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December 2, 2024

Judge awards $7.5M in punitive damages to CT-based family of engineer who died of mesothelioma

PHOTO | PIXABAY.COM
By Andrew Larson

A Superior Court judge has awarded $7.5 million in punitive damages to the family of an engineer who died of mesothelioma, in a lawsuit against Norwalk-based chemical supplier R.T. Vanderbilt Holding Co.

That’s in addition to a $15 million jury verdict reached in May, after a four-week trial in Bridgeport Superior Court.

The plaintiff, Kathryn Baron, is a Milford resident whose husband, Nicholas Barone, died of mesothelioma in 2023 at 81. She is the executrix of the estate.

Nicholas Barone, who worked for General Electric Co. and Olin Corp., was exposed to asbestos from 1960 to 1979, which contributed to him contracting the deadly form of lung cancer, according to the lawsuit.

The suit alleged that he was exposed from talc supplied by International Talc Co., which was bought by Vanderbilt Minerals LLC, a subsidiary of R.T. Vanderbilt, in 1974.

The company continued producing talc, despite medical and scientific data that “conclusively showed it was hazardous to human health.” That makes it responsible for the man’s death under Connecticut law, according to the suit.

The suit claimed negligence, failure to warn and breach of warranty under state law.

R.T. Vanderbilt denied that it engaged in reckless conduct and argued that it should not have to pay any punitive damages. 

Connecticut law allows punitive damages to be awarded if a plaintiff proves that harm was the result of a product seller's “reckless disregard for the safety of product users, consumers or others.”

“The harm suffered by the plaintiff was immense,” Superior Court Judge William F. Clark wrote in his memorandum of decision. “Mr. Barone suffered and died an agonizing death.”

Barone was represented by attorneys Brian Kenney of New Haven-based Early, Lucarell & Sweeney, along with Benjamin Braly and Sam Iola of Dallas-based Dean Omar Branham Shirley.

“We are pleased that the court recognized the need for significant punitive damages that reflect the severity of Vanderbilt’s continued conduct,” Braly said. “Vanderbilt knowingly exposed thousands of Americans to asbestos through their industrial products for decades. We are grateful that the court recognized this outrageous conduct and provided some measure of justice for the Barone family.”
 

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