Philadelphia, PA – Two weeks following an attorney representing a mesothelioma victim’s widow sought to go ahead with her punitive damages claim on his client’s behalf in spite of a change in rule which deferred that types of claims in asbestos-related actions, an out-of-court settlement has been reached.
The attorney has filed a motion on 17th April at the Common Pleas Court in Philadelphia (PA) requesting the court specially vacate the General Regulation Number 2013-01 with regard to the deferral of the claims of punitive damages in the case and grant the filing of those claims and backing evidence to the federal jury. On 29th April, according to the court records, the issue had been successfully settled. The settlement amount is not known.
The plaintiff in this case was Ms. Rosemary Checho, the wife of deceased Thomas Checho. Mr. Checho died in 2012 September shortly after he was diagnosed by his doctors with pleural mesothelioma. Pleural mesothelioma is a deadly form of cancer which affects the pleura, the membrane that lines the thoracic cavity (parietal pleura) and covers the lungs (visceral pleura).
According to the plaintiff, her husband developed the deadly asbestos-linked cancer because of his exposure to hazardous asbestos dust and fibers for almost 35 years while working as hot metal typesetting machine operator.
The plaintiff’s attorney said Checho would introduce elicit testimony and evidence which could have shown wanton, willful and reckless conduct of the defendants, especially the companies linked to the typesetting machines with which Mr. Checho worked for more than three decades. The attorney stated that preventing his client from presenting the punitive damages claim of the decedent to the court would be a breach of her legal rights.
Those who have worked with and around the hot metal typesetting machines are at the risk of developing dangerous asbesots-related diseases. The machine eliminated the requirement of manual typesetting and was extensively used by newspaper companies and book companies. A report says at least 100000 such machines had been sold until year 1954.
As the machine used metal parts and created a high degree of heat, the makers of the machine had to insulate the parts effectively. Asbestos was very popular those days as an insulating material due to its excellent resistance against heat and fire. So asbestos was placed between the parts of the machine for reducing the risk of fire and overheating.