{"id":2004,"date":"2018-07-18T20:50:45","date_gmt":"2018-07-18T20:50:45","guid":{"rendered":"https:\/\/mesotheliomacommunity.com\/?p=728"},"modified":"2018-07-18T20:50:45","modified_gmt":"2018-07-18T20:50:45","slug":"mesothelioma-class-action-lawsuit","status":"publish","type":"post","link":"https:\/\/imedicalsociety.org\/mesothelioma-class-action-lawsuit\/","title":{"rendered":"Mesothelioma Class Action Lawsuit"},"content":{"rendered":"<h2 class=\"p1\" id=\"mcetoc_1e6b5tpft0\"><strong>Mesothelioma Class Action Lawsuit<\/strong><\/h2>\n<p class=\"p2\"><span class=\"s2\">Although class actions related to mesothelioma are now less frequent, but they are still an option (<a href=\"https:\/\/digitalcommons.law.yale.edu\/cgi\/viewcontent.cgi?article=6190&amp;context=fss_papers\" target=\"_blank\" rel=\"noopener noreferrer\">Source<\/a>). So what is a mesothelioma class action lawsuit? It is simply a name for the collective legal action (<a href=\"http:\/\/www.paed.uscourts.gov\/documents\/MDL\/MDL875\/MDL%20875%20Overview.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Source<\/a>), when a group of people files for legal action collectively, or an individual files a lawsuit on behalf of the larger group (<a href=\"https:\/\/www.paed.uscourts.gov\/documents2\/mdl\/mdl875\" target=\"_blank\" rel=\"noopener noreferrer\">Source<\/a>), instead of each filing lawsuit individually (<a href=\"https:\/\/www.fjc.gov\/subject\/class-actions\" target=\"_blank\" rel=\"noopener noreferrer\">Source<\/a>). As one can imagine a mesothelioma class-action lawsuit, has its upsides and downsides (<a href=\"https:\/\/www.congress.gov\/congressional-report\/109th-congress\/senate-report\/97\/1\" target=\"_blank\" rel=\"noopener noreferrer\">Source<\/a>).<\/span><\/p>\n<h2 id=\"mcetoc_1e6b9gk1r0\"><strong>Structured Settlements Without A Mesothelioma Class Action Lawsuit<\/strong><\/h2>\n<p><span class=\"s2\">Recent lots of resonance was caused when 22 women won a case against Johnson and Johnson (<a href=\"https:\/\/www.govinfo.gov\/content\/pkg\/USCOURTS-laed-2_18-cv-02922\/pdf\/USCOURTS-laed-2_18-cv-02922-0.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Source<\/a>), and they settled a whopping 4.7 billion USD through a structured settlement (<a href=\"https:\/\/www.bloomberg.com\/news\/articles\/2019-03-27\/johnson-johnson-settles-oklahoma-talc-cancer-case\" target=\"_blank\" rel=\"noopener noreferrer\">Source<\/a>). It is an example of a lawsuit filed by a group of individuals with similar health issues (<a href=\"https:\/\/www.ded.uscourts.gov\/sites\/ded\/files\/opinions\/19-103.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Source<\/a>).<\/span><\/p>\n<figure id=\"attachment_2458\" aria-describedby=\"caption-attachment-2458\" style=\"width: 1873px\" class=\"wp-caption aligncenter\"><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/imedicalsociety.org\/wp-content\/uploads\/2018\/07\/2020-04-19_13-52-48.jpg\" alt=\"\" width=\"1873\" height=\"851\" class=\"wp-image-2458 size-full\" srcset=\"https:\/\/imedicalsociety.org\/wp-content\/uploads\/2018\/07\/2020-04-19_13-52-48.jpg 1873w, https:\/\/imedicalsociety.org\/wp-content\/uploads\/2018\/07\/2020-04-19_13-52-48-300x136.jpg 300w, https:\/\/imedicalsociety.org\/wp-content\/uploads\/2018\/07\/2020-04-19_13-52-48-1024x465.jpg 1024w, https:\/\/imedicalsociety.org\/wp-content\/uploads\/2018\/07\/2020-04-19_13-52-48-768x349.jpg 768w, https:\/\/imedicalsociety.org\/wp-content\/uploads\/2018\/07\/2020-04-19_13-52-48-1536x698.jpg 1536w\" sizes=\"(max-width: 1873px) 100vw, 1873px\" \/><figcaption id=\"caption-attachment-2458\" class=\"wp-caption-text\">RETRIEVING DOCUMENTATION FROM THE PATIENT IN A HOSPITAL.