Legal History of Mesothelioma

By: Dan Lockland

The first cases of asbestos litigation in relation to mesothelioma were started as far back as 1929, when a worker was awarded damages for his pain and suffering. As part of that deal, his attorneys agreed not to pursue other cases. As early as 1960, academics published papers that linked mesothelioma to exposure to asbestos.

The first major award came in June of 1982, when James Cavett, a retired boiler-maker, was compensated with almost 4 million dollars in compensatory and punitive damages. From that point on, the number of asbestos-related cases on the docket of the Supreme Court has skyrocketed.

The 1982 court case set many precedents for the mesothelioma suits that would come later. The defendant in this case was the Mansville Corporation. With no other recourse, they were forced to file for protection against Bankruptcy. In the days prior to Enron and Worldcom, this was the largest company to file for bankruptcy in history, listed at 181st on Fortune's list of the 500 largest companies in the world. With 16,500 mesothelioma related cases pending, Mansville was left with little choice.

In court, it was proven that Mansville had a substantial record of hiding the negative effects of asbestos both from its own workers and the general public. Indeed, documentation existed in the form of letters from corporate doctors to high management that highlighted the numerous risks involved with exposure to asbestos.

The 1980's and 1990's saw a drastic increase in asbestos-related court cases as people grew more and more knowledgeable of the prevalence of mesothelioma. To date, billions of dollars has been awarded to victims.

According to the Environmental Working Group Action Fund, approximately 10,000 people die each year from asbestos-related years in the United States alone. That figure includes 1 out of every 125 men over the age of 50. There have been more than 700,000 plaintiffs involved in asbestos litigation, against 6,000 companies acting as defendants. Still, the United States Congress has been unable to pass any kind of legislation on the legal aspects of asbestos, and the tort industry remains fertile ground for misconceptions.

Mesothelioma has a long history in the courts, and it doesn't appear to be going anywhere. With thousands of people continuing to die each year from mesothelioma, the atmosphere remains ripe for both lawyers and those suffering to keep going after asbestos companies they feel are responsible for their illness.