Connecticut Mesothelioma and Asbestos Exposure Risks

Though Connecticut is one of the smallest states in terms of area in the United States, it may be one of the largest in terms of risk of exposure to asbestos. Risk of asbestos 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. Interestingly, there was only one place in the state where asbestos was actually processed, in Torrington, located in the northwest region. Also, the known sites of asbestos exposure may be found 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 may have used asbestos in everything from insulation to protective clothing. Because of its flexibility and insulation qualities, asbestos seemed ideal for use in everything from engine gaskets to cement piping used in many water systems. Articles of protective clothing incorporated asbestos fibers into the fabric in items such as gloves, leggings, aprons, overcoats and even masks. Second hand asbestos exposure is also a cause for concern since many workers unknowingly brought the toxic fibers into the home on their clothing and bodies.

Jobsites with Known Asbestos Exposure

Asbestos Related Deaths in Connecticut

As asbestos ages it also becomes brittle or friable, and is most dangerous when damaged or disturbed. This causes the release of microscopic fibers in the form of dust that may 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. Asbestos exposure is known to cause 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. Mesothelioma is the cause of 249 deaths while 249 additional deaths are 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 due to asbestosis and four as a result of mesothelioma.

Legal Resources for Connecticut Residents

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 of more than $200,000 however, the court can order a lump sum payment if parties do not agree on a schedule of payment.

Although Connecticut has not had a mesothelioma case reach the level of the state Supreme Court, there have been cases that referenced mesothelioma in related matters:

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 could sue only the last employer to have caused the exposure to asbestos, regardless of previous exposure earlier in work history.

Lafayette v. General Dynamics Corp. reached the state Supreme Court and 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.

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