History of Mesothelioma Lawsuits - Malignant Mesothelioma Litigation, Asbestos Occupational Exposure
Mesothelioma Lawsuits
Malignant mesothelioma was not recorded as a cause of death on death certificates until 1999. Today, it is done so in five states and four metropolitan areas. It is safe to say that malignant mesothelioma has become a much more prominent issue over the last six years.
Malignant mesothelioma is arguably the worst of the asbestos-related diseases. This rare type of cancer has a latency period of 35 to 40 years, and when the disease is finally diagnosed, people have an expected survival period of only one to two years.
Mesothelioma lawsuits typically targeted a "traditional" grouping of industries -- mining, construction, automotive, ship building and the railroads - where asbestos occupational exposure was common. Lately, mesothelioma law firms have filed suits targeting a newer grouping of industries. These new industries include: textile, paper, glass, and food and beverage.
Between 1994 and 2002, the number of mesothelioma lawsuits increased every year, with 2002 seeing twice as many mesothelioma lawsuits than 1994. Experts believe that asbestos regulation has put a cap on the number of future cases of mesothelioma; however, the disease is currently peaking, with 2,000 to 3,000 cases being reported each year.
Asbestos Occupational Exposure
The health hazards associated with asbestos exposure were known long before the metamorphic mineral was regulated in Section 112 of the Clean Air Act (1970). Product manufacturers opted to continue profiting rather than warn their employees of the potential threat, or take steps to better protect them. This failure led to what has been called the worst occupational health disaster in U.S history; it also makes the manufacturers liable for any asbestos-related injury.
Asbestos litigation is constantly changing shape; the focus has shifted from federal court, down to state court and most recently, over to bankruptcy court. Increased asbestos litigation forced a large number of defendant corporations to file for Chapter 11. Asbestos attorneys combated the rise in bankruptcies by widening the scope of the lawsuits to other corporations that could be held liable for asbestos-related diseases.
The first asbestos lawsuit that led to a company filing for bankruptcy was in 1976. Throughout the 1980s, 19 companies were forced into filing for bankruptcy because of asbestos litigation; 17 more companies filed for bankruptcy throughout the 1990s. From 2000 to mid-2004, 36 companies filed for bankruptcy.
Asbestos Lawyers
An asbestos lawyer is a specialist in litigation surrounding asbestos-related diseases. Asbestos lawyers represent claimants who have experienced a loss of livelihood because of an asbestos injury.
Asbestos lawyers must have an expert understanding of asbestos and asbestos-related diseases in order to provide proof of causation. Due to the long latency period between asbestos exposure and contraction of many asbestos-related diseases, claimants are often unsure of the when, where and how they came in contact with the fibrous mineral. Asbestos lawyers are therefore responsible for extensive background research to pinpoint the source of causation, along with all liable parties. It is common for asbestos lawyers to file claims for multiple clients viewed to have contracted asbestos injuries from the same source; furthering proof of causation and manufacturer liability.
A mesothelioma lawyer specializes in litigation related to mesothelioma cancer. After diagnosis, the average mesothelioma survival rate is one to two years. Most mesothelioma lawsuits are therefore filed as wrongful death mesothelioma (or wrongful death asbestos) suits by mesothelioma lawyers on behalf of the family members of the deceased.