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There are no known naturally-occurring deposits of asbestos. All exposure has resulted from commercial and residential applications. Hawaii’s location between the continental United States and Japan made it popular for certain industries that involved asbestos. Military bases in Hawaii often contained buildings that were constructed with asbestos-containing materials. In addition to the United States Navy base in Pearl Harbor, the state also had many U.S. Army facilities, including a medical center and airfield. The Coast Guard also has two large bases in Hawaii. The use of asbestos in these facilities exposed military members, civilian workers and their families to this dangerous substance which can cause mesothelioma and other asbestos related conditions.
Asbestos was also commonly found in ships. Hawaii’s shipping industry is one of the largest in the state. Exposure from asbestos in ships over many years can contribute to the development of mesothelioma and other asbestos-related medical conditions. Many prominent shipyards were established in Hawaii to aid the profitable shipping industry. Ships were constructed, maintained and repaired in these shipyards, often exposing workers to asbestos fibers.
Asbestos was also commonly used in agricultural machinery. Hawaii has a thriving agricultural industry including running many sugar plants. Like many other states, asbestos was used in power plants because of its strong insulating properties. Workers and visitors to these facilities could have been exposed to the dangerous substance in this forum.
Asbestos was also commonly used as a construction material in buildings erected before 1980, including state buildings and schools. The material was used in ceilings, drywall and floor tiles. This substance can be released into the air when it is disturbed. If you have been diagnosed with mesothelioma or another related condition, learn your legal rights today by contacting one of our experienced attorneys concerning lawsuits and claims.
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Hawaii Asbestos Regulatory Agencies
Hawaii Mesothelioma Diagnoses
Hawaii Laws Concerning Asbestos
Hawaii Statute Of Limitations
Hawaii Asbestos Trust Funds
Hawaii Mesothelioma Verdicts and Settlements
Hawaii Asbestos Exposure Site List
Hawaii Mesothelioma Law Firms
Hawaii Mesothelioma Diagnoses
Reports indicate Hawaii ranks 42nd in the nation for mesothelioma and asbestosis diagnoses. Between 1999 and 2015, at least 117 Hawaiian residents were diagnosed with mesothelioma. There is only a slightly higher rate of asbestos diagnoses on the Big Island than other islands. Between 1999 and 2013, there were a minimum of 46 people who were diagnosed with asbestosis and another 436 estimated to be diagnosed from non-mesothelioma lung cancer. The locations with the most cancers are as follows: Honolulu, Pearl City, Waipahu, Hilo, Kahului, Kaneohe, and Kailua
Hawaii Asbestos Laws
There are a number of important asbestos laws in Hawaii that can impact personal injury claims. These laws dictate when a claim must be filed, what a claimant has to prove and how asbestos is to be handled throughout the state. There is also additional medical criteria that must be met in order for a case to be successful.
Statute of Limitations
The statute of limitations it the timeline by which a lawsuit must be filed in order to prevent it from being time-barred. In Hawaii, there is a two-year statute of limitations for injuries stemming from asbestos exposure. This means that someone has two years from receiving a diagnosis of mesothelioma or other asbestos-related medical condition along with a functional impairment to file a lawsuit against the defendant responsible for this exposure. If the individual died due to asbestos exposure, the family has two years from the date of death to pursue this claim.
Court Exposure Standard
Most asbestos cases are brought on the state level. Each state is responsible for establishing its own procedures regarding personal injury cases including asbestos exposure cases. In order to establish the necessary burden of proof in a Hawaii asbestos case, the plaintiff must meet the Lindstrom standard. This means the plaintiff must establish that he or she was exposed to the defendant’s product and the product was a substantial factor in causing his or her injury. The Hawaii courts have rejected standards that only relied upon a showing of minimal exposure. Whether exposure is considered minimal or substantial is a case-by-case determination.
Functional Impairment
Additionally, an asbestos claimant in Hawaii must present evidence of a compensable harm of a functional impairment due to asbestos exposure. A claimant’s subjective testimony regarding shortness of breath or fatigue is inadequate to meet this requirement. Additionally, mental distress without an accompanying functional impairment also is insufficient. The mere presence of asbestos fibers without an objectively verifiable functional impairment is insufficient to meet this standard, according to Hawaiian courts.
A plaintiff must provide objective testimony. For example, a plaintiff may be able to have a medical expert testify about a functional impairment based on pulmonary and roentgenographic tests. This can provide a prima facie case regarding physical impairment. These tests might include simple spirometry, gas diffusion capacities, measured exercise capacity and arterial blood gases.
The plaintiff must be able to establish that he or she used the defendant’s product and developed some type of functional impairment as a result of this exposure. There must be a connection between these two elements for the plaintiff to be able to recover compensation and for a jury to find the defendant negligent.
Asbestos Procedures
Hawaii has a series of rules and regulations regarding asbestos. Along with the United States Environmental Protection Agency and the Occupational Safety and Health Administration, the Hawaii Department of Health establishes regulations pertaining to asbestos.
The primary regulations pertaining to asbestos are found in Title 11 of the Hawaii Administrative Rules. Asbestos is defined in Hawaii as “the asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite (amosite), anthophyllite, actinolite, and tremolite.”
These rules regulate asbestos in most institutions, industrial settings, residential buildings, public buildings and commercial facilities. These facilities must follow specific rules when constructing or renovating buildings with asbestos. A state-certified asbestos inspector must be contracted to identify asbestos-containing materials before removing or demolishing them. If asbestos is detected, a licensed and certified asbestos contractor must remove, containerize and dispose of it. The owner is also required to notify the Hawaii Department of Health before commencing the work.
