Timeline of Mesothelioma Claims
Understanding the Timeline of a Mesothelioma Lawsuit
Understanding the timeline of a mesothelioma lawsuit is essential for those diagnosed with this devastating disease. From the initial consultation with an attorney to the potential trial, the legal process can be complex. Here’s a simplified overview of the mesothelioma lawsuit timeline:
1. Consultation: It all begins with a consultation with a mesothelioma attorney who specializes in asbestos cases. During this meeting, your attorney will gather information about your exposure history, diagnosis, and potential asbestos sources.
2. Case Review: After your initial meeting, your attorney will conduct a thorough review of your case, collecting evidence and assessing its strength. This step may involve medical records, employment history, and asbestos exposure details.
3. Filing the Lawsuit: Once your attorney is confident in the case’s viability, they will file a lawsuit on your behalf against the responsible parties, which may include asbestos manufacturers, employers, or premises owners.
4. Discovery: The discovery phase involves exchanging information and evidence with the defendant. Both parties will gather facts, interview witnesses, and review documents to build their case.
5. Settlement Negotiations: In many cases, settlements are reached during negotiations, sparing patients the emotional toll of a trial. Your attorney will work to secure the best possible compensation for your medical expenses, pain, and suffering.
6. Trial: If a settlement cannot be reached, your case will proceed to trial. Here, both sides present their arguments, and a judge or jury will determine the outcome.
7. Verdict or Settlement: After trial, the judge or jury delivers a verdict, or a settlement is finalized. If you win, you’ll receive compensation for your losses. If not, you have the option to appeal.
Navigating a mesothelioma lawsuit can be overwhelming, but with the right legal support, you can seek justice and financial assistance for the challenges posed by this aggressive cancer.
10 Mesothelioma Lawsuit Timeline Steps
Navigating a mesothelioma lawsuit can be daunting, especially when facing a devastating diagnosis. Understanding the essential steps in the legal process is crucial for those seeking justice and compensation due to asbestos exposure. In this guide, we’ll outline the key milestones in a mesothelioma lawsuit, offering clarity and insight during a challenging time.
1. Diagnosis: Seek a mesothelioma diagnosis from a specialist.
2. Legal Consultation: Contact an experienced mesothelioma attorney for a case evaluation.
3. Case Filing: Your attorney files a lawsuit against responsible parties, including asbestos manufacturers and employers.
4. Defendant Response: Defendants respond by accepting or denying liability for your asbestos exposure.
5. Discovery Phase: Both sides exchange information and evidence relevant to the case.
6. Depositions: Witness testimonies, including yours, are recorded under oath during depositions.
7. Settlement Negotiations: Engage in negotiations to reach a fair settlement.
8. Trial Preparation: If negotiations fail, prepare for a trial, including selecting a jury and gathering evidence.
9. Trial: Present arguments in court, and a jury determines the verdict.
10. Compensation: Receive compensation if successful, covering medical expenses and other damages.
The history of asbestos exposure is a tale of both innovation and tragedy. Asbestos, prized for its fire-resistant properties and durability, was widely used in various industries during the 20th century. It found its way into construction materials, shipbuilding, automotive manufacturing, and more. However, the hidden danger lay in the inhalation of microscopic asbestos fibers. Over time, countless workers and their families suffered the devastating consequences, with asbestos-related diseases such as mesothelioma becoming increasingly prevalent. As awareness of the health risks grew, regulatory measures were implemented to restrict asbestos usage, but the legacy of past exposure continues to affect individuals today, emphasizing the importance of asbestos awareness and legal recourse for those impacted.
In ancient Rome, asbestos fibers were uses to make clothing flame retardant.
In Greece, the fibers were used to make other textiles.
In Persia, garments were prized for their ability to be cleaned over a fire, instead of with water.
In China, Marco Polo describes similar items that were “washed” by being dropped into flames.
1860: Asbestos had appeared again across the United States and Canada, mostly used as insulation within buildings.
1879: The first commercial asbestos mine appeared in Canada, just outside of Quebec.
1890s Asbestos, which previously had few industrial uses, becomes a raw material for large manufacturing industries, exposing large numbers of workers to asbestos dust for the first time. Asbestos-caused disease often develops decades after a person was first exposed. As a result, it was not until the early 1900s that large numbers of workers developed symptoms.
1899: First published case of asbestos lung scarring caused by asbestos exposure.
1890 – 1909: By the turn of the century, asbestos use was much more common: flame-resistant coatings, concrete, flooring, roofing, acid resistant materials, and lawn furniture all had asbestos components. The appearance of asbestos in late 19th and early 20th century newspapers was relatively limited. In many cases, reporting on asbestos was limited to its discovery or its uses in antiquity.
