Asbestos Class Action Lawsuits

What Is a Class Action Lawsuit?

A class action lawsuit is a joint claim filed by one plaintiff on behalf of numerous people with the same or similar injuries or diseases. The connected victims file a claim against the same defendant or defendants. The plaintiffs are represented throughout the legal process by one or multiple people from the group. Therefore, the court does not hear each plaintiff’s case but rather one case representing all the victims.

Class action suits are an attempt to streamline the judicial process in order to save time and money. Courts must determine that there are enough similarities between the victims’ cases and separate lawsuits would be inconsequential.

Class action mesothelioma lawsuits were common during the 20th century. Mesothelioma cancer is a rare disease caused by asbestos exposure. It primarily affected men who worked in specific trades, such as construction, insulation, and military service aboard Navy ships.

The dangers of asbestos were made public late in the 20th century, but many of the companies responsible for their asbestos exposure knew of the dangers decades before the public knew. People affected can file claims for mesothelioma compensation.

Mesothelioma legal claims are no longer filed as class actions in part because these cases are often unique, and the compensation amounts vary significantly.

Class Actions vs. Mass Torts

Class actions and mass torts are similar. Both involve groups of plaintiffs collaborating for some or all of the case process. The main difference between the two is mass torts treat each plaintiff’s case individually, meaning the victims must prove their case individually to the court, while class actions examine the cases as a collective unit. Mass tort compensation is also treated individually for each case.

Class actions usually involve a lot of people – dozens, hundreds or even thousands – while mass torts involve a much smaller number. Mesothelioma attorneys can further explain the difference.

Why Not to File a Mesothelioma Class Action Lawsuit

Class action lawsuits are no longer the best approach for mesothelioma victims due to a number of reasons. For starters, most people have a unique asbestos exposure history, meaning their exposure to asbestos products is different from other people’s exposure. There are few instances where there are enough similarities to make a class action sensible for asbestos victims.

As an example, according to KCIC, there were 3,550 asbestos legal claims filed in 2022 and 3,819 filed in 2021. In 2019, there were 4,141, the most in the past five years. Nearly all of those cases are unique due to the specifics of each victim’s asbestos exposure and the responsible companies. Combining all or even half of them into one class action would not make sense.

Another reason class actions don’t work is that there are multiple asbestos companies identified as responsible for the victims’ exposure in most cases. Even if one company matches among various cases, it’s unlikely all the companies will align.

Drawbacks of Mesothelioma Class Actions

If you have any questions about your case and the best approach, connect with Mesothelioma Guide’s team. An experienced mesothelioma lawyer can help you go through the legal steps.

What Happened to Mesothelioma Class Actions?

Mesothelioma class action lawsuits were intended to combine numerous cases of asbestos victims to gather large amounts of data and hold groups of asbestos companies accountable. However, the efforts were not as successful as planned.

The first notable case was Georgine v. Amchem Products, Inc., in 1994. The Court of Appeals for the Third Circuit found that the class could not adequately meet Federal Rule of Civil Procedure requirements because all asbestos cases are unique.

The Supreme Court of the United States affirmed the Court of Appeals for the Third Circuit’s decision in 1997 in a case called Amchem Products Inc. v. Windsor. This decision from the Supreme Court ended the opportunity for future asbestos class actions.

Personal Injury and Wrongful Death Cases for Mesothelioma

Rather than filing class actions, people diagnosed with mesothelioma usually pursue a personal injury lawsuit. These cases are filed by people who have been directly affected by asbestos manufacturing companies and have a mesothelioma diagnosis.

If the person with mesothelioma cancer has passed away, then their surviving loved ones can file for wrongful death lawsuit. These cases can also lead to lawsuits or asbestos trust fund claims, depending on whether the responsible company is active or bankrupt. They conclude with a mesothelioma settlement or verdict, just like any other type of lawsuit.

Filing a Mesothelioma Claim

Mesothelioma victims can receive compensation through individual asbestos lawsuits, which are uniquely developed and personalized. Finding an experienced lawyer who understands the complex medical and legal aspects of a mesothelioma lawsuit is the first step in seeking compensation.

If you or a family member has been diagnosed with mesothelioma, connect with our team of patient advocates. They can connect you with legal experts who can evaluate your case for free and explain all of your options.