Harry Chirdon, et al. v. 3M Co., et al

Case Background

Harry and Rae Chirdon filed a mesothelioma lawsuit alleging that he contracted the disease due to occupational asbestos exposure. The case was tried in the Allegheny County Common Please, Pennsylvania. [Case number: GD 22-016244]

Cause

Plaintiff Harry Chirdon worked as a union boilermaker for several contractors from around 1967 to 1988. Chirdon had worked with Defendant Foster Wheeler for approximately 10 weeks during his time as a boilermaker and alleged that his exposure to asbestos at this time had caused his mesothelioma. In November 2022, Chirdon was diagnosed with mesothelioma. This diagnosis made him suspect that his exposure to asbestos occurred during his time as a boilermaker.

Damages

Harry Chirdon sought compensation for his past pain and suffering, humiliation, embarrassment, and loss of enjoyment of life. His wife, Rae Chirdon filed for loss of consortium.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Harry Chirdon | Rae Chirdon
    • Counsel for Plaintiff(s): David B. Halpern | Justin C. Kovic | Andrew J. Balcer | Kenneth R. Behrend
    • Experts for Plaintiff(s): Daniel Dupont | Dr. Ryan Levy
  • Defendant(s): Foster Wheeler LLC
    • Counsel for Defendant(s): John C. McMeekin II | Edward J. Chiodo | Matthew G. Chapman | Maria Katina Karos

Claims

After his diagnosis, Chirdon and his wife, Rae, filed a lawsuit claiming asbestos exposure against more than 50 Defendants. As the case moved forward, claims against nearly all the Defendants were dismissed or settled. This left the engineering firm Foster Wheeler, LLC as the sole remaining Defendant.

Defense

Foster Wheeler argued that they were not responsible for managing safety at Chirdon’s worksite.

Expert Testimony

The Chirdons presented testimony from their retained expert, Dr. Daniel Dupont, and Chirdon’s treating surgeon, Dr. Ryan Levy. In contrast, Foster Wheeler did not present any expert testimony in opposition.

Jury Verdict

On September 26, 2024, a jury found Foster Wheeler negligent. The jury concluded that Foster Wheeler’s negligence contributed to Chirdon’s mesothelioma.

The jury awarded the following damages:

Harry Chirdon:

  • $500,000 for past pain and suffering
  • $500,000 for future pain and suffering
  • $100,000 for past and present embarrassment and humiliation
  • $100,000 for future embarrassment and humiliation
  • $250,000 for past and present loss of enjoyment of life
  • $500,000 for future loss of enjoyment of life

Rae Chirdon:

  • $350,000 for loss of consortium

The jury found Foster Wheeler 100% liable and described its conduct as outrageous. This finding led to a punitive damages phase. On September 27, 2024, the jury awarded $1.5 million in punitive damages in this mesothelioma lawsuit.

Court Documents:

Available for purchase upon request

Press Release:

ZK Law