[breadcrumb]
With 22 known sites for asbestos sites, including 12 deposits of naturally-occurring asbestos and three asbestos mines, Oregon poses a significant risk for asbestos exposure. The three asbestos mines included the Mount Vernon deposit in Grant County, the Raspberry Creek deposit in Jackson County and the L.E.J. Asbestos mine in Josephine County. The Mount Vernon deposit began production in 1959 where chrysotile asbestos was extracted. The Raspberry Creek deposit was mined for tremolite asbestos, beginning in 1943. The L.E.J. Asbestos mine produced tremolite asbestos, beginning in 1952. Mining is linked to a greater degree of asbestos exposure due to the substance being in its natural state. Many mines failed to use safety equipment, and when they did, asbestos was often contained in the protective equipment.
In addition to the mining operations, another major source of asbestos exposure in Oregon was the shipbuilding industry. Oregon’s coastline made it a desirable location for many shipyards. These shipyards potentially exposed thousands of workers to asbestos. The U.S. Military and more specifically the Navy required asbestos to be used in ships due to its insulating and fireproof properties. Asbestos was commonly used in ship furnaces, boilers and other portions of the ship.
It is estimated that up to 200 facilities were potentially a source of asbestos exposure in the state of Oregon. Power plants, lumber mills, paper mills and factories across the state were other sources of asbestos exposure in Oregon. Metalworks facilities also exposed workers to asbestos. Asbestos was often used during the metalworking process and was found in the factories and equipment.
Oregon Mesothelioma Diagnoses
Oregon is ranked 19th in the country for the number of mesothelioma and asbestosis incidents. Between 1999 and 2015, at least 619 Oregon residents were diagnosed with mesothelioma. The incidence rate for mesothelioma in the state is approximately 11 people per million annually. Multnomah and Clackamas Counties have the highest number of mesothelioma incidences in the state. Between 1999 and 2013, over 456 Oregon residents were diagnosed with asbestosis and over 2,640 died from non-mesothelioma lung cancer.
Most Diagnoses Occured in the Following Cities: Portland – Salem – Eugene – Corvallis – Springfield – Bend – Beaverton
Oregon Asbestos Laws
Oregon has a number of laws related to mesothelioma lawsuits. These laws impact who may be sued, the time limit by which a claim must be filed and what the plaintiff must prove in order to secure compensation.
Statute of Limitations
The statute of limitations is the time limit by which a plaintiff must file a lawsuit in order to prevent the claim from being time-barred. Many states use a statute of limitations for asbestos exposure cases that is included in a general personal injury statute. However, Oregon uses a statute of limitations that is specific to product liability actions stemming from causing an asbestos-related disease. According to this statute, the case must be brought within two years after the date when the plaintiff first discovered, or reasonably should have discovered by exercise of reasonable care the disease, and its cause. The statute specifically states that other statutes of limitations or statutes of repose do not apply. There is also a two-year statute of limitations for wrongful death cases in Oregon.
Court Exposure Standard
Many asbestos cases are brought on the state level. Each state establishes different rules and standards for what the plaintiff must establish in a case. The most common standard in asbestos cases is the Lohrmann test, which requires the plaintiff to prove that the defendant’s product was a substantial factor in the plaintiff developing mesothelioma or another asbestos-related condition. This is completed by establishing the regularity, proximity and frequency of use of the product. Oregon does not require this standard. Instead, it uses the California standard, which still requires showing that the defendant’s product was a substantial factor in the plaintiff developing mesothelioma. However, it is not necessary to establish the proximity or regularity of exposure to the defendant’s product, which is a higher burden to meet.
Limitations Against Certain Defendants
In some situations, a product liability action for damages resulting from an asbestos-related disease cannot be brought against a contractor for the damages. This limitation applies if the contractor used or installed products pursuant to plans, specifications or directions prepared by a project owner, is not the manufacturer or distributor of the asbestos-containing materials, and the contractor did not furnish the asbestos-containing products independent of the provision of labor. A lawsuit can still be brought against the contractor if he or she substituted an asbestos-containing material on a project where the plans did not call for its use and the project owner did not expressly consent to this substitution.
Oregon State Asbestos Regulatory Agencies
The three primary agencies on the state level include the Oregon Department of Environmental Quality , the Oregon Occupational Safety and Health Administration, and the Lane Regional Air Protection Agency. The Oregon Department of Environmental Quality defines asbestos as “a number of naturally-occurring fibrous minerals that are very strong, heat-resistant and extremely durable.”
Individuals performing an asbestos abatement project are required to be certified. Before demolishing or renovating a facility, it must be inspected by a certified inspector. Owners, operators or contractors are required to notify the Oregon Department of Environmental Quality at least ten days before they begin any abatement project involving friable asbestos. There are additional rules regarding asbestos disposal and asbestos exposure in the workplace. Single and private residences that are occupied by the owner do not have to comply with many of the rules related to asbestos.
