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THE LAW OFFICE OF
GREGORY M. MCMAHON LLC
Asbestos Personal Injury Litigation
Asbestos litigation is one of the largest mass tort actions in the history of American jurisprudence. Its reach and impact extend globally due to the extensive use of asbestos in various industries throughout the 20th century. While asbestos was initially regarded as a 'miracle mineral' because of its fire resistance and durability, it later became known as a silent killer, causing severe respiratory illnesses and cancers like mesothelioma.
Since the first successful asbestos lawsuit in 1969, hundreds of thousands of plaintiffs have filed claims against numerous large corporations. These lawsuits have been primarily targeted against manufacturers, distributors, and employers who exposed workers and consumers to asbestos without adequate warning.
Plaintiffs in these cases include construction workers, electricians, mechanics, shipyard workers, and even family members affected through secondhand exposure. The variety of plaintiffs highlights the widespread use and impact of asbestos.
Large corporations have been held accountable, resulting in billions of dollars in settlements and judgments. These funds help cover medical treatments, lost wages, and provide for families of deceased victims. Financial losses and brand damage due to the historical use of asbestos serves as a cautionary tale of the consequences of neglecting worker and consumer safety.
To address the influx of claims, many companies declared bankruptcy to reorganize and establish asbestos trust funds. These funds ensure victims receive compensation despite the companies’ financial restructuring.
As science evolves and legal precedence expands, asbestos litigation continues to develop. New studies and evidence continually shape the landscape of these claims.
The scope and magnitude of asbestos personal injury litigation underscore a monumental chapter in legal history—reflecting the critical balance between industrial advancement and public health. While progress continues in advocating for victims' rights, these legal battles serve as a powerful reminder of corporate responsibility and the enduring quest for justice. Each claim not only represents a singular story of suffering but builds the foundation for a future where such tragedies are avoided through vigilance and responsibility.
If you or a loved one has been affected by asbestos-related diseases or require assistance, our experienced team of attorneys is here to help guide you through your legal options. Reach out today for a consultation.
Services Provided
Case Evaluation and Investigation
We offer free consultations to evaluate potential claims, gathering detailed medical and occupational histories to build a strong case.
Claim Filing
We help file lawsuits against product manufacturers, premises owners, and other responsible parties. We also assist in submitting claims to asbestos trust funds, which have been established by bankrupt companies to compensate victims.
Trial Litigation
If a fair settlement cannot be reached, we are prepared to take the case to trial, using our expertise to advocate for clients’ compensation.
Resource Connection
We can connect clients with medical experts, support groups, and counseling services to aid in their overall well-being throughout the process.
Legal Guidance and Representation
We guide clients through the legal process, explaining rights and options. We handle all legal aspects, including filing claims, preparing legal documents, and representing clients in court.
Negotiation and Settlement
We typically work to negotiate settlements with defendants or their insurance companies to ensure clients receive fair compensation without going to trial.
Financial Compensation
Our aim is to secure monetary compensation for medical expenses, lost wages, pain and suffering, and, in some cases, punitive damages.
We operate on a contingency fee basis, meaning we only get paid if we successfully obtain compensation for our clients.
Mesothelioma: A cancer primarily associated with asbestos exposure, and it can develop in different parts of the body's mesothelium, which is the protective lining covering various internal organs. The main types of mesothelioma include:
Pleural Mesothelioma: the most common type of mesothelioma, accounting for about 75% of cases. It affects the pleura, which is the lining around the lungs. Symptoms often include chest pain, shortness of breath, and pleural effusion (fluid buildup around the lungs).
Peritoneal Mesothelioma: this type affects the peritoneum, the lining of the abdominal cavity. It accounts for approximately 10-20% of mesothelioma cases. Symptoms can include abdominal pain, swelling, nausea, and weight loss.
Pericardial Mesothelioma: this rare form of mesothelioma occurs in the pericardium, the lining around the heart. It is less common and can lead to symptoms such as chest pain, heart palpitations, and difficulty breathing.
Testicular Mesothelioma (Mesothelioma of the Tunica Vaginalis): This is the rarest form of mesothelioma, affecting the lining around the testicles. Symptoms can include testicular swelling and lumps.
Each type of mesothelioma is associated with specific symptoms based on the location of the tumor but shares a common link to asbestos exposure.
