Mesothelioma and Asbestos Overview
Mesothelioma and Asbestos Resources
Mesothelioma is a disease which afflicts approximately 3,000 people a year in the United States. Mesothelioma is a form of cancer which affects the cells contained in the mesothelium, the outer lining which surrounds the heart, lungs, and stomach. Mesothelioma has an average latency period (the time period between the time of exposure and the onset of symptoms) of 20 - 30 years. A person diagnosed with mesothelioma is projected to live an average of less than 24 months.
Mesothelioma and Asbestos
The only known cause of mesothelioma is exposure to asbestos. Asbestos is a fibrous silicate mineral utilized in building materials. For instance, asbestos may be found in thermal and acoustic insulation, and fire proofing materials. If these materials are damaged, the microscopic bundles which compose the mineral may be released into the air. While the particles are airborne, a person risks inhaling the asbestos fibers into his/her lungs.
People may be exposed to asbestos in a variety of situations. The most often afflicted are those who work in factories, mines, shipyards. Pipe fitters, steel workers, and auto mechanics are also prone to exposure to asbestos. If asbestos dust gets on a worker's clothes, he or she may bring it home. If this is the case, anyone who may come in contact with the worker's clothing, such as the employee's spouse or children, may also be exposed to asbestos and at risk for developing mesothelioma.
The United States Environmental Protection Agency, the Agency for Toxic Substances and Disease Registry, and the National Institute for Occupational Safety and Health have developed an awareness campaign regarding the dangers of asbestos in the home and workplace. The Asbestos Hazard Emergency Response Act of 1986 and the Asbestos School Hazard Abatement Reauthorization Act of 1990 were ratified in order to address concerns relating to asbestos exposure. The National Directory of Asbestos Hazard Emergency Response Act Accredited Courses provides a directory of training courses on how to safely handle asbestos.
Litigation
Asbestos litigation was first introduced to the American legal system in the 1960's. People who have suffered from mesothelioma and the complications of asbestos exposure may bring a lawsuit based on a variety of legal theories. For instance, a plaintiff may sue the manufacturer of the product containing asbestos for damages based on product liability. In a product liability case, the plaintiff will try to show that by working with a defective product he/she was exposed to asbestos fibers, and thus developed mesothelioma. A person diagnosed with mesothelioma may also bring a worker's compensation suit against his/her employer. In a worker's compensation case, the plaintiff sues the employer for unsafe work conditions or negligence which led to the plaintiff's injury.
While the statute of limitations (the time limit within which one may bring a lawsuit) varies from state to state, a person who is suffering from mesothelioma generally has 12-24 months from the time of diagnosis to file a lawsuit. The family members of a person who has died from mesothelioma also may file a lawsuit for wrongful death, usually within 12 - 24 months of the person's death.
While settlement amounts vary from case to case, people who have contracted mesothelioma and asbestos related diseases have sometimes been awarded compensation up to over a million dollars. Since the early 1970's through 2002, there have been more than 730,000 asbestos related lawsuits. It is estimated that there will be 500,000 to 2, 4 million more claims. Some policy makers are concerned that the number of asbestos related lawsuits are flooding the American legal system, and are advocating for litigation reform.