By Sarah Mirando  |  January 24, 2013

Category: Pharmaceuticals
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Hope Kept Alive in Asbestos Multidistrict Litigation

By Christina Drury

 

asbestos lung scarsThe longest-running multidistrict litigation (MDL) in United States history is soldiering on after a judge refused to toss out 124 asbestos lawsuits that claim the plaintiffs suffered from lung scars as a result of exposure. Judge Eduardo Robreno – a U.S. District Judge – is overseeing the MDL in Pennsylvania. The initial mass tort consisted of over 3.5 million claims along with 60,000 asbestos lawsuits. Judge Robreno has been working on eliminating claims that were filed without a substantial basis.

Asbestos Causes Lung Scarring

One of the most common side effects of asbestos occurs when the fibers are breathed in. If enough asbestos fibers are breathed in, the lungs become scarred and can result in diminished lung capacity. Other asbestos side effects may include:

  • Lung cancer
  • Mesothelioma
  • Pneumothorax
  • Pleural Plaque
  • Asbestosis


Many of the plaintiffs in the asbestos MDL are marine sailors who were employed on ships that made use of products containing asbestos. Additionally, railroad companies that had railcars transported on these ships are being listed as defendants, too, as their railcars subjected the sailors to asbestos exposure.

Conditions for Approval of Asbestos Claims

The defendants in the asbestos MDL – which includes ConocoPhillips Inc. – allege that the claims submitted by these 124 plaintiffs do not establish under current standards that they were harmed by or suffered asbestos side effects.

In August 2012, there were 1,700 asbestos liability claims dismissed due to the fact that they only indicated pleural changes and did not physical impairments that would have qualified for proceeding with the litigation. Pleural changes occur when the pleural membrane of the lung is scarred due to asbestos exposure – it is one of the most common side effects of asbestos. The initial dismissal of the 1,700 claims has been reversed under the guise that the claims were not properly vetted.

Once the 1,700 were reversed, the judge issued orders for the defendants to prepare a list of those 1,700 to determine which asbestos exposure lawsuits should be dismissed. A list of 246 was prepared and the plaintiffs agreed to remove 122 of them. Judge Robreno agreed to keep the remaining 124 claims active that the plaintiffs refused to remove after they all submitted valid medical evidence pointing to the existence of pleural changes.

The asbestos lawsuits are holding several manufacturers responsible and include companies such as Sears & Roebuck Co., DuPont Company, General Motors Corp, General Electric Company and 3M Co.

Asbestos Related Injuries

If you or someone you know has been exposed to asbestos and were injured as a result, there are qualified attorneys who are able to help you. You can visit our Mesothelioma Asbestos Class Action Lawsuit Settlement Investigation page to get more information on the proceedings and also to submit your information to the active attorneys investigating the claims. Compensation may be available for wrongful death, pain and suffering, and loss of consortium among others.

 

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Updated January 24th, 2013

 

All medical device, dangerous drug and medical class action and lawsuit news updates are listed in the Drug and Medical Device section of Top Class Actions.

 

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