<\/figcaption><\/figure>\n<h2 class=\"p4\" id=\"mcetoc_1e6b64nf13\"><strong><span class=\"s2\">Multidistrict litigation (MDL) 875<\/span><\/strong><\/h2>\n<p class=\"p2\"><span class=\"s2\">A mass tort is one of the commonly used ways to get compensation in case a person has been affected by mesothelioma (<a href=\"https:\/\/law.lclark.edu\/live\/files\/25156-saackreadyforwebsitepdf\" target=\"_blank\" rel=\"noopener noreferrer\">Source<\/a>), and another way of doing it is through multidistrict litigation (MDL) (<a href=\"https:\/\/www.sec.gov\/Archives\/edgar\/data\/1403161\/000138410813000004\/exhibit103123112.htm\" target=\"_blank\" rel=\"noopener noreferrer\">Source<\/a>). <\/span><\/p>\n<p class=\"p2\"><span class=\"s2\">These are special judicial bodies that are established to accelerate the trials, mainly when many people have been affected by a similar kind of condition. MDL is a particular kind of law court that is formed within a specific district and is presided by the one or more justices. They are created to ensure that claims are processed effectively and fast. Every MDL is given a specific identification number. Thus MDL has been assigned number 875 for cases related to <a href=\"https:\/\/imedicalsociety.org\/causes-of-mesothelioma\/\" target=\"_blank\" rel=\"noreferrer noopener\">mesothelioma or other medical conditions caused due to asbestos exposure<\/a>. <\/span><\/p>\n<p class=\"p2\"><span class=\"s2\">Thus any mass tort filing for mesothelioma cases can be done under MDL 875. It was created in 1991, and all lawsuits filed under this number are transferred to the Eastern District of Pennsylvania (EDPA). <\/span><\/p>\n<p class=\"p2\"><span class=\"s2\">Almost close to 200,000 cases have been assigned to EDPA between 2006-2020. As a result, making MDL 875 the most massive and long-lasting MDL in the history of the United States.<\/span><\/p>\n<p class=\"p2\"><span class=\"s2\">Usually, MDL 875 cases are further sub-divided into two categories; one is marine-related and another, is land-based.<\/span><\/p>\n<ul class=\"ul1\">\n<li class=\"li2\"><span class=\"s2\">MARDOC (Marine Docket)- cases are filed under it if a person has been exposed to asbestos while working on ship vessels, and suit can be filed by either the person exposed to asbestos or family members. Marine cases are regarded as a separate group as there are some peculiarities of this group.<\/span><\/li>\n<li class=\"li2\"><span class=\"s2\">Land-based- as the name says, it is for those exposed to asbestos while working in land-based sites like mines, construction sites, and so on. Although there are many similarities between MARDOC and Land-based cases, still few things differ between the groups.<\/span><\/li>\n<\/ul>\n<p class=\"p3\"><span class=\"s2\">Although MDL 875 is one of the proper ways to move forward, but not always. Moreover, some states may have a different kind of setup. Thus New York City has Asbestos Litigation Court (NYCAL), which is often a faster way to get compensation as it has been specifically set up to understand the urgent needs of those critically ill. <\/span><\/p>\n<h2 class=\"p4\" id=\"mcetoc_1e6b804mp4\"><strong><span class=\"s2\">Class Action or Individual Lawsuit?<\/span><\/strong><\/h2>\n<p class=\"p2\"><span class=\"s2\">One always has an option to file a lawsuit as a member of class action, but in some cases, a person may choose to opt-out and instead file the case individually. <\/span><\/p>\n<p class=\"p2\"><span class=\"s2\">The individual lawsuit may be submitted as part of or not part of a mass tort. <\/span><\/p>\n<p class=\"p2\"><span class=\"s2\">Often a person would choose to file a lawsuit as an individual when he or she thinks that his or her case differs much from other cases. <\/span><\/p>\n<p class=\"p2\"><span class=\"s2\">For example, when a person has been exposed to asbestos under certain special conditions like the restructuring of some building or another project.