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With its bustling seaports, oil refinery business and catastrophic devastation of Hurricane Katrina, Louisiana residents were at an increased likelihood of a mesothelioma diagnosis due asbestos exposure. Additionally, while the state did not directly mine for asbestos like many others, the mineral was used in mines to prevent fires, such as in salt mines.
Louisiana is home to many oil refineries that extracted massive amounts of oil from the Gulf of Mexico. Oil refineries often used asbestos due to its ability to resist heat. It was used as an insulator in the pipelines, tanks, pumps, furnaces and reactors of these refineries.
Another common source of asbestos exposure in Louisiana was in shipyards. Some workers were required to unload asbestos and inspect bags for contraband. Asbestos was often used in various components on ships due to its heat and chemical resistant properties.
The state realized a new asbestos exposure in the aftermath of Hurricane Katrina. The hurricane and accompanying flooding caused asbestos to become dislodged from older buildings and homes, allowing those in the area to potentially be exposed to asbestos fibers. Additionally, first responders like police, firefighters and rescue personnel. Cleanup crews and volunteers may have also been exposed. Asbestos fibers can become airborne when materials that contain them are crushed or torn. These fibers could have become airborne and imposed a danger on these crews as well as anyone who did not evacuate the area. The United States Environmental Protection Agency warned that there may have been more than 100 pollutants in flood waters, drinking water and the air after the 2005 hurricane. If you or a loved one was diagnosed with mesothelioma, contact our lawyers today to learn more about filing a lawsuit or trust claim. We handle cases nationwide.
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Louisiana Asbestos Regulatory Agencies
Louisiana Mesothelioma Diagnoses
Louisiana Laws Concerning Asbestos
Louisiana Statute Of Limitations
Louisiana Asbestos Trust Funds
Louisiana Mesothelioma Verdicts and Settlements
Louisiana Asbestos Exposure Site List
Louisiana Mesothelioma Law Firms
Louisiana Mesothelioma Diagnoses
Reports show Louisiana is ranked 18th in the nation for mesothelioma and asbestosis diagnoses. There were at least 701 Louisiana residents who were diagnosed with mesothelioma, with more than 408 who were diagnosed with asbestosis and more than 2,804 who were diagnosed with non-mesothelioma lung cancer between 1999 and 2013. Mesothelioma incidence is highest in the central and northern counties of the state and in the following:
New Orleans, Baton Rouge, Shreveport, Lafayette, Metairie, Lake Charles, Kenner, Bossier City, Monroe, Alexandria, New Iberia, Houma, Slidell, Opelousas, Ruston, Sulphur
Natchitoches, Hammond, Gretna, Thibodaux, Crowley, Pineville, Baker, Bogalusa, West Monroe, Minden, Bastrop, Morgan City, Abbeville, Eunice, Zachary, Jennings
Westwego, Mandeville, Harahan, DeRidder, Tallulah, Denham Springs, Rayne, Covington, Franklin, Gonzales, Ville Platte, Oakdale, Scott, Donaldsonville, Breaux Bridge
Plaquemine, St. Martinville, Leesville, Carencro, Jeanerette, Broussard, Winnfield, Mansfield, Marksville
Louisiana Asbestos Laws
Louisiana has a series of laws that impact when a claim must be filed and what the plaintiff must prove. It also has a variety of regulations regarding the removal of asbestos.
Statute of Limitation
Louisiana has a very strict one-year time limit to file a claim for an asbestos-related condition. This means that a person must file a claim within one year of being diagnosed with mesothelioma or related medical condition. If the victim dies from mesothelioma, the surviving family has one year from the date of death to file this claim.
Court Exposure Standard
In order to recover compensation for asbestos exposure, Louisiana plaintiffs must meet the exposure standard. Louisiana courts use the Lohrmann test to determine if a plaintiff has met this burden. This requires showing that the exposure was a substantial factor in the plaintiff developing mesothelioma or a related medical condition. The plaintiff must show that exposure to a certain product was frequent and regular enough that it was a substantial factor in causing the victim’s injury. If the plaintiff sues multiple defendants, he or she must meet this burden for each one.
