| Asbestos is a naturally-occuring fibrous | | | | |
| mineral of metamorpic hydrous magnesium | | | | Asbestos use peaked in the United States in |
| silicate. The term "metamorphic" is used to | | | | 1973, when 1 million tons of the material |
| describe a process of extreme heat and | | | | were used. The EPA attempted to institute a |
| pressure which creates specific secondary | | | | complete legal ban on the use of asbestos |
| patterns of minerals with new chemical and/or | | | | products in 1989; however, this ban was |
| physical properties. As the primary rock is | | | | largely eviscerated by the US 5th Circuit |
| heated and recooled, silicate crystals align | | | | Court of Appeals in 1991, and some restricted |
| in long rows of mineral fibers, which easily | | | | use of asbestos, albeit in fewer products |
| separate into tiny shards thinner than a | | | | than than before, resumed. Therefor, even |
| human hair. Asbestos fibers are not a health | | | | today some workers are being exposed to this |
| risk as long as they are undisturbed. | | | | toxic material. |
| However, when asbestos is undergoes natural | | | | |
| weathering, or is mined and processed, the | | | | Asbestos is a serious continuing concern to |
| microscopic particles waft into the air and | | | | the Environmental Protection Agency, and |
| cause disease if they are inhaled. | | | | their website has detailed information on |
| | | | asbestos and its removal. |
| Asbestosis occurs when an inhaled asbestos | | | | |
| particle irritates the body's natural defence | | | | Concerns about the health risks of asbestos |
| mechanisms, causing inflammation and scarring | | | | exposure date back to 1898, when the Chief |
| which eventually restricts lung function. | | | | Inspector of Factories of the United Kingdom |
| Mesothelioma is a malignant tumor of the | | | | reported to Parliament in his Annual Report |
| membranes surrounding the heart, lungs and | | | | about the "evil effects of asbestos dust". He |
| abdominal cavity. Asbestos can also cause | | | | noted that the "sharp, glass like nature of |
| cancer of the mouth, throat, esophagus, | | | | the particles" when allowed to remain |
| larynx, stomach, lung and lymphoid tissue. | | | | suspended in the air, "have been found to be |
| | | | injurious, as might have been expected". In |
| Asbestos exposure can also cause non-fatal | | | | 1906 a British Parliamentary Commission |
| illnesses such as asbestos warts, caused when | | | | confirmed the first cases of asbestos-related |
| asbestos fibers are lodged in the skin, | | | | deaths in Bristish factories and called for |
| causing lumps of scar tissue to form around | | | | improved ventilation and other safety |
| the irritant in the same manner as they do in | | | | measures. In 1918 an American insurance |
| the lungs to cause asbestosis; pleural | | | | company produced a study showing premature |
| plaques, discrete, sometimes calcified | | | | deaths in the asbestos industry in the United |
| fibrous lesions which can be seen on X-rays | | | | States and in 1926 the Massachusetts |
| but are too small to cause breathing | | | | Industrial Accidents Board processed the |
| impairment; and diffuse pleural thickening, | | | | first successful compensation claim by a sick |
| which can cause breathing impairment if it is | | | | asbestos worker. |
| extensive. | | | | |
| | | | Today, lawsuits claiming compensation for |
| Due to its fire resistant properties, | | | | asbestos-related illnesses are a growth |
| asbestos has been used historically for | | | | industry in the legal profession. An internet |
| household and industrial purposes. It has | | | | search of "mesothelioma lawyer" yields |
| been found woven into burial cloths in | | | | 1,910,000 results. The original manufacturers |
| ancient Egypt, and Charlemagne reportedly had | | | | of asbestos products have long since been |
| a tablecloth made of asbestos which he would | | | | driven into Chapter 11 bankruptcy; plaintiffs |
| throw into a fire to clean. | | | | have now turned to suing corporations with |
| | | | peripheral connections to asbestos products. |
| In World War II asbestos was considered so | | | | More than 70 American corporations have filed |
| important by the War Department that it was | | | | Chapter 11 bankruptcy in due to asbestos |
| considered a strategic material, and many | | | | liability claims. |
| American workers were exposed in the World | | | | |
| War II boom in shipbuilding. After the war, | | | | Since the 1970's, approximateley 6% of all |
| it was widely used in the construction | | | | lawsuits filed in American courts have been |
| industry. | | | | asbestos-related. The lawsuits now facing the |
| | | | courts have been described as "an elephantine |
| In modern Western society, it was used for | | | | mass" by the US Supreme Court, and are |
| such diverse purposes as lamp wicks, brake | | | | expected to cost between 200 to 275 billion |
| shoes, oven insulation, electrical hotplate | | | | dollars to settle. Asbestos liability is one |
| wiring and home insulation, roofing and | | | | of the largest issues facing the global |
| flooring. For instance, some kinds of | | | | insurance industry today. |
| vermiculite used in home insulation into the | | | | |
| 1970s contained asbestos. The EPA banned this | | | | Most epidemiological studies expected the |
| product in 1977. | | | | number of lawsuits to peak in the 1990s, but |
| | | | this has not occurred, either because of the |
| When a home owner discovers asbestos in an | | | | long latency period of asbestos-related |
| old home, it should not be a cause for | | | | diseases, or because legal action is becoming |
| immediate panic. If the asbestos looks intact | | | | more popular among asbestos-exposed members |
| and is not pulverized, it is best to leave it | | | | of the public due to high-profile legal cases |
| alone. However, because of legal liability, | | | | and widespread advertising by attorneys who |
| schools and businesses containing asbestos | | | | specialize in such cases. |
| usually must undergo a costly removal | | | | |
| process, hazardous in itself because | | | | Many complaints have been made by |
| disturbing the stable asbestos product causes | | | | representatives of industries facing lawsuits |
| fibers to fill the air. Special equipment | | | | and the insurance companies who will be |
| must be used to insure that the removal | | | | expected to pay them that the |
| process does not cause health problems where | | | | asbestos-lawsuit industry is rife with fraud, |
| non existed before. | | | | with less that half of all payouts reaching |
| | | | the plaintiffs. Aggressive, ambulance-chasing |
| Most industrialized nations have reduced or | | | | lawyers are said to exaggerate medical |
| banned the use of asbestos for at least 30 | | | | disability and coach clients on their |
| years and now use fiberglass or woven ceramic | | | | testimony. |
| fiber as a substitute, but since | | | | |
| asbestos-caused disease has a latency period | | | | The group of plaintiffs includes not only ill |
| of up to 50 years, patients are still | | | | people, but also those who have merely have a |
| presenting with these illness today. Every | | | | history of asbestos exposure and want |
| year in America, approximately 3000 new cases | | | | compensation for potential future health |
| of mesothelioma are diagnosed, and 550 deaths | | | | risks. According to the American Academy of |
| occurs due to asbestosis. According to the | | | | Acturaries Mass Tort Work Group, more than |
| March 1991 Report of the Judicial Conference | | | | 100 million Americans have been exposed to |
| Ad Hoc Committee on Asbestos Litigation, | | | | asbestos in their workplace during the past |
| asbestos exposure has caused the deaths of | | | | century. |
| approximately 200,000 to 265,000 Americans. | | | | |