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Iowa has no known natural deposits of asbestos, so all cases of mesothelioma and asbestosis can be attributed to exposure in commercial settings, public buildings or residences. The state’s economy is primarily based on the manufacturing industry, so many mesothelioma lawsuit and trust claims are likely due to exposure to asbestos in this setting. The state has various manufacturing areas, including technology, food, energy production and agricultural manufacturing.
Some areas are associated with a higher risk of asbestos exposure in Iowa than others. For example, Fort Dodge has a higher risk due to the city’s mining and industrial history that involved manufacturing workers and veterans coming in contact with asbestos. Certain occupations also have a higher risk of asbestos exposure than others, including individuals who worked in power plants, shipyards, construction sites, factories and steel mills. Agricultural workers are also at an increased risk of asbestos exposure, which is critical given Iowa’s ranking as second in the country for agricultural production. Farm machinery was commonly used to make asbestos products, such as gaskets or brake materials.
If you were diagnosed with mesothelioma it is important to contact an attorney as soon as possible to protect your legal rights. Contact our law firm today.
Quick Links:
Iowa Asbestos Regulatory Agencies
Iowa Mesothelioma Diagnoses
Iowa Laws Concerning Asbestos
Iowa Statute Of Limitations
Iowa Asbestos Trust Funds
Iowa Mesothelioma Verdicts and Settlements
Iowa Asbestos Exposure Site List
Iowa Mesothelioma Law Firms
Iowa Mesothelioma Diagnoses
Reports indicate Iowa is ranked 28th in the country in terms of the number of mesothelioma and asbestosis diagnoses. The state has a mesothelioma incidence rate of at least 9 people per million annually. A minimum of 432 Iowa residents have been diagnosed with mesothelioma between 1999 and 2015. Linn and Polk Counties have the highest number of diagnoses; estimates suggest. More than 114 Indiana residents have been diagnosed with asbestosis and more than 1,588 have been diagnosed from non-mesothelioma lung cancer between 1999 and 2013.
The majority of cases have occurred in the following cities: Des Moines, Cedar Rapids, Iowa City, Sioux City and Waterloo
Iowa Asbestos Laws
Iowa has a series of important laws that can affect personal injury claims stemming from asbestos exposure. These laws determine when a claim must be filed, what the plaintiff must prove and whether a claim can be pursued at all.
Statute of Limitations
The statute of limitations is the time limit by which a lawsuit must be filed in order to prevent it from being time-barred. In Iowa, claimants have two years from the date of diagnosis of mesothelioma or another asbestos-related medical condition to file their lawsuit. Likewise, if a person dies from mesothelioma, the family has two years from the date of death to file the lawsuit.
Court Exposure Standard
Different states have implemented various standards that plaintiffs must meet in order to be considered to have met their burden in asbestos cases. The most popular standard is the Lohrmann test, which requires showing that the exposure to the defendant’s product was a substantial factor in causing mesothelioma or another asbestos-related condition. The Iowa Supreme Court has adopted this standard. The court stated that Lohrmann is not a rigid test and is simply used to analyze whether the substantial factor requirement is met. The court uses a fact-specific approach, which involves looking at the interrelationship between the use of the defendant’s product and the activities the plaintiff performed related to that product. This fact-specific approach may also consider the physical characteristics of the workplace and the activities of the plaintiff and others related to the product. During this approach, the court must evaluate the nature of the product, the frequency of using the product, the proximity in distance and time of a plaintiff to using the product and the regularity of the plaintiff’s exposure to the product.
Iowa Asbestos Bankruptcy Trust Claims Transparency Act
The Asbestos Bankruptcy Trust Claims Transparency Act was recently enacted by the Iowa legislature. It was passed in recognition of the fact that companies may be adversely affected due to plaintiffs being able to receive compensation from both pursuing a claim against a bankruptcy trust as well as by filing a lawsuit in the tort system. Under the Act, a plaintiff who is seeking damages for harm caused by asbestos exposure is required to identify and file claims for any trust that he or she qualifies for within 90 days of filing the lawsuit. He or she must provide a worn statement that confirms he or she has investigated the eligibility for these trusts and made the claims, if any. Defendants are allowed to seek discovery from the trust.
If the plaintiff receives money from the trust, the defendant is entitled to a setoff or credit. If the claim is based on a third-party product, the law limits the defendant’s exposure and finds that a defendant shall not be liable for exposure from a product or component part made or sold by a third party.
For nonmalignant claims, plaintiffs must provide prima facie evidence that he or she has a physical impairment for which asbestos exposure was a substantial contributing factor. The plaintiff must also provide a detailed narrative medical report sworn to by a qualified physician.
