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The only known cause of mesothelioma and related conditions is exposure to asbestos. Alaska has abundant natural deposits of asbestos, including in the Kobuk Valley Natural Park, in the Panhandle Region and by the Yukon River. These naturally-occurring deposits place all individuals around them at risk. These deposits are also known to form together with other minerals that have been frequently mined and processed. When these minerals are mined, workers are exposed to airborne asbestos fibers. Residents near such mining operations are also placed at risk. The end user of these materials is also at substantial risk by using products that contain this deadly material.

Asbestos was largely used in many applications until the 1980s. This material features favorable characteristics for many products, including being resistant to heat, fire, electrical and chemical damage.  The material was often used to manufacture roof shingles, floor tiles, pipe and furnace wraps, insulation and textured paints. The substance is also commonly found in various forms of gravel.

Alaska is home to many military bases, which have an increased likelihood of asbestos because bases, barracks, cafeteria halls and other aspects of the bases were commonly constructed with materials that contained asbestos. Additionally, many Navy members and other shipbuilders were exposed to asbestos, which was commonly a sought-after shipbuilding material due to its strength.

Alaska has some sizable oil and gas refining businesses, which frequently used the material due to its resistance to high temperatures and flames. Alaskan power plants also contained asbestos in their buildings and the equipment workers used. Asbestos was also commonly used in construction projects for insulation, siding and joint compound.  In addition to helping Alaskans with mesothelioma lawsuits and claims, we can help explain options for you and your family.

 

Diagnosed Cases of Mesothelioma in Alaska

Perhaps due to the many possible points of exposure in military, commercial and residential application, there are those in Alaska that are currently being diagnosed with mesothelioma. According to Asbestos Nation, at least 407 Alaskan residents have been diagnosed between 1999 and 2013 due to asbestos exposure. This figure includes a minimum of 77 mesothelioma diagnoses, 28 diagnoses due to asbestosis and 308 non-mesothelioma lung cancer diagnoses. The Alaska Department of Health reports that approximately 7 people a year are diagnosed with mesothelioma where the most likely cities include Anchorage, Fairbanks and Juneau.

Important Alaska Mesothelioma Laws

Alaska has a number of laws related to asbestos. Some of the most important ones that may affect your claim include:

Definition of Asbestos

Alaska Stat. § 18.31.500 contains the following two definitions:

• Asbestos – chrysotile, amosite, crocidolite, fibrous tremolite, fibrous anthophyllite and fibrous actinolite
• Asbestos health hazard – the presence of material containing asbestos that carries a risk of releasing asbestos fibers into the atmosphere

Alaska St. § 44.42.430 defines “naturally occurring asbestos” as “chrysotile, amosite, crocidolite, fibrous tremolite, fibrous anthophyllite and fibrous actinolite asbestos-containing material that has not been processed in an asbestos mill and that, when tested using a bulk method prescribed by the Department of Transportation and Public Facilities by regulation, is determined to have a content equal to or greater than 0.25 percent naturally occurring asbestos by mass.”

Immunity from Asbestos Claims

Alaska Stat. § 9.65.245 addresses when certain defendants have immunity against civil claims related to asbestos. According to this law, contractors or the state cannot be sued when a death or injury occurred because of the presence of naturally-occurring asbestos in gravel or other aggregate materials. It also protects lawsuits against landowners who have a content equal to or greater than 0.25% naturally occurring asbestos by mass of their gravel or other aggregate material. Additionally, defendants who extracted, supplied, transported or used such gravel or other aggregate material are shielded from litigation when they followed specific procedures. However, if a particular defendant was not compliant with Alaska asbestos laws, a lawsuit can only be brought against a defendant who had direct control over or responsibility for compliance.

State Asbestos Regulatory Agencies

Federal and state responsibilities for regulating the use of asbestos are divided based on the specific role of each agency. The Environmental Protection Agency is responsible for the development and enforcement of regulations necessary to protect the general public from exposure to airborne contaminants such as asbestos fibers that are known to be hazardous to health, per 42 U.S.C. § 7401 et. seq. This includes regulating and enforcing rules regarding the emissions, reporting and handling of asbestos. The Alaska OSHA department deals with worker safety and training and workplace compliance and enforcement, including asbestos abatement procedures in the workplace per 8 AAC 61.600-720. The Alaska Division of Environmental Health handles disposal options and requirements regulations, per 18 AAC 60.450.

Asbestos Removal Procedures

Alaska regulates the removal of asbestos-containing materials. Alaska OSHA regulations require that anyone removing these materials have a special certificate that is issued under 8 AAC 61.720. The person must keep this certificate in their possession while performing abatement work.

