On February 16, 2016, Munir Seen, then 66 years old, was diagnosed with mesothelioma. He’d been exposed to to asbestos working as a drywall installer in the metropolitan area on a regular basis for about 20 years since 1965,

In 2018, Mr. Seen sued 26 different companies claiming their products caused his mesothelioma. After a bankruptcy stay was lifted, in 2019 he also sued Kaiser Gypsum Company, Inc. (“Kaiser”) claiming that its dry joint compound created asbestos-contaminated dust to which he was exposed.

Mr. Seen died from mesothelioma on July 2, 2019.

The lawsuit proceeded to trial against Kaiser only after the other defendants settled, were dismissed or were otherwise let out of the case. On July 15, 2022, a Manhattan jury found Kaiser was negligent in its failure to warn of its dangerous product. The jury awarded pre-death pain and suffering damages in the sum of $15,000,000 (43 months).

The trial judge declined to modify the award but, on appeal, in Seen v. 84 Lumber Co. (1st Dept. 2024), the award has been reduced to $10,000,000.

Here are the injury details:

• In the weeks before his diagnosis – fatigue, back pain and shortness of breath resulting in an 11 day hospitalization
• Two surgical procedures – one after his lung collapsed (pleural effusion) to remove extensive fluid and the other to prevent fluid from developing
• Throughout the 43 months – continuing shortness of breath, constant debilitating pain requiring narcotic pain killers and extreme weight loss (it was too painful to eat)
• Tumor that invaded his chest wall causing excruciating pain
• Severe constipation resulting in hospitalization and numerous humiliating fecal accidents
• Two bouts of pneumonia in March and May 2019 after which he was discharged to hospice care on 5/30/19
• Emotional distress including humiliation, loss of dignity and fear of impending death

After his initial hospitalization, Mr. Seen returned to work as a security guard until March of 2019. The defense argued, unsuccessfully, that therefore Mr. Seen’s pain did not last all 43 months after his diagnosis.

Inside Information:

• Mr. Seen is survived by a very close and loving family including two adult children and four grandchildren.
• The jury apportioned 70{c9b670b3c77d807bdd7060c9fc0a99121cc6b184676c9335f3481a95c383dd4c} of the fault to Kaiser with the other 30{c9b670b3c77d807bdd7060c9fc0a99121cc6b184676c9335f3481a95c383dd4c} ascribed to Weyerhaeuser Co., which previously settled out of the case.