Asbestos litigation may go down in history as not only the most expensive type of litigation this country has ever seen, but as the single most extreme example of lawsuit abuse ever to occupy American courts.

 The economic impact of asbestos litigation is devastating.  Some seventy companies have already been forced into bankruptcy because of it.  Worse still, since most of the asbestos manufacturers have already gone under, personal injury lawyers are now turning their sights onto companies which never made or used asbestos.  Filings against the textile, food and beverage, and paper industries have skyrocketed several hundred percent in just the last few years – even as health problems associated with asbestos begin to decline.

 

Many experts believe that most asbestos claims are bogus, and that most payments are made to claimants (and their lawyers) who are not sick.  In fact, it has been estimated that people without serious illness likely constitute about 90% of all asbestos lawsuits. 

 

 Last summer, a medical journal revealed that less than 5% of a group of chest X-rays submitted as evidence by personal injury lawyers in asbestos lawsuits showed asbestos-related abnormalities when those same X-rays were reviewed by independent radiologists.

 

Nonetheless, plaintiffs and their personal injury lawyers continue to sue and continue to strike it rich.  One group of six asbestos plaintiffs was awarded $150 million for just exposure to asbestos dust, even though they had no cancer or other serious illness. 

 

 When will this pattern end?  Not likely anytime soon – unless consumers begin to act.  Because of the large dollar figures involved in asbestos cases, the number of filings is growing fast.  Ten times more non-malignant cases are being filed today than in 1990.  A recent estimate predicts up to 3 million claims will be filed in total.  The estimated total corporate asbestos liability to U.S. plaintiffs is now expected to reach  $145-$210 billion.  That is more than five times the cost of the worst natural disaster in American history, Hurricane Andrew of 1992 which devastated South Florida and Louisiana.

 

 But the worst part of the asbestos litigation scandal is that that very small percentage of plaintiffs who are in fact injured by asbestos need compensation.  And they need it sooner rather than later.  However, legitimate cases are usually dealt with side-by-side with the cases of plaintiffs with no actual injury.  This clogs our courts and slows down compensation for the truly injured.  Personal injury lawyers, of course, get rich on both types of cases. 

 

Concerned citizens can take several actions to combat asbestos litigation abuse.  First, as with any medical condition, people should see their doctors if they suspect a medical problem.  They should not simply call a lawyer – no matter what a personal injury lawyer promises in daytime television ads.  Remember, doctors are qualified to give medical advice; personal injury lawyers are not.  Second, no one should join an asbestos lawsuit (or any lawsuit for that matter) unless he or she has an actual injury.  To do so drains precious resources from those who need it most, the true victims of asbestos.  If citizens will take these two simple steps – and encourage others to do the same – then maybe we can start to turn the tide on asbestos litigation.