A South Carolina jury awarded $32 million to the family of Kathy Lynn Weist, who developed mesothelioma after secondhand exposure to asbestos carried home on family members’ work clothes.
The September 2021 verdict followed a four-day trial against Kraft Heinz and Metal Masters Inc. Jurors awarded $22 million in compensatory damages from both companies and an additional $10 million in punitive damages against Kraft Heinz.
For attorney Dan Wasserberg of Meirowitz & Wasserberg, the case began long before the jury entered the courtroom. The firm is known for its aggressive, detail-driven asbestos litigation work and has secured numerous significant mesothelioma verdicts and settlements for families across the country.
Moving Quickly to Preserve Kathy’s Story
Kathy came to Meirowitz & Wasserberg during the early days of the COVID-19 pandemic. Her husband, Bob, was considering several law firms at the time.
Wasserberg recognized that Kathy’s health could change quickly and urged the family not to wait.
“We had met in February of 2020, and around March 15, with the pandemic setting in, I said to her husband, ‘This is about to get really tricky, I know that your wife is okay right now, but we really need to move fast because you never know what will happen,’” Wasserberg recalled.
After the family hired the firm, Wasserberg conducted a video deposition with Kathy over Zoom to preserve her testimony for trial.
Kathy’s family lives in South Carolina, but she traveled to Boston for mesothelioma treatment.
“We got her deposition done. She went back up to Boston. She had surgery. She got a blood clot on the flight down, and she never recovered, and she died,” Wasserberg said. “It was so fast, and she was so young; everyone was heartbroken.”
The video deposition ensured Kathy could still tell her own story even after her death.
“I was so glad that Bob trusted me to move quickly and to get her deposition done,” Wasserberg said.
Investigating How Kathy Was Exposed to Asbestos
Determining how Kathy encountered asbestos required Wasserberg and his team to dig deeply into her family’s work history and potential exposure sources.
Kathy initially believed Christmas tree flocking might have been responsible for her exposure, but the years did not align. But Wasserberg began asking about her father’s occupation and learned he had worked as a pipe fitter and insulator.
Kathy remembered her father returning from work covered in white dust. She hugged him, rode in the family car and helped with the family’s laundry — all potential routes for secondhand asbestos exposure.
The investigation also uncovered work performed at a Louis Rich turkey processing facility owned by Kraft Heinz. Bob had also worked there alongside Kathy’s father.
Ultimately, jurors found Kraft Heinz and Metal Masters negligent and determined their conduct was a proximate cause of Kathy’s mesothelioma. The $32 million award included damages for Kathy, her wrongful death and Bob’s loss of consortium.
A Track Record of Results in Mesothelioma Litigation
The result in Kathy’s case reflects Meirowitz & Wasserberg’s broader reputation in asbestos and mesothelioma litigation. The firm has built a national practice representing victims of asbestos exposure and their families, securing substantial verdicts and settlements in cases involving occupational and secondhand exposure, along with corporate negligence.
In addition to this South Carolina verdict, the firm has been involved in other significant mesothelioma recoveries across the country, including multi-million-dollar outcomes in cases against major industrial manufacturers and premises liability defendants. Their work often focuses on uncovering long-buried exposure histories and holding companies accountable decades after the original harm occurred.
A Verdict That Meant More Than Compensation
For Bob, the case was about more than financial compensation. He wanted someone to be held responsible for what happened to his wife.
“I still keep in touch with Bob years later,” Wasserberg said. “He lost the love of his life, but he got what he wanted, which is that he got a jury to say that somebody was responsible.”
The loss remained deeply personal for Bob throughout the litigation. Wasserberg remembered Bob’s testimony of sitting in a cafe having breakfast alone, watching couples walk hand-in-hand outside. He missed the simple companionship of holding his wife’s hand and walking her to the car. He expressed grief that he would never share those moments again.
“The love that he had for his wife was not in question at any point,” Wasserberg said.
The trial team included Bonnie Steinwolf and Kush Shukla of Meirowitz & Wasserberg. After four days of trial, the jury returned a unanimous verdict for Kathy’s family.
The late-night verdict led to an understated celebration outside the courtroom.
“We ordered Burger King; it may have been the only place we could get food from at that time,” Wasserberg said. “And we celebrated there outside of the courtroom.”
