Research scientist develops mesothelioma after years of working with lab equipment containing asbestos. $16.7M. Los Angeles County.

Summary

Supplier of lab equipment said to be liable for scientist's mesothelioma.

 

The Case

  • Case Name: Kudenov v. Thomas Scientific, Inc.
  • Court and Case Number: Los Angeles Superior Court / 23STCV28807
  • Date of Verdict or Judgment: Thursday, September 19, 2024
  • Date Action was Filed: Tuesday, November 21, 2023
  • Type of Case: Asbestos, Products Liability
  • Judge or Arbitrator(s): Hon. Frederick Shaller
  • Plaintiffs:
    Jerry Kudenov, 77
    Katheryn Kudenov
  • Defendants:
    Thomas Scientific, Inc.
  • Type of Result: Jury Verdict

The Result

  • Gross Verdict or Award: $16,700,000 with defendant Thomas Scientific 50% at fault.
  • Award as to each Defendant:

    The jury found Thomas Scientific, Inc. 50% at fault for Dr. Jerry Kudenov's cancer.

  • Economic Damages:

    $1,200,000

  • Non-Economic Damages:

    Dr. Kudenov: $10,500,000

    Katheryn Kudenov: $5,000,000

     

The Attorneys

  • Attorney for the Plaintiff:

    Weitz & Luxenberg by Venus Burns, Josiah Parker and Brandon DuPree, Los Angeles.

  • Attorney for the Defendant:

    Pond North LLP by Frank Pond and Michael Graham, Los Angeles.

The Experts

  • Plaintiff’s Medical Experts:
    Dr. David Zhang, MD
  • Defendant's Medical Experts:
    Dr. James Crapo, MD
  • Plaintiff's Technical Experts:
    Dr. Steven Compton
    Dr. Gerald Markowitz
  • Defendant's Technical Experts:
    Dr. Ryan Lewis

Facts and Background

  • Facts and Background:

    Dr. Jerry Kudenov spent his career as a research scientist and professor with a focus on biological sciences. He retired from the University of Alaska, Anchorage in 2017. During his career, he worked with asbestos gloves, pads, tongs, boards, clamps and other lab equipment. One of the suppliers of asbestos lab equipment was Thomas Scientific, Inc.

    Plaintiff was diagnosed with peritoneal mesothelioma in March of 2023. Peritoneal mesothelioma is a cancer of the lining of the abdomen caused by exposure to asbestos.

  • Plaintiff's Contentions:

    Plaintiffs contended that Dr. Jerry Kudenov worked with asbestos products supplied by Thomas Scientific, Inc., and that such products contributed to his risk of developing cancer. Plaintiffs further contended Thomas Scientific, Inc. was negligent and unreasonably failed to warn of hazards associated with products they were selling.

  • Defendant's Contentions:

    Defendant Thomas Scientific, Inc. contended exposure to asbestos, if any, from their products did not contribute to Dr. Jerry Kudenov's risk of developing cancer.

Injuries and Other Damages

  • Pain, Suffering, emotional distress, mental anguish, loss of enjoyment of life, loss of consortium.