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Many cases of mesothelioma in Missouri are due to occupational exposure. Until the late 1970s, Missouri was a hub for the manufacturing industry. Companies made roofing materials in many of these factories, many of which contained asbestos. While many of these plants have long been closed, some of them did not properly dispose of asbestos when they closed, leaving dangerous substances in the environment that potentially exposed others to increased risk of mesothelioma which can be grounds for a lawsuit or asbestos trust claim.
The automotive industry also had its share of asbestos use. Asbestos was commonly used in clutches, brakes, gaskets and other automotive components. Missouri workers in the automotive industry could have been exposed to asbestos when working in manufacturing plants or as mechanics.
Missouri also has a history for its brewing industry. St. Louis is particularly notable for its involvement in the brewing industry. Brewing companies often used asbestos in their equipment and facilities. Asbestos was commonly in brewery filters.
Missouri’s agricultural industry is one of the largest in the state. Asbestos was often used in sugar mills, rice plants and processing plants. It was used in the buildings themselves as well as in agricultural machinery and vehicles. If you have been diagnosed with mesothelioma, contact our law firm today. We handle cases Nationwide.
Missouri Mesothelioma Diagnoses
Missouri’s mesothelioma rate is slightly below the national average. Between 1999 to 2015, at least 748 Missouri residents were diagnosed with mesothelioma. St. Louis County has the highest asbestos-related diagnoses in Missouri. Between 1999 and 2013, over 202 Missouri residents were diagnosed with asbestosis and over 2,796 individuals were diagnosed with non-mesothelioma lung cancer. City locations where the majority of diagnoses have occurred are: St Louis – Kansas City – Springfield – Columbia – Independence – Lee’s Summit – O’Fallon
Missouri Asbestos Laws
Missouri has a number of laws regarding the use of asbestos and how these claims are processed. These rules dictate when these claims must be filed and what information the plaintiff must prove in order to meet the burden of proof and be eligible for compensation for the damages he or she has suffered. Additionally, legislation has been introduced that would limit the number of asbestos or mesothelioma claims must be handled, although it has not been passed as of the time of publication.
Some of the most important laws related to asbestos use and mesothelioma claims include:
Statute of Limitations
The statute of limitations is the time limit by which a plaintiff must file a lawsuit in order to prevent it from being time-barred. In Missouri, personal injury plaintiffs have five years from the date of diagnosis to file a lawsuit. If the victim died from mesothelioma or another asbestos-related condition, the family has three years from the date of death to bring forth the case.
Court Exposure Standard
Many asbestos cases are brought on the state level. States have different standards regarding what plaintiffs must prove in order to meet their burden of proof. The most common standard is the Lohrmann test. This test requires showing that the defendant’s product was a substantial factor in the plaintiff developing mesothelioma or another asbestos-related condition. The Missouri Supreme Court held that a plaintiff must establish that the manufacturer’s product directly contributed to the plaintiff’s harm. If multiple products are involved, the plaintiff must show that each product was a substantial factor in causing the harm. To meet the Lohrmann test, the plaintiff must show exposure to a particular product on a regular basis over an extended period of time and near where the plaintiff actually worked.
Missouri Asbestos Regulations and Regulatory Agencies
Federal regulations pertain to asbestos use in the state and are largely regulated by federal agencies, like the United States Environmental Protection Agency. The Missouri Department of Natural Resources is responsible for overseeing and enforcing federal regulations regarding asbestos. This department must be notified before certain projects regarding asbestos are involved, including when the area is greater than 160 square feet, 260 linear feet or 35 cubic feet. Only asbestos professionals who are certified by the department can legally handle asbestos projects in the state.
Additionally, the Air Pollution Control Program is responsible for authorizing licensing of asbestos professionals certified in the state. There are additional rules that must be followed regarding how asbestos materials must be transported.
Missouri Definition of Asbestos
Missouri defines asbestos as “the asbestiform varieties of chrysotile, crocidolite, amosite, anthophyllite, tremolite, and actinolite.” Additionally, it defines asbestos-containing material or (ACM) as “any material or product which contains more than one percent (1%) asbestos.”
