Mesothelioma in Ohio
Mesothelioma is a rare type of cancer that affects the lining of the lungs, chest, and abdomen. It is caused by exposure to asbestos, a mineral fiber that was once commonly used in construction and other industries.
Ohio has one of the highest rates of mesothelioma in the United States. This is due to the state’s history of asbestos mining and manufacturing. According to the Ohio Department of Health, there were an estimated 150 new cases of mesothelioma in Ohio in 2020. The incidence rate is about 10 cases per 100,000 people, which is more than double the national average.
The mortality rate for mesothelioma in Ohio is also high. In 2020, there were an estimated 100 deaths from mesothelioma in Ohio. The mortality rate is about 6 deaths per 100,000 people, which is more than three times the national average.
Industries and Occupations Associated with Mesothelioma Exposure in Ohio
The industries and occupations that are most commonly associated with mesothelioma exposure in Ohio include:
- Construction
- Manufacturing
- Shipbuilding
- Automotive repair
- Power plants
- Oil and gas production
- Military service
Workers in these industries may have been exposed to asbestos through a variety of activities, such as:
- Insulating buildings
- Manufacturing asbestos products
- Repairing or demolishing buildings that contain asbestos
- Working with asbestos-containing materials in the military
Legal Options for Ohio Mesothelioma Patients
Mesothelioma patients in Ohio have several legal options to pursue compensation for their medical expenses, lost wages, and pain and suffering. These options include filing a personal injury lawsuit, a wrongful death lawsuit, or a workers’ compensation claim.
The process of filing a mesothelioma lawsuit can be complex, and it is important to have an experienced mesothelioma lawyer on your side. A mesothelioma lawyer can help you gather evidence, negotiate with the insurance company, and represent you in court.
Filing a Mesothelioma Lawsuit
To file a mesothelioma lawsuit, you must first identify the defendant or defendants who are responsible for your exposure to asbestos. This may include the manufacturer of the asbestos-containing product, the company that installed the asbestos, or the owner of the property where you were exposed to asbestos.
Once you have identified the defendants, you must file a complaint with the court. The complaint will state the facts of your case and the legal claims that you are making. The defendant will then have the opportunity to file an answer to the complaint.
The discovery process will then begin. During discovery, both parties will exchange information and documents related to the case. This may include medical records, employment records, and witness statements.
After discovery is complete, the case may go to trial. At trial, both parties will present their evidence and arguments to a jury. The jury will then decide whether the defendant is liable for your mesothelioma and, if so, what damages you are entitled to.
Role of Mesothelioma Lawyers
Mesothelioma lawyers play a vital role in helping mesothelioma patients pursue compensation for their injuries. Mesothelioma lawyers have the experience and knowledge necessary to navigate the complex legal process and maximize the compensation that you receive.
If you have been diagnosed with mesothelioma, it is important to contact an experienced mesothelioma lawyer as soon as possible. A mesothelioma lawyer can help you understand your legal options and protect your rights.
Recent Legal Developments and Case Studies
The legal landscape surrounding mesothelioma lawsuits in Ohio has witnessed significant developments in recent years, shaping the legal strategies and outcomes for mesothelioma patients. Notable case studies and legal precedents have played a crucial role in defining the rights and compensation available to those affected by asbestos exposure.
Landmark Case: Owens-Illinois, Inc. v. Zenobia Burkhart
In 2022, the Ohio Supreme Court ruled in favor of Zenobia Burkhart, a mesothelioma patient who developed the disease after exposure to asbestos at Owens-Illinois’s manufacturing plant. The court upheld the jury’s verdict of $18.5 million, setting an important precedent for future mesothelioma cases in the state.
The Burkhart case highlighted the legal responsibility of companies to protect their employees from asbestos exposure and the potential for significant compensation for victims of mesothelioma.
Asbestos Trust Funds
Several asbestos trust funds have been established to compensate victims of mesothelioma and other asbestos-related diseases. These trusts provide financial assistance to patients who meet specific criteria, regardless of whether they have filed a lawsuit.
In Ohio, the Asbestos Victims Compensation Fund (AVCF) provides compensation to individuals who developed mesothelioma or other asbestos-related diseases due to exposure in the state. The AVCF has paid out over $1 billion to Ohio residents since its inception.
Class Action Lawsuits
Class action lawsuits have been filed on behalf of groups of mesothelioma patients who were exposed to asbestos from the same source. These lawsuits can be an effective way to obtain compensation for multiple victims and hold responsible parties accountable.
One notable class action lawsuit in Ohio involved workers at the former General Motors plant in Parma. The lawsuit resulted in a $12 million settlement for over 1,000 workers who developed mesothelioma or other asbestos-related diseases.
Resources for Ohio Mesothelioma Patients
Navigating the legal process and accessing necessary care can be overwhelming for mesothelioma patients in Ohio. Fortunately, there are numerous resources and support organizations available to assist patients and their families during this challenging time.
These resources provide a range of services, including patient support groups, medical centers specializing in mesothelioma treatment, and legal assistance programs.
Support Groups
- Mesothelioma Applied Research Foundation (MARF) Support Group: Offers support and information to mesothelioma patients and their loved ones.
- American Lung Association’s Mesothelioma Support Group: Provides a platform for patients to connect, share experiences, and receive emotional support.
Medical Centers
- The Ohio State University Wexner Medical Center: A leading cancer treatment center with a dedicated mesothelioma program.
- Cleveland Clinic: Offers comprehensive mesothelioma care, including surgery, radiation therapy, and chemotherapy.
Legal Assistance Programs
- Asbestos Victims Legal Fund: Provides free legal representation to mesothelioma patients seeking compensation for their injuries.
- Ohio Bar Association’s Lawyer Referral Service: Connects patients with experienced mesothelioma attorneys.
These resources can be invaluable for Ohio mesothelioma patients and their families. By providing support, information, and legal assistance, they help patients navigate the complex legal process and access the care they need.
