Peritoneal Mesothelioma

U.S. victims of asbestos-related diseases face years of litigation in the courts in their bid to win compensation. More than 100,000 Americans have not yet even had their claims heard in courts with many states still dealing with claims filed in 1980. In recent decades, the U.S. asbestos industry has paid out in excess of $ 10,000 million in compensation and very few companies continue to operate.

In what is seen as a major breakthrough which could end the lengthy legal battles and speed up the litigation progress, an agreement has been reached between some of the lawyers acting on behalf of disease victims, and the Centre for Claims Resolution ( C CR ) an organisation formed by 20 asbestos companies to handle personal industry claims.

The deal, approved by a federal court judge in Philadelphia last month, provides compensation totalling about $ 1,000 million over the next ten years for an estimated 100,000 victims of mesothelioma. Maximum individual payments would be $200,000. Additionally, victims of other lung cancers would be paid between $10,000 and $86,000, awards of between $5,000 and $32,000 would be made for victims with other cancers which can be linked to asbestos exposure whilst up to $ 30,000 could be awarded to individuals with non-malignant diseases.

Negotiations for the settlement were initiated in January 1993 and any victim may claim who had not filed a claim before that date. Victims not included in the settlement procedure may choose to continue to pursue legal action through the courts and some victims' lawyers are likely to appeal against the settlement on the grounds that their clients' awards could be substantially higher if conventional court proceedings were pursued.

However, there is some optimism that the accord may serve as a model for further similar deals. The asbestos companies favour it as it places a ceiling on the amount of compensation to be paid whilst the victims are assured of compensation within a specified time frame. At present there is a logjam and no federal lawsuits have proceeded since 1992.

The C C R which represents about 25% of the U.S. asbestos industry, including such prominent names as Turner & Newall, Union Carbide and National Gypsum (now Asbestos Claims Management), expects other producers to join in a second, expanded scheme. The settlement has no bearing on claims against asbestos companies over their liability for the cost of removing asbestos from buildings.

Mesothelioma |