Amanda Antell  |  July 6, 2015

Category: Labor & Employment

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

asbestos-judge-ruling

In a recent asbestos lung cancer lawsuit, a grieving widow told her story of how her husband became unbearably ill due to asbestos exposure. Grieving widow Mary A. attended the most recent court hearing set for the wrongful death of her husband.

Late World War II Navy veteran, James A., had served his time in the war and had gone to work as welder for a major manufacturing company after the war ended. James was employed as a welder for Akron for 41 years, working regularly at the company’s Goodyear subsidiary. Mary claims that her husband was exposed to asbestos during his time on Navy war ships and his time as a welder for his employer, leading to his development of asbestos lung cancer.

Asbestos lung cancer is a rare variant of the most common type of cancer in the United States, which is estimated to cause approximately 4,800 deaths a year. As implied by the name, asbestos lung cancer is specifically caused by asbestos fibers that are inhaled into the body. These fibers either lodge themselves in the wall of the lungs or leave scarring in the lungs and throat, which can later develop cancer cells.

This asbestos-related condition can take many years to develop; the time it takes to show any asbestos lung cancer symptoms has been reported to be between 20 to 50 years, leaving many patients to be diagnosed at a latent stage of prognosis. Due to how long it takes for this disease to express itself, it has only been recently that former factory workers and military veterans have come forward to report asbestos lung cancer or other asbestos-related injuries that they may have developed decades prior.

Overview of Asbestos Lung Cancer Allegations

After contending with this condition for several years, James died in 2001 at the age of 73. As devastating as this lawsuit is, it is one of 1,300 lawsuits filed in Summit County Probate Court on behalf of the families of asbestos exposure victims who later died of complications. Each of the deceased workers had been previously employed by Akron, and had worked as rubber-makers and automakers, where they were exposed to asbestos.

This legal settlement process started after a certain article was published on June 15, 2015, in the Beacon Journal, detailing the court’s involvement in reaching out to possible heirs and other possible family members of the asbestos victims.

Probate Judge Elinore Marsh Stormer stated her office has received over 200 emails and calls in the last week alone. Another law firm that specializes in asbestos-related litigation reported receiving close to 300. Mary was one of 30 residents from her residency area who went to the recent court hearing to begin the formal process of filling out required paperwork for asbestos injury claims.

A settlement fund was setup by Akron in 2004 for $80 million, after witnessing an insurance giant settle with tens of thousands American laborers who had been allegedly exposed to asbestos since the 1980s.

The insurance company in question, Travelers Cos., had stood beside one of its biggest policyholders, Johns Manville Corp. of Denver, as a fellow defendant against numerous asbestos-related allegations; Johns Manville was one of the largest asbestos-using manufacturing companies for over half a century at the time. After the company launched a number of appeals to delay payouts, the 2nd U.S. Circuit Court in New York finally consolidated the claims and ordered the insurance company to pay the damages last summer. The damage claims ranged from $2,100 to $23,000, based on severity of the case and medical diagnosis.

Throughout the litigation battle against these companies, investigators revealed that the asbestos levels were exceedingly high in Johns Manville Corp, with the asbestos fibers being as large as snowflakes. These asbestos flakes drifted through the air in great clouds, and were inhaled daily by the unsuspecting workers. According to legal documents, no protective equipment of safety procedures were in place to prevent health hazards.

Going back to Akron’s legal woes, law firms and legal representatives are continuing to receive calls from potential plaintiffs. The court has appointed an independent administrator to begin finalizing the paperwork, which will go to the special claims company facilitating the payout settlement fund. Lawyers for the plaintiffs and defendants believe that the claim review company will have analyzed all submissions by early August 2015.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual asbestos lawsuit or asbestos class action lawsuit is best for you. [In general, asbestos lung cancer lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

Learn More

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.


Get Help – It’s Free

Join a Free Asbestos Lung Cancer Class Action Lawsuit Investigation

If you or a loved one were exposed to asbestos and developed mesothelioma, lung cancer, or cancer in the lining of the lungs, abdomen or chest cavity, you may be able to take legal action against the companies responsible. Don’t delay – in most states the statute of limitations is two years to file an asbestos lawsuit after you’re diagnosed. Obtain a free and confidential case evaluation be filling out the form below.

An attorney will contact you if you qualify to discuss the details of your potential case at no charge to you.

  • The law firm responsible for the content of this page is: Sokolove Law
  • Please note that if your diagnosis was more than 4 years ago, you do not qualify for compensation.
  • We tell you about cash you can claim every week! Subscribe to our free newsletter today.
  • Hidden
    By checking this box, I consent to receive from Top Class Actions marketing emails and/or marketing calls or text messages sent by an automatic telephone dialing system. I consent to Top Class Actions providing my phone number and email address to the lawyers or their agents sponsoring this investigation, and their co-counsel, if any, and I consent to receive marketing calls, text messages, and/or emails from those lawyers or their agents. I understand that this authorization overrides any previous registrations on a federal or state Do Not Call registry. You may opt out at any time. You can review Top Class Actions' Terms and Conditions and Privacy Policy here.
  • This field is for validation purposes and should be left unchanged.

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.