Lung Cancer: asbestos exposure can also cause lung cancer, which is malignant in the tissues of the lungs. While smoking greatly increases the risk, asbestos is a proven carcinogen on its own.
Asbestosis: a chronic lung disease caused by the inhalation of asbestos fibers, leading to lung tissue scarring (fibrosis) which results in progressive and permanent lung damage. Symptoms include shortness of breath and increased risk of lung infections.
These conditions highlight the severe impact asbestos exposure can have on respiratory health. Early detection and specialized treatment are critical for managing the disease effectively.
Medical Conditions
Trades Exposed to Asbestos
Throughout the 1970s and 1980s, numerous trades across various industries were exposed to asbestos, a material prized for its heat resistance but acknowledged for its severe health hazards. Many workers during this period faced significant risks, often without adequate protective measures or knowledge about the dangerous fibers they were inhaling. Gregory McMahon’s legal team vigorously pursues justice for those affected by these harmful exposures. Here is a closer look at the trades most commonly exposed to asbestos during these decades:
Manufacturing and Industrial Workers
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Machinists and Millwrights: Worked with equipment that contained asbestos, such as brakes, clutches, and gaskets, often releasing fibers during repairs or overhauls.
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Boilermakers: Involved in the construction, maintenance, and repair of boilers insulated with asbestos materials.
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Plumbers and Pipefitters: Regularly handled asbestos insulation on pipes, boilers, and ducts, frequently in cramped spaces increasing exposure.
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Factory Workers: Especially those involved in the manufacturing of asbestos-containing products like textiles, automotive parts, and construction materials.
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Railroad Workers: Particularly those who were involved in the maintenance of trains and tracks, where asbestos was used in various components, including brake pads and insulation materials.
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Insulators (Asbestos Workers): Specialized in installing and removing asbestos insulation in buildings and ships, directly handling large amounts of asbestos materials.
Construction Workers
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Carpenters and Drywall Installers: Often worked with asbestos-containing materials such as joint compounds, insulation, and construction adhesives.
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Electricians: Exposure occurred when handling asbestos-laden electrical panels, conduits, and wiring insulation.
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Roofers: Worked with roofing materials, including shingles and felt that contained asbestos, particularly when cutting or removing old materials.
Automotive Industry
Mechanics Often Worked With Asbestos-Containing Parts, Such As Brake Pads, Clutches, And Gaskets. Tasks Like Brake Replacement Or Clutch Repair Could Release Asbestos Fibers Into The Air, Posing Inhalation Risks.
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Automotive Mechanics: Frequently faced exposure while repairing or replacing brake pads, clutches, and other automobile parts containing asbestos.
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Assembly Line Workers: Those Involved In The Manufacturing Process Of Automobiles Might Have Handled Parts Containing Asbestos, Especially Before Stricter Regulations Were Implemented In The Late 20th Century.
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Brake And Clutch Manufacturers: Workers Involved In The Production Of Brakes And Clutches Were Directly Exposed To Raw Asbestos Fibers Used In The Manufacturing Process.
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Warehouse And Shipping Personnel: Those Responsible For Handling And Storing Automotive Parts Could Have Been At Risk If They Dealt With Products Containing Asbestos.
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Automotive Repair Shops: Individuals Working In Repair Environments, Especially Smaller, Independent Shops, Were Often Not Equipped With Adequate Safety Measures To Prevent Asbestos Exposure.
Military Personnel
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Shipyard Workers: Commonly used asbestos for fireproofing and insulation in naval vessels, exposing workers to high concentrations during construction and repairs.
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Navy Ships And Shipyards: The U.S. Navy Utilized Asbestos Extensively In Ships For Insulation And Fireproofing. Engine Rooms, Boiler Rooms, And Other Compartments Often Contained Asbestos, Exposing Shipbuilders And Sailors.
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Military Bases: Many Bases Incorporated Asbestos In Buildings For Insulation, Roofing, And Flooring. Personnel Living And Working In These Facilities Risked Exposure, Particularly During Renovations Or Demolitions.
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Military Vehicles And Aircraft: Asbestos Was Used In Vehicle Brakes And Clutches, As Well As Insulation For Aircraft. Mechanics And Maintenance Crews Faced Exposure Risks While Servicing These Vehicles.