Louisiana State Asbestos Regulatory Agencies and Regulations
At the state level, the Louisiana Department of Environmental Quality is tasked with establishing regulations regarding asbestos and enforcing them. Chapter 33 of the Louisiana Administrative Code discusses many standards related to environmental quality, including information about asbestos.
The state has special rules in place regarding the abatement of asbestos in Louisiana schools, as well as rules regarding asbestos training and accreditation. There are special standards for demolition and renovation that must be followed. A state-approved contractor must be used to remove asbestos from a home, commercial building or public building.
Louisiana Definition of Asbestos
The Louisiana Administrative Code contains the following relevant definitions:
- Asbestos —the asbestiform varieties of Chrysotile (serpentine), crocidolite (riebeckite), amosite (cummingtonite-grunerite), anthophyllite, tremolite, and actinolite.
- Asbestos-Containing Building Material (ACBM) — surfacing ACM, thermal system insulation ACM, or miscellaneous ACM in or on interior structural members or other parts of a school or state building.
- Asbestos-Containing Material (ACM) — when referring to schools or state buildings, any material or product which contains more than 1 percent asbestos as determined by using the method specified in appendix E, subpart E, 40 CFR 763, section 1, polarized light microscopy.
- Category I Nonfriable ACM — asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than 1 percent asbestos as determined by using the method specified in appendix E, subpart E, 40 CFR 763, section 1, polarized light microscopy that when dry cannot be crumbled, pulverized, or reduced to powder by hand pressure.
- Category II Nonfriable ACM — any material, excluding category I nonfriable ACM, containing more than 1 percent asbestos as determined by using the method specified in appendix E, subpart E, 40 CFR 763, section 1, polarized light microscopy that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.
Louisiana Site Exposure List
Some locations that have been linked to asbestos exposure in Louisiana include:
- Calumet oil refinery – Princeton, Shreveport
- Cargill – Breaux Bridge
- R. Grace Exfoliation Facility – New Orleans
- Southern Mineralite Exfoliation Facility – New Orleans
- Marathon Refinery – Garyville
- Placid Refining Refinery – Port Allen
- Motiva Norco Refinery – New Orleans
- Calcasieu Oil Refinery – Lake Charles
- Conoco Oil Refinery – Lake Charles
- Citgo Oil Refinery – Lake Charles
- Valero Oil Refinery – Lake Charles
- Higgins Shipyard – New Orleans
- Bollinger Shipyards – Lockport
- Conrad Industries – Morgan City
- Louisiana Superdome – New Orleans
- Johns Manville plant – New Orleans
- Dow Chemical – Plaquemine
- Avondale Industries – Bridge City
Louisiana Asbestos Trusts
After asbestos-producing companies were sued by hundreds or thousands of plaintiffs, many of them went out of business and declared bankruptcy. As part of their bankruptcy case, some of these companies established asbestos trusts with millions or billions of dollars set aside specifically to pay on claims. If one of these trusts is available, a claimant can make a claim with the trust itself rather than having to go through the entire process of a trial. There are no known asbestos trusts that were set up in Louisiana by companies headquartered in the state or with the trust being administered in the state. However, many of the companies that established these trusts were national companies, so a Louisiana claimant may have a right to file a claim with one of them. A Louisiana mesothelioma lawyer can investigate if any of these trusts are available.
Louisiana Mesothelioma & Asbestos Related Lawsuits
Louisiana courts are considered more plaintiff-friendly than some other states. Therefore, the following notable verdicts and settlements reported in the news and handled by unaffiliated law firms range anywhere between $1 Million and $7 Million Dollars:
- A Louisiana law firm announced an extremely high dollar verdict on behalf of its clients in 2016. A woman had developed mesothelioma from take-home exposure from her husband’s clothing that was laced in asbestos from his job at an oil refinery. The award provided compensation for the woman’s surviving family.
