DALLAS – Plaintiff firm Dean Omar Branham Shirley, LLP, earned a spot on VerdictSearch’s Top 100 Verdicts for 2023 for Hernandezcueva v. American Standard Inc., a case against Union Carbide Corp. that resulted in a $107 million verdict for the asbestos-related death of a father of four.
“Of course, it’s wonderful to have this verdict listed. What is more exciting to our firm is the fact that we were able to obtain it for a family that has suffered so much,” said managing partner Trey Branham. “That is why we do this work.”
Jurors in the case, which concluded last summer in Los Angeles County, Calif., agreed unanimously that Union Carbide acted with malice in causing Joel Hernandezcueva, 45, to develop the cancer that took his life. The jury also found Elementis Chemicals and E.F. Brady Co. Inc. negligent.
Mr. Hernandezcueva worked as a janitor at the Park Place complex in Irvine, where wall compound with Union Carbide’s asbestos was part of the construction. Mesothelioma, a terminal cancer, is only caused by asbestos exposure.
The DOBS trial team, which included attorneys Benjamin Adams, Rachel A. Gross and Jonathan A. George, showed that Union Carbide’s internal documents proved that the company knew its product could lead to mesothelioma.
“For decades, the company calculated the costs for settling future cancer claims and determined that its poison’s profit was worth the future lawsuits,” said Mr. Adams. “They knew thousands would die.”
The case was filed in 2011 and first tried in 2013. Two prior rulings favored the defendants, but in each case, attorneys for Mr. Hernandezcueva were successful in having appellate courts overturn them.
VerdictSearch ranks top 100 verdicts by gross award calculated by the jury. The Hernandezcueva case was included in the list for products liability. To view the full list, click here.
The case is Joel Hernandezcueva, et al., vs. American Standard Inc., et al., case No. BC475956, in the Superior Court of California, County of Los Angeles, Civil Division.
Dean Omar Branham Shirley, LLP, is a nationally recognized trial firm that handles cases across the country for individuals who have suffered catastrophic injuries or have died as a result of irresponsible conduct of others. For more information, please visit http://www.dobslegal.com.
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