Mesothelioma Legal Blog

The Environmental Protection Agency (EPA) recently issued new guidance rules for asbestos as part of the latest updates to the reformed Toxic Substances Control Act (TSCA), which could potentially have a large impact on future asbestos production in the United States. The new rules, referred to as significant new use rule (SNUR), would allow the agency to prevent new uses of asbestos, a naturally occurring mineral directly linked to deadly cancers such as mesothelioma.

Boilermakers are at a high risk of asbestos exposure. Asbestos is a fibrous mineral that was used heavily in several industries in the 20th century. Asbestos is resistant to heat, corrosion, and electricity, and for those reasons, it was seen as an ideal mineral to use in boiler production and operation. Asbestos is an effective insulator for boilers, and manufacturing and insulating boiler equipment with asbestos can reduce the risks related to high temperatures.

An Oregon jury recently awarded a Beaverton man and his wife $8.75 million dollars in a mesothelioma asbestos lawsuit filed against drywall maker, Kaiser Gypsum. Jurors agreed the plaintiff’s mesothelioma was more likely than not caused by his repeated exposure to the asbestos-laced spackle product at his job and that the defendant knew for a decade about the risks the product could pose. The award is one of the largest asbestos verdicts in Oregon. The Portland jury awarded the plaintiff $750,000 for medical expenses, $4 million to himself for pain and suffering, and an additional $4 million to his wife.

For purposes of this article, the mesothelioma victim in this case will be referred to as B.D. In a recent court ruling, a jury ordered a helicopter company to pay $8.8 million in damages to the family of B.D. Unfortunately, B.D., a mechanical engineer, passed away from mesothelioma, having been exposed to asbestos primarily through the products he worked with while at Bell Helicopter. In the landmark ruling, the survivors were awarded actual and punitive damages, highlighting how the courts held companies that failed to address the dangers of asbestos exposure accountable.

For purposes of this article, the mesothelioma victim in this case will be referred to as M.P. In a recent court decision, a South Carolina state court jury awarded $63.4 million to a man diagnosed with malignant mesothelioma in a case against Johnson & Johnson (J&J). The compensation amount is meant to cover both punitive and compensatory damages. M.P. was diagnosed with malignant mesothelioma, a rare and aggressive illness that develops after asbestos exposure, at the age of 53. He blamed his illness on his lifelong use of Johnson & Johnson’s talc powder.

The use of asbestos in products to help provide protection from fire first began centuries ago, but it became increasingly more common during the early twentieth century. Asbestos is a very effective material to provide fireproofing and fire protection, but it is also very dangerous when its microscopic fibers are inhaled. Since the 1980s, the use of asbestos has almost entirely been discontinued. Asbestos was an inexpensive additive used in numerous fire-resistant products. Beginning in the mid-1800s, asbestos was used in textiles, woven into fabrics to make them more resistant to fire.