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Industries in Massachusetts relied on asbestos for a number of commercial applications. Asbestos is resistant to heat and chemical so manufacturing plants often used it. Additionally, asbestos was commonly used in ships in the insulation, boiler room and sleeping areas. Due to its coastal proximity, many shipbuilding efforts helped contribute to the local economy, as well as potentially subjected workers to dangerous asbestos.
Asbestos was also used in many military applications. It was used in vessels. The Boston Naval Shipyard operated for over 170 years, ending its operations in 1974. From 1941 to 1945, it employed approximately 40,000 workers to build ships for the United States Navy for World War II. Each of these ships may have contained 300 components that used asbestos, including insulation panels, gaskets and epoxies. The shipyard’s operations were ceased a year after the Navy began regulating the use of asbestos in its ships.
Asbestos was also commonly used in older buildings, so when they get renovated, dangerous asbestos fibers are released and can pose a danger to those in the area.
Massachusetts had two active asbestos mines, one located by Pittsfield and the other by the Quabbin Reservoir. Mining workers are at an exponentially higher rate of risk of developing mesothelioma and other asbestos-related conditions due to the direct contact with this dangerous substance. Others around these deposits could also be harmed by the dangerous substance when its fibers became airborne and came home with mining workers and inhaled by family members.
Massachusetts has been home to many superfund sites and has been considered dangerous by the Environmental Protection Agency. If you or someone you know has been diagnosed with mesothelioma in Massachusetts, its important to discuss legal options such as lawsuits and trust claims with an attorney. We handle cases Nationwide.
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Massachusetts Asbestos Regulatory Agencies
Massachusetts Mesothelioma Diagnoses
Massachusetts Laws Concerning Asbestos
Massachusetts Statute Of Limitations
Massachusetts Asbestos Trust Funds
Massachusetts Mesothelioma Verdicts and Settlements
Massachusetts Asbestos Exposure Site List
Massachusetts Mesothelioma Law Firms
Massachusetts Mesothelioma Diagnoses
Reports have placed Massachusetts as the 13th highest in the nation for mesothelioma and asbestosis diagnoses. Between 1999 and 2015, at least 1,289 Massachusetts residents were diagnosed from mesothelioma. Plymouth County had the highest mesothelioma incidence rate in the state and was listed as one of the most prevalent 50 counties in the United States for the disease between 2000 and 2009. Additionally, more than 519 Massachusetts residents were diagnosed with asbestosis and more than 4,724 Massachusetts residents were diagnosed with non-mesothelioma lung cancer between 1999 and 2013.
Majority of diagnoses have occurred in: Boston – Cambridge – New Bedford – Springfield – Worcester – Lowell – Brockton
Massachusetts Asbestos Laws
Massachusetts has a series of laws that may impact mesothelioma claims. These laws determine when a claim must be filed, what the plaintiff must prove in order to establish the defendant’s liability and how much damages can be recovered in these cases.
Statute of Limitations
The statute of limitations in Massachusetts to file a personal injury claim or wrongful death is three years. Massachusetts uses the discovery rule, so the statute of limitations may be tolled until the victim has reason to believe that he or she has mesothelioma and the defendant’s product was the cause of it.
Court Exposure Standard
Each state establishes its own standard for what personal injury victims must prove in order to receive compensation. In Massachusetts, the court uses the exposure standard of the Lohrmann test. In this test, the victim must show that exposure to the defendant’s asbestos-containing product was a substantial factor in him or her developing mesothelioma. State courts have found that a victim must be able to show that the defendant’s product contained asbestos, he or she was exposed to asbestos from the defendant’s product and the exposure was a substantial contributing factor in causing the victim harm.
Non-Economic Damages Cap
Massachusetts has participated in tort reform and has passed a law that limits the amount of damages that a plaintiff can receive for non-economic damages. Non-economic damages are those damages to compensate a person for their pain and suffering, mental anguish, inconvenience and other damages that are not easy to quantify. In Massachusetts, these damages cannot be calculated at more than $500,000. Therefore, a plaintiff cannot generally receive more than $500,000 for these damages. However, there is a key exception to this rule. If a jury determines there is a “substantial or permanent loss or impairment of a bodily function or substantial disfigurement or other special circumstances that would warrant a finding that imposition of such limitation would deprive the plaintiff of just compensation for injuries,” this cap does not apply. Since mesothelioma can affect multiple body functions and is often terminal, it is possible that mesothelioma victims may be able to get around this general rule.
Massachusetts Asbestos Regulatory Agencies
In addition to federal agencies, state regulatory agencies implement and enforce asbestos regulations in Massachusetts. The Massachusetts Department of Labor spearheads the Asbestos Safety Program. Additionally, the Massachusetts Department of Environmental Protection handles the notification process for asbestos projects in the state. Property owners and contractors are required to notify the department at least ten working days before working on projects that would disturb asbestos. The department also has regulations regarding how to properly handle and dispose of materials that contain asbestos. Asbestos is defined in these regulations as “all asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite-(amosite), anthophyllite, actinolite and tremolite, and any other asbestiform minerals designated as asbestos by EPA in 40 CFR 61.141.”
