Mesothelioma is a particular type
of cancer disease which happens in the peritoneum which is a protecting layer
of tissues that surrounds the cavity of the abdomen. Asbestos is the main
culprit of Mesothelioma because the fibers of the asbestos get attached with
different internal organs when asbestos is ingested or inhaled. Though it takes
a lot much type to cause malignant Mesothelioma from the asbestos infection,
still the rate of cancer due to asbestos is quite high. It takes around 20 to
40 years between the initial direct exposure to asbestos and the diagnosis of
the first symptom.
Due to the high rate of cancer
due to this industrial hazard, the legal issue is also quite common. Since the
year of 1970, the no of litigation in the Mesothelioma has increased at a rapid
rate and that too specially in the country of USA. The first successful lawsuit
in Mesothelioma case was reported in the year of 1973 where Borel won the case
against Fibreboard Paper Products Corporation.
There are mainly three methods
through which the lawsuits in Mesothelioma case are handled. The most common
method is the lawsuit done by an individual and most commonly it ends with a
settlement out of the court. The average individual settlement amount is
reported to be 1 million dollar; where the cases went to trial have an average
settlement amount of 4 million dollar. However, another report shows that the
individual average settlement amount largely varies from four-figure to
seven-figure pay checks. The second method of lawsuit action in Mesothelioma
case is the group action. In this method, a large group of effected individuals
and families sue the company for asbestos pollution; and on successful lawsuit,
the settlement amount is given to the whole group. And lastly, the settlement
amount can be obtained from the Mesothelioma settlement trust. Suing through
trust is a straightforward method where there is no need to deal with judges or
medical experts.
Some of the notable Mesothelioma
case and their settlement amount:
- San Fransisco, 2006 – Clemmer vs. John Crane Institution - $8,6000,000
- Los Angeles, 2001- Efstratios vs. John Crane Institution - $4,400,000
- San Fransisco, 2003- Ransdell vs. Sequoia Ventures - $2,500,000
- Libbya, Montana, 2011- $43 million settlement for 1300 miners & families
- San Fransisco, 2003- Hoeffer vs. Rockwell Automation - $2,999, 543
- San Fransisco, 2000- Chavers vs. Owens-Illinois Institution - $4,600,000
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