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$2.925 Settlement In New York


State Supreme Court, New York County, Hon. Alice Schlesinger, Presiding. George & Rosemary Barg v. ACandS, Inc. et al., et al. December 2, 1997

Tre' Smith of Delaney & Smith in Albany, Bob Komitor in New York City, and my firm recently settled a suit filed on behalf of 70 year-old former Consolidated Edison powerhouse worker for a total of $2.925 million. The case was filed in New York County Supreme Court. The case was both interesting and challenging, as George Barg was diagnosed in September, 1996, with two primary malignancies, pleural mesothelioma on the left lung and cancer of the right kidney. The kidney cancer was asymptomatic, and all of George's symptoms referred to his mesothelioma. George's mesothelioma took an indolent course during the fourteen months between talc pleuradesis, performed shortly after diagnosis, and trial. The asbestos companies argued that George, who had worked in asbestos-saturated powerhouses for 40 years, did not have mesothelioma. The last remaining defendant settled after one day of jury selection.

The settling parties included, in no particular order:

A. W. Chesterton
Babcock & Wilcox
Center for Claims Resolution
Cleaver Brooks
Combustion Engineering
Courter & Company
Foster Wheeler
Garlock/Anchor Packing
General Electric
Georgia Pacific
Guyon General Piping
I.M.O. Industries
Ingersoll Rand
Kaiser Aluminum
Owens Corning
Owens Illinois
Pittsburgh Corning
Porter Hayden
Rapid American
Raymark Industries
Robert A. Keasbey
US Mineral
Weil McLain
Worthington Industries, Inc.

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Every case is different. Similar results may not be obtained in your case.
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