Daley Center Chicago IL
February 27, 2018 By Nikoleta Morales

Tuesday Asbestos Call Recap: Vogelzang Law Compels Deposition & is Granted a ‘Finding of Default’ Motion

Chicago, IL, February 23 at the Daley Center – Vogelzang Law celebrated yet another victory last week. Attorney Wyatt J. Berkover from Vogelzang Law represents the estate of Roger Nelson, plaintiff, who passed away from mesothelioma.  Mr. Nelson was exposed to numerous asbestos-containing products while working as a sheet metal worker leading to his diagnosis and ultimate death from mesothelioma.

The plaintiff had previously requested, and the judge had ordered, that the deposition of Peerless Boilers’ corporate representative be taken regarding what Peerless knew about asbestos, when they knew it and what was done about it.

On last Tuesday at the asbestos call, Peerless Boilers sought relief from that order, claiming that Vogelzang Law already had deposition transcripts that could be used in lieu of a new deposition.  Defendant’s request was summarily denied and Peerless was again ordered by Judge Solganick to produce a corporate representative to testify regarding matters not covered in prior deposition proceedings.

Further, another Vogelzang Law client, Ulrich Huemmerich, saw positive progression in his case. He was diagnosed with biphasic mesothelioma in 2017 due to asbestos exposure while working in the steel industry. A finding of default motion was granted by Judge Solganick due to SMS Concast America Corporation’s failure to answer Vogelzang Law’s complaint within the 28-day allotted response timeframe.

Asbestos is known to be highly carcinogenic and can cause ovarian cancer, laryngeal cancer, clubbed fingers, asbestosis, and lung cancer. It is also the only known cause of mesothelioma, a rare, devastating cancer with no cure. The most common way an individual is exposed to asbestos is in his or her work environment. Due to the prolific use of asbestos in commercial and personal use products during the 1960’s and 1970’s, determining exactly where and when exposure occurred can take some investigation. In general, electricians, plumbers, pipefitters, insulators, boilermakers, bricklayers, ironworkers, and mechanics tend to have high levels of exposure.

Vogelzang Law represents and advocates for individuals who have been diagnosed with cancer as a result of asbestos exposure. With over 16 years of experience in mesothelioma and asbestos litigation, the attorneys of Vogelzang Law have the specialized knowledge and resources needed to litigate complicated cases and the compassion to advocate wholeheartedly for their clients.

Every other Tuesday an Asbestos Call is held at the Daley Center, which serves as the time and place to track the progress of a lawsuit in preparation for the trial date. Going forward, Vogelzang Law will provide bi-weekly Asbestos Call updates.