Thousands of persons exposed to asbestos in a Missouri courthouse will have access to medical screenings under a recent asbestos cancer settlement.

The settlement arises out of an asbestos class action lawsuit filed by two former courthouse employees, plaintiffs Jeanne Morgan and David Elsea.

Both plaintiffs worked at the courthouse in Jackson County, Mo. in the early 1980s, during renovation work that allegedly exposed thousands of persons to deadly asbestos dust.

The asbestos cancer settlement sets up an $80 million fund to cover preventive screenings for persons who may have been exposed because of the allegedly faulty renovation work.

Morgan and Elsea filed this asbestos class action lawsuit in 2015, after their former co-worker Nancy Lopez died of asbestos-related disease.

They alleged that thousands of courthouse patrons – not just employees but also jurors, legal staff, criminal defendants, and others – were exposed due to improper asbestos removal practices by defendant U.S. Engineering, the firm that conducted the renovations.

Asbestos is still widely present in many buildings built before the 1980s. It was used in many different construction materials, particularly in insulation and fireproofing but also in adhesives and ceiling and floor tiles.

When properly maintained and left undisturbed, asbestos is not necessarily dangerous. It’s when asbestos is physically disturbed that it can scatter into the air in the form of dust and fibers, creating a risk that persons nearby may develop asbestos-related respiratory disease.

Plaintiffs Call Out Improper Asbestos Removal

Morgan worked at the courthouse during the renovation that allegedly exposed so many persons to deadly asbestos. According to his testimony, workers cut right through the asbestos-based insulation surrounding old heating pipes.

The demolition work scattered asbestos dust that spread throughout the courthouse. Morgan recalled handling paperwork that was covered in dust.

Other witnesses, including a former executive from defendant U.S. Engineering, testified to the lack of safe asbestos abatement procedures employed by U.S. Engineering employees. Witnesses said the renovation workers did not use protective clothing or post warning signs during the renovation.

The parties agreed to the asbestos cancer settlement in October 2016, shortly before the case was scheduled to go to trial.

U.S. Engineering insists that it complied with the asbestos-handling standards that were in effect at the time of the renovation.

Asbestos Cancer Settlement Provides for Preventive Screenings

Under terms of the asbestos cancer settlement, around 7,500 potentially exposed persons may be eligible for continuous medical screenings to check for asbestos-related disease over the next 30 years.

Persons who can prove they were in the courthouse for at least 80 hours during the two-year renovation period between 1983 and 1985 may qualify to receive a free medical exam once a year.

Other persons who can prove they spent at least 80 hours inside the courthouse between 1986 and 2007 may be eligible for one medical screening every five years.

In a 2007 decision, the Missouri Supreme Court opened the door to asbestos lawsuits that are based on exposure alone and primarily seek to recover the cost of medical monitoring for exposed persons.

The court reasoned that allowing plaintiffs to seek proactive medical monitoring could save both human life and health care costs, as opposed to requiring plaintiffs to demonstrate actual physical harm related to the exposure.