1917: Dr. Henry Pancoast of (University of Pennsylvania Medical School) finds lung scarring in X-rays of asbestos-factory workers.
1918: A Prudential Insurance Company official notes that life insurance companies will not cover asbestos workers, because of the “health-injurious conditions of the industry.”
1922: Louis Dublin, a statistician for the Metropolitan Life Insurance Company, writes that asbestos workers are at risk of injury to the lungs.
1924: a doctor in England recognized the pattern of illness and made the first diagnosis of asbestos cancer. Dr. W.E. Cooke publishes an article in British Medical Journal describing the death of a person who had been exposed to asbestos.
1927: First workmen’s compensation disability claim for asbestosis upheld by Massachusetts Industrial Accident Board.
1930: Dr. Edward Merewether publishes first clinical examination of workers in England’s asbestos industry. He found that 1 out of 4 was suffering from asbestosis. He found that workers who suffered asbestos exposure would not show signs of injury for many years and workers exposed to asbestos should be informed and warned in order to give them a “sane appreciation of the risk”.
1930: A British medical journal offers the first comprehensive look at the clinical effects of asbestosis and recommends safety measures.
1930: Major asbestos company Johns-Manville produces report, for internal company use only, about medical reports of asbestos worker fatalities.
1932: Letter from U.S. Bureau of Mines to asbestos manufacturer Eagle-Picher states: “It is now known that asbestos dust is one of the most dangerous dusts to which man is exposed.”
1933: First American case report of asbestosis in an insulation worker.
1933: Metropolitan Life Insurance Company doctors find that 29% of the workers at one Johns-Manville plant are suffering from asbestosis. Johns-Manville settles lawsuits by 11 employees on the condition that the lawyer for the employees agrees that he will not bring any new actions against Johns-Manville.
1934: Researchers report cases of asbestosis and lung cancer among asbestos factory workers, construction workers, shipyard workers, boiler workers, custodians and insulators. Many of them had less than s6 months of exposure to asbestos.
1934: Officials of two large asbestos companies, Johns-Manville and Raybestos-Manhattan, edit an article about the diseases of asbestos workers written by a Metropolitan Life Insurance Company doctor. The changes minimize the danger of asbestos dust.
1935: Johns-Manville and Raybestos Manhattan instruct the editor of Asbestos Magazine to publish nothing about asbestosis.
1936: A group of asbestos companies agree to sponsor research on the health effects of asbestos dust, but require that the companies have complete control over the disclosure of the results.
1937: Roy Bonsib, Chief Safety Inspector for the Standard Oil Company of New Jersey, documents illnesses such as asbestosis and analyzes the dust-creating potential of installing and removing asbestos insulation.
1937-38: The Industrial Hygiene Digest at the Industrial Hygiene Foundation includes 2 articles about industrial types of cancer by workers working with asbestos.
1940 to 1979: Approximately 27.5 million Americans are exposed to asbestos.
1942: An Owens Corning corporate memorandum refers to “medical literature on asbestosis . . . [and] scores of publications in which the lung and skin hazards of asbestos are discussed.”
1943: First case of a Mesothelioma-like tumor reported.
1942 or 1943: The president of Johns-Manville says that the managers of another asbestos company were “a bunch of fools for notifying employees who had asbestosis.” When one of the managers asks, “do you mean to tell me you would let them work until they dropped dead?” The response is reported to have been, “Yes. We save a lot of money that way.” Testimony of Charles H. Roemer, Deposition taken April 25, 1984, Johns-Manville Corp., et al v. the United States of America,
1944: Metropolitan Life Insurance Company finds 42 cases of asbestosis among 195 asbestos miners.
1944: The Journal of the Medical Association reports that asbestos is one of the “agents known or suspected to cause occupational cancer.”
1948: The American Petroleum Institute’s Medical Advisory Committee, whose members include oil giants, received a summary of a paper in which the chief pathologist for E.I. DuPont De Nemours & Co. suggested that the industry “aim at the complete elimination of the exposure” to asbestos.
1949: Encyclopedia Britannica lists asbestos as a cause of occupational and environmental cancer. The Journal of the American Medical Association concurs.
1951: Asbestos companies remove all references to cancer before allowing publication of research they sponsor concerning exposure to asbestos.
