Multiple Lawsuits Allowed for Separate Asbestos-Related Diseases

March 19, 2011

People with repeated exposure to asbestos are at risk for serious health problems, including lung cancer and mesothelioma. In New Jersey, a "two-disease" state, someone who develops an asbestos-related disease and files a personal injury lawsuit also may file a second lawsuit if he or she later develops another, separate asbestos-related disease.

Product Liability and Personal-Injury Lawsuits

In general, all makers and suppliers of goods are required to provide products that are reasonably safe and to warn consumers of products' potential dangers. This requirement applies to:
- Manufacturers
- Distributors
- Wholesalers
- Retailers

If a manufacturer or supplier fails to meet its duty to provide safe products and reasonable warnings and someone is injured as a result, the injured person may have a legal claim against the producer or supplier in a personal injury lawsuit.

If the lawsuit is successful, the injured person may receive damages or monetary compensation for:
- Medical expenses
- Loss of past and future wages
- Pain, suffering and emotional distress

Devlin v. Johns-Manville Corporation

In the New Jersey Superior Court case Devlin v. Johns-Manville Corp., workers exposed to asbestos filed a personal injury lawsuit against manufacturers and distributors of asbestos-related products. The workers' lawsuit claimed that the producers and distributors provided products that were unsafe and also did not contain sufficient warning of the dangers of working with asbestos.

The workers in Devlin sought to recover damages for their increased risk of cancer and for their fear of getting cancer, based on their asbestos exposure. But, the court ruled that the workers could not obtain damages for their enhanced risk of developing cancer because they did not provide proof that developing cancer was a "reasonable medical probability," the standard required to obtain damages for prospective or possible future harm in New Jersey.

However, the court said that, while it denied recovery for enhanced risk, it also recognized the workers' right to sue in the future "should the increased risk created by the exposure to asbestos come to fruition." This right is especially important in relation to diseases caused by asbestos exposure since they can take years or even decades to manifest following initial exposure.

Asbestos-Related Diseases

According to the National Cancer Institute of the U.S. National Institutes of Health, when asbestos fibers are breathed in, they often get trapped in the lungs. Eventually the accumulation of asbestos fibers can cause asbestosis, which is scarring and inflammation of the lungs. Asbestosis impairs breathing and can lead to significant health problems.

Asbestos is classified as a known carcinogen or cancer-causing substance, and it is proven that asbestos exposure may increase the risk of mesothelioma and lung cancer. However, according to the NCI, the symptoms of asbestos-related diseases may not become apparent for many decades after asbestos exposure. This is why the ability to file a second lawsuit for a later-developed asbestos-related disease is important.

Separate and Distinct Diseases Rule

In New Jersey personal injury lawsuits, the statute of limitations restricts the amount of time plaintiffs have to file lawsuits after the discovery of their injuries to two years. A major issue in the Devlin case was whether the statute-of-limitations clock started running from the time any asbestos-related disease was discovered or at a later time when a second disease such as lung cancer or mesothelioma became apparent.

The court ruled that the statute of limitations does not begin to run on a "separate, distinct and later-manifested" disease until that disease is discovered. This two-disease rule means that someone who develops asbestosis and files a personal injury lawsuit for their asbestos exposure may file a second lawsuit based on the same asbestos exposure if they later develop another asbestos-related disease.

National Mesothelioma Awareness Day

Mesothelioma is an aggressive and deadly disease. According to the Mesothelioma Applied Research Foundation, about 3,000 Americans are diagnosed with mesothelioma each year.

To raise awareness of the devastating disease, the U.S. Senate and House of Representatives passed resolutions designating September 26 as National Mesothelioma Awareness Day. The Mesothelioma Applied Research Foundation urges people to contact state agencies and local organizations to observe the day with appropriate ceremonies and activities.

Dealing with an asbestos-related disease can be stressful, expensive and time-consuming. If you or a loved one has been diagnosed with asbestosis, lung cancer, mesothelioma or other disease caused by asbestos exposure, contact a lawyer with experience in asbestos cases to help you get the medical care and monetary compensation you deserve.

Article provided by Keefe Bartels, LLC
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