Asbestos Lawsuits - Mesothelioma Litigation, Asbestos Lawsuits
Asbestos Lawsuits and Mesothelioma Litigation
Asbestos lawsuits have been on the rise since claims were first brought against asbestos products manufacturers in the 1970s. For those injured as a result of exposure to the harmful mineral, asbestos lawsuits provide an avenue through which compensation can be recouped from responsible parties.
The harmful effects associated with asbestos exposure were known prior to World War Two; however, it wasn’t until the 1970s that the fibrous mineral group was regulated under section 112 of the Clean Air Act. Asbestos miners and factory workers handling asbestos products were among the first to be affected by the carcinogenic mineral’s airborne micro fibers. Asbestos products manufacturers were advised to implement higher standards in employee safety to safeguard against exposure. Asbestos products manufacturers valued profits more than they did the safety and wellbeing of their employees. This has resulted in asbestos products manufacturers being liable for any asbestos injuries.
Asbestos Litigation – History and Trends
Asbestos litigation has experienced a number of substantive changes over the course of the last 30-years. Asbestos litigation was initially dealt with through the federal court system. Over time, litigation shifted down to state court to compensate for the growing number of claims made against asbestos products manufacturers throughout the United States. Today, asbestos litigation is handled through bankruptcy court.
Between 1970 and 2000, 37 companies having significant liabilities related to asbestos exposure declared bankruptcy after verdicts affirmed liability. Between 2000 and 2004, 36 such companies declared bankruptcy.
As of 2002, approximately 730,000 asbestos lawsuits have been filed against more than 8,400 business entities costing them approximately $70 billion (~ 65% of which accounts for gross compensation). Concerns have been aired about what effect continued asbestos litigation could have on the economy. A study conducted by the nonprofit RAND Institute for Civil Justice estimates that the eventual cost of asbestos litigation will exceed $200 billion.
Asbestos litigation reforms have been in the works for many years; however, defendant corporations, insurance companies and plaintiff attorneys have thus far been unable to agree on the terms of reform. The most recent attempt at reform has been Congress’ Fairness in Asbestos Injury Resolution Act (2005) legislation that would establish a $140 billion trust fund through which asbestos victims would be compensated. The $140 billion would be supplied by defendant corporations and insurance companies.
Mesothelioma Litigation
Mesothelioma litigation is a sub-category of asbestos litigation. Malignant mesothelioma is a rare cancer who’s only known cause is asbestos exposure. Malignant mesothelioma is the most serious of the asbestos-related diseases and one of the most heavily litigated. An asbestos lawyer is more than capable of litigating a malignant mesothelioma lawsuit; however, a mesothelioma lawyer is a specialist in dealing with such litigation.
Between 1994 and 2002, malignant mesothelioma claims increased every year. Without a universal method for litigating mesothelioma claims, mesothelioma compensation has ranged from tens of thousands to tens of millions, again indicating that some type of reform is necessary to ensure that future mesothelioma victims can be compensated.
Mesothelioma and Asbestos – A Quick Word
Mesothelioma is a somewhat rare type of cancer believed to be responsible for more than 200,000 deaths worldwide. Mesothelioma treatment modalities have not been successful in combating the disease; however, new mesothelioma treatment options are continuously being researched and developed with the hope of achieving greater success.
Although asbestos has been regulated, it is still occasionally used in small amounts. Regulation allows for 1% serpentine asbestos (chrysotile asbestos) to be used in certain products. Chrysotile asbestos is the least hazardous of the six types, though the extent of its ability to cause harm is a somewhat controversial subject. As it is, asbestos is seldom used for any purpose these days.