1952: Dr. Kenneth Smith, Johns-Manville medical director, recommends (unsuccessfully) that warning labels be attached to products containing asbestos. Later Smith testifies: “It was a business decision as far as I could understand . . . the corporation is in business to provide jobs for people and make money for stockholders and they had to take into consideration the effects of everything they did and if the application of a caution label identifying a product as hazardous would cut into sales, there would be serious financial implications.”
1953: National Gypsums safety director wrote to the Indiana Division of Industrial Hygiene, recommending that acoustic plaster mixers wear respirators “because of the asbestos used on the product.” Another company official notes that the letter was “full of dynamite,” and urges that the letter be retrieved before reaching its destination. A memo from those files notes that the company “succeeded in stopping” the letter which “will be modified.”
1955: A major study demonstrates that asbestos workers are 10 times as likely as the general population to contract and an asbestos-related disease.
1960: Study confirms reports that asbestos exposure causes Mesothelioma; Study included children and wives of asbestos workers who contracted Mesothelioma.
1964: Dr. Irving Selikoff publishes a study of asbestos workers in the Journal of the American Medical Association, proving that people who work with asbestos-containing materials have an abnormal incidence of asbestosis, lung cancer, and mesothelioma.
1966: The first lawsuit involving an asbestos injury is filed in Beaumont. The jury finds for the defendants. A second suit is filed in 1969, and this time the plaintiff, Clarence Borel, wins his case and is awarded $79,000.
1966: Raybestos-Manhattan official writes: “We feel that the recent unfavorable publicity over the use of asbestos fibers in many different kinds of industries has been a gross exaggeration of the problems. There is no data available to either prove or disprove the dangers of working closely with asbestos.”
1969: An asbestos lawsuit is filed and is decided in favor of the plaintiff and upheld in subsequent appeals courts. It was a landmark case, the first in the nation that recognized a manufacturer’s duty to warn about the dangers of asbestos. Within 10 years, more than 16,000 asbestos and Mesothelioma cases would be filed in American courts.
1971: First OSHA asbestos-exposure standard issued. The U.S. Occupational Safety and Health Administration set the first standards for workplace asbestos exposure.
1973: The U.S. Environmental Protection Agency (EPA) bans spray-on asbestos insulation as an air pollution hazard.
1977: Lawyers for injured workers obtain the Sumner Simpson papers, which show that the companies had suppressed information about the danger of asbestos for at least 40 years.
1977: The first bill to limit the product liability of asbestos companies is introduced in Congress.
1978 Judge rules there had been “a conscious effort by the [asbestos] industry in the 1930s to downplay or arguably suppress, the dissemination of information to employees and the public for fear of the promotion of lawsuits.”
1979: U.S. EPA announces intention to issue rule that bans all uses of asbestos.
1982: Johns-Manville files for bankruptcy protection. Johns-Manville, the leading U.S. asbestos producer, files for Chapter 11 bankruptcy. Over the next two decades, more than 70 other companies follow suit.
1986: OSHA tightens asbestos-exposure standard.
1989 and 1991: In 1989, the United States Environmental Protection Agency bans asbestos and most of its uses.
1991: asbestos companies win a federal lawsuit which overturns the EPAs asbestos ban.
1991: Symposium entitled “The Third Wave of Asbestos Disease” is held. It shows conclusively that asbestos already in place in buildings across the U.S. poses a major public health hazard.
1994: OSHA tightens asbestos-exposure standard.
1994: Congress amends the U.S. Bankruptcy Code to allow companies in asbestos-related bankruptcies to create special trust funds to pay future victims. The change helps companies rid themselves of asbestos liability but also makes it easier for plaintiff Mesothelioma lawyers to win settlements for many cases.
1999: The Florida Supreme Court rules that Owens Corning willfully withheld information about the dangers of working with the company’s asbestos products. The Florida Supreme Court describes it as a “blatant disregard for human safety involving large numbers of people put at life-threatening risks.” As stated, the above actions by these companies are just a small sample of the many actions by companies using asbestos which did so in disregard of the safety of their employees and other innocent victims. Companies, who so frivolously ignored the health of the public and their own employees, are the targets of our litigation.
2002: The RAND Institute for Civil Justice estimates the number of asbestos lawsuits at 600,000. Estimates of total liability range from $200–250 billion.
2005: Ohio has lead in halting asbestos lawsuits.
2005: Company charged in nearly 200 deaths.
2006: The U.S. Senate defeats an asbestos bill that would have created a $140 billion trust fund to compensate victims of asbestos diseases like Mesothelioma. Opponents of the bill say it didn’t fairly compensate victims, instead favoring the interests of large corporations.
