The great asbestos cover-up, which began in the late 1940s, is finally over. The first legal dominos fell in the early 1970s, as courts began awarding compensation to asbestos exposure victims. As more dominos fell, they picked up speed and also changed directions. Secondary exposure victims successfully filed lawsuits as well. Now, more than fifty years later, the dominos are still falling. Will they keep falling the same way? That’s the question this blog addresses.

If you believe that you were exposed to asbestos, even as a child, speak to a healthcare provider about tests and screening to help diagnose lung-scarring and screen for asbestos-related diseases.

Victims are still seeking compensation because doctors are still diagnosing people with mesothelioma and other asbestos exposure illnesses. The incubation period for these conditions is usually more than fifty years. Thanks to the victims who won large cases back in the day, today’s victims have legal options that were unavailable to yesterday’s victims.

The legal landscape has changed, but asbestos exposure lawsuits haven’t changed. Before 1980, asbestos manufacturers made lots of money by downplaying, or simply ignoring, the health risks associated with asbestos. Now, thanks to diligent asbestos exposure lawyers, they’re finally paying the price.

The health risks of asbestos exposure can include:

Mesothelioma: cancer of the mesothelium, the thin layer of tissue surrounding the body’s organs. This cancer is only known to be caused by asbestos exposure.	Lung cancer
Laryngeal cancer: cancer of the larynx (section of the throat called the voicebox)	Ovarian cancer
Stomach cancer	Colon cancer
Pharyngeal cancer	Asbestosis: a chronic lung disease associated with asbestos exposure
Chronic Obstructive Pulmonary Disease (COPD)	Atelectasis (collapsed lung)
Pleural effusion (collection of fluid around the lungs)	Pericardial effusion (collection of fluid around the heart)

Indirect Exposure

Direct (work and service-related) asbestos exposure claims dominated the twentieth century. The aforementioned asbestos cover-up, and the concealment of risks, hurt these people the most. For example, in the late 1940s, actor Steve McQueen was a Marine. Supposedly, when he went AWOL in 1949, officers forced him to scrape asbestos off pipes, without giving him any personal protective equipment.

This dangerous trend continued. Fifty years later, builders in nine states allegedly paid teenagers and homeless workers as little as $100 a day to remove asbestos, once again without providing any protective equipment. Then-Attorney General Janet Reno called this practice “a shameful human exploitation” that violated “the basic standard of human decency.”

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Indirect (environmental) exposure claims are much more common in the twenty-first century.

Tiny asbestos fibers don’t float harmlessly into the air, as previously thought. Instead, stray fibers stay close to the ground. Furthermore, according to the latest research, mesothelioma’s incubation period is closer to seventy years.

“Some asbestos fibers may bypass…your body’s natural defenses…and lodge deep within your lungs. Those fibers can remain in place for a very long time and may never be removed.”

Source: American Lung Association

Direct Exposure and the Future of Asbestos Litigation

Direct exposure victims must usually file workers’ compensation or VA disability claims. But indirect exposure victims have additional options, such as:

Negligent Property Owner:

Property owners have a legal duty to provide safe environments. In most cases, this duty includes addressing, and removing, asbestos and other environmental hazards.

Failure to Warn:

Many asbestos manufacturers believe the statute of limitations would protect them from negligent failure to warn actions. But the discovery rule allows an asbestos exposure lawyer to bring such actions many decades after the SOL expired.

Defective Product:

Manufacturers are strictly liable for any injuries their defective products cause. Victims don’t have to prove fault or negligence in these cases. Once again, the discovery rule prevents these companies from hiding behind the SOL.

Non-legal options, such as a victim compensation fund claim, are now available as well. More on that below.

“The overall evidence suggests there is no safe level of asbestos exposure.”

Source: National Cancer Institute (NIH)¹

Talc/Asbestos

These two minerals usually exist side by side underground. Therefore, cross-contamination is very common. Traces of asbestos commonly contaminate talcum powder and other cosmetic products. A little cross contamination does a lot of damage.

A single asbestos fiber could cause a cancerous tumor to form in the meso lining between the heart and lungs.

Common cancer treatments don’t affect mesothelioma tumors. For example, doctors cannot use strong radiation therapy because the radiation damages the heart and lungs.

Furthermore, a single asbestos fiber could burn the lungs and create scar tissue. Advanced asbestosis cases are incurable and untreatable, unless the victim is a candidate for a risky total lung transplant.

