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$322M asbestos ruling overturned by Mississippi judge

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The Judicial Update

January 6, 2012

Mississippi: Judge Eddie Bowen's record-breaking $322 million verdict against Union Carbide for asbestos poisoning was dismissed by a new judge on December 27, 2011. The verdict was issued in May and is believed to be the largest amount awarded to a single plaintiff for asbestos poisoning in U.S. history. However, Bowen was removed from the case by the Mississippi Supreme Court in October for possible bias. It was discovered that his father had twice sued The Dow Chemical Company (of which Union Carbide is a wholly owned subsidiary) for asbestosis. His father had also submitted claims against other asbestos companies. William F. Coleman, a retired judge of Smith County, was appointed to the case as a Special Judge.[1] He explained in his order that he was vacating "the judgment, the underlying jury verdict, and all rulings and orders of the former trial judge."[2]


The plaintiff, Tahomas Brown, claims that he contracted "asbestos maladies" from drilling mud while working in the oil and gas industry. Asbestos is used as a thickening agent in such mud. The jury ruled in his favor, though a number of physicians and other experts found no asbestos-related symptoms. There was one medical expert who said that Brown might be entitled to $45,000 in medical expenses. The jury awarded him $22 million, plus $300 million in punitive damages.[3]

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Footnotes