Meirowitz & Wasserberg Secures the Largest Asbestos Verdict in Massachusetts History Against Cimbar Performance Minerals

BOSTON, Sept. 18, 2024 /PRNewswire/ -- Meirowitz & Wasserberg is proud to announce a groundbreaking verdict in favor of Bryce and Diane Zundel, against Cimbar Performance Minerals. On September 13, 2024, in a first-of-its-kind compelling talc trial that showcased the expertise and dedication of our legal team, a Boston jury awarded the Zundels a total of $39,081,142.00.

The award includes:

• $3,000,000.00 for Bryce's past pain and suffering
• $21,500,000.00 for Bryce's future pain and suffering
• $1,500,000.00 for Diane's past loss of consortium
• $10,750,000.00 for Diane's future loss of consortium
• $925,000.00 for past medical expenses
• $925,000.00 for future medical expenses
• $481,142.00 in economic damages

This landmark verdict comes in the wake of Bryce Zundel's tragic diagnosis of biphasic malignant mesothelioma, which followed his medical provider's use of "Sterile Talc Powder" in a talc pleurodesis procedure years earlier. Despite the FDA approval of the talc used in the 2014 procedure, attorney investigations revealed that the talc supplied by Cimbar contained asbestos, leading to Bryce's diagnosis of mesothelioma, a condition which Cimbar acknowledged at trial would be terminal for Mr. Zundel.

The trial team, led by the uniquely talented Danny R. Kraft of Meirowitz & Wasserberg, achieved this significant verdict through relentless advocacy and strategic litigation. Mr. Kraft handled opening arguments, closing arguments, and every single witness that was a part of the trial. The trial team included Mark Linder & Darron Berquist of The Lanier Law Firm, local counsel Chris Duffy, with invaluable support provided by The Lanier Law Firm's staff and Ed Smith. The plaintiffs, Bryce and Diane Zundel, were and are currently represented by Mark Lanier's law firm, as well as Duffy law, and trial counsel Meirowitz & Wasserberg. Mark Linder and Darron Berquist from The Lanier Law Firm spearheaded all of the pre-trial workup of the case and were co-lead trial counsel with Kraft.

Danny Kraft's exceptional skills were evident throughout the trial, particularly during his direct and cross examinations of the medical and scientific experts, as well as his powerful closing arguments. His compelling courtroom presence and meticulous preparation ensured that Cimbar's COO, who was present daily, was confronted with undeniable evidence of liability.

This verdict represents the result of the first ever mesothelioma trial involving the use of talc in a medical procedure. It underscores the dedication and expertise of Meirowitz & Wasserberg in championing the rights of those affected by corporate negligence. We are proud to associate with The Lanier Law Firm, and Duffy Law, both of whom share our commitment to justice. This victory is a testament to the unwavering resolve of the entire team and their tireless pursuit of justice for our clients. Meirowitz & Wasserberg remains committed to holding accountable those responsible for harm and achieving equitable outcomes for the clients we represent.

Media Contact:
Daniel Wasserberg
713-539-9474
[email protected]

SOURCE Meirowitz & Wasserberg, LLP

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