West Virginia Mesothelioma Lawyer - Reaud, Morgan, & Quinn L.L.P. | Lawyers | Call 800-765-5801 (2024)

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With no known deposits of naturally occurring deposits, most cases of mesothelioma in West Virginia are due to occupational exposure. Two major contributors to the West Virginia economy were the logging and coal mining industries where asbestos use was once prevalent. 53 out of the 55 counties in West Virginia have active coal mines. Mines may contain asbestos-contaminated coal. Additionally, mining equipment commonly contained asbestos, including in pipe insulation, brake linings, transit panels and welding blankets. Some of the counties associated with the highest rates of mesothelioma deaths in West Virginia were home to some of the most active coal mines in the state.

Another industry commonly associated with asbestos use and exposure is power plants. There are 36 power plant facilities in the state, many of which used asbestos to insulate machinery that operates at high temperatures. Some power plants operated off of coal power. Workers who crushed, ground, cut or handled asbestos-contaminated coal could have inhaled or ingested dangerous asbestos fibers. Similarly, refinery workers may have been exposed to asbestos that was often used in refineries to prevent workers from fires.

Other industries that used asbestos in West Virginia included metal working, manufacturing and paper mills. Machinery in these plants was often lined with asbestos. This material was once popular for its ability to prevent workers from heat, chemicals and fire. It was also often used in construction materials like insulation, ceiling tiles, shingles and joint compounds.

West Virginia Mesothelioma Diagnoses

West Virginia ranks 26^th in the nation for the number of mesothelioma diagnoses. Between 1999 and 2015, at least 380 individuals living in West Virginia were diagnosed with mesothelioma. With minimum of 14 per million people annually being diagnosed with mesothelioma, the state has a higher than average mesothelioma diagnosis rate. Hanco*ck and Wood Counties were among the top 50 counties in the country with the highest mesothelioma diagnosis rates between 2000 and 2009. There were 417 West Virginia residents who were diagnosed with asbestosis and another 1,664 who had a non-mesothelioma lung cancer between 1999 and 2013. All forms of lung cancer rates were the highest in the following: Charleston, Clarksburg, Fairmont, Martinsburg, Morgantown, Parkersburg, and Wheeling

If You Are a West Virginia Resident Diagnosed with Mesothelioma

If you or a loved one was recently diagnosed with mesothelioma and were exposed to asbestos at a commercial or residential site in West Virginia, it is important that you take steps to protect your legal rights.

Remember that you have only two years after your diagnosis to file a lawsuit within West Virginia’s statute of limitations. Your mesothelioma lawyer will need time to review your medical records, occupational history and other evidence involved in your claim to identify possible defendants and assess if you have a viable claim. Contact one of our mesothelioma lawyers to protect your legal rights.

West Virginia Asbestos Laws

West Virginia has a series of laws that can affect mesothelioma litigation. These laws include what a plaintiff must prove, when the lawsuit must be brought and limits the amount of damages a plaintiff can receive in a case. Important laws that may impact mesothelioma litigation include the following:

Statute of Limitations

The statute of limitations is the time limit that a claimant has to file a lawsuit. In West Virginia, this time limit is two years for personal injury cases and wrongful death cases. This means that a person has two years from the date he or she is diagnosed with mesothelioma or another asbestos-related condition to file a lawsuit. If the disease resulted in the victim’s death, the surviving family has two years from the date of death to file a lawsuit.

Court Exposure Standard

Many asbestos cases are brought on the state level. Each state establishes a different standard that claimants must meet for various cases, including asbestos litigation. In West Virginia, mesothelioma plaintiffs must establish that the defendant’s product was a substantial contributing factor in the plaintiff developing mesothelioma. The plaintiff may present evidence about his or her proximity to working around this product and how regularly he or she was exposed to the product.

Creating Asbestos Bankruptcy Trust Claims Transparency Act

This law seeks to prevent asbestos claimants and their lawyers from recovering fraudulent or duplicative awards. Claimants must disclose existing or potential claims that they may make with asbestos bankruptcy trusts at least 120 days before trial against the solvent company. Courts in West Virginia have the discretion to stay the litigation if the plaintiff failed to disclose a potential claim. The defendant also has the right to move to stay the litigation 90 days before trial if the plaintiff failed to disclose a potential pending claim.

Asbestos and Silica Claims Priorities Act

The Asbestos and Silica Claims Priorities Act is a West Virginia law that establishes medical criteria and procedures for asbestos and silica claims. It states that its purpose is to give priority to asbestos and silica claimants who can demonstrate actual physical impairment caused by exposure to asbestos or silica, to enhance the ability of the courts to supervise and manage asbestos and silica cases, to reduce the opportunity for fraud in asbestos and silica litigation and to conserve the defendant’s resources to allow compensation to present and future claimants with physical impairment caused by exposure to asbestos or silica. The law prohibits the consolidation of cases for trial except those relating to the exposed individual and members of his or her household. It also prohibits class actions or for any award of damages for fear of increased risk of future disease.

The law 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. §1910 at the time an asbestos action is filed.”

The law establishes certain medical criteria that a person must meet if he or she alleges a nonmalignant condition. The individual must have prima facie evidence that he or she has a physical impairment for which asbestos exposure was a substantial contributing factor. He or she must file this evidence within 90 days of filing a complaint. The evidence must include a detailed narrative medical report that a qualified physician signs. Supporting test results must also be included.

Cap on Punitive Damages

West Virginia caps the amount of punitive damages that a plaintiff can receive. Punitive damages are not directly tied to the plaintiff’s injuries. Instead, they are intended to punish the defendant for particularly egregious conduct and to prevent further action in the future. In West Virginia, punitive damages are capped at the greater of $500,000 or four times the plaintiff’s compensatory damages. Compensatory damages are damages that make up a person’s actual damages, such as medical expenses and lost expenses.

