MESOTHELIOMA CLASS ACTION SUITS

Introduction to Mesothelioma class action suits

We are going to talk about mesothelioma class action suits. Class action suits are lawsuits filed by individuals against a company in order to gain reimbursement for their medical expenses.

The mesothelioma industry is one that has been plagued with dangerous materials and products for years. It was not until the mid-1990s that the use of asbestos was banned and asbestos-containing products were made illegal. Asbestos is a known carcinogen, and it is thought that mesothelioma may be caused by exposure to these chemicals.

Asbestos has been known to cause cancer, as well as lung disease, malignant pleural effusion (a thickening of the tissue around the lungs), malignant pleural plaques (small collections of asbestos fibers), malignant mesothelial proliferation (the formation of new epithelial tissue in the lining of the body: generally when cells grow too rapidly or become exhausted), and malignant mesothelial tumors (tumors composed entirely of asbestos).

Asbestos was used widely in construction, manufacturing, and shipbuilding industries, among others. In addition to manufacturing asbestos products such as insulation products, it was also widely sold as fire-retardant materials, such as mineral wool insulation materials (made from woolen fibers woven together), fiberglass insulation materials (made from glass fibers woven together), and fire retardant paints and coatings made from these same fibers. Some types of asbestos were also used in various types of textiles; these include things like alpaca wool yarns, cotton yarns, linen yarns, and other similar textiles; sisal fiber; rayon; nylon; polyester; polyurethane; polyvinyl chloride (PVC); vinyl acetate plastics such as PVC flooring material or roofing material or roofing tile or roofing tiles or roofing tiles or roofing tiles or roofing tiles or roofing tiles or roofing tiles or roofing tiles.

Mesothelioma and class action rights

Mesothelioma is a rare and deadly form of cancer that can arise from exposure to asbestos and other toxic materials. A class-action lawsuit was recently filed against the manufacturer of asbestos products, Dow Chemicals, for allegedly failing to warn mesothelioma patients about the dangers of their products.

The company is one of the top three manufacturers of asbestos products. Asbestos exposure in the workplace has been linked to mesothelioma, a rare but deadly form of lung cancer that is often found among those who have worked in areas where asbestos was used for decades.

Pros and cons of a lawsuit

A mesothelioma class action suit is a lawsuit in which an individual sues for compensation after being diagnosed with mesothelioma, a cancer of the lining of the lungs, chest cavity, and abdomen. The suit is initiated by one or more individuals rather than a governmental agency, and typically involves the individual’s experience with asbestos-containing products such as electrical insulation, cement, and roofing materials. The lawsuit takes place in federal court, but sometimes also in state courts.

In the United States, mesothelioma class action suits are common in states where asbestos-containing products were manufactured and sold to the general public long before they were required to be labeled as containing asbestos.

The lawsuit against asbestos manufacturers is known as a “product liability suit”.  Even though broadly defined by some courts, “product liability” suits filed against any manufacturer of an unsafe product are rare in practice. Instead, most product liability suits focus on individual plaintiffs who lost their jobs or homes due to exposure to dangerous products. Class action suits are rarer still: just 3% of all product liability cases filed by plaintiffs win their cases.

Mesothelioma cases are similar to other types of product defects claims:  the plaintiff seeks damages for physical injuries caused by a defective product. However, because mesothelioma is more often caused by exposure to high levels of asbestos such as found in building materials or insulation that contained asbestos fibers during its manufacture or use, it differs from other product defect actions in that it does not require proof that an unsafe product caused the plaintiff’s injury. This is called “non-culpability”.  To win a case involving non-culpability only one element must be proven beyond a reasonable doubt: that exposure to asbestos fibers caused the plaintiff’s illness (and not something else).

Generally speaking: A mesothelioma case either requires proof that someone was exposed (called “culpability”) or proves someone was exposed but it cannot be proven beyond reasonable doubt that this person’s exposure caused their illness (called “non-culpability”).

Since there is no specific legal requirement for proof of culpability or non-culpability, there are different approaches used when deciding whether one element of a claim should defeat another element. For example: if all three elements are required for successfully proving culpability (or non-culpability), then each element would have to be proved beyond reasonable doubt

How to measure the success of the lawsuit

Themes of mesothelioma class action suits tend to be similar across brands and industries.

Themes of mesothelioma class action suits

Themes of mesothelioma class action suits are:

  • 1. The first lawsuit and the first motion to intervene.
  • 2. The first lawsuit that was filed in court.
  • 3. The most successful mesothelioma class action suit in terms of monetary damages awarded by a jury.
  • 4. Number of times the Mesothelioma Class Action Lawsuit has been consolidated into a single case before being resolved or appealed to the Federal Court of Appeals (CAFC).
  • 5. Amount of time that it has taken for the Mesothelioma Class Action Lawsuit to resolve or be appealed to the CAFC (including appeals pending at the time of publishing).

Conclusion

Mesothelioma is the sixth most common cancer in America, yet it remains largely under-recognized. The mesothelioma class action is ongoing. Mesothelioma patients are still being diagnosed, treated, and died by this deadly disease that we don’t understand.

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