Wisconsin Mesothelioma Lawyers

Filing a Mesothelioma Claim in Wisconsin

Wisconsin workers have filed claims seeking compensation for the effects of primary asbestos exposure on the job. Successful claims have helped Wisconsinites cover their medical treatment for mesothelioma, lung cancer and other asbestos-related diseases. 

Claims can be made with asbestos trust funds. These are special funds bankrupt asbestos companies set up to cover existing and future asbestos claims. People can also file personal injury lawsuits. Those who lost a loved one because of asbestos exposure can also file wrongful death lawsuits.

Key Facts About Filing in Wisconsin 

1. Mesothelioma lawsuits are filed within the Wisconsin circuit court system.
2. The statute of limitations for filing both personal injury lawsuit is 3 years from the time of a mesothelioma diagnosis.
3. For wrongful death lawsuits, the statute of limitations is 3 years from the death of a loved one.
4. Wisconsin caps punitive damages to double the compensatory damages award or $200,000, whichever is greater. 

Wisconsin’s punitive damages statute limits the amount a jury can set to punish a company responsible for someone’s illness or injury. Because that amount is double compensatory damages or $200,000, the circuit court reduced the $20 million that a jury awarded in 2021 in a mesothelioma lawsuit against Pabst Blue Ribbon to $4.6 million. Pabst appealed the verdict. The plaintiff, Carol Lorbiecki, the wife of Gerald Lorbiecki who was a union steamfitter, cross-appealed the reduction in punitive damages. 

In May 2024 the Court of Appeals raised the punitive damages to $11 million. This is double the $5.5 million compensatory damages. The total award is now $13.4 million. This demonstrates the importance of working with a top Wisconsin asbestos lawyer.

Why Hire an Asbestos Lawyer in Wisconsin?

An experienced Wisconsin asbestos attorney will be comfortable managing all aspects of your claim. They will walk you through the process from your initial consultation through building your case to negotiating the best settlement or protecting your interests at trial. 

The key to a successful outcome for a claim is effectively building a case proving a defendant’s responsibility for your asbestos exposure. Working with a mesothelioma lawyer who has a record of success building cases and obtaining compensation in Wisconsin is important.

Wisconsin Mesothelioma Law Firms

Wisconsin lawyers will have a deep understanding of the state’s laws, statutes and procedures. They’ll be able to properly file your claim and manage litigation for you so you can focus on your health.

Top law firms in Wisconsin will be able to demonstrate a history of success handling claims similar to yours. While every mesothelioma case is unique, having experience obtaining compensation for clients with similar exposure experiences and medical needs can help ensure you they’re able to take on defendants for you.

Nationwide Asbestos Law Firms Outside Wisconsin 

Many respected national asbestos law firms have successfully taken on companies responsible for asbestos exposure in Wisconsin. Their vast networks of investigators, expert lawyers and databases help them tackle large corporations for their clients.

Wisconsinites may need to file their claims outside of the state. If your asbestos exposure happened or the defendant is headquartered in a different state, it may be best to file elsewhere. A national asbestos law firm is well-positioned to help you with this.

Asbestos Settlements and Verdicts Awarded in Wisconsin

A number of factors determine potential verdict amounts in asbestos personal injury and wrongful death lawsuits in Wisconsin. A judge or jury will consider the severity of the plaintiff’s injuries, the strength of the evidence presented and the severity of the defendant’s actions.

Notable Asbestos Verdicts in Wisconsin

• $26.5 million: Verdict awarded to a Milwaukee brewery worker
• $4.7 million: Verdict awarded to a laborer in the U.S. Navy
• $4.6 million: Verdict awarded to a welder
• $4.2 million: Verdict awarded to a Navy electrician
• $3.5 million: Verdict awarded to a Navy mechanic
• $3.4 million: Verdict awarded to a maintenance worker

Most claims end in settlements before cases go to trial. These settlements offer Wisconsin plaintiffs mesothelioma compensation to cover their disease-related expenses. 

Mesothelioma settlements can vary between $1 million to $2 million. The national average asbestos lawsuit trial verdict is $20.7 million.

