Results achieved in prior matters are not meant to be a guarantee of success as the facts and legal circumstances vary from matter to matter.
Asbestos is a naturally occurring mineral. It is durable, flexible, and acid- and heat-resistant. These properties made it widely popular for many industrial, commercial, and residential uses during much of the 20th century.
After asbestos is mined and purified, it is processed into fluffy fibers that are added to various types of binding agents to create the materials and products used for various applications. There were approximately 3,000 different types of commercial products that contain asbestos. Unfortunately, certain uses of asbestos are still permitted in the United States.
Asbestos was commonly found in roofing materials, plasters, siding materials, pipe and boiler coverings, attic insulations, floor tiles, some forms of linoleum, HVAC duct insulation and more.
Asbestos is found in thousands of commercial materials used for construction and building, transportation, foundries, and industry. The widespread use of asbestos has put hundreds of thousands of workers at risk of being exposed to it. These workers are likely to eventually suffer from asbestos-related diseases, and their family members are at risk of suffering from these diseases, too, due to household contact.
The following is a non-exhaustive list of trades that put workers at risk of exposure to asbestos:
Microscopic particles of asbestos are released if materials containing it are damaged or disturbed. These microscopic particles are easily inhaled into the lungs, causing mesothelioma, lung cancer, asbestosis, and other diseases.
Scientists were aware of the inherent danger of asbestos by the early 1900s. Yet, for decades, the asbestos industry hid these scientific findings and denied responsibility.
The following list includes some of the major sources of asbestos exposure:
Many asbestos manufacturers have resorted to bankruptcy to limit their liability for asbestos-related claims brought by or on behalf of the thousands of persons sickened or killed by asbestos products. Settlement trusts were created during these bankruptcy proceedings to ensure that some compensation would be available for both current and future victims of asbestos exposure. Asbestos corporations are required to fund asbestos trusts before they can emerge from bankruptcy, but thereafter the companies emerge free from claims and liability.
Although the asbestos trusts are collectively funded with billions of dollars, each victim is likely to receive pennies on the dollar because the trusts are meant to compensate ALL current and future victims of bankrupt asbestos companies – worldwide.
Even though the number of asbestos-related injuries keeps rising, the trusts’ assets are fixed, and once exhausted, the victims have no recourse against the manufacturer who originally funded the trust.
The trusts assume all present and future liabilities, and all asbestos claims against the bankrupt company are directed to the trust by court injunction. This means that once the company emerges from bankruptcy, it will not longer be subject to asbestos-related suits, and victims can only seek compensation from the trust.
Congress codified the trust and injunction arrangement in 1994—into 524(g) of the bankruptcy code.
The first asbestos trust was set up by the Johns-Manville Corporation in 1982. By 2011, there were more than 60 asbestos trusts in the United States.
When an asbestos trust is formed, it will estimate the number of claims it expects to receive and the historic settlement value of those claims to calculate the amount of money that funds it. Each trust has fixed assets, and these assets are insufficient to pay the full historic settlement value for every claimant. Instead, each claimant receives a liquidated settlement value, which is discounted by a payment percentage. In this respect, the trusts payment process is similar to the process by which tort class action lawsuits are settled.
Unlike in a tort lawsuit, however, where each defendant may be liable for all the damages due to the victim, each trust is only responsible for the harm it, itself, caused, and its payments do not take into account the harm caused by any other entity.
If claimants believe that they deserve a larger payment from a trust, they can reject the standard settlement and seek individual review from the trust. A larger payment may be made to claimants who became ill at an early age, or who have higher than normal damages. An individual review, however, will not automatically result in a higher payment.
Yes - despite the strict and difficult requirements placed on victims by the trusts, Wilentz has successfully evaluated and processed hundreds of thousands of asbestos trust claims. We have been successful because we have the experience and the documentation to match up the right date to the requirements of the trust process. Our exclusive databases of information relating to contaminated sites and asbestos products allow us to satisfy the most stringent inquiries from the trusts so that our clients receive their rightful compensation.