- A man who had worked at the Union Carbide Corporation for about ten months was awarded a large sum in 2016 after developing mesothelioma, including a considerable amount for general damages. The Court of Appeals recently increased the award by the original verdict amount to stay in line with other cases.
- In 2014, The family of a woman who had developed mesothelioma from secondhand exposure to asbestos from her uncle who worked at the Johns-Manville plant recovered a sizable amount in a jury verdict against Asbestos Corporation Limited, which supplied the asbestos to Johns-Manville.
- In another case against Asbestos Corporation Limited, a Louisiana jury awarded a woman who developed mesothelioma from secondhand exposure to asbestos fibers brought home by her father huge dollar figure in 2013.
- A Slidell, Louisiana man received a giant amount in compensation in 2011 after contracting mesothelioma from his exposure to asbestos from piping and gaskets made by the defendants’ companies.
- A man who developed mesothelioma after working as an electrician at a Baton Rouge chemical plant was awarded huge sum in 2013. Discovery showed that the plant predicted some of its workers would get cancer due to asbestos exposure but that it was more cost-effective to continue using the dangerous material.
- A New Orleans plaintiff who developed lung cancer after working as a carpenter received a immense dollar figure in a jury verdict.
- A Monroe mesothelioma victim who worked as a millwright recovered a substantial dollar amount in a jury verdict.
- A Louisiana law firm reported recovering an extensive award for a power plant worker who died from mesothelioma after being exposed to asbestos.
- A Louisiana law firm reported recovering another large dollar figure for a shipyard worker who developed mesothelioma.
- A Louisiana law firm reported obtaining an abundant settlement for the surviving family of a man who had worked in shipyards and as a boilermaker.
- A Louisiana law firm reported helping a client diagnosed with asbestos-related lung cancer recover a immense settlement. The client passed away before the case was finalized and his family received compensation.
- A Plaquemine-area man was awarded a very large dollar figure in a jury verdict in 2005 after finding that his employer in 1963 and 1994 failed to properly warn him of the dangers of asbestos.
- A mesothelioma victim who worked as a pipefitter and welder recovered a jumbo dollar amount from his former employer.
Louisiana Mesothelioma Lawyers
Due to its high rate of frequency, many lawyers in Louisiana focus their practice on mesothelioma and other asbestos-related medical conditions. Some of the firms that may become co-counsel include:
A law firm that is located in Lake Charles and focuses its practice on personal injury cases. It has a staff of ten experienced personal injury attorneys, along with paralegals and support staff. The firm has handled several high-profile cases and has won many multi-million dollar victories for its clients, including several mesothelioma cases. Firm attorneys have served as lead counsel in toxic exposure cases. They also represent clients injured on oil refineries and by secondhand exposure to asbestos.
A New Orleans law firm that provides legal assistance to victims of mesothelioma and their families. Firm attorneys are well-versed in asbestos exposure and mesothelioma cases. They understand that in many cases decades have lapsed between the time of exposure and the diagnosis of mesothelioma. They can help determine parties who may be responsible for client injuries by reviewing companies that used or distributed asbestos in their products or workplace. They have a network of medical experts who can testify about the damage exposure caused. They have been nationally recognized for their legal representation.
A law firm that has offices in Alexandria, Baton Rouge, Lafayette, Lake Charles, Monroe and Shreveport. The firm has developed an extensive amount of knowledge regarding mesothelioma and asbestos exposure. Its attorneys are very familiar with the various types of industries and jobs that could result in asbestos exposure. They are also familiar with various treatment options and can give recommendations to their clients regarding these options. In addition to helping with the personal injury claim, they can also help victims apply for Social Security disability benefits.
A law firm that is located in Baton Rouge, with its attorneys have successfully pursued significant verdicts and settlements for clients throughout the area and also have extensive knowledge and experience with Louisiana courts and asbestos laws. They have more than 40 years of combined experience representing clients in asbestos lawsuits. They are recognized on a national platform for their leadership in asbestos law.