Oregon Asbestos Site Exposure List
Some of the prominent military installations, shipyards, metalwork companies and other sites associated with possible asbestos exposure in Oregon include:
- Mount Vernon Deposit – Grant County
- Raspberry Creek Deposit – Jackson County
- E.J. Asbestos Mine – Josephine County
- Burns Air Force Station – Burns
- Albina Shipyard – Portland
- Astoria Voyage Repair Station – Astoria
- Cascade General Shipyard – Portland
- Dyer Shipyard – Astoria
- Northwest Marine Ironworks – Portland
- Portland Shipyard – Portland
- South Portland Shipyard – Portland
- Swan Island Shipyard – Portland
- Tongue Point Naval Shipyard – Astoria
- Willamette Iron and Steel Yard – Portland
- Martin-Marietta Aluminum Co. – The Dalles
- Chiloquin Lumber & Box Company – Klamath County
- North Ridge Estates – Klamath Falls
- Rhone-Poulenc Chemical Plant – Portland
- Hels Pulp and Paper Company – Saint Helens
- Willamette Paper Mill – Albany
Oregon Asbestos Trusts
Asbestos companies were sued heavily after people learned of the dangers of exposure and developed such life-threatening illnesses as mesothelioma stemming from this exposure. In the face of daunting liability, many of these companies filed bankruptcy. Some of these companies then formed asbestos trusts to handle claims stemming from this liability. If an asbestos trust is available, a claimant can make a claim against it without having to go through the entire process of litigation.
While there are no known asbestos trusts that were formed by companies headquartered in Oregon or that are administered in Oregon, a claimant may have a claim against an existing asbestos trust. Many companies that formed asbestos trusts had a national presence and may have employed individuals throughout Oregon. An Oregon asbestos lawyer can explain whether a trust is available.
Oregon Asbestos and Mesothelioma Lawsuits
Oregon has seen some notable verdicts and settlements relating to asbestos litigation. The following reports of awards ranging from $1.4 million to $5 million due to asbestos exposure, are from public news involving unaffiliated law firms:
- A Multnomah County jury delivered a massive verdict for a retired pipefitter in a mesothelioma trial in a case against John Crane, Inc. in 2017. The award included an amount in non-economic damages, another amount in economic damages and the greatest amount in punitive damages after the jury found that the defendant demonstrated a reckless and outrageous indifference to the possible harm caused by asbestos exposure.
- A carpenter who worked in Oregon and Washington from 1972 to 2013 who was diagnosed with mesothelioma recovered substantial amount.
- A man who was exposed to asbestos while working as a security guard at a pulp and paper mill in Springfield who was diagnosed with mesothelioma at age 33 recovered a considerable amount.
- A man who was diagnosed with mesothelioma at age 64 after working as a union laborer at industrial facilities and construction sites in Washington and Oregon recovered a hefty sum.
- The surviving spouse of a man who worked around insulators and boilermakers in Oregon and was exposed to asbestos recovered sizable amount.
- A man who performed repair work on numerous ships who was diagnosed with mesothelioma at age 61 recovered a large award.
- A man who worked as a radio technician in Oregon who was diagnosed with mesothelioma at age 58 recovered extensive compensation.
- A man who worked at the Electric Steel Corp. in Portland as a ladle man and forklift driver and around furnaces insulated with asbestos that poured molten metal into molds that were re-insulated approximately every three to six months and was diagnosed with mesothelioma at age 66 recovered a .
- A man who worked on shipyards including the Swan Island Shipyard recovered a large award.
- A Multnomah County Circuit Court jury awarded huge dollar figure in 1999 to a 71-year-old Portland worker who developed asbestos-related lung disease after working for Kaiser Gypsum.
- A man who worked as an assembly line worker in Portland, a carbon setter at an aluminum and a delivery driver was diagnosed with mesothelioma at age 63. He recovered full compensation.
- A man who worked as a mechanic in La Grande and was exposed to asbestos from brake pads and other automotive parts and was diagnosed with mesothelioma at age 82 recovered a large award.
Oregon Mesothelioma Lawyers
Given the high number of mesothelioma diagnoses in the state, there are several local Oregon attorneys who represent mesothelioma victims that may become co-counsel including:
A law firm that focuses solely on mesothelioma cases, giving it the focus necessary to capably handle these cases. The firm has ample resources and information that assists clients in determining how to proceed with their case, along with decisions regarding their care and treatment. Their legal team will review clients’ work history and compare it against jobsites known for asbestos included in a database that the firm has developed over many years to determine possible asbestos exposure. The firm has developed a reputation as leaders in mesothelioma representation. The firm has helped obtain several large verdicts and settlements. They have also won cases on appeal.
A law firm that has firm has successfully recovered results through verdicts and settlements. These results represent some of the largest verdicts in the state for individuals who have mesothelioma and other asbestos-related medical conditions. The firm provides full legal services for mesothelioma victims from its Portland and other locations. The firm represents clients in Oregon, California and Washington.
A law firm with offices in Albany, Corvallis and Portland, clients can meet attorneys in a convenient location. The firm’s attorneys offer decades of combined legal expedience. They understand the intricacies of asbestos litigation, including how asbestos exposure often occurs, as well as understanding state-by-state regulations regarding how a claim must be filed. The firm focuses on mesothelioma, wrongful death and other personal injury cases. The firm’s attorneys have received state and national recognition for their trial work and client advocacy. They also focus on increasing safety in the workplace and community.
A law firm that is based out of Lake Oswego. The firm has a repository of information regarding possible jobsites and other locations that are associated with asbestos exposure. The firm’s attorneys deliver skillful and thoughtful legal representation. They are not afraid to take a case to trial and will not simply quickly settle a case if that means the client’s best interests are compromised. The firm has successfully represented a number of individuals who have developed mesothelioma, resulting in significant verdicts and settlements. The firm can also offer advice regarding treatment options.
A law firm with offices in Portland and Hillsboro, where its attorneys deliver high-quality legal services to mesothelioma victims. The firm is familiar with state and federal laws regarding asbestos exposure and assists clients navigate through the system. It focuses on delivering legal services targeted to determining the full extent of damages and fighting to secure compensation for clients that fully compensate them for these damages. They will explore all legal options that can fulfill the client’s needs.