In order to be compensated by a trust for the harm caused by asbestos exposure, a victim has to present all of the information demanded by the trust. The trusts place onerous requirements on victims who submit claims, including medical evidence of having an asbestos-related disease, and evidence to show that the bankrupt company that set up the trust has responsibility for the victim’s asbestos exposure, including identifying the specific asbestos products to which the victim was exposed and the specific time and location where the exposure occurred. Some trusts only approve claims where the exposed person has one of a specific set of job titles/positions. Anecdotal evidence suggests that nearly half of all claims filed with the trusts are rejected and go unpaid.
Mesothelioma is an aggressive cancer of the lining around the lung caused by exposure to asbestos and products made with or contaminated with asbestos. In the United States, doctors diagnose between 2,000 and 3,000 new cases of mesothelioma each year. If not diagnosed in its early stages, mesothelioma is often fatal within months of diagnosis and it has proven difficult to cure.
The most prevalent mesothelioma is pleural mesothelioma, which develops in the cell layer lining and surrounding the lungs. The two other mesotheliomas are found in the lining of the abdominal cavity (“peritoneal mesothelioma”) and in the lining of the heart (“pericardial mesothelioma”). The chance of developing mesothelioma is correlated with the amount of asbestos to which a person has been exposed and the duration of the exposure, although very limited exposures have been shown to trigger the disease.
Symptoms of mesothelioma often appear decades after exposure, adding to the difficulty of diagnosis. While a definitive diagnosis of mesothelioma requires a biopsy, the following are some of the prevalent symptoms that should be brought to the attention of a doctor:
Plural mesothelioma
Peritoneal mesothelioma
Pericardial mesothelioma
Asbestosis is a chronic lung disease characterized by scarring of the lung tissue, caused by inhaling asbestos particles. Asbestosis may develop whether or not the victim also develops lung cancer or mesothelioma.
Symptoms of asbestosis typically don't show up for 10 to 40 years after initial exposure to asbestos. It’s severity is usually related to the exposure dose. Symptoms include:
Asbestos exposure can lead to all types of lung cancer, including adenocarcinoma, bronchoalveolar, small cell, large cell, oat cell and squamous cell.
As with all asbestos-related illnesses, lung cancer can go undetected anywhere from 10 to 30 years from the time the victim was first exposed.
A significant difference emerges when comparing lung cancer caused by cigarette smoking to lung cancer caused by asbestos. When an individual stops smoking cigarettes, their lung cancer risk immediately begins to decrease. However, if someone has been exposed to asbestos, their lung cancer risk remains high, because microscopic asbestos fibers can remain in the lungs for a lifetime.
Talc is a mineral that is often mined in close proximity to where asbestos is found. It is sometimes impossible to separate these two minerals, and therefore, the talc may be contaminated with asbestos.
Talc is most often used after being ground into a fine powder. This powder is light and hangs in the air, and it can be easily inhaled. Therefore, the use of asbestos-contaminated talc powder can lead to asbestos being inhaled, too.
Talc powder absorbs moisture, oils and odors, and has an astringent effect on human skin. It can also keep materials from sticking. These properties make it popular for both industrial uses (including in tires and industrial ceramics such as sanitary ware – toilets, basins, etc.) and for baby powders, foot powders and cosmetics.
People who contract asbestos-related illnesses, but who did not work in jobs traditionally associated with exposure to asbestos, may have been exposed to asbestos through talc. Both New York and New Jersey juries have recently awarded damages against cosmetic talc manufacturers to mesothelioma victims who were exposed to asbestos by using contaminated talc.
Even though, by 1972, the FDA’s testing revealed many popular cosmetic talc products were likely contaminated with asbestos, the manufacturers of these brands continued to sell them for decades longer.
Angelo J. Cifaldi
President and Managing Director; Co-Chair, Mass Tort/Class Action and Cannabis Law Teams
Shareholder
732.855.6096
212.267.3091
Lynne M. Kizis
Co-Chair, Mass Tort/Class Action Team
Shareholder
732.855.6424
212.267.3091