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New York has one of the highest diagnosis rates associated with asbestos exposure in the country. New York has used asbestos in numerous applications. It was a prime location for military shipbuilding during World War II where asbestos was used in insulation and many other components of the ships. These materials helped to insulate Navy ships and make them fireproof.
Many factories also used asbestos in New York. An industrial hub in the nation, New York manufacturers commonly used asbestos in multiple applications. Demand was high for the material that was resistant to fire, heat, chemicals and electricity. Asbestos was included in building materials like roof shingles and floor tiles, sealants and adhesives. Additionally, paper mills often used asbestos as drying surfaces.
Power plants often used asbestos to insulate them. Pipe fitters and insulation workers are often at a heightened risk of being exposed to asbestos. New York is home to some of the nation’s first power plants. Workers at these plants could have breathed in airborne asbestos fibers which is the only known cause of diseases such as mesothelioma.
A unique cause of exposure to asbestos for New York residents is inhalation caused by the New York terrorism attack that occurred on September 11, 2001. Dust clouds formed over Manhattan after the attack, which contained asbestos particles from buildings that contained the material that were destroyed. Rescue workers like firefighters, police and EMT workers breathed in this dangerous smoke. Additionally, local residents also inhaled it, which may be grounds for a lawsuit or asbestos trust claim.
New York Mesothelioma Diagnoses
New York ranks fifth in the country for the rates of mesothelioma cancer and asbestosis incidents. There were more than 2,354 New York residents who were diagnosed with mesothelioma between 1999 and 2015. Additionally, more than 935 New York residents were diagnosed with asbestosis and more than 9,012 individuals were diagnosed with non-mesothelioma lung cancer between 1999 and 2013.
The following cities had the majority diagnoses:
New York City – Buffalo – Long Island – Rochester – Syracuse – Yonkers – Niagara Falls
New York Asbestos Laws
There are a number of laws in New York that may impact mesothelioma claims, including the following:
Statute of Limitations
The statute of limitations is the time limit by which a plaintiff must file a lawsuit to prevent the claim from being time-barred. In New York, there is a three year statute of limitations for mesothelioma victims to file their lawsuit after discovering they have this condition. If the individual dies from mesothelioma or an asbestos-related disease, the surviving family has two years to bring forth a lawsuit.
Court Exposure Standard
To prevail with a mesothelioma or asbestos-related case, the plaintiff must fulfill the court’s exposure standard. Different states use different standards. The plaintiff must show that he or she was exposed to the defendant’s product and this exposure is more likely than not a substantial factor in them developing mesothelioma or another asbestos-related condition. This usually requires providing evidence that the defendant’s product was present at the time of the plaintiff’s exposure. Testimony may be necessary to establish the defendant’s product was capable of causing particular illnesses and that the plaintiff was exposed to sufficient levels of the dangerous substance to develop the illness. This requires showing specific causation and not just that every possible exposure could have resulted in the disease.
Asbestos Case Management
New York City and Syracuse courts have established inactive dockets to handle asbestos cases. These inactive dockets are in place to try to streamline the process of asbestos cases and promote more efficient resolution of the cases. Claimants who were exposed to asbestos and failed a lawsuit but who do not have mesothelioma or another impairment are placed on a separate inactive document. These cases are stalled until the plaintiff’s injuries progress, but they are protected by the statute of limitations. These courts also use special procedural rules to handle the backlog of cases. Terminally ill claimants are given first priority with accelerated trials occurring during one month two times a year. Similar cases are clustered together for scheduling and discovery purposes.
New York Asbestos Regulatory Agencies
New York has several regulatory agencies that are responsible for implementing or enforcing asbestos regulations, including the New York Department of Health, Department of Labor and Department of Environmental Conservation. Additionally, there is a New York City Department of Environmental Protection assists on the city level.
The New York Department of Labor provides the following relevant definitions:
- Asbestos – Any naturally occurring hydrated mineral silicate separable into commercially usable fibers, including chrysotile (serpentine), amosite (cumingtonite-grunerite), crocidolite (riebeckite), tremolite, anthophyllite and actinolite.
