Testicular mesothelioma is the most rare and mysterious form of Mesothelioma. To date our firm has not dealt with any cases of this type. We are not aware of any specific cases occurring in Canada. We would appreciate hearing details of any person who may have been diagnosed with this condition. There have only been about 100 reported cases world wide of this cancer, which of course, would only strike male victims. Testicular Mesothelioma is a type of cancer in the membrane lining of the testes. It is not known how testicular mesothelioma develops or why, but presumably it is related to ingestion of asbestos particles into the body. Most victims have been over 50 years old but there are cases of victims in their 20s. Victims usually develop a lump on one of their testicles which is sometimes confused with a hernia. It is actually the most treatable form of Mesothelioma and victims if properly diagnosed and treated have a high chance of survival.
A US case in 2019 involving an oil refinery worker led to a $25 million dollar verdict in compensatory damages. Upon hearing the suffering that the worked endured the jury awarded him $14 million for his past and future paint, and $11 million to his wife. Unfortunately in Canada we do not see these type of results in court. Pain and suffering damages are capped in Canada and we do not see such large awards.
Provincial Workers’ Compensation Boards often limit the ability to sue an employer, other employees working for the same employer, or any other Schedule 1 employer or their employees. In Ontario, The Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Sched. A. (WSIA) contains some important provisions which may act to preclude a plaintiff from bringing a claim against certain defendants.
Most mesothelioma victims are diagnosed with pleural mesothelioma, involving the lining of the lungs. In rare circumstances there are other forms of the disease such as peritoneal, within the lining of the abdominal cavity and pericardial within the lining around the heart.