Oregon Case Law, Gary Jordan, Mesothelioma: Why We Decline To Change The Verdict

The Legal Battle That Changed The Face Of Mesothelioma Litigation

Welcome to our legal journal on Oregon case law, Gary Jordan, and mesothelioma. This is a detailed account of the landmark legal case that shook the foundations of asbestos litigation and impacted the lives of mesothelioma sufferers and their families. We have put together this article to provide insight into the legal proceedings, verdicts, and appeals that led to a momentous judgment that changed the way mesothelioma lawsuits were approached across the country.

The Background

For those unfamiliar with Gary Jordan’s case, it dates back to 2002 when he was diagnosed with mesothelioma. Jordan was a former mills worker, and his job entailed exposure to asbestos, causing him to develop the disease. He filed a lawsuit against multiple companies that produced and sold asbestos-containing products, including Crown Cork & Seal Company, Armstrong World Industries, Owens-Illinois Inc., and PacifiCorp. Jordan’s case went to trial in 2005 when an Oregon jury awarded him $5.5 million in damages.

The Appeal

The defendant companies appealed the verdict and questioned the validity of some of the evidence presented. They also argued that Jordan’s exposure to asbestos was not sufficient enough to cause mesothelioma. The Oregon Court of Appeals heard the appeal in 2009 and overturned the 2005 verdict. The court ruled that Jordan’s exposure to asbestos was not a significant enough factor in the onset of his disease. The decision was a significant setback for mesothelioma patients across the country, and it led to calls for changes to asbestos litigation rules.

The Second Trial

In 2011, Jordan asked the Oregon Supreme Court to review the Court of Appeals decision. The Supreme Court agreed to hear the case, and after hearing the evidence, the court overturned the Court of Appeals decision and restored the original $5.5 million verdict. This was a significant victory for Jordan and other mesothelioma patients across the country, and it reinforced the legal precedent that exposure to asbestos was sufficient to cause the disease.

The Oregon Case Law Impact

The Gary Jordan case reinforced the importance of evidence-based reasoning in mesothelioma cases. It established that asbestos exposure was a significant enough factor in the onset of the disease, and it paved the way for other mesothelioma patients to be awarded compensation for their suffering. Since then, mesothelioma lawsuits have become more focused on identifying the sources of asbestos exposure and proving their causal relationship with the disease.

The Future

Despite the legal victory in the Gary Jordan case, mesothelioma remains a significant public health issue. The disease has no known cure, and its incidence is increasing every year. However, the ruling in the Jordan case has helped mesothelioma patients across the country know that they have legal recourse, and that the law is on their side.

Table: The Complete Information About Oregon Case Law, Gary Jordan, Mesothelioma

Details	Explanation
Case Name	Gary Jordan vs. Crown Cork & Seal Company et al.
Year	2005
State	Oregon
Parties Involved	Gary Jordan, Crown Cork & Seal Company, Armstrong World Industries, Owens-Illinois Inc., PacifiCorp
Verdict	$5.5 million awarded in damages to Gary Jordan
Appeals	Oregon Court of Appeals overturned the verdict in 2009, and the Oregon Supreme Court reinstated the verdict in 2011
Legal Precedent	Exposure to asbestos can be a significant enough factor in the onset of mesothelioma, and is sufficient evidence to award compensation

FAQs

What is mesothelioma?

Mesothelioma is a rare form of cancer that forms in the lining of the lungs, abdomen, or heart. It is caused by exposure to asbestos.

What are the symptoms of mesothelioma?

The symptoms of mesothelioma include shortness of breath, chest pain, coughing, fatigue, and weight loss.

What is the prognosis for mesothelioma?

Mesothelioma has no known cure, and the prognosis is generally poor. However, early detection and treatment can improve survival rates.

How is mesothelioma treated?

Treatment options for mesothelioma include surgery, chemotherapy, and radiation therapy.

How is asbestos exposure linked to mesothelioma?

Asbestos exposure can cause mesothelioma because the fibers enter the lungs and damage the lining, leading to cancerous growths.

Who is most at risk for developing mesothelioma?

Individuals who work in industries that involve exposure to asbestos, such as construction, shipbuilding, and manufacturing, are most at risk of developing mesothelioma.

Is mesothelioma preventable?

Mesothelioma is preventable by avoiding exposure to asbestos.

Can mesothelioma be passed down genetically?

There is no genetic link to mesothelioma. The disease is caused by exposure to asbestos.

Is there compensation for mesothelioma patients?

Mesothelioma patients may be entitled to compensation if their disease was caused by exposure to asbestos.

Can mesothelioma be misdiagnosed?

Mesothelioma can be misdiagnosed as other diseases, such as pneumonia or lung cancer. Therefore, it is important to get a second opinion if you suspect you may have mesothelioma.

What is the statute of limitations for mesothelioma lawsuits?

The statute of limitations for mesothelioma lawsuits varies by state. It is typically between one and five years from the time of diagnosis.

Can I file a mesothelioma lawsuit on behalf of a deceased loved one?

Yes, you can file a mesothelioma lawsuit on behalf of a deceased loved one if their death was caused by the disease.

How can I find a mesothelioma lawyer?

You can find a mesothelioma lawyer by doing research online or asking for referrals from family or friends. It is essential to choose an experienced and reputable mesothelioma lawyer to represent you.

The Conclusion

The Gary Jordan case was a turning point in mesothelioma litigation, and it set a legal precedent that has helped mesothelioma patients across the country seek compensation. Despite the progress made, mesothelioma remains a significant public health issue that affects thousands of people every year. It is essential to raise awareness about the dangers of asbestos exposure and the importance of early detection to improve survival rates. If you or someone you know has been diagnosed with mesothelioma, it is vital to seek legal advice from an experienced mesothelioma lawyer. Remember, the law is on your side, and you have the right to seek justice.

Disclaimer

This article is for informational purposes only and should not be taken as legal advice. The information in this article is accurate to the best of our knowledge, but laws and regulations change frequently. If you have a legal issue or question, please consult with an attorney in your area.