- Asbestos Containing Material (ACM) – Any material containing greater than one percent (1%) of asbestos, also known as Asbestos Material.
New York Asbestos Site Exposure List
Prominent military, public and commercial sites that may have used asbestos in New York include:
- Plattsburgh Air Force Base – Plattsburgh
- Fort Drum Army Base – Watertown
- Zonolite Company/W.R. Grace – Weedsport
- Kodak Park – Rochester
- Xerox Corporation – Rochester
- Bethlehem Steel – Buffalo, Lackawanna
- Bethlehem Shipbuilding Corporation – Brooklyn
- Brooklyn Navy Yard – Brooklyn
- GMD Shipyard Corporation – Brooklyn
- Caddell Dry Dock & Repair Co. – Brooklyn
- Durez Plastics – North Tonawanda
- Albany Felt Company – Albany
- American Standard – Buffalo
- Dunlop Tire and Rubber – Buchanan
- General Motors – Buchanan
- Corning Glass – Corning
- IBM – Endicott
- Garlock Sealing Technologies – Palmyra
- Alcoa Aluminum – Massena
- Vanity Fair Paper Mills, Inc. – Plattsburgh
- Georgia Pacific Corporation – Plattsburgh
- Brooklyn Union Gas Company – Brooklyn
- Niagara Mohawk Power Corporation – Glenmont
- Indian Point Energy Center – Buchanan
- Astoria Powerhouse – Brooklyn
- Charles Poletti Power Project – Brooklyn
- Niagara Electrochemical Company – Niagara Falls
- Occidental Chemical Corporation – Niagara Falls
- Union Carbide Company – Niagara Falls
- Rochester Gas & Electric – Rochester
New York Asbestos Trusts
Asbestos trusts were sometimes formed after companies were sued for liability stemming from asbestos exposure to workers or consumers. These were usually out of a bankruptcy agreement. These trusts are responsible for handling claims against the company.
There are a few asbestos trusts that were established by companies headquartered in New York. Durabla manufactured materials for gaskets. The company filed bankruptcy in 2009. It later merged with Gasket Resources when it reorganized and established the Durabla Asbestos Trust in 2012. The trust has estimated funds of $16.6 million.
Kentile Floors filed bankruptcy 1992 and then reorganized in 1998 as Metex Manufacturing Company. The company filed bankruptcy again in 2014 and established the Metex Asbestos Personal Injury Trust in 2015. The trust has estimated funds of $193 million.
The T.H. Agriculture & Nutrition L.L.C. Asbestos Personal Injury Trust was established by T.H. Agriculture & Nutrition, Phillips Electronics North America Corporation and Elementis Chemicals. T.H. Agriculture filed bankruptcy in 2008 and established a trust the next year that handled approximately 6,000 claims. The trust has estimated funds of $901 million.
Garlock manufactured gaskets and declared bankruptcy in 2010. It began to reorganize and established an unnamed trust with $480 million.
New York Mesothelioma & Asbestos Verdicts
New York is home to some of the largest asbestos verdicts in the country. Public news reports indicate over the last 20 years, there have been numerous multi-million dollar verdicts involving unaffiliated law firms that range from $4 million to $190 million which include the following:
- Five cancer victims received a colossal verdict, delivered by a New York City jury against two boiler companies. Three of the plaintiffs died from mesothelioma before the verdict was rendered in 2013.
- Former employees of the Brooklyn Navy Yard recovered a gigantic dollar figure after filing suit in 2001 who were exposed to asbestos during their careers.
- A massive verdict was awarded to 36 men who worked previously at the Brooklyn Navy Yard and were exposed to asbestos due to their work.
- In 2017, a New York City jury awarded a married couple a monumental verdict after the wife was diagnosed with peritoneal mesothelioma while working alongside her husband, a mechanic, and while laundering his clothing. Some of the defendants settled before trial.
- In 2018, a Manhattan jury awarded the estate of a man who died of mesothelioma an enormous amount of money after working by asbestos-laden boilers as a laborer.