<\/span><\/p>\n<p class=\"p3\"><span class=\"s2\">Filing mesothelioma lawsuits require to know many things. Thus it is best done with the help of an experienced lawyer who had understanding and experience of the subject. There are many minute things to know before filing a lawsuit else things may not go in the right direction or the person may end up getting the compensation that is too little and too late.<\/span><\/p>\n<p class=\"p2\"><span class=\"s2\"><a href=\"https:\/\/imedicalsociety.org\/mesothelioma-cancer-lawyer\/\" target=\"_blank\" rel=\"noreferrer noopener\">Mesothelioma is the cancer<\/a> of the mesothelium. Mesothelium is the thin outer covering of internal organs. Most cases of mesothelioma are caused due to exposure to asbestos. <a href=\"https:\/\/imedicalsociety.org\/asbestos-lung-cancer\/\" target=\"_blank\" rel=\"noreferrer noopener\">Mesothelioma of the lung<\/a> is most common, followed by mesothelioma of abdominal organs. Most people were exposed to asbestos while working in the mining sector, construction or other industry that uses asbestos. Women may also get exposed to asbestos through small particles brought home by clothing.<\/span><\/p>\n<p class=\"p2\"><span class=\"s2\">Asbestos and talcum powder naturally occur near each other. Although, it is now well established that asbestos exposure may lead to mesothelioma, however, whether talcum powder <a href=\"https:\/\/imedicalsociety.org\/leukemia-blood-cancer\/\" target=\"_blank\" rel=\"noreferrer noopener\">causes cancer<\/a> or not is still a subject of discussion in the scientific community. <\/span><\/p>\n<p class=\"p2\"><span class=\"s2\">Older talcum powders were more dangerous as they contained traces of asbestos and thus leading to various <a href=\"https:\/\/imedicalsociety.org\/mesothelioma-cancer-lawyer\/\" target=\"_blank\" rel=\"noreferrer noopener\">cancers including mesothelioma<\/a>. Though newer talcum powders do not have asbestos, still some medical specialists think that talcum powder itself is an independent causative factor for cancer in some cases.<\/span><\/p>\n<p class=\"p2\"><span class=\"s2\">History of class lawsuits goes back to the 1960s, an era when people realized that fighting against large corporations alone is expensive and complicated. However, it is not necessarily the case nowadays. The industry knew before the second world war two that asbestos is related to aggressive kind of cancer called mesothelioma, and yet many in the sector failed to take precautions or warn the society at large.<\/span><\/p>\n<p class=\"p2\"><span class=\"s2\"> By the 1960s it was quite clear that the neglect of safety norms by several sectors is behind the upsurge of mesothelioma, and it is the period when several thousand lawsuits were filed against the large corporations.<\/span><\/p>\n<p class=\"p3\"><span class=\"s2\">Class suits make sense when a large group of people has been hurt by a single cause. In that case, it is easier to file a lawsuit collectively to save the costs. For the judiciary it means lower burden, they look at the case together rather than looking at thousands of cases individually.<\/span><\/p>\n<h2 class=\"p4\" id=\"mcetoc_1e6b61ahc1\"><strong><span class=\"s2\">Understanding class action lawsuits<\/span><\/strong><\/h2>\n<p class=\"p2\"><span class=\"s2\">So class action lawsuit is filing of a civil suit as one case by a group of individuals with similar claims, and such lawsuits have certain advantages:<\/span><\/p>\n<ul class=\"ul1\">\n<li class=\"li2\"><span class=\"s2\">The process is more efficient both for individuals and the legal system. For individuals, it means reduced costs, lesser involvement, and dedication of time, lower stress. For the judiciary, it means one lawsuit instead of hundreds or thousands of very similar kinds of trials.<\/span><\/li>\n<li class=\"li2\"><span class=\"s2\">It lessens the burden on witnesses and experts, especially when facts regarding the suit are well established. Experts do not need to testify hundreds of times for the same kind of case.