Texas Mesothelioma Lawyer

– Texas Attorneys Helping Individuals Understand the Process of Mesothelioma Litigation –

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Texas Cities Where the Majority of Mesothelioma Diagnoses have Occurred (2010-2014) [1]

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Texas & Asbestos Trust Funds

There is an estimated 32 Billion dollars available in asbestos trust funds. These funds were setup mostly by defendants throughout the United States, who went bankrupt because of asbestos related claims, and as a part of their bankruptcy reorganization, established trust funds to compensate individuals for damages caused by asbestos. In 2015, the state of Texas brought forth legislation to improve transparency and fairness in response to rampant manipulation of dual compensation available for both trust fund claims and lawsuits filed against solvent companies. This Texas Civil Practice and Remedies Code §§ 90.051-.058 was established to require law firms representing those diagnosed with asbestosis and mesothelioma to disclose bankruptcy filings when filing tort lawsuits.

Medical Eligibility Requirements to File a Texas Asbestos Trust Claim (Mesothelioma Lawsuit) [2]

• Mesothelioma –
  • (1) Mesothelioma,
  • (2) product exposure prior to December 31, 1982, and
  • (3) 10-year latency
• Lung Cancer 1 –
  • (1) Primary lung cancer plus underlying Bilateral Asbestos-Related Nonmalignant Disease,
  • (2) six months product exposure prior to December 31, 1982
  • (3) 5-years Significant Occupational Exposure,
  • (4) medical causation statement,
  • (5) 10-year latency
• Lung Cancer 2 –
  • (1) Primary lung cancer plus underlying Bilateral Asbestos-Related Nonmalignant Disease,
  • (2) six months product exposure prior to December 31, 1982,
  • (3) medical causation statement, and
  • (4) 10-year latency
• Other Cancer –
  • (1) Primary colo-rectal, laryngeal, esophageal, pharyngeal, or stomach cancer, plus underlying Bilateral Asbestos-Related Nonmalignant Disease,
  • (2) six months product exposure prior to December 31, 1982,
    (3) 5-years Significant Occupational Exposure,
  • (4) medical causation statement, and
  • (5) 10-year latency

Texas Statute of Limitations for Mesothelioma Lawsuits

One of the issues that must be taken into consideration when filing a mesothelioma lawsuit is that each state has different laws about the time period in which a person must file. Failure to act in time can result in a person forfeiting his or her right to initiate a lawsuit. In the state of Texas, a person must pursue a personal injury claim within two years after a mesothelioma diagnosis, while if a person dies, (wrongful death lawsuit) the claim must be filed within two years of an individual’s death from mesothelioma.

Historic Mesothelioma Verdicts and Settlements in Texas

News reports on some of the asbestos cases that have occurred in Texas and have resulted in significant awards include the following:

• In 2017, a Texas jury awarded a large amount to a family of a mechanical engineer who encountered occupational exposure to asbestos.
• In 2014, the family of a former Goodyear Tire & Rubber Company plant worker was awarded significant compensation in an asbestos lawsuit. A Dallas jury found that the company, Kelly Springfield Tire Co. in Tyler Texas, negligently exposed the worker to the dangerous material on a frequent basis over the course of his 30 year career.
• In 2007, a court awarded considerable compensation to a retired brake mechanic because the court found that the worker was exposed to asbestos on a semi-regular basis.
• In 2001 the Reaud Morgan & Quinn law firm represented 5 workers (2 non-malignancies, 1 other cancer and 2 lung cancers)  against NARCO and Dresser.  The result was a $130,000,0000 Orange County verdict. National Law Journal; Thirteenth largest verdict in the U.S. during that year.
• Raymark Corporation settled an asbestos lawsuit by paying 551 plaintiffs who had been harmed by the material for a hefty sum.
• In the 1973 case of Borel v. Fibreboard Paper Products Corporation, an industrial insulation worker obtained a sizable amount from his employer because the court found that the products manufactured by the company were unreasonably dangerous.