At least 10 days before beginning any demolition work, the contractor is required to submit a Notification of Demolition and Renovation Form regarding the project, per EPA guidelines. This form is also necessary if completing a renovation project that may disturb asbestos-containing material.

Protection plans for asbestos removal workers must also be in place. There are also special rules concerning the careful handling of this dangerous material and special equipment that must be used.

Asbestos Disposal Procedures

The Alaska Division of Environmental Health regulates the disposal of asbestos-containing materials. This material must be disposed of in a landfill that is permitted to accept it, which usually excludes small, rural landfills. These materials must be packaged in air-tight containers or bags and be accompanied with warning labels. When each load is transported, the transporter and the operator of the landfill must sign a shipment record. The transporter must also comply with the Department of Transportation’s hazardous materials requirements.

Statute of Limitations

Alaska has a two-year statute of limitations that applies to personal injury and wrongful death cases. For personal injury cases, the two year time limit commences after a person has received a diagnosis for mesothelioma or another asbestos-related medical condition.

Court Exposure Standard

The plaintiff in a mesothelioma lawsuit must show that he or she was exposed to asbestos, the defendant was responsible for this exposure and that he or she suffered harm due to this exposure. Alaska uses a “last injurious exposure” rule, which holds the most recent employer whose employment of the plaintiff bears a causal relation to the claimant’s disability. So if a worker was exposed to asbestos on multiple jobs, the most recent employer would be responsible for the full extent of damages.

Alaska Asbestos Trust Funds

After the connection was made between asbestos and life-threatening diseases like mesothelioma, many workers and estates of deceased loved ones began filing claims against the parties responsible for manufacturing these dangerous products. Many courts around the country began to establish asbestos trust funds as a condition for bankruptcy or after litigation. For example, Mountain Aviation agreed to set up a trust fund after pleading guilty to having three teenagers clean up a site that had asbestos materials in it. Currently, there are not any known trust funds that provide benefits only to Alaska residents. However, there are who may have had workers in Alaska performing their jobs.

To submit a claim for compensation from an asbestos trust fund, you must usually submit the following evidence:

• Diagnosis – You will need medical documentation that shows you have been diagnosed with a condition related to asbestos exposure, such as mesothelioma.
• Physician statement – You should also provide a specific statement from a mesothelioma specialist or qualified doctor that shows your diagnosis.
• Exposure evidence – You can also gather other evidence that details exposure, such as employment records, evidence linking a particular product or job with asbestos or witness affidavits.

Mesothelioma Settlements in Alaska

With many of the companies responsible for asbestos now out of business or part of bankruptcy trusts, many plaintiffs achieve their victories out of court. Many times Mesothelioma verdicts and settlements are over $1 million dollars. Some recent settlements noted in public media which involved unaffiliated law firms include:

• An considerable amount to a 74-yearold man who had worked for the Navy at the SeaTac Alaska Shipyard
• A hefty amount to a millwright at the Ketchikan Pulp Mill
• A huge amount to a man diagnosed with mesothelioma at 56 who had worked on insulating pipes and boilers at Alaska power plants
• A sizable amount to a 70-year old man who had worked as a taper, mudder and drywall worker in Alaska, Washington and Oregon
• An large amount to a man who insulated power plant pipes and boilers throughout the state
• A substantial amount to a 46-year-old man who replaced asbestos insulation on steam pipes and boilers at dry cleaning stores
• A respectible amount to a steam pipe and boiler insulator

Alaska Asbestos Exposure Site List

Alaska is home to many worksites and other locations that commonly used asbestos-containing materials. Asbestos was frequently used in the oil and refinery, construction and manufacturing industries. It was also used in power plants and military bases. Some sites known to have used asbestos include:

• Arctic Surplus – Fairbanks
• Seward Marine Industrial Center – Resurrection Bay
• Alaska Juneau Gold Mining Company – Juneau
• Alaska Pipeline Service Company – Anchorage
• Bonnie Brae Quarry – Juneau
• Georgia Pacific Paper Mill – Ketchikan
• Golden Valley Electric Association – Fairbanks
• Elmendorf Air Force Base – Anchorage
• Mountain Aviation of Sitka – Sitka
• Sitka Paper Mill – Anchorage
• Anchorage Hospital – Anchorage
• Ladd Air Force Base – Fairbanks
• Georgia Pacific Paper Mill – Ketchikan
• S. Naval Base – Kodiak
• Alaskan Pipeline – Valdez

Alaska Mesothelioma Law Firms

If you have been diagnosed with mesothelioma and would like to explore your options for seeking compensation to provide for your medical bills, lost wages and pain and suffering, our attorneys can work with your case since there are not any mesothelioma law firms that are specifically located in Anchorage, Juneau, Fairbanks, Sitka, Ketchikan, or Kenai.