$117M Asbestos Verdict Sets New York Record
A jury awarded $117M to a sheet metal worker exposed to asbestos at the original World Trade Center, the largest such verdict in New York history.
A New York jury awarded $117 million to a sheet metal worker who developed mesothelioma after being exposed to asbestos at the original World Trade Center in the 1970s. The verdict is the largest single-plaintiff asbestos award in New York state history.
Brittany Russell, a 2013 Fordham Law graduate and associate attorney at Weitz & Luxenberg, tried the case. Her client was hired to install air ducts at the World Trade Center shortly after New York City’s Environmental Protection Agency enacted regulations requiring extensive safety precautions for spraying asbestos.
Contractor Cited for Violations
During the first five days those regulations were in effect, the contractor Mario & Di Bono received five criminal court summonses for spraying asbestos-containing fireproofing materials at the World Trade Center without the required protections.
Russell argued that her client’s exposure during that period was substantial and direct.
“There’s no safe level of exposure to asbestos, and this exposure is probably the biggest exposure my client had in his life,” Russell said. “There’s no other cause of mesothelioma. It’s a man-made cancer.”
World Trade Center Construction and Asbestos
Asbestos-containing fireproofing materials were used extensively in large construction projects during the 1960s and 1970s, including during early construction phases of the original World Trade Center in Lower Manhattan. Workers across multiple trades, including sheet metal workers, electricians, and ironworkers, were present on job sites where asbestos was sprayed or disturbed.
New York City moved to regulate asbestos spraying in the early 1970s, but enforcement was inconsistent in the earliest days of those rules, as the summonses issued to Mario & Di Bono illustrate.
Record-Setting Award
The $117 million verdict surpasses prior single-plaintiff asbestos awards in New York state courts. Russell has represented people with mesothelioma since graduating from Fordham Law in 2013. She practices at Weitz & Luxenberg, a firm with extensive experience in asbestos and toxic tort litigation.
References
Fordham Law News. (2025-07-02). Fordham Law Alumna Brittany Russell '13 Wins Largest Single-Plaintiff Asbestos Verdict in New York State History.
https://news.law.fordham.edu/blog/2025/07/02/fordham-law-alumna-brittany-russell-13-wins-largest-single-plaintiff-asbestos-verdict-in-new-york-state-history/
Reader Q&A
Frequently Asked Questions
What is the significance of this verdict?
The $117 million award is the largest single-plaintiff asbestos verdict in New York state history. It was won on behalf of a sheet metal worker who developed mesothelioma following asbestos exposure at the original World Trade Center.
What caused the plaintiff's mesothelioma?
The plaintiff’s attorney argued that asbestos exposure during air duct installation at the original World Trade Center in the 1970s was the primary cause. The contractor on site, Mario & Di Bono, was cited five times for spraying asbestos-containing materials without required protections.
What is mesothelioma?
Mesothelioma is a cancer that forms in the lining of the lungs, abdomen, or heart. It is caused almost exclusively by asbestos exposure. Symptoms typically emerge decades after initial exposure, which makes early detection difficult.
Who tried the case?
Brittany Russell, an associate attorney at Weitz & Luxenberg and a 2013 graduate of Fordham Law School, tried the case to verdict.
What is the average payout for an asbestos claim?
Average payouts for asbestos claims vary by disease type and resolution method. People with mesothelioma typically receive $1 million to $2.4 million in lawsuit settlements from multiple defendants, plus $300,000 to $400,000 from trust funds. Asbestos-related lung cancer claims average $250,000 overall, while non-malignant conditions like asbestosis yield $10,000 to $50,000. Trial verdicts for mesothelioma average $5 million to $11.4 million but are less common than settlements. These figures reflect reported trends from law firm data as of 2026.
What famous person died from mesothelioma?
Steve McQueen, a prominent actor known for films like The Great Escape and The Magnificent Seven, died from pleural mesothelioma in 1980 at age 50. His exposure is linked to U.S. Marine service, shipyard work, and possible movie set insulation. Other celebrities who died from mesothelioma include musician Warren Zevon (2003), actor Ed Lauter (2013), and NFL player Merlin Olsen. Paleontologist Stephen Jay Gould survived peritoneal mesothelioma for 20 years before dying from unrelated lung cancer in 2002.
Is mesothelioma one of the worst cancers?
Mesothelioma ranks among the deadliest cancers due to its low 5-year survival rate of 7.2-12% across stages, lower than most others except pancreatic cancer at 7.3%. Localized pleural mesothelioma, the most common type affecting over 75-80% of people with the disease, has a 20% 5-year survival rate, dropping to 8% for distant spread. Median life expectancy after diagnosis ranges from 12-21 months with treatment, often shorter without it, reflecting its aggressive nature linked to asbestos exposure. Factors like stage at diagnosis and treatment access influence individual outcomes.
Which state has the most asbestos?
California has the most asbestos of any U.S. state, with naturally occurring asbestos deposits in 42 of its 58 counties and a total of 290 documented natural asbestos occurrences. The state’s geology, combined with its history of mining operations, construction projects, and military installations, has created widespread exposure risks. Between 1999 and 2022, California recorded 7,736 mesothelioma diagnoses, more than any other state. Other states with significant asbestos presence include Pennsylvania, North Carolina, and several western states with naturally occurring deposits in mountainous regions.