Unique Laws, Rules, and Regulation in Texas Involving Asbestos Lawsuits

Texas is one of the most aggressive states in responding to asbestos cases. Between 1998 to 2000, statistics show Texas was the state with the highest number of asbestos related claims. Some important and notable laws and regulations in Texas include the following:

• Borg-Warner :In the 2007 case of Borg-Warner Corporation v. Flores, the Texas Supreme Court held that a plaintiff is required to demonstrate that asbestos contained in a defendant’s product was a substantial factor in the plaintiff’s disease. A plaintiff is also required to present specific evidence concerning the exact dose of asbestos to which a person was exposed. After this opinion, several courts including Georgia-Pacific Corporation v. Stephens and Smith v. Kelly-Moore Paint Company upheld this Flores standard. In 2014, the Texas Supreme Court issued its opinion in the case of Georgia-Pacific Corporation v. Bostic, which held that courts should consider whether asbestos exposure is a “substantial factor” in a person’s medical condition in comparison to other sources of exposure.
• Case Scheduling: The state of Texas authorizes trial courts to give preference in scheduling hearings and trials to parties with a mesothelioma diagnosis as well as other particularly serious types of asbestos-related conditions.
• Joinder of Claimants: Some state courts have created laws that allow the joinder of unrelated claims for trial so that matters can proceed more quickly. The state of Texas, however, avoids linking unrelated claims and instead requires all involved parties to consent to joinder of multiple parties in a single trial.
• Medical Requirements. The state of Texas limits claims by parties who do not yet have any signs of physical impairments. Law requires parties to instead satisfy certain medical criteria before they can proceed with an asbestos lawsuit. Inability to satisfy these requirements often results in a person’s case becoming dismissed.
• Successor Liability. In the state of Texas, courts limit the liability of a company that either buy or merge with a company who was responsible for asbestos that impacted workers.
• Setoffs. Texas is one of the states in addition to New York and West Virginia that may allow setoffs for trust payments. This involves claimants that have already received trust payments. Any defendant they sue afterward may deduct the amount of that payment from a court award.

Texas Asbestos Exposure Site List

Prolonged or frequent exposure asbestos can result in serious health complications. If you are a worker who has lived or worked in Texas refineries, factories, shipyards, or construction for a significant amount of time, there is a higher possibility that you were exposed to asbestos either at home or in the workplace. Statistics reveal that from 1999 to 2015, 2,191 residents in Texas died from mesothelioma. Orange and Jefferson counties experience higher mesothelioma fatalities than other parts of Texas. One of the reasons why the use of asbestos in Texas is so deadly is that a large number of industries in the state have used the material. Some of the industries in Texas that use asbestos include:

• Chemical plants like Dow Chemical, Nalco Chemical Plants, and Phillips Chemical Company have used asbestos as part of their manufacturing process. These companies either used asbestos for construction purposes, in equipment, or sometimes even as part of protective clothing.
• Oil refineries located in Dallas, Houston, and other cities in the area. This is a large industry in the state of Texas, which means that hundreds of employees end up being exposed to asbestos.
• Manufacturing plants in Texas create many products which have used asbestos and thus jeopardize the health of workers. Sometimes, buildings even contain asbestos, which can harm workers.
• Shipbuilding has been a significant industry in Texas for many years. Hundreds of workers in shipyards like Consolidated Steel Orange Shipyard in Orange, Texas as well as Brown Shipbuilding, Houston, Texas have been exposed to asbestos.

