The Politics of Asbestos Settlements

The Politics of Asbestos Settlements

State Capital Bldg, Albany, NY

There is no fair method or exact way to quantify the heartache and loss suffered by a mesothelioma patient and his or her family.  Settlements vary greatly between states and their laws, and between one case and the next.

 The biggest factor that affects the settlement proceeds (besides the scale of suffering by the mesothelioma patient) is, in fact, the region (or state) and the political atmosphere (meaning, which party is in power) surrounding the mesothelioma settlements.  If the GOP is in power, the squeeze on Big Business seems to subside somewhat.  The large manufacturers are well entrenched in our political system.  For evidence of that, take a look at how long it took to bring the tobacco companies to court.  For more evidence, see the short video below.

Plenty of asbestos mesothelioma lawsuits were being brought 15 -20 years ago.  Back then the political climate was very much in favor of the patients suffering the ill effects of the ‘Silent Killer.’

Much has changed, however.  Some states have passed laws that place the onus on the patient to provide evidence that their condition was in fact caused by asbestos.  In the mid 1990s there was reform-minded legislation being proposed all over the place due to some perceived abuses by attorneys and patients both.  Some found themselves on the hot seat after some damage claims were thought to be much exaggerated.  Still, after all that, if the case is genuine and real, there seems to be nothing in the way of obtaining a just settlement

As far as the amount of money that is settled upon, there is no way to generalize, as each case is slightly different. There have been cases where the awards are a few thousand dollars upwards to a million.  Lately, though, with many of the manufacturers long gone or reorganized, the awards are much leaner.  

The author’s father was thought to suffer from mesothelioma, based upon his exposure history and the aggressive manner in which the disease advanced.  Lab tests, however, failed to confirm that and the diagnosis was termed lung cancer.  He still received settlements but they were greatly reduced.  It was said that his exposure to asbestos greatly exacerbated the lung cancer.

The awards are based upon to what extent the accusation of negligence is valid and how much damage can be shown as a result, by the patient.  Settlements often are affected by precedent -by how much money other, similar cases have settled for.

Today, most of the worse case patients have passed on.  Compared to a generation ago, there are few cases that come up. This is due to the fact that there has been worker protection in place to curb exposure to asbestos for over 35 years.  Asbestos use for many of the most common applications ceased that many years ago, as well.

The author’s experience with his father’s class action case has been that it is pretty much drying up.  There were some nice settlement awards in past years (none were life changing income). Another individual who initiated a claim in the late ’80s was known by the author to collect some sizable awards.  That is not to say that a new valid claim does not have merit.  And, it does not mean that it shouldn’t be pursued.  There are plenty of ;law firms still in the arena that would gladly go to bat for someone suffering from past exposure to asbestos.

Asbestos Money and Politics

(Politics of Asbestos Settlements will make you feel sick).

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