<\/span><\/li>\n<li class=\"li2\"><span class=\"s2\">Award amounts are generally huge as a defendant if proven wrong or liable is asked to pay compensation to the whole group of individuals.<\/span><\/li>\n<li class=\"li2\"><span class=\"s2\">Class lawsuits make it difficult for large corporations to change facts or use their financial abilities to influence the lawsuit, as for an individual it may be difficult to fight a civil case against the giant industrial corporation.<\/span><\/li>\n<li class=\"li2\"><span class=\"s2\">Class lawsuit verdict often results in the establishment of a standard set of criteria for deciding on similar cases in the future, though that may not be the case in individual lawsuits due to high variance. <\/span><\/li>\n<\/ul>\n<p class=\"p2\"><span class=\"s2\">Thus lawsuits have helped establish beyond doubt that if someone is diagnosed with mesothelioma and has a history of asbestos exposure, then he or she must be compensated for that. Because of class lawsuits, nowadays even an individual pursuant can expect to get faster results.<\/span><\/p>\n<p class=\"p2\"><span class=\"s2\">The class lawsuit has certain drawbacks too, as not all cases are similar. Thus if someone has worked in the industry that used asbestos and is probable to get higher compensation than a person exposed to asbestos in less clear conditions.<\/span><\/p>\n<p class=\"p2\"><span class=\"s2\"> In the class lawsuit, individuals have less control over their personal issues or histories, and thus in a specific situation, one may get better compensation and faster results when such a case is filed as an individual. Moreover, a class lawsuit may slow down the legal process when facts have been well established by earlier class action lawsuits.<\/span><\/p>\n<h2 class=\"p2\" id=\"mcetoc_1e6b634aq2\"><span class=\"s2\"><b>Mass Tort or Class Action<\/b><\/span><\/h2>\n<p class=\"p2\"><span class=\"s2\">Legal terms can be intimidating for most individuals. Though mass tort and class action have many similarities, yet they are legally different terms. They are similar in a way that in both the cases large group makes a similar kind of claims and demands compensations. The suit is filed against the same defendants who may have caused the damages. The case is consolidated as one legal lawsuit.<\/span><\/p>\n<p class=\"p3\"><span class=\"s2\">Nonetheless, there are specific differences between the two terms. In a mass tort, unlike a\u00a0 mesothelioma class action lawsuit, each individual is required to establish the facts specific to the case. Thus let us say that if 30 people are involved in mass tort, then each <a href=\"https:\/\/imedicalsociety.org\/narcissistic-personality-disorder\/\" target=\"_blank\" rel=\"noreferrer noopener\">person would still need to prove that damage to his or her health was caused<\/a> due to exposure to asbestos, and present every fact in detail. <\/span><\/p>\n<p>&nbsp;<\/p>\n<p class=\"p3\"><span class=\"s2\">On the other hand, in class action lawsuit individuals provide less information and such a lawsuit is good when the points are better established, and individuals have gone through a very similar issue like most asbestos mine workers, and so on.<\/span><\/p>\n<h2 class=\"p4\" id=\"mcetoc_1e6b81at95\"><strong><span class=\"s2\">Becoming A Participant of A Class Action<\/span><\/strong><\/h2>\n<p class=\"p2\"><span class=\"s2\">For most people participating in the Class Action, it may be the most simple way to move forward. The majority of those diagnosed with mesothelioma were exposed to asbestos decades back while doing some work activity. <\/span><\/p>\n<p class=\"p2\"><span class=\"s2\">However, there is a specific procedure to follow to become the participant of Class Action. It requires going through the so-called certification process. Once the suit is accepted as a class suit, he would be informed about it.