Johnson & Johnson has agreed to pay $8.9 billion to resolve tens of thousands of talc/asbestos claims. But don’t get too excited. Tens of thousands of cases are still pending. Additionally, the company has set up a $4 billion legal defense fund.

“Generally, those who develop asbestos-related diseases show no signs of illness for a long time after exposure.”

Source: National Cancer Institute (NIH)²

Libby, Montana

This cross-contamination isn’t always accidental. Sometimes, companies know about the problem and hope they don’t get caught. That was the situation in this case.

We mentioned that talc mines are often close to, or even adjacent to, asbestos mines. The same thing is true of vermiculite and asbestos. Both substances are insulators and fireproofers. Vermiculite is non-toxic, assuming the mine isn’t contaminated with asbestos fibers. That’s exactly what happened in Libby, Montana.

Vermiculite in Libby was contaminated with asbestos. Hundreds were affected, including many who had nothing to do with the neighboring vermiculite mine.

Between 1963 and 1990, 80 percent of the world’s vermiculite came from the Grace Mine in Libby. This vermiculite was contaminated with a toxic and highly friable form of asbestos called tremolite-actinolite series asbestos, often called Libby Amphibole asbestos (LA). This substance has been found in water, soil, residential and commercial insulation, indoor dust, animal, and fish tissue.

The EPA added the Grace Mine to the Superfund site list in 2002 and completed cleanup in 2018. This effort has paid off, at least to an extent. Today, downtown Libby has 100,000 times less LA than it had when the vermiculite mine and mill were operating. But there’s no telling how many victims in how many places were affected. Because of the long illness incubation period, we probably won’t know until at least the middle of the twenty-first century.

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Texas Two-Step and Other Bankruptcy Issues

The Grace Company declared bankruptcy in April 2023. As a condition of that bankruptcy, the company offered to set up a $20 million victim compensation fund (VCF). As of June 2023, the matter is still tied up in court.

Grace also wants to create a new company, the WRG Asbestos Personal Injury (PI) Trust, to handle victim payouts. This corporate split is a common strategy in these cases. Ideally for corporate suits, Grace would emerge from bankruptcy leaner and meaner, while the WRG Asbestos Personal Injury (PI) Trust gets stuck holding the bag. That’s the Texas two-step.

Johnson & Johnson is trying to escape responsibility for asbestos-related diseases caused by its talcum products.

The talc/asbestos saga is another example. Johnson & Johnson tried to offload talc/asbestos claims onto a new company with a very shady name, LTL Management LLC. A federal judge temporarily blocked that move.

In other ways, when asbestos companies declare bankruptcy, victims benefit. VCF claims are much faster and cheaper than court claims. In return for this speed and savings, these victims get less compensation. Because of all these complexities, an asbestos exposure lawyer must evaluate your case and determine your best legal option.

AsbestosClaims.Law

At AsbestosClaims.Law, our mission to secure compensation for asbestos victims is more than professional; it’s personal.

Our founder, Justinian C. Lane, understands the devastating impacts of asbestos firsthand.

Both his grandparents and father, all asbestos workers, passed away from asbestos-induced cancers without realizing their eligibility for asbestos lawsuits or other forms of compensation.

We aim to prevent such tragic oversights by informing and guiding victims and their families through their legal options.

If you or your loved ones have suffered as a result of asbestos exposure, you could be eligible for considerable compensation. These funds could provide for medical treatments, asbestos removal services, and safeguard your health.

In addition, asbestos trusts offer compensation without the need for a lawsuit, providing a quicker, simpler path to justice.

Reach out to us at [email protected] or (206) 455-9190 for assistance with your claim. We offer compassionate listening, clear explanations, and we don’t charge a dime unless we win your case.

Beyond legal claims, we also advise on veterans’ disability, social security, and employment protection like workers’ compensation, FELA, and The Jones Act for maritime workers.

There’s no risk or cost to connect with our experienced team about your rights. Our commitment to your well-being means no fees unless you receive compensation.

For further queries or concerns about asbestos, explore our website and YouTube page, featuring infographics, videos, and answers to common questions on asbestos-related topics.

We’ve also introduced W.A.R.D., the Worldwide Asbestos Research Database. It’s the most comprehensive resource for asbestos-related information.

W.A.R.D. assists in pinpointing potential exposure scenarios, asbestos-containing products, and can indicate the types and potential amounts of compensation you may be entitled to receive.
Don’t delay — get in touch with us today!

1 National Cancer Institute (NIH), Asbestos Fact Sheet.
2 National Cancer Institute (NIH), Asbestos Fact Sheet.