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 Mesothelioma/Asbestos - Class Action Information

It has been estimated that roughly half a million lawsuits have been filed due to injuries, illness and death resulting from asbestos exposure. Most of these lawsuits have been brought against manufacturers and distributors of materials or products that contained asbestos. Some lawsuits have even been filed against the owners of mines where workers were exposed to asbestos in the normal course of their job. All of these lawsuits seek compensatory damages for the injury or death caused by asbestos and many seek punitive damages as well.

The hazards of asbestos have been known for some time. In 1906, 50 deaths were linked to asbestos dust from a weaving mill. Still, asbestos was widely used in construction, particularly in public buildings and naval shipyards, until the 1970's. While the Environmental Protection Agency can regulate asbestos in the environment, the EPA is generally unable to regulate consumer exposure to asbestos because of a 1991 lawsuit by U.S. and Canadian asbestos companies.

Asbestos is a mineral and is mined in much the same way that other minerals are. There are many varieties of asbestos with the three most common being chrysotile Asbestos, amosite Asbestos, and crocidolite Asbestos. The first commercial asbestos mine opened in Quebec, Canada, in the 1870's. Unlike most minerals, which turn into dust particles when crushed, asbestos breaks up into fine fibers that are too small to be seen by the human eye. When Asbestos is left intact and undisturbed, it does not generally pose a health risk. However, when asbestos fibers become airborne and are inhaled they can cause serious damage to a persons health. These microscopic Asbestos fibers can cause severe damage the lungs and result in Asbestosis or Mesothelioma.

One study estimated that 3,000 different types of commercial products contained asbestos. Asbestos was first used in the United States in the early 1900's, but it was not until the early 1940's that Asbestos was used extensively. Health hazards from asbestos dust have been recognized among workers exposed in shipbuilding trades, asbestos mining, asbestos manufacturing, insulation work, automotive brake repair, electrical workers, welders, plumbers, HVAC workers, roofers, and other trades.

There is even evidence that the family members of people who worked with or around asbestos face an increased risk of developing asbestos-related diseases. This is thought to be a result of exposure to asbestos dust brought into the home on the shoes and clothing of workers.

Class action lawsuits related to asbestos injuries are being filed in state and federal courts across the country. Most of the lawsuits brought in federal court have been transferred to one federal court in Pennsylvania and have been combined into one huge and very complex lawsuit. That court has ruled that, at least for the time being, the court will consider only compensatory damage claims and will not address lawsuit claims for punitive damages.

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