Asbestos & Mesothelioma Law Blog

Founded in 1854, W.R. Grace (Grace) is responsible for one of the largest asbestos contamination cases in U.S. history. The contamination caused severe harm to its employees and to the residents of the community of the contamination site. The harm forced the company to file for bankruptcy, organize an asbestos trust fund, and face criminal charges. Despite these obstacles, Grace continues to operate today, with its headquarters in Columbia, Maryland.

W.R. Grace and Asbestos History

Grace purchased vermiculite mines and a processing mill in Libby, Montana in 1963, continuing operation there until 1990. The company employed up to 200 people and produced up to 200,000 tons of vermiculite per year. Unfortunately, vermiculite mines are often a source of asbestos as well. This was the case for Grace’s mine and it posed a significant risk to the people who worked in the mines and to those who lived in the area. It is estimated that more than 400 Libby residents have died due to exposure to asbestos fibers.

With origins of its company tracing back to before the Civil War, the Johns Manville Corporation is responsible for a significant amount of the asbestos-containing products sold in the United States. Exposure to microscopic asbestos fibers can lead to the development of mesothelioma and other serious health conditions. In some circumstances, it is possible for victims to recover monetary damages for the harm caused through asbestos-related claims, including mesothelioma litigation.

History of the Company

The H.W. Johns Manville Corporation is the result of a merger between the H.W. Johns Manufacturing Company, which used asbestos to manufacture fire resistant roofing, and the Manville Covering Company, which manufactured asbestos heat insulation. After the merger was completed in 1901, the company began manufacturing insulation and construction products for commercial, industrial, and residential buildings.

Asbestos contains microscopic fibers that, when released into the air, can be breathed into the lungs, where they can remain for several years before serious health issues become apparent. Exposure to these fibers can cause serious health issues, including cancers like mesothelioma. Insulation was the largest source of exposure to asbestos for workers throughout the 1900s.

Insulation Use

Insulation provides many benefits, including energy conservation, sound deadening, reduction of electrical conductivity, and help with the retention of hot and cold temperatures. Asbestos was particularly well-suited for these purposes, as it is fire resistant and a poor conductor of electricity. In addition, it was cheap and durable. The use of asbestos in insulation products began in the late 1800s to help protect against high-temperature pipes. By 1874, asbestos insulation products were commercially produced and sold on a large-scale basis.

Though the use of asbestos was largely halted in the 1980s, its widespread use for much of the twentieth century means it is not uncommon for people to come across asbestos in their homes or other buildings today. If this happens, it does not mean panic should set in, but there are precautions that should be exercised. By treating asbestos with caution, injury can be avoided.

Asbestos Abatement: Repair Versus Removal

Asbestos was extensively used in insulation and other products that required heat resistance. Asbestos becomes dangerous when it is damaged or removed, which releases microscopic fibers into the air. When breathed in, these fibers may remain in the lungs for many years before serious health complications appear, such as mesothelioma or other cancers.

An important part of any lawsuit is the discovery process. Discovery is a pre-trial phase of a lawsuit in which all parties involved request and gather information related to the case. Due to the complex nature of mesothelioma claims, the discovery phase is critical. For victims in mesothelioma claims, it is important to be prepared for extensive questioning related to many different aspects of the person’s life. While this may seem personally invasive, it is a necessary step in the development of the claim.

What Does Discovery in Mesothelioma Cases Entail?

Discovery occurs before a trial begins and allows each party to obtain evidence from all opposing parties. In order to collect this evidence and information, the parties make use of interrogatories, requests for depositions, production of documents, and admissions. A majority of the information that will be involved in the case is exchanged during this phase of the lawsuit.

Individuals exposed to asbestos fibers are at risk of developing mesothelioma and other asbestos-related diseases. Exposure was widespread up until the 1980s, when the dangers of exposure were officially recognized by the federal government. Unfortunately, by that time, many individuals had already been exposed to dangerous levels of fibers. As a result, there have been many asbestos-related claims against the manufacturers and employers that were responsible for causing exposure to victims.

Danger of Asbestos

Asbestos contains microscopic fibers that, when disturbed, are released into the air where they can be breathed into the lungs. They may remain in the lungs for several years (in some cases, even decades) before any damage is detected. Exposure to these fibers has been linked to the development of cancer, including mesothelioma. The cost of treating these diseases or conditions is often quite significant. As a result, victims frequently turn to lawsuits against those responsible for their exposure to recover damage awards that can help pay for medical expenses.