Regulating Asbestos in Wisconsin

A mix of state laws and federal regulations govern asbestos in Wisconsin. The Wisconsin Department of Health Services oversees asbestos training and safe asbestos practices. Anyone who works with asbestos must carry proof of that training. 

Agencies Overseeing Asbestos in Wisconsin

• Environmental Protection Agency
• Occupational Safety and Health Administration
• Wisconsin Department of Natural Resources
• Wisconsin Department of Safety and Professional Services

The U.S. Attorney for the Eastern District of Wisconsin announced Gede LLC pleaded guilty to criminally violating a provision of the Clean Air Act. The plea stemmed from a 2012 incident at their foundry in Berlin. Employees at the foundry were told to remove asbestos insulation from a foundry oven, releasing chrysotile asbestos fibers. 

Because the employees weren’t given proper protective gear, the U.S. Attorney’s Office said they were put “in imminent danger of serious bodily injury.” Gede paid the maximum fine of $200,000. The company also gave 11 employees more than $340,000 each for mesothelioma screenings.

Asbestos Exposure in Wisconsin 

Wisconsinites were often exposed to asbestos at work. As early as 1890 the Malleable Iron Range Company manufactured asbestos coal-wood burning furnaces and asbestos-lined stoves in Beaver Dam. 

In the 1950s the Hankscraft Company manufactured an asbestos-lined baby bottle warmer in Madison. It hung in automobiles and was plugged into a 6-volt cigarette lighter.

Job Sites in Wisconsin Known for Asbestos Exposure

• American Can Company
• Badger Army Ammunition Plan
• Badger Paper Mills, Inc.
• Charmin
• Filter Materials, Inc.
• Fort Howard Paper Company
• Fort McCoy
• Foster-Forbes Glass Company
• Four Wheel Drive/Seagrave
• Fox River Paper Company
• Georgia-Pacific
• Hankscraft
• International Paper
• Jaeger Insulation
• J. B. Schauble Mill & Dam/Waubeka Mill & Dam
• Kimberly Clark
• Koos, Inc. 
• Ladish Company 
• Malleable Iron Range (Monarch)
• Owens-Illinois, Inc.
• Peavey Paper Mills, Inc.
• Proctor and Gamble
• Riverside Paper Corporation
• R.J. Schwab and Sons
• Scott Paper Company
• Truax Air Force Base
• Western Mineral Products
• W.L. Spencer Manufacturing Corporation
• W.R. Grace 
• Zeigler and Johanning Grist and Sawmill

Four Wheel Drive manufactured trucks in Clintonville and used asbestos brakes. Workers reported asbestos exposure to the National Institute for Occupational Safety and Health. NIOSH tested shavings from brakes in the facility and found they contained 10% to 20% asbestos.

Officials noted shavings tended to accumulate near machines. They also observed workers didn’t wear protective gear. NIOSH required the brake area be isolated from the rest of the facility to prevent the spread of asbestos particles. It also required the area be cleaned regularly to help prevent exposure to asbestos.

Occupational Asbestos Exposure in Wisconsin 

Many people in Wisconsin experienced occupational exposure. For example, workers at Koos, Inc.’s facility in Kenosha were exposed to asbestos-contaminated vermiculite from 1960 to 1995. Consumers were also exposed to this vermiculite, which was used in products like fertilizer.

Loved ones and roommates who lived with someone who worked with asbestos  could also be exposed via secondary asbestos exposure. Workers could inadvertently bring asbestos fibers home. Fibers could be transferred to loved ones when doing laundry or even hugging. 

Workplaces Known for Higher Exposure Risk in Wisconsin

• Automotive
• Construction
• Glass making
• Manufacturing 
• Military service
• Metalwork
• Paper mills
• Schools (and work in other older buildings)
• Vermiculite processing

Ladish Company, a metal manufacturer in Milwaukee, insulated its 200 furnaces with asbestos. Masons often had to make repairs, tearing down the equipment and disturbing asbestos. Many workers developed asbestos-related diseases.

The company developed a medical monitoring program for employees exposed to asbestos. However, during a 1984 inspection NIOSH inspectors determined X-rays weren’t conducted properly. Of 11 chest X-rays, only 6 were readable. NIOSH said the program was inadequate.

Recommended Reading