Few injury cases in the US have endured for as long as asbestos litigation, impacting not only legal landscape and lives but also decades-long battles over asbestos material that once seemed miraculous for fire resistance but is now at the center of complex legal battles to defend its use in disease from mesothelioma and asbestosis diagnoses through long standing litigation proceedings.

Asbestos Litigation: Beginnings 

Throughout the 20th Century, asbestos was widely utilized across numerous industries from shipbuilding and construction, to ship repair. Due to its heat-resistant qualities, asbestos proved invaluable during World War II, used on aircraft engines as insulation, roofing tiles, and in-home appliances like hairdryers and toasters. Unfortunately, workers unwittingly exposed asbestos fibers while unaware of their dangers; later linked with lung diseases including asbestosis, lung carcinoma, and mesothelioma.

In the 1960s, lawsuits were first filed by people suffering from asbestos-related diseases due to prolonged exposure. Plaintiffs typically worked in industries that heavily employed asbestos: construction workers, miners, shipyard workers, and factory employees were typically the plaintiffs. Companies were accused of negligence in terms of failing to warn workers about health risks as well as manufacturing unsafe products and were accused of negligence either settling claims or contesting liability leading to a multi-decade legal process.

Why Asbestos Lawsuits Take So Long

There are various factors contributing to the length of an asbestos lawsuit. First is its sheer scale, over time tens of thousands have filed suits and new cases continue to surface as diseases such as mesothelioma take up to 50 years to manifest. Therefore those exposed during the 1960s and 70s could still be living with its consequences today and filing legal suits. Asbestos exposure is one major cause of asbestos-related diseases, with estimates suggesting up to 730,000 individuals could potentially file suits.

Due to their complexity, asbestos cases often last years before reaching court. Many contractors, manufacturers, and suppliers may all play a part in exposure stages. Medical evidence and expert testimony are often required in each case to establish exactly where exposure has taken place. Unfortunately, many asbestos companies have gone bankrupt or been closed down, leading to trust funds established solely to compensate victims, with litigation over how these trust funds should be distributed funds being an ongoing process.

Legal strategies used by defense counsel also prolonged litigation. Companies facing asbestos lawsuits frequently attempted to delay or reduce their liabilities by disputing the causal link between asbestos exposure and diseases and subsequent lawsuits, creating an enduring legal battle. A combination of slow settlements, appeals, and trial delays combined with increasing lawsuit counts created a perfect storm that led to extended litigation battles.

Asbestos Trust Funds

Many corporations have filed for bankruptcy as a response to increasing litigation and financial difficulties related to asbestos companies. At one point in time during the 20th and early 21st centuries, several major manufacturers like Johns-Manville established trust funds for victims as a form of compensation after declaring bankruptcy.

Even with trust funds in place, it can still be challenging to ascertain which claimants deserve compensation and how much. Trust funds have also become the target of litigation as various plaintiffs sought a larger share of available resources.

The Battle Continues

Although much has been done to establish trust funds and settle cases involving asbestos exposure, litigation over asbestos use is far from being resolved. New cases were filed during the 2000s by people exposed through secondhand exposure or products such as talcum powder.

Recently, mass tort litigation has revolutionized legal proceedings by enabling groups of people with similar claims to file as one en masse. This approach has led to quicker settlements while simultaneously increasing the complexity of lawsuits. An emerging body of evidence shows that asbestos-related diseases develop at slower rates than previously expected, potentially prolonging litigation for years after initial claims have been filed.

This asbestos litigation case is perhaps one of the longest-running personal injury suits ever brought against U.S. corporations and individuals. Spanning decades, this legal marathon involved thousands of companies and millions of individuals as they each filed claims resulting in billions in settlements or compensation being distributed as settlements or awards from this legal battle that never seems to end. Asbestos litigation's duration serves as a tragic reminder that workers and environments alike must be protected against harmful and hazardous substances.

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