Missouri Asbestos Site Exposure List
Some of the sites that may have exposed workers or others to asbestos include:
- Mark Twain National Forest mines
- Manganese mine – Winona
- Copper mine – Astoria
- Maline Creek – St. Louis
- Lake City Army Ammunition Plant – Lake City
- Weldon Spring Chemical Plant & Quarry – Weldon Spring
- Mack Truck – Joplin
- GAF Corporation/Ruberoid – St. Louis
- CertainTeed – St. Louis
- Columbia Brewing Company – St. Louis
- Empire Brewing Company – St. Louis
- K. Goetz Brewing Company – St. Joseph
Missouri Asbestos Trusts
Asbestos trusts were formed after asbestos manufacturers and employers exposed employees and consumers to dangerous asbestos substances. In many situations, thousands of claimants filed lawsuits against some of these companies. As a condition of a verdict, settlement or bankruptcy case, asbestos trusts were formed.
Christy Refractories is a producer of ceramics and refractories that historically included high levels of asbestos in them. The company is headquartered in St. Louis. It filed bankruptcy in 2008 and established the Christy Refractories Asbestos Personal Injury Trust in 2010 and began taking claims in 2012. It is considered active and has estimated funds of $23 million. The trust is administered in New Jersey.
Standard Insulations, Inc. was headquartered in Kansas City, Missouri. It established a trust after filing bankruptcy in 1986, but it is unknown if this trust is still active or has available funds for claims.
Missouri Asbestos & Mesothelioma Lawsuits
Missouri has been home to some of the nation’s biggest verdicts and settlements. It has been perceived as a judicial wasteland for many asbestos companies. News report samples of significant asbestos verdicts and settlements that range from $1.5 million to as high as $4.69 billion and include:
- A St. Louis jury ordered conglomerate Johnson & Johnson to pay colossal dollar amount to 22 women after finding that some of the company’s products contained asbestos and caused the women to develop ovarian cancer.
- A retrofit of the Jackson County Courthouse in 1983 and 1984 caused asbestos dust to be dispersed throughout the building. Approximately 7,500 people who worked there at the time settled their claim for an enormous dollar figure, which was required to be used to test people for mesothelioma and other asbestos-related conditions.
- In 2000, a jury returned a gigantic verdict in favor of a 64-year-old Missouri resident who was exposed to asbestos when he worked for Shell Oil Company from 1956 to 1966 in one of their refineries. He was later diagnosed with mesothelioma in 1998. The verdict included large dollar amount in compensatory damages and another huge dollar figure in punitive damages.
- Kansas City sued Keene Corporation alleging that it had caused property damage through its asbestos-containing materials that were installed in the Kansas City International Airport. The city alleged the corporation knew the materials were hazardous. The jury returned a massive verdict in favor of the city in 1991.
- A St. Louis jury returned an substantial verdict in St. Louis in 2012. The greatest portion was for punitive damages and the lesser portion was for compensatory damages. The wife of a machinist filed the wrongful death claim after her husband died of mesothelioma. She claimed that some of the parts he worked on while aboard a World War II-era ship where he worked to upkeep the valves contained asbestos. The defendant appealed the decision, but the decision was upheld by the Missouri Supreme Court.
- A Missouri jury awarded a jumbo verdict in 2009 after agreeing that the plaintiff developed mesothelioma after being exposed to asbestos in ceiling tiles that eventually resulted in his death.
- A steamfitter who worked on various industrial and commercial sites between 1958 and 1983. He alleged that he was exposed to asbestos several times a week during his career when working with cement, insulation, boilers, pumps, valves, gaskets and fittings. There were originally 57 defendants involved in the case and all except for Nibco, Inc. settled or were no longer defendants at the time of trial. He was awarded a sizable dollar amount. The appellate court later affirmed the decision in 2015.
- A Missouri law firm helped a plaintiff receive actual and hefty punitive damages in federal court. The plaintiff suffered asbestosis and scarring of the lungs.
- A plaintiff received a considerable verdict from federal court in a product liability case related to asbestos.
