Articles Posted in Asbestos

The Missouri state House of Representatives recently approved legislation that could impact the amount of compensation mesothelioma cancer victims could receive for their claims when filing lawsuits against defendants. With Missouri juries handing down substantial verdicts to plaintiffs harmed by the deadly products developed by asbestos companies, lobbyists for the business and insurance companies have long eyed the state for so-called “tort reform” to limit compensation to plaintiffs.

As part of the effort to limit plaintiffs’ access to justice, the Missouri House approved a bill meant to force mesothelioma plaintiffs to disclose whether or not they have filed administrative claims with asbestos bankruptcy trusts. The Missouri Senate is expected to take up the legislation soon and the state may join a growing list of other states that have already passed these asbestos claims transparency laws promulgated by the likes of pro business and insurance lobbyists like the Chamber of Commerce and Industry.

Asbestos bankruptcy trusts were created by companies that were no longer solvent but needed a way to release themselves from legal liability in order to qualify for federal bankruptcy protections. Asbestos companies set aside tens of billions of dollars for mesothelioma cancer victims to file administrative claims with and are often seen as a much more expedient way for plaintiffs to receive the compensation they need to pay for vital medical treatment.

Legislation that would limit asbestos lawsuits continues to make the rounds throughout the country with Indiana and Kansas lawmakers being the latest to consider it. Created by conservative organization the American Legislative Exchange Council (ALEC), the bill in similar formats has been enacted in 12 other states.

Critics charge that such legislation is unfair to terminally-ill cancer victims who were exposed to the fire-resistant asbestos while on the job. If the bill is enacted, they would not be able to sue a manufacturer after more than 10 years had elapsed since being exposed to asbestos. However, asbestos-related diseases are seldom diagnosed within 10 years of exposure.

Mesothelioma: a usually fatal cancer

Michigan state lawmakers recently passed legislation that could severely restrict access to justice for mesothelioma cancer victims seeking their day in court to recover vital compensation and hold asbestos companies responsible for their dangerous products. The 58-51 vote, along party lines, passed the Asbestos Bankruptcy Trust Claims Transparency Act as a means to prevent so-called “double dipping” by plaintiffs seeking to recover the compensation they need to pay for medical bills and lost wages.

In some states, mesothelioma cancer victims have the option to file administrative claims with asbestos bankruptcy trusts set up by companies wthat sought federal bankruptcy protections but still needed to fund settlements for future liabilities. Michigan is one of numerous states that recently passed similar legislation forcing plaintiffs in civil lawsuits against solvent parties to disclose whether or not they have filed claims with any asbestos bankruptcy trusts.

Unfortunately for plaintiffs, the law also has another built-in component designed to deny and delay otherwise meritorious claims Under the bill, if the defendant in an asbestos action identified an asbestos trust claim not previously identified that the defendant thinks the plaintiff could file, the defendant could request a stay of the proceeding.

A Missouri Appeals Court recently transferred what could be a precedent setting mesothelioma cancer claim to the state Supreme Court after the court determined that the two sides presented constitutional challenges to Missouri’s 2014 law governing mesothelioma workers’ compensation claims. Filing on behalf of her deceased husband, the plaintiff seeks over $500,000 in benefits under Missouri’s new law for herself and children as dependents while the defendants argue that because the victim’s asbestos exposure took place before the new statute took effect it should not be liable to pay benefits.

According to documents filed with the Missouri Court of Appeals, for 30 years the victim worked as a vinyl tile installer and was repeatedly exposed to asbestos using a material called “cut back,” which is a vinyl adhesive. Many years after retiring, the victim suffered a serious coughing fit in November 2017 and was hospitalized with what doctors ultimately diagnosed as complication from mesothelioma cancer.

In February 2015, the victim filed a workers compensation claim against his employer but succumbed to the diseased while the outcome was still pending. The victim’s spouse then filed an amended complaint listing herself as a dependant and eight children as survivors to receive his benefits. The plaintiff filed her claim under Section 287.200.4 of the Missouri Code which is “for all claims filed on or after January 1, 2014, for occupational diseases due to toxic exposure which result in a permanent total disability or death.”

The plaintiffs in this case brought the lawsuit on behalf of their loved one, who worked as a steamfitter at the Morgantown Generating Station in Charles County, Maryland. A nearby Westinghouse turbine was insulated with asbestos in 1970, which the plaintiffs claim caused the victim’s passing in 2013 due to mesothelioma.

Mesothelioma is a rare and deadly form of cancer, commonly affecting the thin lining of tissue surrounding the lungs and abdomen. The disease is caused by asbestos exposure and while there are numerous promising scientific breakthroughs being made every year to treat the cancer, there is still no definitive cure to rid patients of mesothelioma.