The act defines also defines asbestos as “chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, and any of these minerals that have been chemically treated or altered, including all minerals defined as asbestos in 29 C.F.R. pt.1910, at the time the asbestos action is filed.”
Iowa State Asbestos Regulatory Agency
The Iowa Department of Natural Resources issues permits necessary to remove asbestos and implements safety guidelines related to asbestos. It also worked with the EPA to formulate an emergency asbestos abatement plan to use in the event of a catastrophic disaster that results in asbestos exposure.
The Iowa Occupational Safety and Health Administration works closely with the federal agency regarding asbestos exposure in the workplace. It helps implement guidelines related to the proper cleanup of friable asbestos materials and proper handling of asbestos.
Iowa Asbestos Site Exposure List
Many buildings and worksites throughout Iowa have been linked to asbestos exposure. Some of these include:
- Cedar Falls Powerhouse – Cedar Falls
- Iowa Light & Power – Cedar Rapids
- Prairie Creek Powerhouse – Cedar Rapids
- 6th Street Powerhouse – Cedar Rapids
- Duane Arnold Alliant Energy – Cedar Rapids
- Hawkeye Chemical Plant – Clinton
- Clinton Corn Plant – Clinton
- Beaver Channel Powerhouse – Clinton
- Interstate Power Plant – Clinton
- Iowa Power Plant – Des Moines
- Goodyear Tire & Rubber – Des Moines
- Firestone Tire & Rubber Plant – Des Moines
- Northwestern Bell – Des Moines
- Mid-American Energy Company – Des Moines
- Sioux City Coal and Gas – Des Moines
- John Deere – Dubuque
- United States Gypsum Company – Fort Dodge
- Georgia-Pacific Corporation – Fort Dodge
- National Gypsum Company – Fort Dodge
- United States Naval Reserve Aviation Base – Ottumwa
- Iowa Public Service – Sioux City
- Sioux City Brick & Tile Company – Sioux City
- John Deere Powerhouse – Waterloo
- Dupont Chemical – West Point
Iowa Asbestos Trusts
Asbestos exposure has led to many companies being sued by hundreds or thousands of plaintiffs. In some situations, this resulted in the company declaring bankruptcy when facing daunting liability. Some companies established special bankruptcy trusts so that they could process claims stemming from their liability in these types of cases. These trusts have over $30 billion to pay out to claimants for whose injuries they are responsible. When making a claim to a trust, the plaintiff does not have to go through all of the hurdles of asbestos litigation. There are not any companies that are headquartered in Iowa or that have trusts administered in the state. However, an Iowa mesothelioma lawyer can explain whether there are trusts that may have funds to pay claimants. Many of the companies that have these trusts are companies with a national presence.
Iowa Asbestos Verdicts and Settlements
Iowa has been home to some notable asbestos verdicts and settlements after product manufacturers and employers were found legally responsible for plaintiffs developing mesothelioma and other asbestos-related conditions. Even though many mesothelioma verdicts and settlements have been reported to be in the millions of dollars in Iowa, it is not considered a popular forum for plaintiffs. Most cases do not get all of the way to verdict in Iowa. In 2008, an Iowa jury found an asbestos manufacturer was not at fault in the death of a Navy veteran. It was the only asbestos case that made it to verdict since 1998.
In another case, the jury awarded over $4 million to a victim. However, the Iowa Supreme Court held that the verdict was partially based on the plaintiff’s attorney who wrongly pleaded with the jury to punish the defendant and the attorney’s disregard for rulings about excluding evidence about how much a defendant spent on defending asbestos actions required the case to be retried. The plaintiff lived in Clarion. The jury ordered the defendant to pay $4 million in compensatory damages and $2.5 million in punitive damages after finding that the man was exposed to asbestos when installing, repairing and ripping out equipment, including boilers made by the defendant Weil-McLain. The jury found it and another 11 defendant companies responsible for the man’s mesothelioma, which eventually led to his death.
Settlement figures are often kept confidential as part of the settlement agreement. Some law firms reveal that they have reached sizable settlements with asbestos companies.
Iowa Mesothelioma Lawyers
Many attorneys based in Iowa do not exclusively practice on mesothelioma cases, however, one law firm that may serve as co-counsel is located in Fairfield, Iowa and serves clients in Mt. Pleasant, Iowa City, Ottumwa, Knoxville, Oskaloosa, Fort Madison, Bloomfield, Keokuk, Richland, Burlington and Columbus Junction. The firm was founded in 1985. The founding partner can relate to many mesothelioma victims given his agricultural roots in the Midwest. The firm has recovered millions of dollars in compensation for personal injury victims.
