Weitz & Luxenberg won a $16.7 million jury award for Dr. Jerry and Ms. Kathryn Kudenov in their asbestos exposure lawsuit against Thomas Scientific. The Los Angeles jury of 12 determined Thomas Scientific, a seller of lab equipment, was 50% liable for Dr. Kudenov’s life-threatening illness. He was diagnosed with peritoneal mesothelioma in 2023.
“The Kudenovs are such a loving couple,” says Venus Burns, the lead trial attorney for this case and lead trial attorney of our firm’s Los Angeles office. “They are childhood sweethearts and have been together for more than 50 years. You can tell how much they care for each other. I’m so thankful the jury recognized the grievous harm they’ve suffered and returned a just verdict,” adds Ms. Burns.
“What a privilege it is to represent great people like the Kudenov family,” expresses Benno Ashrafi, managing partner of our firm’s Los Angeles office.
The jury awarded Dr. Kudenov non-economic damages of $10.5 million. Ms. Kudenov received $5 million in non-economic damages for loss of consortium. In California, this special category refers to companionship. In addition, the Kudenovs were awarded economic damages totaling $1.2 million.
This case came up for trial in early September 2024. Jury selection began on September 3. The jury delivered its verdict on September 19.
W&L’s Success for Our Clients Was a Team Effort
In addition to Ms. Burns, our legal firm’s trial team included attorneys Josiah Parker, and Brandon DuPree. All three are members of W&L’s mesothelioma and asbestos litigation unit and based in our Los Angeles office.
Ms. Burns made decisive jury selection decisions that proved to be ultimately critical to the outcome of the case. In addition to a heartfelt opening statement, she was responsible for handling the majority of the witnesses on direct and cross examination. Finally, Ms. Burns delivered an excellent closing argument, which resulted in plaintiffs victory and reward.
Mr. Parker’s role as one of the lead attorneys included putting on witnesses, cross-examining experts, doing the motion work, helping prepare all witness exams, and assisting with crafting the opening and closing arguments. “I’m proud to be able to help such a deserving couple get justice for the injuries they suffered. This recognition by the jury of what the Kudenovs suffered makes all our efforts worthwhile,” he insists.
Mr. DuPree was the case managing attorney and responsible for calling the Kudenov’s son as a damages witness. This played a crucial role in winning the legal case. He points out, “We began with my initial visit with Jerry and Kathy in Alaska. Then I took their depositions in North Carolina, where they moved to get Jerry treatment at Duke Medical Center. And then the actual trial was in California. So, in a way, we’ve traveled the world together and won this verdict 365 days to the day we first met.”
Jury Saw Through the Defense
Our team also took the deposition of Thomas Scientific’s person most qualified prior — the “voice” of the defense — to the trial. We played this testimony for the jury. The defense also called expert witnesses.
“Their defense was a common approach,” says Ms. Burns. “They claimed that chrysotile asbestos doesn’t cause peritoneal mesothelioma. They also attacked our client’s credibility, blaming manufacturers and the universities for our client’s mesothelioma diagnosis,” points out Ms. Burns. “But they had assurances in their catalogs about the safety and quality of the products they sold. They knew asbestos was dangerous, yet failed to warn its consumers about the dangers.”
Ms. Burns emphasizes, “We are happy we presented our case so the jury could see through Thomas Scientific’s inconsistencies and unscrupulous business practices. This case was a true team effort on behalf of a very deserving couple.”
University Professor Developed Mesothelioma Due to Asbestos Exposure
Dr. Kudenov, currently in his late 70s, was a professor of marine biology for many years. He was exposed to lab products containing asbestos when he was a student in the late 1960s. After earning multiple degrees and becoming a professor, Dr. Kudenov continued to be exposed to asbestos-containing products while conducting his laboratory work. Over his career, he worked at several universities.
Dr. Kudenov identified multiple different catalog companies that he ordered lab products from throughout the years. One of these was Thomas Scientific.
Our client used Thomas Scientific gloves, clamps, tongs, wire screens, and pads several times between 1968 and the early 1980s. All put his health at risk.
Dr. Kudenov was exposed to asbestos from other company’s products as well.
Asbestos Exposure Comes with Fatal Health Risks
Thomas Scientific’s negligence ultimately contributed to Dr. Kudenov’s peritoneal mesothelioma diagnosis due to exposure to asbestos. Other defendants were named in the original complaint, however, they resolved the case prior to verdict.
Peritoneal mesothelioma is a highly aggressive type of cancer. Part of the reason is because it is difficult to detect peritoneal mesothelioma early. Often, the cancer has already spread throughout your abdominal lining by the time you are diagnosed. (1)
Peritoneal mesothelioma is a rarer type of mesothelioma. Only about 10% to 20% of mesothelioma cases develop in the peritoneum. (2)
There is no cure. Patients can undergo surgery, chemotherapy, and other treatments. People who choose not to undergo treatment generally live only six months to a year. Those who choose to undergo treatment may live two to six years from the time of their diagnosis. (3)
Have you or your loved one suffered complications due to asbestos exposure? Contact us now for a free consultation.
Get a Free Case ReviewW&L Wins Asbestos Exposure Lawsuits
W&L has close to 40 years of experience representing clients who have been harmed by corporate negligence. Since its founding in the mid-1980s, we have made it our mission to help clients secure compensation whenever they have been injured due to asbestos exposure.
Particularly when it comes to asbestos exposure cases, we are determined to hold the worst offenders out there accountable for their grievous actions. We use every legal strategy and tool available to achieve the financial compensation our clients deserve.
Over the years, we have secured more than $19 billion dollars on behalf of our clients injured by the actions of others.
Ms. Burns has been the lead trial attorney for multiple successful trials, including her most recent one, where she won $40 million for another family, who lost their husband and father due to mesothelioma cancer from exposure to asbestos. Mr. Parker was also part of this legal team.
Mr. DuPree was part of a legal team that helped W&L win $43 million for a client in another asbestos exposure cancer case.
