The Missouri mesothelioma lawyers at the O’Brien Law Firm take special pride in going the extra mile for their clients. Make no mistake—securing fair compensation for those harmed by asbestos exposure can feel like a prolonged war. Setbacks are part of the process, and not every battle can be won.
What sets our firm apart is the determination to keep pushing forward, even after a difficult loss. When a battle does not go as expected, the O’Brien Law Firm doubles down. We are committed to winning the next battle, and ultimately, the war for our mesothelioma clients.
Missouri Supreme Court Ruling Halts Enhanced Benefit Claim
In a recent mesothelioma case, after great wins against several co-defendants, we lost one of the battles against our client’s longtime employer, a now defunct St. Louis-area dairy. Our mesothelioma client was a maintenance mechanic who suffered from asbestos exposure while working for decades on mechanical equipment used in the dairy plant.
A Missouri appellate court correctly ruled in favor of allowing an enhanced benefit claim to proceed against the dissolved dairy company. However, the Missouri Supreme Court disagreed, holding that the dairy could not be held liable in a mesothelioma claim, even though it carried workers’ compensation insurance at the time of the exposure. The Missouri Supreme Court’s decision strangely ignored the plain language of the enhanced benefit statute, resulting in a very frustrating and undeserved setback.
Persistence Pays Off in Mesothelioma Case
The O’Brien Law Firm did not throw in the towel. After the Missouri Supreme Court’s questionable ruling, we turned this loss into a win.
We argued that because the dairy farm did not elect to accept mesothelioma liability in the workers’ compensation system, the dairy had waived any protection from being sued by employees in civil court. In St. Louis Circuit Court, we argued that an old insurance policy that our lawyers unearthed covered the dairy. We had a defendant ad litem appointed for the dissolved company and proceeded against the dairy. It took some time, but the case against the dairy farm and its insurer resolved in March 2025 for a significant sum.
While the first battle did not go our client’s way, the final battle did.
Building Momentum With New Legal Victories
The legal theory used to win the battle for our maintenance mechanic client has now resulted in three other wins against employers for different Missouri mesothelioma clients. These wins have resulted in significant settlements, well into six figures, against just a single defendant in multi-defendant cases. More wins like these are on the horizon.
Take Action With the O’Brien Law Firm
The O’Brien Law Firm strongly believes there is no better team to represent Missouri mesothelioma and asbestos-caused lung cancer victims. We aren’t afraid of taking tough cases, and we don’t give up if a battle is lost. When justice is on the line, we press forward. Every client deserves just compensation, no matter how difficult the road.
If you’re facing a mesothelioma or asbestos-related lung cancer diagnosis, don’t wait. Let the O’Brien Law Firm advocate for your rights. Call us at (314) 588-0558 or contact us online to get started!