Asbestos Litigation: At what price?

Asbestos litigation is important business. Many people have become seriously ill and died as a result of asbestos exposure. Many of these people have sought compensation for themselves and their families in court. However, is the way in which the courts hear asbestos cases fair?

In the past few years Congress has been considering funding a trust fund that would allow people who become sick with mesothelioma or other asbestos related diseases to get money quickly without going to court. The proposed law was called the Fairness in Asbestos Injury Resolution Act. It never became law.

Many parties agree that something has to be done. Patients and their families are struggling with the high costs of medical bills and services that become necessary when there is a mesothelioma diagnosis. Most of the time, the courts do not work fast enough to provide money to patients that urgently need it.

However, some lawyers are critical of the trust fund idea and say that it protects companies who are at fault. They are also fearful that the trust fund would not help all of the people who have become ill or died as a result of asbestos exposure.

On the local level some state and county courts have initiated their own reforms. The Madison County Circuit Court in Missouri has created a deferred docket. That means in asbestos related cases, plaintiffs who are already ill will get their cases heard before other plaintiffs who might become ill.

Mesothelioma is an aggressive and most often fatal cancer. Many patients who chose to sue their former employers do not have a long time to live and very much want their day in court. They want to make sure their families are provided for before they die.

However, is it fair to move their cases ahead of others? Is a trust fund a better idea? Are the courts working efficiently? Is reform needed? We’d love to hear your thoughts on this matter. Please leave a comment and let us know what you think.