Reflecting on Our Recent Victories
Thoughts from Lead Counsel, Nicholas Vogelzang
With summer fast approaching, we are celebrating two major victories for families we represent that were wrapped up in April. Together, our associate attorneys and team of legal staff successfully advocated on behalf of two mesothelioma patients, Roger Nelson and Zadick Eskenazi, securing much-deserved justice for the two men and their families. Thanks to the dedication and hard work of our entire team, our attorneys were able to hold corporations accountable and bring justice to the clients and their families.
On April 16, attorneys Nicholas Vogelzang, Michael Maienza and Charles Valles successfully settled Roger Nelson’s mesothelioma case before the Honorable Judge Donnelly in Chicago’s Richard J. Daley Center. Roger Nelson, a U.S. Army veteran, worked as a sheet metal apprentice before starting a career in residential heating in Wisconsin and northern Chicago. Mr. Nelson was exposed to asbestos dust via insulation, cement, gaskets, and more in his line of work. He passed away in September 2017 after a six-month battle with mesothelioma. He is survived by three children and his partner, Carol.
In Roger’s case against multiple asbestos product manufacturers, one of the last remaining defendants, Peerless Boilers, argued several motions with plaintiff’s counsel over the course of two days. However, at the end of the second day, with a jury pick looming the next morning, Peerless and plaintiff’s counsel were able to resolve the matter and avoid a trial.
Thanks to the attorneys at Vogelzang Law and their determination to represent the late Mr. Nelson and his family, we were able to secure a settlement that will provide for Roger’s family for years to come.
Our second settlement this month came on April 12. Zadick Eskenazi worked as a chemical engineer for Allied Chemical (now known as Honeywell) in the 1960s, overseeing the repair of pumps, valves, and pipes insulated with asbestos. In March 2017, he was diagnosed with mesothelioma.
Associate attorneys Michael Maienza and Wyatt Berkover worked alongside Nicholas Vogelzang to hold Honeywell accountable through their corporate representative Michael Chunko. While Mr. Chunko confirmed the presence of asbestos at the facility where Mr. Eskenazi worked, he would not confirm that Honeywell knew of the dangers of asbestos-containing products at the time of Mr. Eskenazi’s employment in 1960. Rather, he insisted that only raw fibers of asbestos were a known danger, not asbestos contained within a product. Plaintiff countered that at a minimum, dust masks should have been provided. Despite these strongly opposing views, Vogelzang Law was able to negotiate a successful settlement with Honeywell for the Eskenazi family.
Since his diagnosis, Mr. Eskenazi has been fighting valiantly to continue a normal life. As of his trial date, his most recent treatments have shown incredible success. Treatments are reducing his tumor, enabling Mr. Eskenazi and his wife of 50 years to travel and spend time with their grandchildren. The Eskenazi family has shown great strength and reminded us why it’s so important to advocate for those affected by asbestos.
It is always an honor to have the opportunity to hold corporations responsible for the harm they’ve done to the families we represent. This month’s successes are a great way to begin 2018. The entire Vogelzang Law team is proud of the hard work our attorneys put in on each and every case. It’s been exciting to watch Michael Maienza and Wyatt Berkover grow with our firm and help fight for hard-working families. As our Vogelzang Law family continues to grow, we will push for a larger social change and a world in which asbestos-related diseases are a thing of the past.