<\/span><\/p>\n<h2 class=\"p4\" id=\"mcetoc_1e6b83grv6\"><strong><span class=\"s2\">Short Historical Background Of Mesothelioma Class Action Lawsuit<\/span><\/strong><\/h2>\n<p class=\"p2\"><span class=\"s2\">Despite understanding that asbestos exposure causes a number of illnesses, and many of the conditions are fatal including mesothelioma use of asbestos continued in various industries. Although, asbestos mining has stopped in the US, and so is its use in most of the consumer goods. Nonetheless, asbestos is still used in certain industries due to its specific physical and chemical properties. <\/span><\/p>\n<p class=\"p2\"><span class=\"s2\">The harm of asbestos was more than apparent to the medical world by 1960s.<\/span><\/p>\n<ul class=\"ul1\">\n<li class=\"li2\"><span class=\"s2\">1960 \u2013 was the year when various large-scale studies put an end to all the doubts, and it was finally accepted in the medical world that asbestos exposure not only leads to chronic disease of <a href=\"https:\/\/imedicalsociety.org\/asbestos-lung-cancer\/\" target=\"_blank\" rel=\"noreferrer noopener\">lungs but also to one of the most dangerous forms of cancers called mesothelioma<\/a>. These finding led to the start of filing of lawsuits against various industries.<\/span><\/li>\n<li class=\"li2\"><span class=\"s2\">1966- The Supreme Court of the US amended Rule 23, to lay the legal basis of Class Action lawsuits.<\/span><\/li>\n<li class=\"li2\"><span class=\"s2\">1982- one of the big corporation involved in producing asbestos based products Johns-Manville Corporation files for bankruptcy as thousands of lawsuits are filed against it. Manville personal injury settlement trust is set up to compensate those who suffered from asbestos exposure.<\/span><\/li>\n<li class=\"li2\"><span class=\"s2\">2002 \u2013 Halliburton pays 4.2 billion USD to settle 374,000 claims<\/span><\/li>\n<\/ul>\n<p class=\"p2\"><span class=\"s2\">These are just a few significant moments in the history of asbestos lawsuits; in fact, such trials have led to most of the industries filing bankruptcy, that were either mining asbestos or producing asbestos-related products.<\/span><\/p>\n<p class=\"p2\"><span class=\"s2\">Finally, it must be understood that out-of-court settlement is also one of the options. However, it is rarely possible when there are too many claimants involved as large groups fail to reach an agreement.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Mesothelioma Class Action Lawsuit Although class actions related to mesothelioma are now less frequent, but they are still an option (Source). So what is a mesothelioma class action lawsuit? It is simply a name for the collective legal action (Source), when a group of people files for legal action collectively, or an individual files a&#8230;<\/p>\n","protected":false},"author":1,"featured_media":2458,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"footnotes":""},"categories":[14,16],"tags":[],"_links":{"self":[{"href":"https:\/\/imedicalsociety.org\/wp-json\/wp\/v2\/posts\/2004"}],"collection":[{"href":"https:\/\/imedicalsociety.org\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/imedicalsociety.org\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/imedicalsociety.org\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/imedicalsociety.org\/wp-json\/wp\/v2\/comments?post=2004"}],"version-history":[{"count":0,"href":"https:\/\/imedicalsociety.org\/wp-json\/wp\/v2\/posts\/2004\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/imedicalsociety.org\/wp-json\/wp\/v2\/media\/2458"}],"wp:attachment":[{"href":"https:\/\/imedicalsociety.org\/wp-json\/wp\/v2\/media?parent=2004"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/imedicalsociety.org\/wp-json\/wp\/v2\/categories?post=2004"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/imedicalsociety.org\/wp-json\/wp\/v2\/tags?post=2004"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}