Michael C. Wagner v. Aerco International, Inc. et al.

Case Background

On August 16, 2021, Plaintiff Michael C Wagner and Karen Wagnerfiled a Product Liability lawsuit (asbestos lawsuit) in the New York Supreme Court (Case number: 190169/2021). Judge Lyle E. Frank presided over the case.

Cause

Plaintiff Michael Wagner, a mechanic, alleged exposure to asbestos from products made, sold, and/or distributed by various entities throughout his life. Following the defendants' petitions for summary judgment, some cases were dismissed, and others settled out of court. Ultimately, North American Honda Motor Co. Inc. (Nissan) remained as the sole defendant in the case.

Injuries

Michael C. Wagner suffered from mesothelioma, a rare and aggressive cancer typically caused by asbestos exposure. The disease caused him immense physical pain, mental anguish, emotional trauma, and anxiety. His ability to participate in life activities, enjoy family life, engage in employment, and fulfill civic duties significantly impaired. Furthermore, his life expectancy shortened due to the severity of the illness.

Damages

As a consequence of the mesothelioma diagnosis, the Plaintiff incurred extensive medical expenses for treatments, including surgery, drugs, and hospitalization. His earning capacity severely diminished due to his deteriorating health. The physical and emotional toll further led to a loss of enjoyment of life. The Plaintiff’s spouse,Karen Wagner, also claimed damages for loss of consortium, companionship, and support resulting from her husband's illness. Both Plaintiffs seek compensatory damages to cover medical costs, lost income, and emotional distress, alongside punitive damages against the Defendants for their reckless and malicious conduct.

Key Arguments and Proceedings

Legal representation

• Plaintiff(s):Michael C Wagner | Karen Wagner
  • Counsel for Plaintiff: Thomas M. Comerford| Patti Lynn Burshtyn | Alani Golanski | Jason Peter Weinstein | Pierre Alex Ratzki | Jamie Leigh Mattera | Ilya Kharkover
  • Experts for Plaintiff(s): Jerrold Abraham, M.D. | Charles William Ay | R. Mark Bailey, PG | Arnold Brody, Ph.D. | Barry Castleman, Sc.D. | Steven P. Compton, Ph.D. | Christopher DePasquale, MPH, CIH | William (Bill) Egeland | Sean Fitzgerald, P.G. | Douglas B. Flieder, M.D. | Arthur Frank, M.D., Ph.D. | Kenneth Garza, CIH | Joan Gil, M.D. | Markellis Ginsburg, M.D., FACS, FCCP | Ronald Gordon, Ph.D. | Steven E. Haber, M.D. | Robert Lautin, M.D. |