Navy veterans have brought some of the largest asbestos cases in the country. This page describes several examples that are part of the public court record. They are shared to show how these cases have worked. They are not a prediction of any outcome. There is no cost to speak with us about your service history.
What Navy asbestos cases usually look like
Most mesothelioma claims are resolved through settlements, not trials. Across all asbestos claims, the average settlement is often reported at around one million dollars. Settlements for Navy veterans are commonly reported in the range of one to two million dollars. Trial verdicts are less common and vary widely. A few have reached tens of millions of dollars, but those are the exception, not the typical result.
A large jury number is also not the same as what any one company pays. Juries often divide responsibility among several companies, and awards are frequently reduced or adjusted after trial.
This is an example of how one case resolved. It is not a prediction or guarantee of any result. Every case is different. The outcome of any claim depends on the diagnosis, the service and work history, and which companies are found responsible. Settlement amounts in asbestos cases are often confidential and are not made public.
Examples from the public record
A Navy boiler tender, 32 million dollars (New York)
In a case in the Supreme Court of New York, New York County, a Navy veteran who served as a boiler tender aboard seven ships between 1960 and 1977 was awarded 32 million dollars after a diagnosis of pleural mesothelioma. The jury found he was exposed while repairing valves, which involved removing and replacing asbestos lagging, gaskets, and packing. This case, known as Dummitt v. A.W. Chesterton, later became a well-known New York decision on a manufacturer’s duty to warn.
A Navy machinist mate, 70.8 million dollars (New York)
A Navy veteran who served as a machinist mate and nuclear inspector aboard submarines from 1964 to 1990 was awarded about 70.8 million dollars after developing mesothelioma. The jury found a gasket maker negligent for failing to warn about its asbestos products. The same verdict assigned that company a 3 percent share of responsibility, which shows how a large total can be divided among many parties.
A Navy boiler tender and fireman, 40.1 million dollars (New York)
A Navy veteran who served as a boiler tender and fireman aboard seven ships over about 20 years was awarded 40.1 million dollars. The case involved asbestos gaskets handled throughout his service.
A Navy shipyard worker, 6.5 million dollars (2016)
A worker who developed mesothelioma after exposure to asbestos gaskets at the Norfolk Naval Shipyard was awarded 6.5 million dollars.
What these cases have in common
In each example, the exposure traced back to common shipboard materials: gaskets, packing, valves, and insulation in engine and boiler spaces. To see where this exposure happened, see asbestos on Navy ships, shipyard asbestos exposure, and Navy veteran asbestos exposure. For one example of how a single claim was resolved, see the Navy veteran mesothelioma settlement example.
Trust funds, lawsuits, and VA benefits
Some asbestos manufacturers went bankrupt and set up trust funds. A claim against a trust is filed separately from a lawsuit. Other companies, including some gasket and valve makers in these cases, remained in business and were sued directly. A veteran may have more than one option at the same time. See the asbestos trust funds directory.
VA benefits are separate again. A Navy veteran with mesothelioma may qualify for VA disability compensation, and a surviving spouse may qualify for Dependency and Indemnity Compensation. See VA benefits for mesothelioma and filing a VA claim and a trust claim together.
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Frequently asked questions
How much is a Navy veteran mesothelioma case worth?
There is no set amount. Settlements for Navy veterans are commonly reported in the range of one to two million dollars, and the overall average settlement is often reported near one million dollars. Some trial verdicts have been much higher, but those are uncommon and are often reduced or divided among companies. This is an example of how one case resolved. It is not a prediction or guarantee of any result. Every case is different. The outcome of any claim depends on the diagnosis, the service and work history, and which companies are found responsible. Settlement amounts in asbestos cases are often confidential and are not made public.
Are these verdicts typical?
No. Most cases settle out of court for far less than the largest verdicts. The examples on this page are notable public cases, not typical results.
Can a Navy veteran sue and also file a VA claim?
In many cases, yes. Lawsuits and trust claims are against private companies. VA benefits come from the government. The paths are separate, so a veteran can often pursue more than one at the same time.
What happens if the veteran has already passed away?
A surviving spouse or dependent can often still file. This can include a trust claim, a wrongful death claim, and VA Dependency and Indemnity Compensation.
Sources
- https://www.publichealth.va.gov/exposures/asbestos/
- https://www.benefits.va.gov/COMPENSATION/claims-special-asbestos.asp
- Matter of New York City Asbestos Litigation (Dummitt v. A.W. Chesterton), New York court record: https://law.justia.com/cases/new-york/other-courts/2012/2012-ny-slip-op-51597-u.html