West Virginia State Asbestos Regulatory Agencies and Regulations

The West Virginia Division of Air Quality and the West Virginia Office of Environmental Health Services Asbestos program are the two primary regulatory agencies in West Virginia that regulate and enforce asbestos regulations.

According to West Virginia law, contractors must complete a thorough investigation of a building or an affected part of it to determine if there is any asbestos-containing material before demolishing or renovating the building. The investigator must be certified in West Virginia. If asbestos is found, the contractor must notify the Department of Air Quality at least 10 working days before demolition or disturbing the asbestos.

The asbestos materials must be carefully removed per West Virginia regulations, including wetting procedures. Waste must be properly labeled and disposed of at an approved asbestos disposed. Individuals who do not follow these regulations can lose their license and may face significant mines.

West Virginia Asbestos Site Exposure List

Some of the sites in West Virginia associated with possible asbestos exposure include the following:

• Consolidation Coal Company – Fairmont
• Ben Franklin Coal Company – Moundsville
• West Virginia Southern Coal Co. – Raleigh County
• Putnam Coal Mines – Raymond City
• Dominion Virginia Power – Parkersburg
• Allegheny Energy Supply – Maidsville
• Monongahela Power Company – Fairmont
• Appalachian Power Company – Beckley
• Elkem Materials/ Elkem Metals Inc. – Alloy
• Fort Martin Power Plant – Morgantown
• Albright Power Station – Albright
• Centurial Products – Clarksburg
• Fourco Glass – Clarksburg
• Ergon – Newell
• Gordon Gasket and Packaging Company – Charleston
• P&H MinePro Services Appalachia – St. Albans
• UB West Virginia, Inc. – Nitro
• Vimasco Corporation – Nitro
• Weirton Steel – Weirton
• Wheeling Pittsburgh Steel – Wheeling
• West Virginia Electric Supply – Bradley
• Lizemore Elementary School – Clay County
• Fike Chemical Inc. – Nitro
• West Virginia Ordinance – Point Pleasant

West Virginia Asbestos Trusts

Many asbestos companies faced significant liability when the connection between mesothelioma and their products was recognized. As a result, hundreds or thousands of claimants sued many of these companies, which forced many of them into bankruptcy. Some of these companies later established asbestos bankruptcy trusts that were responsible for handling claims based on this liability. When an asbestos trust is available, a claimant may be able to receive compensation from it without having to go through the entire process of litigation.

In West Virginia, there is one asbestos trust formed by A&I Corporation. This company was located in West Virginia and exposed its workers to asbestos. The company filed bankruptcy in 1999 and established the A&I Corporation Asbestos Bodily Injury Trust in 2005 with estimated funds of $13 million. Kanawha County rules govern the scheduled payments of this trust. A West Virginia mesothelioma lawyer can explain whether you may have a claim against this trust or another trust.

West Virginia Mesothelioma and Asbestos Lawsuits

West Virginia has seen its fair share of lawsuits involving asbestos exposure. Reports from public media involving involving West Virginia residents include following verdicts ranging from $600,000 up to a possible $298 million:

• Up to $298 million – A West Virginia jury found Dow Chemical Company’s Union Carbide liable for over 2,000 plaintiff and wrongful death claims in 2002. The company reported having $298 million in insurance coverage for these claims and others. The jury found the company should compensate victims for injuries caused by asbestos exposure that occurred between 1945 and 1980. Further hearings were held to determine damages in some cases. Many of them settled for undisclosed amounts.
• $6.2 million – A West Virginia jury awarded $6.4 million in 2002 to the family of a man who died in 2000 from mesothelioma after being exposed to asbestos fibers in his father’s work clothes. The verdict was against DuPont chemical where the father had installed asbestos insulation from the 1940s to the 1970s.
• $4.57 million – A 65-year-old boilermaker who worked in power stations and chemical plants in Charleston, West Virginia was awarded $4.57 million.
• $4.203 million – A former power station and chemical plant worker who worked in West Virginia and Pennsylvania recovered $4.203 million.
• $4.2 million – A shipbuilder diagnosed with mesothelioma received an award of $4.2 million against Union Carbide.
• $600,000 – The surviving spouse of a DuPont laborer and mechanic was awarded $600,000 in 2002 after her husband died from mesothelioma. He had worked at the Belle plant for over 30 years.

West Virginia Mesothelioma Law Firms

Attorneys in West Virginia that may become co-counsel that take on mesothelioma cases include:

A law firm that has litigated personal injury cases in West Virginia for several decades. The firm has represented individuals who are injured due to the negligence of others. The firm’s mesothelioma attorneys are experienced and will work to preserve evidence in the case soon after being retained. They can also link mesothelioma victims to the experts they need in their case.

A law firm that has one of the highest asbestos verdicts in West Virginia. It is located in Charleston, West Virginia and focuses exclusively on personal injury cases. The firm works one-on-one with clients and has vast knowledge of asbestos and potential sources of mesothelioma.

A law firm that has represented injured workers and others in West Virginia for decades. The firm focuses exclusively on personal injury cases, including class action and complex litigation. The firm has also had success representing victims injured in other accidents.

A law firm that has offices in Pennsylvania and in West Virginia. It has helped injured West Virginia residents for many years, including victims of mesothelioma and other personal injuries. The firm has a dedicated support staff of professionals who assist the firm’s personal injury attorneys. The firm brings its extensive experience and breadth of knowledge to every case.