Court Ruling Marks Major Shift in Mesothelioma Lawsuits
Legislation & Litigation
Written by Travis Rodgers | Edited By Amy Edel
The South Carolina Supreme Court has taken a major step in protecting the rights of people with mesothelioma as a result of legacy asbestos. On May 21, 2025, the court ruled against Atlas Turner, which has a long history of producing asbestos-containing products.
Donna Welch filed a wrongful death lawsuit against Atlas Turner that alleged the company’s products caused her husband’s mesothelioma and death in 2023. Welch’s husband, Melvin, worked at a Greenwood, South Carolina plant in the 1960s and 1970s. Atlas Turner’s asbestos insulation was used at the plant where Welch worked.
Atlas Turner, a Quebec-based Canadian company dating back to 1907, initially moved to have Welch’s mesothelioma lawsuit dismissed for lack of jurisdiction. Then it argued laws in Canada prevented it from sending a company witness or sharing important documents. The court rejected the company’s argument and called Atlas Turner’s actions “willful and intentional.”
The justices ruled the laws in other nations don’t allow companies to ignore U.S. courts. As a result, the court placed Atlas Turner in default, meaning the company lost the case automatically.
Trey Branham, an attorney for Melvin Welch’s family, said in an official statement the firm released: “The ruling sends a clear message: companies cannot profit from doing business in the U.S. and then evade responsibility when they hurt Americans by refusing to obey court orders.”
“Companies like Atlas and its sister company, Asbestos Corporation Limited, have, for decades, thumbed their noses at U.S. court orders, after profiting from selling poisons in South Carolina and nearly every other state,” Branham added. “We are grateful that the South Carolina Supreme Court understood this and is holding them to the rule of law.”
Potential Turning Point for Mesothelioma Lawsuits
This case demonstrates a court can step in and force a company to pay insurance funds to people with mesothelioma and their loved ones after refusing to do so. Experts say this case shows courts won’t let companies hide money meant to help families coping with a mesothelioma diagnosis.
In its ruling, the court approved the appointment of a special receiver to find and take control of Atlas Turner’s insurance assets. These assets include insurance policies that could help people exposed to asbestos and their families get compensation.
Although the court set limits on what other company assets the receiver could access, it made it clear that insurance connected to mesothelioma claims is still allowed. That means other families may benefit from this ruling in future lawsuits.Because many companies that used asbestos in the past no longer operate, people often rely on insurance money as a key way to get compensated.
Theile McVey, an attorney who also represented the family of Melvin Welch, said in a statement: “This case is about protecting the rights of Americans and making sure companies and insurers are held responsible for injuries they’ve caused, no matter where they are located.”
Risk of Developing Mesothelioma After Asbestos Exposure
Many people who were exposed to asbestos years ago are at risk of developing mesothelioma and other asbestos-related diseases. Asbestos is the primary cause of mesothelioma. Most people were exposed on the job, particularly in industries that heavily used asbestos products.
When asbestos materials break or are damaged, they release tiny fibers into the air that can be inhaled. These fibers can get stuck in tissues in the body, causing swelling and scarring over time. Decades later this irritation can cause the DNA in cells to change leading to mesothelioma and lung cancer.
Mesothelioma’s long latency period means it takes between 20 and 60 years after exposure for symptoms to appear. No amount of asbestos exposure is safe.
The high cost of cancer care can put a significant strain on families. Welch’s mesothelioma lawsuit illustrates why insurance money matters so much in mesothelioma cases.