Asbestos Class Action: Should I Join a Class Action?

A class action lawsuit involves a group of people collectively filing a claim against a defendant. The lawsuit is filed on behalf of a group of people who are “similarly situated.” This means that a group of plaintiffs all have similar injuries caused by shared circumstances that raise the same legal issues. The court determines whether the similarities are sufficiently close enough and whether forcing all of the plaintiffs to file separate lawsuits would be overly burdensome.

The Industrial Revolution led to a rapid increase in the use of asbestos that continued until the mid-1970s. Asbestos could be found in just about every product made during the twentieth century and also found its way into homes and other buildings. Unfortunately, asbestos can be very dangerous, leading to the development of mesothelioma and other cancers.

What is Asbestos?

Asbestos is a group of minerals that occur naturally as bundles of microscopic fibers. When released into the air, the fibers can be breathed in and remain in the lungs for long periods of time. An individual may have these fibers in their lungs for decades before serious complications develop.

There are two main types of asbestos – chrysotile (known as white asbestos) and amphibole. Chrysotile was the most common type of asbestos used in industrial applications. Chrysotile fibers wrap around themselves in the shape of a spiral, which has led to chrysotile being referred to as “serpentine” or “curly” asbestos. Amphibole asbestos is straight and needle-like. It includes several different types of asbestos, including amosite (brown asbestos), crocidolite (blue asbestos), tremolite, actinolite, and anthophyllite. Both chrysotile and amphibole are known to cause cancer and can lead to the development of mesothelioma.

For individuals who have been diagnosed with an asbestos-related disease, a claim for damages may be made against those responsible for the exposure to asbestos. These claims can result in significant awards being granted to victims. However, an important aspect of these claims is the statute of limitations.

What is the Statute of Limitations in Asbestos Litigation?

The statute of limitations is the time a victim has to file a lawsuit against those responsible for the injuries caused. For personal injury cases, this period of time usually begins to run from the moment the injury occurs. When the injury occurs is usually fairly easy to determine. For example, if a person is hurt in a car accident, it is easy to determine when that accident occurred. Determining when the limitations period begins to run is important because once the period ends, a victim is usually barred from making a claim. The specific length of the statute of limitations varies by state and by the type of claim involved, but it is usually between one and six years.

In asbestos-related claims, statute of limitations issues are complicated by the nature of asbestos diseases. Asbestos becomes dangerous when microscopic fibers are released into the air and breathed into the lungs. These fibers can remain in the lungs for several decades before any issues caused by such exposure become present. Furthermore, exposure to asbestos fibers that results in the development of disease often occurs over an extended period of time, as opposed to a specific moment, such as in the case of a car accident. Therefore, pinpointing exactly when the injury occurs is very difficult.

Being diagnosed with mesothelioma or another asbestos-related disease is a very serious issue. Combating these diseases will require significant medical treatment, which can end up being very expensive. As a result, many victims of these diseases seek the aid of a mesothelioma attorney in order to obtain assistance in pursuing monetary awards through personal injury claims.

What Can a Mesothelioma Attorney Provide?

Mesothelioma and other asbestos-related diseases develop after an individual is exposed to microscopic asbestos fibers. Unfortunately, exposure was quite common during much of the twentieth century. By the 1980s, the dangers of exposure to asbestos fibers were widely known and the use of asbestos was discontinued. However, these diseases, in particular mesothelioma, may not develop for many years (in some cases up to 40 years) after the initial exposure. As a result of this, these types of claims are often very complex.

Health Insurance and Mesothelioma

For victims of mesothelioma and other asbestos-related diseases, the costs of diagnosis and treatment are significant. These costs are quite often high enough to make it difficult, if not impossible, to afford without the assistance of health insurance. But, individuals should be aware of limitations that insurance has when it comes to these serious diseases.

Covering the Cost

Asbestos-related diseases, like mesothelioma and other cancers, can result in significant cost to victims. Typical surgeries associated with cancer treatment cost around $40,000 (and that does not include the most aggressive or complicated surgeries). An eight-week chemotherapy cycle costs around $30,000. Monthly radiation costs around $2,000.

While most insurance plans provide coverage for diagnostic testing and treatment for mesothelioma and other asbestos-related diseases, it is dependent on each particular plan. Even when these things are covered, it is typically only after high deductibles are met and will have high copayments.