2008: Congress introduces the bill H.R. 6903, the “Bruce Vento Ban Asbestos and Prevent Mesothelioma Act of 2008,” designed to amend the Toxic Substances Control Act to reduce health risks from asbestos-containing projects and to support public asbestos education initiatives. The bill is named after Bruce Vento, a former politician who died of Mesothelioma in 2001.
2010: Final decree issued in the Owens Corning bankruptcy case.
2011: A study conducted by the International Journal of Occupational and Environmental Health reaffirms the link between asbestos exposure and lung cancer.
2012: New regulations for asbestos management in the workplace are introduced in the United States, aimed at improving safety standards and reducing exposure risks for workers.
2013: Asbestos continues to be a global health concern, with many countries still using asbestos-containing materials in construction, leading to ongoing exposure issues.
2014: The International Agency for Research on Cancer (IARC) reconfirms that all forms of asbestos are carcinogenic to humans.
2015: The World Health Organization (WHO) estimates that more than 100,000 people worldwide die each year from asbestos-related diseases.
2016: A significant increase in asbestos-related lawsuits and legal actions against companies that exposed workers to asbestos over the years.
2017: Environmental Protection Agency (EPA) proposed a significant new use rule (SNUR) for asbestos, which aimed to restrict the use of asbestos in new products. However, this proposal faced controversy and criticism.
2018: The Environmental Working Group (EWG) reports that asbestos-related diseases still claim the lives of 40,000 Americans each year.
2019: Concerns continue about asbestos-containing products imported into the United States, including crayons and talc-based cosmetics.
2020: Ongoing efforts to raise awareness about asbestos exposure and its risks, as well as advocacy for stricter regulations to protect the public.
2021: Legal battles and compensation claims related to asbestos exposure remain prevalent, highlighting the enduring impact of past asbestos use.
2022: Efforts to support asbestos victims and their families continue, including Mesothelioma awareness campaigns and funding for medical research.
Please note that these events represent just a portion of the ongoing developments and concerns related to asbestos exposure in recent years. Asbestos remains a global health issue, with continued efforts to protect individuals from its harmful effects and hold responsible parties accountable.
Recent Mesothelioma Verdicts
- $4.6 Million Mesothelioma Settlement: For a union insulator that developed malignant Mesothelioma from asbestos exposure.
- $10.2 Million Mesothelioma Verdict: For a Paper Mill worker suffering from pleural Mesothelioma.
- $8 Million Mesothelioma Award: For a man diagnosed with Mesothelioma. Non-economic damages and $1.5 Million for Economic Damages.
- $1.2 Million Mesothelioma Settlement: For a 76-year-old carpenter that developed malignant Mesothelioma.
- $1.1 Million Veteran Mesothelioma Settlement: For a Navy veteran machinist that developed malignant Mesothelioma at age 71.
- $245,000 Asbestosis Settlement: For a Paper mill worker suffering from Asbestosis.
- $2.5 Million Mesothelioma Settlement: For a union pipefitter man who died from malignant Mesothelioma.
- $2.6 Million Shipyard Worker Mesothelioma Settlement: For the family of a 72-year-old shipyard worker with Mesothelioma who suffered second-hand exposure.
- $5 Million Navy Veteran Mesothelioma Verdict: For a Navy Boilerman who developed Mesothelioma during his service.
- $1.8 Million Mesothelioma Settlement: For a carpenter that developed malignant Mesothelioma at age 68.
- $7.5 Million Mesothelioma Verdict: For a woman that developed peritoneal Mesothelioma from laundering her husband’s work clothes.
Malignant Mesothelioma has been linked to workplace asbestos exposure.
TO GET HELP – Our Nationwide Toll-Free Mesothelioma Helpline Number is 888.640.0914
Malignant Mesothelioma is a rare form of cancer that affects the lining of the lungs, abdomen, heart, and major organs in the body. Mesothelioma cancer cells are in the sac lining the chest (pleura) or the abdomen (peritoneum). There are about 3,000 new fatal Mesothelioma cases diagnosed each year in the U. S. If you are experiencing any Mesothelioma symptoms, you should contact a doctor immediately.
Diagnosed With Mesothelioma?
If you or a family member has a malignant Mesothelioma diagnosis, you are going to have a lot of questions about living with Mesothelioma and what legal options you have against asbestos manufacturers and asbestos companies for your asbestos exposure. Mesothelioma is a seriously deadly disease. According to the American Cancer Society, with the average survival time for people with Mesothelioma is 4-18 months.
