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With at least 41 catalogued asbestos deposits or mines in the state, Pennsylvania poses a serious risk of asbestos exposure. At least four asbestos mines were operational in the southeastern part of the state. These mines extracted amphibole. Some subtypes of this asbestos cause asbestos fibers to remain in the lungs for a longer duration, which can lead to deadly mesothelioma. Pennsylvania also received 425,000 tons from Libby Montana between 1948 and 1993 that included vermiculite that was contaminated with asbestos.
Pennsylvania is also an industrial hub with thousands of manufacturing plants across the state. Asbestos was part of many materials, including protective clothing, roof shingles, cement products, joint compound products and tiles. It was also used in many facilities in its construction and as insulation for furnaces and machinery.
Pennsylvania was also a prominent location where locomotives were built. During this process, asbestos was used in the locomotives and in the machines that manufactured them. Employees who worked near these sites could have been exposed to dangerous asbestos.
Pennsylvania, and more particularly Pittsburgh, is specifically known for its vibrant steel production industry. The steel industry was primarily responsible for the city’s economic growth during the 20th century. Because steel production involves extreme temperatures, asbestos was often used to protect workers from heat and flames. However, asbestos fibers in this protective equipment may have actually harmed the workers through exposure.
Other industries that had widespread use of asbestos in the state include refineries, power plants, textile operations and shipyards.
Pennsylvania Mesothelioma Diagnoses
Pennsylvania ranks third in the nation for the number of mesothelioma cancer and asbestosis diagnoses. There were at least 2,476 Pennsylvania residents who were diagnosed with mesothelioma between 1999 and 2015. Delaware County has some of the country’s highest rates of malignant mesothelioma. The highest incident rates occur in the areas surrounding Philadelphia and Pittsburgh. The incident rate is approximately 13 people per million annually. There were at least 1,273 Pennsylvania residents who were diagnosed with asbestosis and another 10,404 who were diagnosed with non-mesothelioma lung cancer between 1999 and 2013.
Most cases of mesothelioma occurred in these cities:
Pennsylvania Asbestos Laws
Pennsylvania has several specific state laws that may affect a mesothelioma victim’s claim against a liable defendant. These laws dictate when a lawsuit must be filed, what the plaintiff must prove in order to establish his or her burden of proof, how the case is processed and what damages may be available. Some of the most important laws related to asbestos litigation in Pennsylvania include:
Prima Facie Evidence of Physical Impairment
Individuals who file an asbestos lawsuit must be able to show that they have suffered a physical impairment in relation to asbestos exposure. Plaintiffs who have asymptomatic pleural thickening without a physical impairment are not entitled to compensation under Pennsylvania law.
Court Exposure Standard
When a plaintiff brings forth an asbestos case, he or she must meet the relevant court exposure standard, which is determined by state law. Different states have different standards. The most common standard is the Lohrmann test. Under this standard, the plaintiff must show that the defendant’s product was a substantial factor in him or her developing mesothelioma or another asbestos-related condition. Pennsylvania’s highest court has adopted this standard. The plaintiff must present sufficient material facts, including the frequency, regularity and proximity to the defendant’s product. The court has specifically rejected the “any exposure” theory in awarding compensation to victims.
Statute of Limitations
The statute of limitations is the time limit that a plaintiff has to file his or her case. In Pennsylvania, the statute of limitations for personal injury cases including asbestos exposure cases is two years. This, however, is not two years from when the exposure occurred. Instead, the two years starts on the date when the plaintiff learned about the cause of action or reasonably should have become aware of the injury. In many cases, this is two years from the date of diagnosis. However, other plaintiffs may be able to argue that the statute of limitations should start later when they learned of the correlation between the defendant’s product or actions and the diagnosis. For wrongful death claims, there is a two-year statute of limitations that begins on the date of the decedent’s death.
Case Management Orders
Pennsylvania procedural rules allow for greater flexibility related to asbestos litigation. Courts can approve plans that are targeted at facilitating quick resolution of pending litigation. These orders can simplify court filings, schedule discovery and trials, group cases based on similar factors, transfer cases to an inactive docket if plaintiffs do not have a physical impairment and establish requirements for reactivating inactive cases.
Several and Successor Liability
Pennsylvania uses several liability on tortfeasors. Several liability distinguishes the liability of one defendant from that of others and only makes the defendant responsible for its own liability. The prior law allowed asbestos plaintiffs to file a lawsuit against one defendant that it could recover the entire judgment from. Now, the plaintiff will have to sue all possible defendants. The jury apportions liability between the defendants who are responsible for only their share of the liability.
Pennsylvania also limits the liability of a successor. When companies are acquired by other companies, the new company usually takes on the liabilities and obligations of the former company. Pennsylvania law limits the possible liability stemming from asbestos exposure from the former company to the fair market value of the total assets the former company had when it was acquired.
