Ohio Mesothelioma and Asbestos Exposure

The University of Cincinnati and two well known Ohio hospitals are known to have issues with asbestos, a mineral that causes a rare and aggressive form of cancer known as mesothelioma. There are also other dangerous sites in the state: Cardinal, Galiopolis, Marin City, Redding (home to utility and power plants) and the oil refineries of BP Amoco, Shell Oil, Sunoco, and the American Shipbuilding shipyard. Between 1948 and 1993, it is estimated that 445,321 tons of vermiculite (ore containing asbestos) was shipped into Ohio over the course of 3,737 shipments. These transfers came from Libby, Montana, and reached into 14 state locations, such as Cleveland, Port Clinton, North Bloomfield, Warren, Dayton, Barberton, Cincinnati and East Palestine. However, Marysville was the area that stored the most asbestos (almost 93 percent of the total shipments). O.M. Scott & Sons processed tons of asbestos, and employees appeared to have experienced greater levels of asbestos exposure than in other areas of the state.

At Risk Occupations and Locations in Ohio

There have been significant findings as a result of medical studies on Ohio asbestos-disease victims. Almost all worked for one of the above industries, and were employed in direct contact capacities such as pipe fitters, boilermakers, and electricians. In addition, maintenance, repair, and other industrial workers faced asbestos exposure risks, along with those in the fields of construction. With Ohio depending heavily on the industries that historically have depended upon asbestos for heat, sound and fire insulation, it is understandable why Ohio mesothelioma statistics are staggering.

Asbestos Related Deaths in Ohio

Between 1979 and 2001, there were 1,624 deaths due to asbestos disease in Ohio, ranking fifth in the United States. Ohio ranks 12th in the country in terms of asbestos fatalities. However, two-thirds of the fatalities were due to mesothelioma, so regarding the percentage of mesothelioma deaths, Ohio is ranked the highest in the country.

Legal Resources for Ohio Residents

No other state in the country except Ohio required a victim to present medical references before filing a law suit against the negligent employer. This evidence resulted in courts giving priority to the victims and came about in 2004 from asbestos lawsuit reforms of in HB 292-The Asbestos Victims Fairness Act. It was created because, at one point, more than 23 Ohio companies with 80 facilities filed for bankruptcy protection, pointing to asbestos liability. It was estimated that asbestos liability was responsible for the loss of 60,000 jobs, with a potential of losing another 350,000. With approximately 40,000 lawsuits over asbestos exposure pending, the Ohio Federal District Courts were backlogged, and victims' trial dates were unfairly delayed. Therefore, since 2004, people merely exposed to asbestos are barred from taking legal action until physical symptoms are experienced. This means that only those who are diagnosed with asbestosis, mesothelioma, or lung cancer attributed to asbestos can file claims.

An Ohio legislator, Dennis Kucinich, proposed changes to Medicare coverage laws which may help victims who, by the time their disease is diagnosed, find it too late to file lawsuits to recover damages. This will greatly assist the families of the patients whose diagnosis timing does not allow them a speedy trial date, even with the Asbestos Victims Fairness Act

Ohio juries have often reached verdicts in favor of asbestos plaintiffs. In Blandford v. Garlock, (Cuyahoga City), the award was $6.4 million. In Thornton v. A-Best Products, the Ohio Court of Common Pleas (Cuyahoga County) upheld the Ohio Constitution in protecting victims' rights when it came to new legislature, such as considerations concerning non-malignant asbestos illnesses and victims who are also smokers. However, the Ohio Supreme Court does not allow claims against train manufacturers in Ohio state courts, upholding a decision by a lower court. This is based on the Federal Locomotive Boiler Inspection Act, which pre-empts state claims against railroad manufacturers. Plus, Ohio's lower courts have broad decision-making leeway in deciding if additional defendants can be included an existing lawsuits, which often do not favor the plaintiff. Furthermore, many of Ohio's cases refer to the Jones Act, with the defendant as A-C Product Liability Trust.

Ohio also offers an Asbestos Program, which provides licensed and certified personnel in the asbestos abatement industry. It serves as regulation for contractors working in all aspects of asbestos removal and inspection. In addition, the Ohio Department of Health Asbestos program supports this with required training for asbestos professionals. Questions may be directed to 614-466-0061. Additionally, the National Association of Manufacturers has filed briefs in the Supreme Court of Ohio, to reverse award decisions. (This trade association lobbies against plaintiffs in lawsuits in Ohio.)

Asbestos.com offers additional information about the asbestos litigation process to patients with an asbestos-related illness who click here.

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