- A New York jury awarded a former electrician and the estate of a former seaman and immense dollar figure in 2004. They worked at the Brooklyn Navy Yard.
- Johnson & Johnson and its talc suppliers was confronted with an exorbitant jury verdict after finding that a woman developed cancer after using the company’s baby powder that contained asbestos.
- The family of a former Navy shipfitter was handed a jumbo verdict by a New York City jury. The jury determined that the defendant acted with reckless disregard, causing the plaintiff to develop mesothelioma from asbestos exposure. The man died of the deadly disease at the age of 72.
- A 71-year-old man diagnosed with mesothelioma and his wife secured a giant verdict in 2008 after the jury determined the defendant’s product exposed the man to asbestos dust and that it knew it was dangerous at the time of exposure.
- In 2015, the estate of a man who died of mesothelioma after being exposed to asbestos that was mined in upstate New York received a hefty dollar amount from an asbestos verdict.
- The family of a New York school bus driver who died of mesothelioma after being exposed to asbestos in the school’s garage was awarded a sizable verdict.
- The family of a woman who died at 76 years of age received a substantial verdict after she died of mesothelioma, which was linked to her use of cosmetic talcum powder that was contaminated with asbestos.
- An Erie County jury awarded a great verdict in 2018 to a man who developed mesothelioma after being exposed to asbestos on the job and his family. The jury found the defendant had a duty to warn the man about the hazards associated being exposed to valves that contained asbestos and failed to meet this duty. The damages were to compensate the pair for loss of earnings, pain and suffering and loss of consortium.
- Jenkins Bros. was hit with a considerable verdict after a New York jury found it responsible for a welder contracting mesothelioma after he was exposed to asbestos in gaskets, packing and insulation.
- A New York steel and piping company that allegedly supplied asbestos to various plants and exposed a plaintiff to it so that he developed mesothelioma was hit with a booming verdict in 2015.
Not all verdicts are favorable to plaintiffs. Many cases settle before the case is taken to trial, resulting in settlements of undisclosed amounts.
New York Mesothelioma Lawyers
There are several New York law firms that work on or specialize in mesothelioma cases and asbestos litigation. Some national firms are based out of New York that may become co-counsel include:
A law firm’s who’s main office is located in New York and has provided legal advocacy to clients for many years and was among one of the first firms to tackle asbestos cases. It handles hundreds of cases a year involving asbestos litigation.
A New York City-based law firm that has a talented team of attorneys who have helped mesothelioma victims recover more comprehensive verdicts and settlements lodged against asbestos manufacturing companies. While based in New York, to meet personally with individuals and their families so that they can get a better understanding about the case. The firm has extensive resources and has received national recognition for their client advocacy.
A law firm with nearly over a decade of experience litigating personal injury cases, including mesothelioma, asbestosis and asbestos-related diseases. The firm has an extensive record of success in these types of cases, resulting in the recovery of verdicts and settlements. The firm has developed a national reputation in advocating for fair settlements and fighting for justice when they are not offered. They have received several national awards for their accomplished legal help.
A law firm that has worked diligently to become one of New York’s leading mesothelioma law firms. The firm focuses on helping victims who were exposed to asbestos. They have also represented clients involved in other toxic exposure cases and have built a wealth of knowledge and resources. The firm is intimately familiar with the industries and job sites in New York that may have exposed workers to asbestos and that used asbestos products. They focus on representing individual plaintiffs. They also assist with workers’ compensation claims and asbestos trust claims.
This law firm has been in practice for many years. It has grown into one of the largest law firms in New York and also services New Jersey clients. The firm’s attorneys have handled asbestos cases for decades, being some of the first attorneys to bring forward asbestos cases in the country. Their lengthy history in the asbestos litigation arena has provided them with a wealth of experience, knowledge, evidence, data and other resources that they use to advocate for their clients’ interests. They have represented clients in state and federal courts and have also handled many asbestos bankruptcy settlement trust claims. They are nationally recognized but have local firms that have extensive knowledge of the industrial history of New York and unmatched databases of local sources regarding asbestos exposure. They also have a wealth of information regarding world-class medical care that is available to mesothelioma victims.
