Federal Judge Awards $12 Mil. in Meso Case, Bases Interest Amount On Injury Accrual, Not Exposure

NEW YORK - A plaintiff's injury began accruing the day a cell analysis was highly suggestive that he suffered from epithelial mesothelioma, the U.S. District Court for the Southern District of New York has ruled, awarding the plaintiff nearly $12 million in damages and pre- and post-judgment interest. Caruolo v. AC&S, et al., No. 93cv3752 (S.D. N.Y.).

In his Feb. 13 decision, Judge Robert Sweet rejected Paul Caruolo's proposition that the date of accrual reflect his initial exposure to asbestos, using instead the discovery rule for latent injuries as outlined in Rhode Island law.

Caruolo and his wife filed a …