Schools in Hawaii also have additional requirements to meet. They must be inspected every six months to detect any asbestos that may have become damaged and hazardous. Asbestos may not cause harm when it is inside of undisturbed construction materials. However, if fibers are released, they become airborne and may be ingested by people around them.
Hawaii Asbestos Site Exposure List
Hawaii has a number of sites that contained asbestos and may have exposed workers, military members, family members and others to asbestos. These sites primarily include military installations, power plants, public buildings, shipyards, sugar mills and other commercial facilities.
Some sites linked to a higher likelihood of asbestos exposure include:
- Pearl Harbor Navy Base – Pearl Harbor
- Fort Shafter – Oahu
- Schofield Barracks – Honolulu
- King Intermediate School – Oahu
- Pacific Marine & Supply – Honolulu
- Bechtel Power Plant – Honolulu
- Hawaii Electric Light Company – Hilo
- Hilo Electric Company – Hilo
- Hilo Sugar Company – Hilo
- Maui Electric Company – Maui
- Hawaiian Pineapple Company – Honolulu
- Dole Company – Honolulu
- Lahaina Plantation – Lahaina
- California and Hawaiian Sugar Company – Aiea
- Chevron USA, Inc. – Barbers Point
- Standard Oil – Barbers Point
- Honokaa Sugar Company – Honolulu
- Honolulu Plantation Company – Honolulu
- Kauai Electric Company – Kauai
- Kekaha Sugar Company – Kekahu
- Kaiser Cement & Gypsum – Nanakuli
- Kahe Power Plant – Oahu
- Waiau Power Plant – Pearl Harbor
Hawaii Asbestos Verdicts and Settlements
Hawaii has some noteworthy verdicts and settlements from claimants and law firms in the state, which include the following verdicts ranging from $5.3 Million to $400 Million which were gathered from the public news media and handled by unaffiliated law firms:
- $5.37 million – a Hawaiian jury awarded an insulator helper over $5 million in damages who had developed mesothelioma as a result of exposure to asbestos throughout his career. He had worked in power plants and other facilities and named several companies that produced or sold asbestos in his lawsuit. The award was in 1990. He received additional undisclosed amounts of funds from some of the defendants. The two companies that were found negligent in the trial appealed the decision, but the United States Court of Appeals upheld the verdict.
- $713,000 – A mesothelioma victim’s family filed a wrongful death lawsuit in 1980. He died in 1978 after breathing in asbestos fibers at the Pearl Harbor Naval Shipyard from 1941 to 1971. The family sued 27 manufacturers and distributors of asbestos products. The award was for $213,000 in compensatory damages and $500,000 in punitive damages against one of the companies.
- $400 million – A Hawaii law firm represented plaintiffs in a class action lawsuit against Travelers’ Insurance as part of a national consortium of law firms in 1986. $400 million were set aside for claimants who alleged fraud committed upon asbestos claimants.
- $465,000 – The first lawsuit against an asbestos case resulted in a verdict in excess of $465,000. An employee at the Pearl Harbor Naval Shipyard who worked there from 1941 to 1969 and was exposed to asbestos products, developed malignant mesothelioma and later died from it. The jury awarded compensatory damages.
- $12.5 million – A worker was injured by marine equipment that was insulated with asbestos. He received $12.5 million in a settlement for the products liability case.
- $12.5 million – A worker was injured by marine equipment that was insulated with asbestos. He received $12.5 million in a settlement for the products liability case.
- $9.9 million – A family of a man who died of mesothelioma recovered a $9.9 million settlement.
- $9.8 million – A Pearl Harbor Naval Shipyard worker who developed mesothelioma after working with asbestos was awarded $9.8 million in a verdict.
- $8.2 million – A jury verdict for Lawrence Kaowili resulted in a $8.2 million award.
- $5.3 million – A Hawaiian man recovered a $5.3 million verdict after being diagnosed with mesothelioma.
- Multi-million dollar settlement – A Kauai couple in their 70s received millions of dollars in a settlement after they developed mesothelioma after the husband worked in a sugar mill.
Many other claimants have received multi-million dollar settlements but because the court ordered they remain confidential, specifics cannot be publicized.
Many other claimants have received multi-million dollar settlements but because the court ordered they remain confidential, specifics cannot be publicized.
Hawaii Asbestos Law Firms
We may work in conjunction with a few Hawaiian law firms include mesothelioma cases as part of their representation such as:
A law firm that is located in Honolulu and has tried hundreds of mesothelioma and personal injury cases for over 35 years. It represents individuals throughout Hawaii. Its attorneys focus on making every case trial-ready so that opponents know they are ready to take the case all the way to trial, if necessary. The firm helped secure the first asbestos verdict for a plaintiff in the state’s history. They have also acquired multi-million dollar verdicts for their clients, ultimately totaling for asbestos claimants. The firm’s attorneys have tried over 50 jury trials, in addition to receiving several large-figure settlements.
A top-rated law firm in Hawaii which focuses on recovering compensation for injury victims. The firm has acquired hundreds of millions for personal injury clients. They know of the best physicians in the state and can retain their services in client cases. They have received national recognition for their high ethical standards and professionalism. Their representation has resulted in record verdicts and settlements.
