to allow NIOSH to update its REL.

This is the second multi-million-dollar verdict in two weeks against New England Insulation. On Sept. 21, another Boston jury returned a verdict of $7.55 million for Gerald Sylvestre, a former New Hampshire power plant worker, currently undergoing treatment for mesothelioma.