Asbestos Containing Products
Asbestos, known for its durability and excellent heat resistance, was widely utilized in various industries for several decades. Despite its beneficial properties, asbestos poses significant health risks, including lung cancer, mesothelioma, and other respiratory diseases. Gregory McMahon’s legal expertise has repeatedly revealed the critical roles these products have played in litigation due to negligence around their use. Here’s an overview of asbestos-containing products across key industries:
Industrial Facilities
Insulation Materials: Asbestos was extensively used for insulating pipes, boilers, furnaces, and steam lines in factories and power plants due to its high-temperature resistance. These applications were common in steel mills, refineries, and chemical plants.
Gaskets and Packing: Asbestos gaskets used in high-temperature and high-pressure environments were prevalent in industrial machinery, often resulting in occupational exposure during maintenance.
Brakes and Clutches: Heavy machinery and equipment often used asbestos components for braking and clutch systems, contributing to asbestos exposure risks for equipment operators and maintenance workers.
Construction and Home Remodeling
Cement Products: Asbestos cement was commonly used in roofing, siding, pipes, and underlayment layers in both residential and commercial buildings. These materials remain a concern during demolitions and renovations.
Fireproofing Sprays: Applied to structural steel beams and other materials, asbestos fireproofing sprays provided fire resistance but released harmful fibers when disturbed.
Flooring and Tiles: Vinyl asbestos tiles and adhesives were popular due to their durability and cost-effectiveness, posing exposure risks during floor replacement projects.
Ceiling and Wall Materials: Asbestos-containing ceiling tiles and wall compounds were used for fire resistance and insulation. Remodeling activities can disturb these materials and release asbestos fibers.
Pipes and Boilers: Asbestos insulation wrapped around pipes and boilers was standard in older homes, presenting risks during system replacements or renovations.
Automotive Industry
Brake Pads and Linings: Asbestos was a key component in brake pads and linings due to its heat resistance, creating exposure risks particularly for mechanics handling vehicle repairs.
Heat Shields and Engine Components: These components, integral to managing engine heat, were manufactured using asbestos making disassembly or repair potentially hazardous.
Miscellaneous Products and Uses
Household Appliances: Some small appliances, such as toasters and hair dryers, incorporated asbestos for heat protection.
Textiles: Asbestos fibers were used in certain textiles for fire-resistant clothing and other applications in factories and laboratories.
Consumer Goods: Items like ironing board covers and outdoor siding often contained asbestos due to its fire-retardant properties.
Asbestos: Types, Sources, and Cancer Potency
Asbestos is a naturally occurring mineral that was widely used throughout the 20th century in various industries due to its heat resistance and durability. Unfortunately, all types of asbestos fibers are hazardous and have been linked to serious illnesses, including mesothelioma, lung cancer, and asbestosis. The following are the types of asbestos that are commonly the subject of litigation:
Chrysotile (White Asbestos)
the most common type of asbestos found in over 90% of asbestos-containing products, including cement, brake pads, tiles, roofing materials, and adhesives. Although less potent than amphibole asbestos types, chrysotile is still a confirmed carcinogen and poses a significant risk of causing mesothelioma and other cancers.
Crocidolite (Blue Asbestos)
found in spray-on coatings, plastics, cement products, and some insulating materials. It is considered the most hazardous form of asbestos when inhaled. Crocidolite is extremely potent and has a high risk of inducing mesothelioma due to its fine, brittle fibers and ability to lodge in the lung tissue more readily.
Amosite (Brown Asbestos)
used primarily in cement sheets, pipe insulation, and as insulation material. Workers handling these materials in construction and demolition are at heightened risk. Amosite fibers are more potent than chrysotile in causing mesothelioma and other asbestos-related cancers due to their iron content and fiber durability.
Tremolite, Actinolite, and Anthophyllite
these are rarer types of asbestos and were not used commercially as frequently as other types. They are sometimes found as contaminants in chrysotile asbestos, vermiculite, and talc. While less common, they are no less dangerous than other forms of asbestos and can cause serious health issues, including cancers and pulmonary diseases.
Understanding the types of asbestos and their risks are crucial for identifying potential exposure sources. Employees in industries such as construction, manufacturing, shipbuilding, and automotive repair were most commonly exposed. However, secondary exposure can also occur when asbestos fibers are carried home on clothing or equipment.
