Mesothelioma
Asbestos dates all the way back to the ancient Egyptions. And even then, they knew it caused permanent, life-threatening respiratory problems.
It was first discovered between the 1920s and 1930s that repetitive exposure to asbestos was linked to the rare but aggressive form of cancer called mesothelioma. Asbestos has been used far and wide, most commonly in commercial and industrial applications. Practically every person has been exposed to the toxic mineral; which actually carries airborne carcinogenic fibers that can easily be ingested by individuals.
Many occupations had put people at risk due to constant exposure to asbestos. Military veterans, construction workers and the like mostly have developed mesothelioma and have filed lawsuits reaching up to thousands. Plaintiffs claim that companies who used asbestos as well as the companies that manufactured products that contained the mineral were aware of the risks of serious adverse asbestos related diseases and ignored to accommodate the safety of the public. They are being charged with negligence, among others.
Plaintiffs are seeking compensation for medical expenses, pain and suffering, punitive damages, lost wages, loss of quality of life, and even funeral expenses death in the case of family members that filed lawsuits in behalf of a deceased loved one. Family members of the deceased loved one who had developed asbestos-related diseases or mesothelioma can also charge defendants with wrongful death.
Many plaintiffs have been awarded in the millions of dollars through verdicts in these lawsuits. Some start as far as $5.1 million and have gone up to $250 million. Each of these lawsuits, of course, has been awarded because of different circumstances unique to each case.
While there are no class action lawsuits regarding mesothelioma, there is a mass tort. This tort is the longest running in the history of the United States, as it is the most expensive mass tort in the country as well.
Many companies have also filed for bankruptcy due to constant payments for suits and settlements. Some companies, however, had created asbestos bankruptcy trusts so that plaintiffs can still claim compensation for damages by companies who have eventually ran out of business.
Mesothelioma Litigation
Filed lawsuits started in the 1960s, with workers, consumers and even families filing for these thousands of mesothelioma lawsuits. These lawsuits are against companies that manufactured products that contain products, or companies that allowed the installation of these products.
Over the years, juries have found that asbestos companies acted with malice due to the concealment of the dangers of asbestos. Because of the disregard for public safety, the cancer that could have been prevented has now become widespread.
Those diagnosed with asbestos related diseases including mesothelioma can claim compensation for the negligence of asbestos companies. Most plaintiffs filed lawsuits to gain compensation for medical expenses, pain and suffering, lost wages, loss of quality of life, and funeral expenses. It is common that these cases are settled outside of the court in spite of some lawsuits leading to beneficial jury verdicts.
Families who have lost loved ones due to asbestos related diseases are able to file wrongful death lawsuits, as well as military veterans who were exposed to the mineral while serving in the military are able to file lawsuits against manufacturers and can claim with the United States Department of Veteran Affairs for Veterans Affairs disability benefits.
Other people can also file claims against a company that is no longer operational. Claims with an asbestos bankruptcy trust that was created by these companies can be restored to plaintiffs who were damaged through exposure to the mineral.
Mesothelioma cases cannot be handled as class action lawsuits because of the variety of each case, covering various companies as defendants. Another reason for these lawsuits’ inability to be handled as class actions is because they normally take a lengthy time to settle and mesothelioma patients may not survive these long trials.
Mass torts give plaintiffs the freedom to keep their own lawyers. Mass torts work in such a way that the cases are grouped together to be more efficient, thereby saving time and money. Asbestos litigation is the longest running and one of the most expensive mass torts in the history of the United States because the litigation started in the 1970s. The litigation has cost defendants billions of dollars.
Roby Worthington, a former employee of U.S. Steel, won a verdict worth $250 million in 2003. Worthington worked for the company from 1950 to 1981 and was diagnosed with mesothelioma. Three years later, David Bakkie was awarded $18.5 million because of the occupational setting of the plastic molder worker from 1974 to 1975. Bakkie was diagnosed with the same disease in 2005. The construction worker was exposed to asbestos in the 60s and 70s. He was diagnosed with the rare cancer they year before.
In 2007, family members of Richard Walmach, a United States Navy machinist mate, received $5.1 million through a verdict. The veteran died in 2006 of mesothelioma. Bobbie Izell won a favorable jury verdict in 2012. Veterans are often exposed to asbestos because of the military ships, army proving grounds and military bases across the world.
