$22 Million Verdict Against Burnham LLC

In June 2016, an 86-year-old man won his lawsuit against Burnham LLC, a manufacturer of boilers. The man, Frank Gondar, was diagnosed with mesothelioma, which he claimed was caused by exposure to asbestos from Burnham’s boilers. According to the suit, Gondar was regularly exposed to asbestos-containing dust from 1953 to 1973 while working on home renovation projects, many of which involved boiler removal. Gondar, who was represented by the New York firm Belluck & Fox, LLP, alleged that Burnham failed to exercise reasonable care because it did not warn him or others of the asbestos hazards associated with its products. The jury agreed and returned a verdict against the company for $22 million.

How the Jury Reached the $22 Million Verdict

The jury’s $22 million award included $12 million for Gondar’s past pain and suffering and $10 million for his future pain and suffering. The jury found Burnham LLC only 25 percent at fault for Gondar’s mesothelioma, with the remaining 75 percent spread among other companies. Burnham was still held responsible for the entire award because the jury found that the company acted with “reckless disregard” for the safety of others.

Under New York law, a defendant found 50 percent or less at fault usually pays only its share of non-economic damages such as pain and suffering. That limit does not apply when the defendant acted with reckless disregard for the safety of others (N.Y. CPLR 1602(7)).

Cases like this are often pursued as mass torts rather than class actions – learn more about the difference between mass tort and class action to understand how your case might be handled.

The verdict was Belluck & Fox’s second against Burnham that month. Earlier in June 2016, founding partner Jordan Fox won a $6.25 million verdict against Burnham in a separate case.

Who Is Burnham LLC?

Burnham LLC is a boiler manufacturer owned by Burnham Holdings, Inc., which is headquartered in Lancaster, Pennsylvania. Burnham Holdings’ brands include U.S. Boiler Company, Burnham Commercial, and Thermal Solutions. The company’s own annual report notes that its subsidiaries have been named as defendants in lawsuits “alleging personal injury arising from exposure to asbestos-containing material allegedly contained in certain boilers manufactured many years ago” (Burnham Holdings 2025 Annual Report).

Asbestos was widely used in boiler insulation, gaskets, and cement because it resists heat. When older boilers were installed, serviced, or torn out, those materials could release asbestos fibers into the air.

Other Asbestos Verdicts Against Burnham

The two June 2016 verdicts were not isolated cases. In Maffei v. A.O. Smith Water Products Co., a New York jury awarded $31.5 million in compensatory damages and $6.5 million in punitive damages over alleged asbestos-related lung cancer. In October 2025, New York’s highest court declined to hear Burnham’s appeal of that verdict, according to Burnham Holdings’ 2025 annual report.

What to Do If You Were Exposed to Asbestos From a Boiler

Mesothelioma is an aggressive cancer, and most cases are linked to asbestos exposure that happened decades earlier. If you have been diagnosed with mesothelioma after working with or around older boilers, contact the experienced Philadelphia mesothelioma attorneys at Cohen, Placitella, Roth & Goslee, P.C. today.