Asbestos Mesothelioma Lawsuits Increasing

Boston, MAMesothelioma lawsuits are on the rise, mainly because mesothelioma and asbestos-related cancers can take up to 40 years to manifest. Many victims exposed to asbestos in the workplace decades ago are just now filing lawsuits, and families of loved ones are also filing suits because their parent has died from mesothelioma.

The advocacy group Asbestos Disease Awareness Organization (ADAO) said that during the next decade, 100,000 victims in the United States will die of an asbestos related disease – that's 30 deaths per day. Why such an increase? Not only is it due to the time frame mentioned above. Historically, victims were exposed to asbestos in the workplace and their families were potentially exposed due to washing their clothes together. Now, environmental exposure can affect anyone.

The ADAO reports that number of asbestos-related diseases, including mesothelioma, lung cancer and asbestosis, is "growing out of control", mainly due to environmental exposure. "ADAO is being contacted by young fathers and mothers in their late 20s and 30s who are seeking medial resources and support because they have been recently diagnosed with asbestos-caused diseases," said Linda Reinstein, Executive Director and Cofounder of ADAO. "Our patient profile program will continue as asbestos exposure and deaths continue to claim more lives. Prevention is the only cure for asbestos diseases."

Environmental exposure runs the gamut, from drywall and popcorn ceilings to kids' toys. On April 13, 2008 the New York Times reported that ADAO had sued CBS Corporation, a toy maker and several retailers over the sale of a toy-- a crime-scene kit-- based on the CBS series CSI: Crime Scene Investigation. ADAO proved that the toy kit contained asbestos in a powder used to dust for fingerprints. The lawsuit, filed in Los Angeles Superior Court, said tests showed that the kits' fingerprint powder contained "substantial quantities of tremolite asbestos," which it described as "one of the most lethal forms of asbestos."

Mesothelioma Lawsuits

Because asbestos exposure in the workplace likely occurred long ago, mesothelioma lawsuits are complex and difficult to prove who--or what (factory/industry)--is responsible. To complicate matters further, cases often involve defendants in several different states and jurisdictions; not all states have the same laws and laws are constantly changing. For instance, anticipating a huge increase in mesothelioma lawsuits, some states have extended the statute of limitations for filing a mesothelioma lawsuit and/or passed laws that limit the rights of sufferers to file cases.

(In November 2006, The American Bar Association (ABA) stated that a growing number of claimants do not, and may never, suffer from asbestos illness. But due to the fear of a running statute of limitations, many people file claimed who were not ill although their X-rays show changes 'consistent with' asbestos disease. The 'now or never filing' caused a backlog in the courts and delayed seriously ill claimants, especially those diagnosed with mesothelioma, from having their day in court. The ABA recommended that a clear standard of impairment be implemented, and the statute of limitations clock not start ticking until a person actually becomes ill.)

And there are many ways to pursue a lawsuit—some approaches depend on the victim's profession. For instance, railroad workers could recover damages under the Federal Employees Liability Act (FELA). Another consideration: depending upon the case and/or the state, it might be better to file an individual lawsuit or a class action.

As well, to ensure there is enough in its fund to pay out damages from a multitude of lawsuits, the federal government has capped how much a plaintiff can recover in damages. In other words, it's complicated but with the right lawyer on your side, it doesn't have to be: countless cases have been won and settled.