Mesothelioma can take 20 to 50 years to manifest. The compensation sufferers and their legal representatives deserve should not take so long. If you are an attorney or plaintiff with slow-paying Mesothelioma settlements, RD Legal Funding can convert your settled cases into immediate cash via our proprietary Fee Acceleration post-settlement funding program. By filling out the brief application to the right, you become eligible for a free consultation with a mesothelioma lawsuit funding specialist — or call 1-800-565-5177 to speak with a Fee Acceleration expert.
Mesothelioma is a highly aggressive form of cancer found in the thin lining of the lung, chest, abdomen, and heart. A 1964 study of 1,000 workers producing asbestos insulation for the U.S. Navy showed conclusively that their mortality rate was 25 percent higher than normal. The workers died of asbestosis, malignant mesothelioma, and other cancers including lung, stomach, and colon.
More than 600,000 mesothelioma litigation cases have been filed to date in this country. As of today, asbestos has been banned in Europe and Japan but is still in use in the United States in roofing materials, gaskets, fire-retardant products, and friction products.
The NIH estimates that 11 million people were exposed to asbestos between 1940 and 1978. Approximately 50 percent of patients will experience a life span of 8 to 18 months after treatment. About 30 percent or more have a chance of living five years or more. More than 2000 new cases are diagnosed each year, commonly in people between the ages of 50 to 70. About 2,000 to 3,200 asbestos-related lung cancer deaths are recorded annually.
Mesothelioma cases proved hard to prosecute at first because of statutes of limitations. The first mesothelioma litigation in the United States, filed in 1966 in Beaumont, Texas was settled out of court. In a 1969 suit the accident prevention manager for Johns Manville testified that he did not hear of asbestos toxicity until 1964 so the court ruled that the company couldn’t be held liable for asbestos injuries occurring prior to 1964. However, new evidence uncovered in 1977 showed that at least one asbestos company knew about the toxic nature of asbestos as early as 1930. Companies that were aware of the risks of asbestos exposure in the 1960s continued to allow workers to be exposed for almost another ten years before the information was released to the general public and the commercial use of asbestos was phased out.
Since 1977, Congress has proposed legislation to create a trust from which the thousands of asbestos injury claims would be paid. The Asbestos Compensation Act of 1998 spells out the main components of the Asbestos cancer law now in place. From 1999 to 2000, Henry Hyde worked to get the Fairness in Asbestos Compensation Act passed and created the Asbestos Compensation Fund.
By 2002, defendants paid $49 billion in compensation to claimants. During the past 30 years, nearly 100 companies subject to asbestos lawsuits have filed for bankruptcy. By 2011, 60 asbestos trusts had reportedly been established on behalf of companies that have filed for reorganization. Courts are expected to order the creation of additional asbestos trusts as more defendants file for reorganization. Since creation of the first asbestos bankruptcy trust in 1988, trusts have paid out about $17.5 billion for more than 3.3 million claims.
Asbestos litigation is the longest running mass tort in U.S. history. In 1991, the MDL panel created MDL 875 “In Re: Asbestos Products Liability Litigation” which transferred millions of asbestos-related personal injury claims to the Eastern District of Pennsylvania. As of 2011, every case had either been settled, dismissed, remanded, or subject to a scheduling order. However, suits continue to be lodged as workers are diagnosed with mesothelioma.
Currently, over 1.25 million veterans suffer from mesothelioma and other asbestos related diseases. The VA officially recognizes mesothelioma and other asbestos related diseases as service-connected disabilities, because asbestos exposure was so prevalent during 20th century military life. The VA also recognizes that diseases of the lungs, bronchus, gastrointestinal tract, larynx, phranyx, and the urogenital system may all have been affected by asbestos during service. Other asbestos related diseases recognized by the VA include asbestosis, fibrosis, pleural effusions and fibrosis, and pleural plaques, all of which affect the lungs.
RD Legal Funding is positioned to provide Mesothelioma plaintiff’s attorneys and their clientele with immediate post-settlement financing. To start accelerating your legal fees today, please fill out the brief online application located at the upper right corner of this page. Or you can call RD Legal toll-free at 1-800-565-5177 to speak with one of our mesothelioma lawsuit funding experts.