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What Is the Difference Between Asbestosis vs Mesothelioma, in Both Medical and Legal Terms?
Asbestosis and mesothelioma are two of the most well-known rare conditions that develop almost exclusively after repeated exposure to asbestos fibers. The two conditions are very different from one another, both in terms of their medical definition and how the asbestos lawsuit process typically plays out.
Generally speaking, asbestosis claims more often than not result in lower settlement amounts compared to mesothelioma claims. Mesothelioma requires more aggressive treatment and typically leads to a quicker progression of morbidity, meaning asbestos exposure victims with a mesothelioma diagnosis will experience more life-affecting symptoms and have a lower 5-year survival rate.
For comparison, the outlook of a patient who has just an asbestosis diagnosis can vary greatly, Many sufferers are able to survive for decades with proper treatment. If a patient receives a mesothelioma diagnosis, however, they have a 50/50 chance of surviving their next five years, on average. Note that patients with a dual asbestosis and mesothelioma diagnosis have an even poorer outlook with a high risk of fatal complications within a few years of diagnosis.
Because the two conditions are so different, you may be able to benefit from representation from an experienced asbestos lawsuit attorney. Here are some of the factors such an attorney might tell you to consider when weighing your options for treatment and pursuing a fair mesothelioma settlement.
Medical Differences Between Asbestosis vs. Mesothelioma
Asbestosis and mesothelioma are both conditions that have a chance at developing in individuals who have had heavy or repeated exposure to airborne asbestos fibers.
The Mayo Clinic refers to asbestosis as “a chronic lung disease caused by inhaling asbestos fibers.” Asbestos minerals can shred into extremely tiny fibers that when inhaled become lodged in lung tissues. Over time, the embedded fibers cause repeated damage and scarring. An extremely advanced case of asbestosis will reveal recognizable “honeycomb” patterns in the lungs after a radiograph.
Symptoms of asbestosis include shortness of breath, loss of appetite, chest pains, and a persistent, dry cough. Sufferers may also notice “clubbing” of their fingers, where their nail beds become wider and flatter.
Since there is no cure for asbestosis, treatment only addresses symptoms. Patients may undergo oxygen therapy or have procedures to periodically drain the fluid surrounding their lungs, for instance, which can aid in breathing.
Mesothelioma is a rare type of cancer that affects tissues known as mesothelium that coat certain internal organs in a thin layer. The pleural lining, which surrounds the lungs, is the most common type of mesothelium cancer that develops after asbestos exposure. Pleural mesothelioma is, “an aggressive and deadly form of cancer,” in the words of the Mayo Clinic.
Symptoms of mesothelioma are often similar to asbestosis symptoms, including trouble breathing and chest pains. Sufferers with advanced mesothelioma may notice pain, swelling, or lumps in their abdomen, in addition to unexplained weight loss.
Treatment for malignant mesothelioma is suitably aggressive. Patients will often undergo surgery to have affected sections of their lungs removed. Radiation, chemotherapy, and other forms of targeted therapy are also typically deployed at the same time. These intensive treatments can cause complications of their own, making the health of a mesothelioma sufferer precarious and their lifestyle significantly impacted, to say the least.
The serious nature of mesothelioma and its ability to metastasize to other organs makes it a far deadlier condition than asbestosis. According to one comprehensive cohort review of asbestos exposure victims, 31% of patients died and well over half (58%) of those deaths were caused by mesothelioma, meaning 27% of exposure victims overall died of mesothelioma.
Mesothelioma vs. Asbestosis Trust Fund Differences, Including Payout and Requirements
An “asbestos bankruptcy trust” refers to a legal entity created for the purpose of evaluating asbestos-related personal injury claims and offering a settlement to cases that meet the criteria for eligibility. There are dozens of such funds established in the U.S.
Most trust funds have pre-scheduled amounts for asbestos lawsuit personal injury settlements. Patients with compelling medical evidence of a specific condition and its effect on their functioning are more likely to receive a larger payout in proportion to their injury.
A “Level III” payout from the Armstrong World Asbestos Trust, for instance, requires just some evidence of asbestos-related injury. A “Level IV” payout, though, requires direct evidence of asbestosis and testing that shows pulmonary functions at 65% of the normal, healthy level.
According to an example asbestos trust payment schedule from individual review (IR) cases, minor asbestosis claims pay out an average of $4,200 while severe asbestosis claims receive an amount between $42,500 up to a maximum of $140,000.
Mesothelioma asbestos trust claims, on the other hand, are treated with much more gravity because the victims tend to suffer so much and have a strong chance at a fatal prognosis. Under the scheduled values for mesothelioma, $110,000 is a standard payout, $130,500 is the average, and the maximum for an individual is $400,000.
Because more potential compensation is on the line, proving you have a mesothelioma typically requires more extensive evidence, including evidence of specific exposures to certain companies’ products. Medical documentation must also be thorough, specific, and abide by standards set by organizations like the American Thoracic Society (ATS).
Mesothelioma vs. Asbestosis Lawsuit Process Differences
Every individual asbestos exposure victim case will vary, so there’s no way to accurately predict what the process might look like for one victim’s diagnosis versus another. That said, exposure victims with a less severe condition who expect a lower payout generally have a lower burden of proof expected of them compared to victims with a more severe condition.
Put another way, asbestosis claims often require less extensive documentation and a more expedited process compared to mesothelioma claims. Note that mesothelioma sufferers are likely to have a wider body of medical evidence available from testing and treatment documentation. Even still, the higher expected payout means that mesothelioma trust claimants can expect to have a more burdensome workload involving more complex standards of proof and more intensive paperwork processes.
So, in sum, asbestosis and mesothelioma are both quite serious conditions but the former is less deadly than the latter. Accordingly, mesothelioma lawsuit settlements tend to be much larger on average but require victims to undergo a more rigorous claim evaluation process.
Note, too, that these are all generalized statements that do not constitute legal advice and that individual cases can vary wildly depending on their individual circumstances.
