Manufacturers of asbestos-containing products, such as joint compound, routinely attempt to dodge responsibility for injuries caused by their products. Prior to the late 1970's, manufacturers incorporated asbestos into both traditional dry mixture and ready-mixed joint compound products. Asbestos, after initially inhaled, can lead to the development of mesothelioma and lung cancer.
The attorneys at Lipsitz & Ponterio take this issue very seriously. We have a detailed product library that assists our attorneys in prosecuting joint compound cases. We seek favorable results for our clients and hold manufacturers responsible for their share of the damages. Our attorneys are victorious in defeating joint compound manufacturers' efforts to avoid responsibility for injuries their products have caused.
Convertino v. Union Carbide, Saratoga County Supreme Court, Index No. 2006-1322
Our client, a 53-year-old former electrician's helper, developed mesothelioma as a result of his work with joint compound manufactured by Georgia Pacific. Defendant Union Carbide, a sophisticated international chemical company, supplied George Pacific with the asbestos that it incorporated into its joint compound products. Union Carbide attempted to escape liability for its asbestos by arguing that the fault lay entirely with Georgia Pacific. Nonetheless, Lipsitz & Ponterio was able to obtain a favorable result for our client and hold Union Carbide responsible for its share of the damage.
Olin v. A.P. Green Industries, Oswego County Supreme Court, Index No. 2001-5992
Lipsitz & Ponterio represented the family of a 58-year-old worker who was exposed to joint compound in the course of performing construction work on his home. Our client suffered from an unusual form of cancer called peritoneal mesothelioma. The defendant joint compound company, Kaiser Gypsum, hired an expert who claimed that exposure to their products could cause the more common pleural mesothelioma, but could not cause peritoneal mesothelioma. Lipsitz & Ponterio retained leading experts in the medical field to explain the science behind our client's illness, and ultimately defeated the company's attempt to keep our client's case out of court.
Kazmar v. Georgia Pacific, Erie County Supreme Court, Index No. 2001-9946
In this case, the plaintiff, a woman in her 40's represented by Joseph Kremer, Esq., contracted mesothelioma as a result of childhood exposure to asbestos building materials, including Georgia Pacific joint compound. The plaintiff had suffered from lymphoma earlier in life, and Georgia Pacific hired an expert to argue that her mesothelioma arose from radiation therapy, rather than from asbestos exposure. The Court found that Georgia Pacific's scientific theory constituted an unproven hypothesis. The Court also forbade Georgia Pacific from arguing the scientifically unfounded claim that their asbestos cannot cause mesothelioma.