Meirowitz & Wasserberg Tests Marriage Equality Publicly with First Known Same Sex Marriage Mesothelioma Jury Trial

NEW YORK, Feb. 14, 2023 /PRNewswire/ — Meirowitz & Wasserberg, LLP (“M&W”) is proud to announce that after picking a jury and starting a trial in a wrongful death mesothelioma case in Chicago, the firm was able to successfully resolve the case against the last remaining defendant, Thomas Scientific, Inc. The decedent, Don Spivak, was a psychiatrist who made the world a better place by helping people manage life’s obstacles. Significantly, M&W believes this to be the first ever same sex marriage mesothelioma jury trial. Dr. Don Spivak had initiated the case after his diagnosis, and Don’s surviving husband Peter Berg continued with the case after Don passed. The case was worked up from inception until pre-trial by Partners Daniel Wasserberg and Perry Shusterman. The case was tried by Danny Kraft and Perry Shusterman, along with their local counsel Nathaniel Wallace of the Vogelzang Law Firm. Vogelzang Law’s staff in Chicago also made enormous contributions to the trial, working late into the night in order to help bring justice to Dr. Spivak’s family. Lead trial counsel Danny Kraft had to carefully pick a jury that would give Dr. Spivak’s surviving spouse Peter Berg a fair shot at obtaining justice for his husband. Kraft opened the trial with these powerful words: “On November 23rd, 2021, our world became a less good place, and that’s because Don Spivak died that day at age 73. He didn’t die of natural causes. He died of malignant pleural mesothelioma, a form of cancer that is only caused by exposure to asbestos.” 

After the trial, Perry Shusterman candidly admitted, “This was a tough case for a variety of reasons. Dr. Spivak is not the average asbestos client. He was a psychiatrist who did not have the usual exposures of a plumber, pipefitter, or other tradesman. Despite inherent challenges in this case, we were able to identify how he was exposed to asbestos. Having seen what he went through at the end stage of his life made me believe we needed to tell his story to a jury. I am glad we were able to obtain a result that lessened his family’s sorrow during this difficult period.” When asked for his take on the case, Daniel Wasserberg didn’t hold back, “most law firms would not have gone to trial in this case because of the high level of difficulty, but at M&W we believe that all men and women are created equal, including the right to marry whomever you want. Don Spivak was a loving husband and father who was deprived of the Pursuit of Happiness, and ultimately, his Life. He should still be here with us [making the world a better place] today.” 

Meirowitz & Wasserberg believes that what makes each case special is not the facts or the law, it’s the person that the case is about. The firm specializes in asbestos litigation, handling cancer cases from coast to coast, all across the nation.

Media Contact:
Daniel Wasserberg

SOURCE Meirowitz & Wasserberg, LLP