Notable Verdicts
Juries have punished negligent companies with substantial verdicts, not only delivering justice to victims but also setting precedents for how corporations must uphold safety standards. These verdicts underscore the balance of corporate responsibility and individual safety. A few of the many notable verdicts include:
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One of the largest verdicts was awarded to a factory worker who was diagnosed with mesothelioma. A jury awarded the family $250 million, underlining the gross negligence of the manufacturing company.
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In another landmark lawsuit, a shipyard worker received $32 million for wrongful death due to lung cancer, activating broader awareness about asbestos in naval sectors.
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A construction workers exposed to asbestos received a $18 million verdict, reinforcing legal precedents on occupational exposure accountability.
These verdicts not only bring restitution to affected workers and their families but also drive substantial industry changes, incentivizing railroads to adopt better safety protocols and monitoring systems.
Treatment Innovation
Mesothelioma is a challenging cancer to treat, and ongoing research is focused on improving outcomes for patients. Some of the recent innovations in the treatment of mesothelioma include:
Immunotherapy: This approach harnesses the body's immune system to identify and attack cancer cells. Pembrolizumab (Keytruda) and nivolumab (Opdivo) are examples of immune checkpoint inhibitors that have shown promise in treating mesothelioma. In 2020, the combination of nivolumab and ipilimumab (Yervoy), another immune checkpoint inhibitor, was approved by the FDA for unresectable pleural mesothelioma.
Targeted Therapy: Understanding specific genetic mutations in mesothelioma has led to targeted therapies that attack cancer cells with specific characteristics. Research is ongoing to identify and create treatments targeting these mutations.
Gene Therapy: This involves introducing genetic material into a patient's cells to fight or prevent disease. For mesothelioma, this could mean altering the genes of cancer cells to slow tumor growth or enhance the body's immune response.
Photodynamic Therapy (PDT): PDT uses light-sensitive drugs and a particular type of light to kill cancer cells. Studies are investigating its effectiveness as a part of multimodal treatment strategies.
Multimodal Treatment Approaches: Combining surgery, chemotherapy, and radiation has been a common approach, but now there is a push to integrate newer methods like immunotherapy and gene therapy to improve long-term outcomes.
Electric Field Therapy: Devices that use electric fields to disrupt cancer cell division, known as Tumor Treating Fields (TTF), have been explored for mesothelioma, offering a non-invasive option to slow tumor growth.
Epigenetic Therapy: This experimental approach involves altering the expression of genes that contribute to tumor growth without changing the DNA sequence. Drugs targeting epigenetic changes are in development and clinical trials.
Innovative Clinical Trials: Numerous clinical trials are exploring new drug combinations, dosing strategies, and novel interventions. Participation in clinical trials may provide access to cutting-edge therapies.
As research continues, it's essential for patients and healthcare providers to stay informed about these advancements and consider clinical trials as a way to access new treatments. Always consult with a healthcare professional specializing in mesothelioma to explore potential treatment options tailored to individual patient needs.
Treatment Resources
Patients diagnosed with mesothelioma can reach out to oncology facilities and treatment centers for advanced care and access to cutting-edge clinical trials and surgery options. The following institutions are renowned for their treatment of mesothelioma and other cancers:
MD Anderson Cancer Center (Houston, TX)
One of the worlds most respected centers devoted exclusively to cancer patient care, research, education, and prevention.
Mayo Clinic (Rochester, MN, Scottsdale, AZ, and Jacksonville, FL)
its integrated practice allows for collaborative care focused on cutting-edge treatment options.
Memorial Sloan Kettering Cancer Center (New York, NY)
renowned for its pioneering cancer research and treatment, including a dedicated thoracic surgery department specializing in mesothelioma.
Fox Chase Cancer Center (Philadelphia, PA)
offers extensive multidisciplinary treatment options and is renowned for its cancer research and patient care in mesothelioma.
Brigham and Women’s Hospital (Boston, MA)
part of the Dana-Farber Cancer Institute, offers extensive experience in mesothelioma treatment and research.
UCLA Jonsson Comprehensive Cancer Center ( Los Angeles, CA)
provides patients access to advanced research trials and innovative treatments for mesothelioma.
University of Chicago Comprehensive Cancer Center (Chicago, IL)
known for its personalized treatment plans and access to numerous clinical trials.