ALVIN, TX — MONSANTO CHEMICAL COMPANY
AMARILLO, TX — VETERANS ADMINISTRATION, CLINICAL BUILDING
AUSTIN, TX — CITY OF AUSTIN, WATER TREATMENT PLANT
BEAUMONT, TX — DUPONT CHEMICAL PLANT / NEMOURS AND COMPANY
CEDAR BAYOU, TX — HOUSTON LIGHTING & POWER
CHOCOLATE BAYOU, TX — MONSANTO CHEMICAL COMPANY
CORPUS CHRISTI, TX — AMERICAN SMELTING & REFINING
CORPUS CHRISTI, TX — COASTAL IRON WORKS, INCORPORATED, W.S.C.G. RELIANCE
CORPUS CHRISTI, TX — P.P.G. INDUSTRIES, REFINERY, LAWRENCE DRIVE PLANT
DALLAS, TX — AMERICAN AIRLINES, LOVE FIELD
DALLAS, TX — JONES BLAIR PAINT COMPANY
DALLAS, TX — SAM P. WALLACE & COMPANY, 400 TOWER PETROLEUM BUILDING
DEER PARK, TX — DIAMOND SHAMROCK, DEER PARK PLANT
DEER PARK, TX — SHELL OIL COMPANY / SHELL CHEMICAL, HARRIS COUNTY
DENVER CITY, TX — SHELL PIPE LINE CORPORATION
FREEPORT, TX — BASF CORPORATION
FREEPORT, TX — DOW CHEMICAL COMPANY
FREEPORT, TX — DOW MAGNESIUM PLANT
GRAND PRAIRE, TX — L.T.V., POWER HOUSE
GREGORY, TX — BECHTEL CORPORATION, REYNOLDS METALS SHERWIN PLANT
GREGORY, TX — REYNOLDS METALS COMPANY, SHERWIN PLANT
HLLLSBORO, TX — K. & M. COMPANY

Asbestos in the Texas Construction Industry

Construction workers are another group that is particularly at risk for dangers caused by asbestos exposure. Between the early 1920s and the late 1980s, many buildings contained asbestos in their walls, floors, insulation, and other areas. Starting in the 1970s, the government created regulations to protect construction workers from the various health risks associated with materials that contain asbestos.

Without adequate asbestos protection, construction workers are at risk of coming into contact with asbestos during not just original building construction, but also during subsequent maintenance. The Occupational Safety and Health Administration (OSHA) has established various rules regarding construction sites to prevent workers from being seriously harmed due to asbestos exposure.

While construction sites that contain asbestos should be monitored on a daily basis, companies often fail to follow important safety requirements. Regulations also require workers in areas that contain asbestos to obtain special training concerning the dangers of asbestos and which precautions should be taken.

Some of the construction workers that are at particular risk of being exposed to asbestos include

• brickmasons
• carpenters
• drywall installers
• electricians
• insulators
• laborers

Secondary Asbestos Exposure in Texas

Primary exposure to asbestos occurs among individuals who work with asbestos, but secondary exposure also exists and can seriously harm children and spouses of those workers. One of the most common ways in which secondary exposure occurs is when workers unknowingly bring home asbestos fibers on their clothes, shoes, or tools. The rough texture of asbestos makes it easy for the fibers to stick to a person’s clothing, hair, and skin. Some of the most common ways that asbestos fibers are carried home by workers include on contaminated clothing, fibers that become stuck in the furniture of a person’s home, and hugging family members while carrying contaminated clothing and other objects. In addition to these secondary exposure risks, there is also the possibility that a person’s home might contain asbestos.

In 1897, one of the first physicians who warned about the dangers of asbestos also warned that family members of workers also became sick after asbestos exposure. Today, employers are required to provide workers with facilities to change out of potentially contaminated clothing before returning home. Employers are also required to use special laundering services to make sure that contaminated clothing is adequately cleaned.

Obtain the Services of a Knowledgeable Mesothelioma Lawyer

The Texas mesothelioma lawyers of Reaud, Morgan & Quinn have been representing workers diagnosed with mesothelioma and surviving family members for over 30 years. If you or a loved one has been impacted by exposure to asbestos, do not hesitate to contact our law firm today for assistance.

Cities with Asbestos Exposure and Mesothelioma Diagnoses Continued

(1)The official federal statistics on cancer incidence and deaths, produced by the Centers for Disease Control and Prevention (CDC) and the National Cancer Institute (NCI). * Mesothelioma and Asbestos Statistics based on 4% of Lung Cancer Cases.
(2)Armstrong World Industries, Inc. Asbestos Personal Injury Settlement Trust Distribution Procedures, pg. 11-12