Deferment of Punitive Damages
Beginning in the 1980s, a Pennsylvania judge who handled most of the asbestos cases in the state began a practice in which he would separate and defer consideration of punitive damages while resolving other claims. He reasoned that limiting punitive damages would allow for more claimants to be able to receive compensation for their compensatory damages, such as medical expenses. This practice has become the standard in some portions of the state.
Pennsylvania State Asbestos Regulatory Agencies and Regulations
The primary agency responsible for implementing and enforcing asbestos rules in Pennsylvania is the Pennsylvania Department of Environmental Protection. The state has adopted the federal Environmental Protection Agency’s asbestos standards. The state’s department of environmental protection establishes training requirements and accredits training courses in the state that are necessary for contractor certification for asbestos work. The department’s regulations must be at least as stringent as the EPA standards. Contractors must be licensed to remove asbestos and must notify the department at least five days before beginning any asbestos abatement projects. The department can reprimand, sanction and deny or revoke certification if these laws are not followed.
Pennsylvania’s state law defines asbestos as the following:
- Asbestos – The asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite (amosite), anthophyllite, actinolite and tremolite.
- Asbestos containing material (ACM) – Any material that contains more than 1% asbestos by weight.
Pennsylvania Asbestos Site Exposure List
Some of the more prominent locations that are associated with possible asbestos exposure in the state of Pennsylvania include the following:
- Bethlehem Steel Shipyard – Bethlehem
- Penn Shipbuilding – Chester
- Philadelphia Naval Shipyard – Philadelphia
- Key Highway Shipyard – Bethlehem
- Pennsylvania Shipyard – Bethlehem
- Sun Shipbuilding & Drydock Company – Chester
- Hog Island Shipyard – Philadelphia
- Pittsburgh Steamship Company – Pittsburgh
- William Cramp and Sons – Philadelphia
- LTV Steel – Pittsburgh
- Bethlehem Steel – Pittsburgh
- Pittsburgh Steel Foundry – Pittsburgh
- Aliquippa Steel Company – Pittsburgh
- National Steel Company – Pittsburgh
- General Electric Transportation – Erie
- Pennsylvania Railroad – Erie
- Alcoa Aluminum – Lancaster
- Electralloy – Oil City
- USX Corporation – Fairless Hills
- R. Grace Corporation – New Castle
- BoRit Asbestos Site – Ambler
- Ambler Asbestos Piles – Montgomery County
Pennsylvania Asbestos Trusts
Asbestos companies that were sued due to liability stemming from asbestos exposure often chose to file bankruptcy after facing hundreds or thousands of claims. Some of these companies established special asbestos bankruptcy trusts that handled claims. In some situations, the companies were able to reorganize and continue operations while the trust disbursed compensation to current and future claimants. When an asbestos trust is available, an injured individual who was impacted by the company’s actions or products may be able to file a claim against the trust without having to go through the entire process of litigation.
There are several of these trusts that were established by companies headquartered in Pennsylvania. The ACandS Asbestos Settlement Trust was established by the Pennsylvania company ACandS Inc.. which used asbestos in a variety of insulation products. The company filed bankruptcy in 2002. It reorganized and funded a trust with $400 million in 2008. The trust has estimated funds of $528 million and has already paid out several million dollars to claimants. The trust is administered out of New Jersey.
The H.K. Porter Co., LTD., headquartered in Pittsburgh, filed bankruptcy in 1991 after facing over 100,000 lawsuits. It reorganized in 1998, at which time it established the H.K. Porter Asbestos Trust with estimated funds of $104 million. The trust has disbursed more than $300 million in settlements. It is still considered active. The trust is administered out of New Jersey.
Pittsburgh Corning purchased UNARCO’s Unibestos pipe insulation and soon after faced lawsuits stemming from this line. It was forced to declare bankruptcy in 2000. It established the Pittsburgh Corning Corporation Asbestos Personal Injury Trust in 2013 and has estimated funds of $825 million. The trust is administered out of Delaware.
The United Gilsonite Laboratories Asbestos Personal Injury Trust was established in 2014 after United Gilsonite Laboratories filed bankruptcy in 2011. The company manufactured sealants and cements that contained asbestos in them. The trust contains estimated funds of $11.75 million, which are earmarked for settlements to asbestos personal injury claimants. The trust is administered out of Illinois.
Amatex Corp. also had an asbestos trust, called the Amatex Asbestos Disease Trust. The company was headquartered in Norristown and produced wick and tubing products that contained asbestos. The company filed bankruptcy in 1990 and set up the trust with estimated funds of $16 million. It paid out $11 million in compensation to claimants during the first ten years of its existence. The trust is now considered inactive.
