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Theodore Camizzi

$2 Million Settlement for Pastor Who Developed Leukemia from Exposure to Paints & Solvents

Case: Theodore and Rhode Camizzi v. Akzo Products, Inc., et al.
LASC Case No. BC 289503
Injury: Leukemia (Acute Myelomonocytic Leukemia with Eosinophilia)
Damages: Past Medical expenses: $825,000
Lifetime Lost wages: $600,000
Result: $2,282,002 settlements

Theodore Camizzi, age 40, has been married to his wife, Rhode, for 11 years and they have three minor children. He has spent most of his life working as a missionary and a pastor of a small church. To make ends meet, Ted spent one year working as an aircraft painter at McDonnell Douglas from 1991 to 1992. Eleven years after he began working at McDonnell Douglas, Ted was diagnosed with Acute Myelomonocytic Leukemia with Eosinophilia, a rare form of leukemia. The Camizzis claimed that Ted’s leukemia was caused by exposure to benzene contaminated paints and solvents that he used at McDonnell Douglas. The Camizzis sued several paint and solvent companies for exposing him to their benzene-containing products which Ted used to clean his paint gun and his hands. None of the paint or solvent products had warning labels indicating that the products contained benzene or that exposure to benzene can cause leukemia.

Defendants contended that their products at most contained trace concentrations of benzene, that exposure to such small amounts of benzene could not cause leukemia, and that they therefore had no duty to warn of the benzene-leukemia hazard. Defendants contended that Mr. Camizzi’s leukemia was idiopathic, i.e., spontaneously induced. They also contended that McDonnell Douglas was a sophisticated intermediary that was aware of the benzene hazard and provided Mr. Camizzi appropriate respiratory and dermal protective equipment. Defendants also contended that they should not be liable because they made their products according to specifications provided by McDonnell Douglas.

A few weeks before trial, Defendant, PRC-Desoto, obtained summary judgment, and Plaintiffs filed an appeal against it, which is presently pending.

After three mediation sessions, the case was resolved against all but four of the remaining defendants. One of these defendants, Chemetall Oakite settled before trial, and the three remaining defendants (the Akzo defendants) settled after Mrs. Camizzi testified at trial that Ted had just received a bone marrow transplant and was at UCLA recovering from the procedure, but would hopefully be well enough to testify before Plaintiffs rested their case.

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