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City couple win $3.8 million verdict for asbestos exposure

An Altoona couple won a nearly $4 million verdict after a jury found the husband’s former employer neglected to protect employees from asbestos exposure.

Harry and Rae Chirdon were awarded a total verdict of $3.8 million, including $2.3 million in compensatory damages and $1.5 million in punitive damages from Foster Wheeler Corp.

The case, Chirdon v. Foster Wheeler, was tried before Judge Arnold Klein of the Allegheny County Court of Common Pleas.

The couple were represented by the Halpern Law Firm.

According to case information, Harry Chirdon worked as a boilermaker for several decades and was employed by Foster Wheeler for about 10 weeks during his career.

Harry Chirdon, 76, who retired and spent time volunteering by driving children from the Amish communities to a hospital in Philadelphia, was treated at UPMC, where he underwent a surgical resection of his left lung. He was diagnosed with an incurable cancer, mesothelioma, caused by previous exposure to asbestos.

Foster Wheeler Corp. provides engineering services, manufacturing boilers and servicing boilers throughout the United States and around the world, according to a pre-trial statement, which added that employees worked at sites where asbestos exposure occurred.

During the trial last month, Foster Wheeler called no expert witnesses, while the Halpern Law Firm supported the Chirdons with testimonies from retained expert Dr. Daniel Dupont and Harry Chirdon’s treating surgeon, Dr. Ryan Levy, according to a news release.

After nearly a weeklong trial, the jury held Foster Wheeler 100% responsible for Harry Chirdon’s cancer after attorney Chris Madeksho argued that the company neglected its duty to ensure proper safety regarding asbestos exposure for its employees. Madeksho presented evidence showing that Foster Wheeler failed to adhere to OSHA regulations, the release stated.

Foster Wheeler, represented by Rawle & Henderson, denied there was asbestos at the site where Harry Chirdon worked and claimed other companies that owned the site were responsible for the site’s safety.

The jury announced its verdict Sept. 26.

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