Massachusetts Asbestos Site Exposure List
Many employers, public buildings and commercial sites may have exposed individuals in Massachusetts to asbestos. Some of these locations include:
- R. Grace & Company – Walpole
- Tyco Healthcare Group – Walpole
- Wainright Manufacturing Company – Worcester
- American Can Company – Needham Heights
- Nuclear Metals, Inc. – Concord
- Pilgrim Nuclear Power Plant – Pymouth
- Creese & Cook Tannery – Danvers
- Bethlehem Hingham Shipyard – Hingham
- Fore River Shipyard – Quincy
- S. Naval Drydock – Charleston
- Charleston Navy Yard – Boston
- Bedford Air Force Base – Hanscom
- Middleboro Junior High School – Middleboro
- Middleboro High School – Middleboro
- Needham High School – Needham
- Dartmouth Catholic High School – Dartmouth
Massachusetts Asbestos Trusts
After facing daunting liability, many asbestos manufacturers were forced to declare bankruptcy. Some of these companies established special trusts to handle current and future claims related to their liability of exposing consumers or workers to asbestos. When a trust is available, the claimant can make a claim with the trust rather than having to go through the entire process of litigation. There is only one known asbestos trust in Massachusetts, the Stone & Webster Asbestos Trust. This trust was established in 2004 after the company declared bankruptcy in 2000 after facing asbestos lawsuits and international bribery allegations. It is unknown if the trust is currently active or has any current funds in it.
Massachusetts Mesothelioma Lawsuits – Asbestos Verdicts and Settlements
Massachusetts’ juries have provided many notable verdicts for mesothelioma victims and victims of other asbestos-related exposure. A sample of these verdicts reported in the news and handled by unaffiliated law firms range from $1.9 Million to $43.1 Million:
- $43.1 million – A Massachusetts jury awarded a former brake worker more than $41 million in 2018 against two large cigarettes makers and an auto parts company after finding that exposure to asbestos and smoking led to his death.
- $7.55 million – A $7.55 million verdict against New England Insulation was awarded in 2017 to a former power plant worker by a Boston jury. The man developed mesothelioma due to occupational asbestos exposure.
- $6.8 million – In 2017, a Boston Superior Court jury awarded a $6.8 million verdict to the widow of a woman who was married to a former insulator who developed mesothelioma on the job. The insulator died in 2013.
- $9.3 million – A man who worked as a construction supervisor and used a spray insulation product that contained asbestos was awarded over $9 million. The Boston jury awarded the family the verdict for compensatory damages and punitive damages after the man developed mesothelioma.
- $6.8 million – The family of a 55-year-old man who was exposed to asbestos while in the Navy and working as a repairman was awarded $6.8 million.
- $4.8 million – A 47-year-old woman who developed mesothelioma from secondhand asbestos exposure was awarded $4.8 million.
- $4.5 million – A 76-year-old man who worked as a mechanic and was exposed to asbestos in brake linings, clutches and gaskets was awarded $4.5 million.
- $4.39 million – The family of a machinist who worked aboard a ship in the 1950s was awarded over $4 million.
- $4 million – An 81-year-old former sheet metal worker who was diagnosed with mesothelioma received a $4 million verdict.
- $4 million – Another $4 million verdict went to a 76-year-old man who was exposed to asbestos during his Navy work and work in power plants.
- $3.25 million – A 61-year-old laborer who developed mesothelioma after working at an insulation fabrication shop in Boston in the 1970s and using a defective respirator received this award.
- $2.8 million – A former plumber and drywaller was exposed to mesothelioma because of exposure to asbestos and asbestos-containing materials. The 69-year-old received the award.
- $2.6 million – The family of a 72-year-old shipyard worker received this award.
- $2.5 million – The family of a 62-year-old man who had been exposed to asbestos from his automotive repair work received this award.
- $1.9 million – A 57-year-old sheet metalworker who developed mesothelioma received this award.
Additionally, many law firms report confidential settlements in six- or seven-figure values. It was reported that one mesothelioma lawsuit settled in 2012 for millions.
Massachusetts Mesothelioma Lawyers
There are a number of lawyers in Boston and other areas of Massachusetts that may become co-counsel to victims of mesothelioma and other asbestos-related diseases. Some of these firms include:
A law firm with offices throughout Massachusetts in Boston, Brockton and Framingham that has established many precedent-setting wins for their clients and has successfully represented numerous mesothelioma victims.
A law firm with offices in Cambridge, Salem and Boston. Its attorneys have reported to have secured millions in verdicts and settlements for personal injury victims, including mesothelioma victims. The firm focuses on making every claim ready for trial so that they are prepared every step of the way. However, if a favorable settlement is available, they will investigate if this is in the client’s best interest.
A law firm with offices in Boston and Worcester. It focuses its efforts on asbestos claims involving mesothelioma or lung cancer, dangerous drugs and product liability cases. It has litigated mesothelioma cases for over 20 years in state and federal courts. It has represented clients throughout New England and the rest of the United States. As a local firm, its attorneys are aware of the types of industries and professions that exposed individuals to asbestos. Their effective legal representation has resulted in multiple seven-figure settlements. It is a leading mesothelioma law firm with a proven track record.
A Cape Cod law firm that represents victims who have developed mesothelioma and other asbestos-related diseases. The firm has assisted mesothelioma victims since the 90’s. Since then, it has developed a reputation in the legal community for its effective client advocacy. Its attorneys have over 100 years of combined legal experience. Its attorneys have an extensive understanding of the causes of mesothelioma and has a network of medical providers and independent investigators.
