Related Topics ► Other TopicsConnecticut (CT) Mesothelioma and Asbestos Exposure
Being one of smallest states in the union in terms of area, it is ironic that Connecticut may be one of the largest in terms of risk of exposure to asbestos. Chance of exposure is not limited to construction sites or industrial locations. Asbestos can be found in public buildings, restaurants, schools and insurance companies as well as shipyards and chemical factories. Indeed one website mentions that there are over 600 locations in Connecticut where there have been know instances of asbestos exposure. Interestingly, there was only one place in the state where asbestos was actually processed, and this was in Torrington, in the northwest region. Also, all of the known sites of asbestos exposure are in the three cities of Fairfield, Hartford and New Haven.
At Risk Occupations and Locations in Connecticut
Other than the workers directly involved in processing asbestos, machinists, millwrights, welders and operators of metal grinding or cutting equipment also have a high risk of exposure to asbestos. Some of the industries where asbestos exposure is common include power generating plants, chemical plants, oil refineries, pulp and paper mills, marine construction and repair facilities and steel and iron mills. Any industry or process that involves heat, flame, electricity or corrosive chemicals use asbestos in everything from insulation to protective clothing. Because of its flexibility and insulation qualities, asbestos seemed an ideal problem solver in the manufacture of everything from engine gaskets to cement piping used in many water systems. With articles of protective clothing incorporating asbestos such as gloves, leggings, aprons, overcoats and even masks, second hand asbestos exposure is also a cause for concern. Workers would take these fibers home and through handling and laundering, risk exposing their families as well.
Asbestos Related Deaths in Connecticut
As asbestos ages it also becomes brittle or frailable, and is most dangerous when damaged or disturbed. This causes the release of microscopic needles in the form of dust that will attach to the soft tissue in the air sacs of the lungs when inhaled. It is the inhalation of these asbestos particles that has been linked to lung cancer and a non-cancerous scarring of the lungs known as asbestosis. Further to these, asbestos exposure is the sole known cause of mesothelioma which is a deadly cancer that can affect the lining of the lungs, heart and abdomen.
There were 498 asbestos related deaths in Connecticut between 1979 and 1999. 249 deaths were diagnosed mesothelioma and 249 attributed to asbestosis. Like most other states, higher rates of mesothelioma occur in urban areas. Of 122 deaths in Hartford County, 65 were due to mesothelioma. In Tolland County, there were eight deaths of asbestosis and 4 of mesothelioma.
The symptoms of mesothelioma may not develop for literally decades after exposure. With the state's existing statute of limitations for personal injury, this makes filing for damages difficult.
Although Connecticut has not had a mesothelioma case reach the level of the state Supreme Court, there have been four cases that referenced mesothelioma in related matters.
The first of these cases was regarding the statute of limitations for filing a worker's compensation claim. In Ricigliano v. Ideal Forging Corp., the claimant was diagnosed with a disease but was unaware of the connection between the workplace exposure and the disease until a significant time later. The lower courts' decision that the statute of limitations started at the time of diagnosis, was reversed by the state Supreme Court, citing the latency period of mesothelioma as its reasoning for the decision.
Mesothelioma was referenced in Maher v. Quest Diagnostics, Inc, in determining whether "doubling times" of disease could be admitted in a lower court case, as scientific fact.
The case of Hatt v. Burlington Coat Factory, determined that an individual wishing to file suit regarding mesothelioma, he could sue only the last employer to have caused the exposure to asbestos, regardless if he had exposure earlier in his work history.
The final case of the four is the only one that reached the state Supreme Court that was specific to a victim of mesothelioma. Lafayette v. General Dynamics Corp. had to do with collateral estoppel, which prevents a party to a lawsuit from raising an issue that was already decided against in a prior lawsuit. In this instance the plaintiff had sued for wrongful death damages and won. The plaintiff then sued for survivors' benefits under Connecticut Workers Compensation law and the defendant tried to disprove the cause of death. As this had already been determined in the previous lawsuit, the Connecticut Supreme Court ruled that collateral estoppel did apply.
Legal Resources for Connecticut Residents
Asbestos is commonly found in school buildings constructed prior to 1980 but more recently there has been an asbestos link to clay used in art classes in schools across the state. A memo issued by Connecticut Department of Public Health states that clay made from industrial talc may have asbestos contamination. Although there has been no determination of the degree of risk of asbestos exposure, miners of talc in upstate New York do incur high rates of mesothelioma.
Connecticut's statute of limitations regarding personal injury and wrongful death, make it difficult for anyone filing suit for damages in mesothelioma cases. For personal injury claims, you must file within two years of the date that caused the injury or from the date of the discovery of the injury and no more than three years from the date of the act. In the case of wrongful death you must file within two years of the date of death but no more than five years from the act that caused the death. The problem herein is obvious in the case of mesothelioma, where symptoms may appear decades after exposure.
Connecticut has no provision in place for the amount of damages that may be obtained in a case for mesothelioma, nor is there a specific statute regarding asbestos. For damages over $200,000.00 however, the court can order a lump sum payment if parties do not agree on a schedule of payment.
State Index
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