Call TOLL-FREE 888.640.0914 now to talk with a live Mesothelioma Counselor that can answer your questions and give you the peace of mind that you need.
Family Member Died From Mesothelioma?
If you have a family member that has died from Mesothelioma cancer, immediately consult with an experienced Mesothelioma lawyer about your available compensation from asbestos trust funds.
It is VERY IMPORTANT that you file your Mesothelioma claim within your states Statute of Limitations.
We have seen many families lose their right to file a lawsuit because their Statute of Limitations had expired while they were grieving. Although there is a tremendous mourning period with the loss of a loved one, it is crucial not to let your Statute of Limitations expire before filing a Mesothelioma lawsuit. In most states, the Statute of Limitations is 2-3 years. Some states have a 6-year Statute of Limitations.
Mesothelioma Latency Period
Mesothelioma has a long latency period of 10-50 years. Many Veterans, Shipyard Workers, Construction Workers, Power Plant Workers, Mill Workers, Steel Workers, Railroad Workers, Pipefitters, Insulators, Electricians, Carpenters, Welders, Auto Mechanics, Veterans, Factory Workers, and laborers are living in the early stages of a variety of asbestos-related diseases. Many Mesothelioma lawyers will not accept asbestosis, asbestos lung cancer, pleural plaques, pleural thickening, colon cancer, and esophageal cancer cases.
There are More Than 30 Billion Dollars Set Aside for Mesothelioma and Asbestos Victims in Asbestos Bankruptcy Trust Funds
What to Expect With a Free Mesothelioma Consultation
Expert Evaluation: Experienced attorneys will carefully review your case, including your medical history and asbestos exposure, to determine the strength of your claim.
Understanding Your Diagnosis: Attorneys will explain your mesothelioma diagnosis, its causes, and the potential legal options available to you.
Legal Guidance: You will receive expert legal advice tailored to your unique circumstances, helping you make informed decisions about pursuing legal action.
Eligibility Assessment: Attorneys will assess your eligibility for compensation, including potential asbestos trust fund claims, lawsuits, or other avenues for seeking damages.
Case Strategy: They will outline a personalized legal strategy, including the types of compensation you may be entitled to, such as medical expenses, lost income, and pain and suffering.
Explaining the Process: You’ll gain insights into the legal process, including what to expect, key milestones, and approximate timelines.
Answering Questions: Attorneys will address any questions or concerns you have about your case, ensuring you have a clear understanding of your options.
Compassionate Support: You’ll receive empathetic and compassionate support as you navigate the complexities of a mesothelioma lawsuit.
No Upfront Costs: Importantly, a free consultation means there are no upfront fees or obligations, allowing you to explore your legal options risk-free.
Next Steps: Based on the consultation, you can decide on the next steps, whether to proceed with legal action or take other appropriate measures to seek justice and compensation for your mesothelioma diagnosis.
A mesothelioma consultation is an essential first step towards understanding your rights and potential legal recourse as you face the challenges of a mesothelioma diagnosis.
Mesothelioma Claims: Mesothelioma Damages
If you’ve received a diagnosis of Mesothelioma, it’s crucial to understand that you may be eligible to seek compensation for a wide range of damages. This guide will help you navigate the complex world of Mesothelioma claims, offering insights into the various types of damages you may be entitled to recover. From Mesothelioma-specific damages to economic, medical, and even punitive damages, we’ll break down what each entails, ensuring you have the knowledge you need when considering legal action. Your journey to seeking rightful compensation starts here.
TAKING LEGAL ACTION
When confronted with the devastating impact of a mesothelioma diagnosis resulting from asbestos exposure, pursuing legal action becomes a crucial step towards securing the compensation you rightly deserve. Our team is here to assist you in initiating a mesothelioma lawsuit with an experienced mesothelioma attorney, ensuring the protection of your rights and the delivery of justice. Discover today which Asbestos Trust Funds you may be eligible for to receive compensation.
SCHEDULE A FREE CASE CONSULTATION
Scheduling a free case consultation is your first step toward seeking justice in mesothelioma cancer lawsuits. We are ready to assess your unique situation and provide the guidance you will need during this challenging time. Take this essential step toward pursuing fair compensation for your mesothelioma-related injuries.
GET HELP FROM AN EXPERIENCED INJURY ATTORNEY
When dealing with the complexities of mesothelioma cancer lawsuits, getting help from an experienced injury attorney is crucial. For more than 24 years, we have assisted workers, veterans, and families in obtaining the compensation they deserved from negligent asbestos companies. Contact us at 888.640.0914 to secure the support you will need throughout your pursuit of fair and just compensation.
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