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Mesothelioma Class Action Lawsuit

Class action lawsuits involving mesothelioma and asbestos began surfacing in the late 1960s after the public became aware of the serious health hazards associated with asbestos exposure. Since, judges have resorted to a number of procedural methods to manage asbestos claims that now number in the millions. In the American judicial system, class action lawsuits long have been a way to resolve disagreements involving similar claimants with similar injuries and defendants. Compared to other mass torts, however, class actions have not been widely used in asbestos cases.

A class action lawsuit is a claim in which a group of people collectively bring a complaint to court. These types of lawsuits are filed against a defendant by one or more plaintiffs on behalf of a group of “similarly situated” people. State and federal courts have their own procedural rules governing class actions. Generally, in order to maintain a class action lawsuit, the group must share similar injuries caused by shared circumstances that raise the same legal issues. If the court determines that there are sufficient similarities and that separate lawsuits would be impractical or burdensome, it will certify the group as a class and allow them to litigate their case collectively.   

Mesothelioma class actions typically are filed against companies that knew the dangers of asbestos exposure but did not inform employees of the risks. Manufacturers and distributors of asbestos-containing products, mining and construction companies and shipbuilders are often named as defendants in these types of class actions.

If you have questions about class action lawsuits or asbestos related issues, get your free copy of the Mesothelioma Center's informational packet. The all-encompassing packet outlines issues about asbestos, exposure and the diseases it causes and offers helpful hints about how patients can get the care they need. Fill out this form to get a free copy of the packet mailed to you.

History of Mesothelioma and Asbestos Class Actions

About 20 years after the first mesothelioma and asbestos class action lawsuits were filed, the number of cases grew to about 20,000. As awareness about asbestos related diseases increased and doctors diagnosed more people with mesothelioma cancer, the number of claims escalated to about 750,000 in another 20 years. Judges were aware of the overwhelming number of claims and the difficulty of managing so many. In 1991, federal asbestos cases were consolidated in the U.S. District Court for the Eastern District of Pennsylvania for pre-trial purposes. Multi-district asbestos litigation continues to be heard in this court, and is known as MDL 875.

Shortly after the cases were transferred to the MDL, many expected that the presiding judge would facilitate a global settlement between the major asbestos defendants and plaintiffs’ attorneys. When this effort failed, a group asbestos manufacturers, who had formed the Center for Claims Resolution (CCR), and major plaintiff’s firms attempted to negotiate a settlement agreement. Not intending to go to trial, the parties filed a complaint, an answer, a joint motion to certify a class and a proposed settlement agreement for a case entitled Georgine v. Amchem Prods., Inc.

Under the proposed Amchem case, the parties would seek to create a class solely for settlement purposes. Claims of unimpaired plaintiffs would be deferred and a payment matrix would be applied to other claims, including future asbestos claims. The U.S. Supreme Court eventually ruled against class certification, holding that it was inappropriate because the class of claimants was too large and had too many varied interests. In addition, common questions of law and fact did not predominate within the proposed class.

Since Amchem, federal courts have not favored asbestos class actions. In Ortiz v. Fibreboard Corp., 527 U.S. 815 (1999), the Supreme Court again ruled against certifying an asbestos class action. Although state courts have generally been more willing to certify class actions than federal courts, asbestos class actions are not as common as class actions for other types of torts.

Deciding Whether to Participate in a Class Action

If you are asked to join an asbestos class action, remember that you can choose to join the class or "opt out" so that you can pursue your own lawsuit. You should consider hiring a mesothelioma attorney to advise you on your individual circumstances and legal options.

An out-of-court settlement is likely when a large group of claimants is involved. Any settlement is divided among several, potentially thousands, of claimants. This possibility may be attractive to patients who wish to avoid a trial. It is, however, difficult to get several plaintiffs and defendants to reach agreement on legal issues. As a result, settlement is not guaranteed. If the parties do manage to reach agreement on a class action settlement, the court must still approve the settlement terms. Many claimants instead choose to hire their own attorneys to file individual lawsuits. These claimants still have the possibility of settling their cases.

Class action members generally have less control over their cases than claimants who file separate lawsuits. Lawyers who handle class actions represent the interests of a large number of plaintiffs. Attorneys for individual lawsuits, however, can focus more closely on their client’s individual issues. Many asbestos claimants prefer to have more control over their cases and opt not to join class actions. 

Help Pursuing Your Legal Options

Mesothelioma patients often wish to pursue legal options, whether through a class action lawsuit or through an individual claim against those responsible for asbestos exposure. Meeting with a reputable and experienced mesothelioma lawyer can help a patient understand their legal options and the litigation process.

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