Pennsylvania Asbestos Verdicts and Settlements
At one point in history, Pennsylvania was one of the top five states for asbestos lawsuits in the country. However, that has slowed considerably. There have been several notable verdicts and settlements in the public news involving unaffiliated law firms ranging from $1 million up to $14.5 million, including:
- $14.5 million – In 2011, the wife of a man who died from mesothelioma was awarded $14.5 million by a Philadelphia jury. The man had worked as a pitman, laborer, welder and mechanic, during which time he was exposed to asbestos. He was diagnosed with mesothelioma in the winter of 2009 and died from the disease in October 2009. The verdict was later vacated and a new trial was ordered after a Superior Court appeal’s panel found that expert testimony was improperly admitted by the trial judge.
- $10 million – A $10 million verdict was returned in a 2010 mesothelioma case in Philadelphia against Melrath Gasket.
- $7 million – A Pennsylvania jury awarded $7 million in 2008 to the family of a man in Ross who died after asbestos exposure while working in construction in the downtown area. The case was brought against Dravo Corp., Koppers Co., Inc., Fisher Scientific and several producers of asbestos products. Three of the defendants were former employers of the decedent, dating back to 1968. The man died in 2006 six months after he was diagnosed with mesothelioma.
- $4.4 million – A man worked as a steamfitter on boilers, pumps, steam traps and valves at refineries and other industrial facilities. The personal injury firm secured compensation of $4.4 million after the 60-year-old developed mesothelioma.
- $2.3 million – A mesothelioma victim’s wife filed a lawsuit in June 2012 after claiming that her husband had been exposed to asbestos at work. He worked as a sheet metal helper and mechanic. He was diagnosed with malignant mesothelioma in 2010. She received a $2.3 million verdict. The defendant appealed the decision, and a Philadelphia judge upheld it.
- $2.25 million – A personal injury firm secured $2.25 million from a wife who had developed mesothelioma at age 61 after washing her husband’s asbestos-covered work clothes for years. He worked as a maintenance mechanic in southeastern Pennsylvania.
- $1.8 million – A 61-year-old man from York County was diagnosed with mesothelioma after he had worked a job where he was regularly exposed to asbestos several decades before. He died within a year of the diagnosis. The personal injury team was able to secure $1.8 million for the man’s family through a settlement.
- $1.7 million – A Philadelphia Court of Common Pleas jury awarded $1.7 million after a 72-year-old former factor worker died from mesothelioma after working for ESAB Group between 1962 to 2001. The worker’s wife filed a wrongful death action against the employer. She was apportioned $1 million and the worker’s estate received the remainder.
- $1.085 million – A Philadelphia federal court jury awarded $1.085 million in 2012 to the widow and estate of a former millwright. The Zelienople resident worked around asbestos as part of his job, including industrial valves that included gaskets and packing that contained asbestos. He worked regularly around these products between 1951 and 1986
Pennsylvania Mesothelioma Lawyer
Due to the high incident of mesothelioma in the state, there are several personal injury lawyers who focus on or work on mesothelioma cases that may become co-counsel including:
A Pennsylvania firm which offers convenient locations for mesothelioma victims throughout the state. The firm has been advocating for personal injury victims for many years. Its attorneys have spent years understanding mesothelioma litigation and how tort law applies to client cases. The firm believes in starting a case with a solid foundation and its legal team investigates accidents thoroughly and meticulously. The firm has a full-time investigator that is an integral part of its team. The legal team obtains evidence and reviews medical records to determine the extent of the victim’s injuries and the link to the defendant. They push for a fair settlement when possible or file claims with an asbestos trust. However, they are not afraid to litigate a claim if a fair settlement is not available.
A Pittsburgh-based law firm that has posted a record of multimillion-dollar results stemming from mesothelioma verdicts and settlements. The firm focuses on providing legal representation to individuals with mesothelioma and who were adversely affected by exposure to asbestos. The firm advocates for individuals injured by asbestos at work or in their home. The firm has decades of combined legal experience in investigating and litigating cases involving asbestos-related diseases. The firm has developed a strong reputation in the legal community.
This law firm is located in Philadelphia but also takes on New Jersey cases. The firm has represented more mesothelioma victims than most other firms throughout the country. The firm was established on emphasizing cases involving exposure to asbestos. The firm has tried more than 1,000 cases and secured hundreds of millions of dollars in recovery for clients. It is very knowledgeable about what asbestos products were produced, the type of worksites that produced or handled them and the treatments required after asbestos exposure. They apply this extensive knowledge to their clients’ cases.
A personal injury law firm that is located in Harrisburg. It has represented injured victims for many years, resulting in vast recoveries through verdicts and settlements. The firm handles cases in Harrisburg, Lancaster and York. Its diligent representation has resulted in several high profile recoveries for accident victims.
A Pittsburgh-based law firm that has been in practice for more than 3 decades and among the first to practice asbestos cases. They take on asbestos cases throughout the nation and have helped individuals recover compensation for the injuries they sustained due to asbestos exposure. Their attorneys provide personalized service to clients and will come to a client’s home or hospital room to meet with them. The firm’s lawyers has a commitment to exceptional client service by the legal staff.
