An Alameda County, California jury awarded a $10 million mesothelioma verdict to Michael and Cindy Burch, represented by Kazan Law in a personal injury case against defendant CertainTeed Corporation. (Michael B. Burch and Cindy Burch v. CertainTeed Corporation, et al., Case No. RG16819332, Alameda County Superior Court)
Mr. Burch was diagnosed with pleural mesothelioma in May of 2016 at the age of 64. He was exposed to asbestos in the 1970s when he worked as a pipefitter handling asbestos cement (AC) pipe manufactured by CertainTeed. His work involved cutting and beveling AC pipe using various hand tools and a 12-inch abrasive disc saw, which created extremely dusty working conditions. The dust contained the cancer-causing mineral asbestos. Every day, he unknowingly breathed deadly asbestos dust at work and was never warned that the dust could cause him to contract mesothelioma.
The jury heard evidence that CertainTeed knew asbestos caused cancer as early as 1962, but did not begin warning about cancer hazards on its pipe until 1985. On the contrary, CertainTeed advertised that its pipe was a “nonharmful use of asbestos” despite its knowledge that this was false.
The jury found that the asbestos cement (AC) pipe manufactured by CertainTeed was defective, and the company knew the health risks of its product but failed to warn of those risks, fraudulently misrepresented, and intentionally concealed the health risks.
About the Mesothelioma Verdict
Kazan Law partner Justin Bosl and associate Arcelia Hurtado represented the Burch family in the seven-week jury trial in the Superior Court of California, County of Alameda. After the jury rendered its mesothelioma verdict, Bosl stated, “CertainTeed misrepresented and concealed the health risks of handling and working with its AC pipe. As a result, Michael Burch was exposed to asbestos while cutting, drilling, and laying AC pipe. We are pleased with the jury’s verdict and award which will give Mr. Burch greater peace of mind.”
A member of the Laborer’s Union Local 220 and the plumbers and pipefitters union Local 403, Mr. Burch performed underground utility work on water mains, sewer mains, laterals, and gas lines. He worked in mobile home parks in towns throughout California, including mobile home parks in Hayward, Sunnyvale, San Jose, Morgan Hill, Gilroy, Cambria, San Luis Obispo, Pismo Beach, Paso Robles, Valencia, Carson, and Corcoran.
Mesothelioma Symptoms and Diagnosis
Mr. Burch’s symptoms started with pressure in his chest and shortness of breath. Soon the act of eating intensified his chest pain, and he began to lose weight. Doctors discovered excess fluid around his lungs, and following a biopsy, he was diagnosed with pleural mesothelioma.