[breadcrumb]
While most exposure to asbestos in Maryland resulted from occupational exposure, the state does have 22 known naturally-occurring asbestos sites. With its proximity to the Atlantic Ocean, the state built a thriving shipyard industry. Shipyards, dry docks and other shipping locations were associated with higher incidences of exposure. Baltimore was the hub for many of these operations and is associated with a higher rate of mesothelioma diagnoses. The state was also home to several military operations, which used asbestos in the construction of their buildings, in barracks and on their vessels and tanks.
Baltimore and other locations throughout the state may have also increased the likelihood of workers developing mesothelioma and asbestos-related diseases due to the thriving steel mills that were quite industrious after World War II. Additionally, other workers could have been exposed to asbestos in many other commercial operations, including power plants, chemical plants, mills and automotive companies.
Construction companies also exposed workers to the threat of asbestos exposure. Asbestos was used in a variety of construction products, including flooring tile, roofing material, joint compounds, paints and other products. Roofers, flooring installers and tile installers may have been exposed to asbestos during renovations or demolition projects that caused asbestos fibers to become airborne. Older public buildings like those that are on older colleges and universities may have been built with dangerous asbestos substances. Maryland was on the cutting edge of asbestos regulations, passing the first requirement in the country regarding the abatement of asbestos in 1983. If you have been diagnosed with mesothelioma, contact our lawyers today to learn more about your legal options such as trust claims.
Quick Links:
Maryland Asbestos Regulatory Agencies
Maryland Mesothelioma Diagnoses
Maryland Laws Concerning Asbestos
Maryland Statute Of Limitations
Maryland Asbestos Trust Funds
Maryland Mesothelioma Verdicts and Settlements
Maryland Asbestos Exposure Site List
Maryland Mesothelioma Law Firms
Maryland Mesothelioma Diagnoses
Reports have Maryland ranking 21st in the country for the number of mesothelioma or asbestosis diagnoses. From 1999 to 2015, more than 779 Maryland residents were diagnosed with mesothelioma. The highest rate of mesothelioma is in Baltimore and the Washington, D.C. area. There were a minimum of 605 Maryland residents who were diagnosed with asbestosis and more than 2,980 who died from non-mesothelioma lung cancer between 1999 and 2013. Other locations where diagnoses in Maryland have occurred are: Annapolis, Silver Spring, Germantown, Waldorf, and Ellicott City
Maryland Asbestos Laws
Maryland has a series of laws related to filing asbestos and mesothelioma claims. These laws dictate when a claim must be filed, what the plaintiff has to prove to be successful and how much the plaintiff can receive in damages.
Court Exposure Standard
Each state adopts a specific standard that plaintiffs in asbestos litigation cases must establish to show the link between the defendant’s product and the plaintiff’s injury. The most common standard is the Lohrmann test. This test requires showing that exposure is a substantial factor in the plaintiff developing mesothelioma or an asbestos-related disease. This standard has been adopted by Maryland’s highest state quart. To prove that the exposure was a substantial factor, the plaintiff must show the frequency of using the defendant’s product, the proximity in distance and time to the plaintiff’s use of the product and the regularity of the exposure due to the use of the product.
Statute of Limitations
The statute of limitations is the time limit that a person has to file certain types of claims. In Maryland, a person has three years from the date the cause of action arose to file a personal injury lawsuit or wrongful death claim. In most cases of mesothelioma, the person may not develop symptoms until many years after exposure. The three years starts at the time when the harm was discovered, such as being diagnosed with mesothelioma. If the case is not filed by this time limit, it can be dismissed.
Damage Cap
Maryland imposes a damage cap for non-economic damages, such as pain and suffering and mental anguish. There is no limit on the amount of damages that can be awarded for economic damages, which are the types of damages that can more easily be quantified due to the injury, such as medical expenses and lost wages.
The amount of the damage cap depends on the year when injuries occurred. For non-medical malpractice cases, the following caps apply:
- For claims where the injury occurred between October 1, 2012 and September 30, 2013 – $770,000 for a personal injury claim and $1.155 million for all wrongful death claims with two or more beneficiaries.
- For claims after 2013 – $15,000 more per year for the personal injury claim, starting on October 1. The wrongful death claim is always 1.5 times the personal injury claim cap.
- For claims that arise after June 30, 1986 – $350,000 for the personal injury claim.
- For claims for damages in which the cause of action arises on or after October 1, 1994 – $500,000.
Maryland State Asbestos Regulatory Agencies
On the state level, the Maryland Department of the Environment – Asbestos Program regulates rules related to asbestos and the environment. The Maryland Occupational Safety and Health regulates procedures in the workplace regarding exposure to asbestos and removal of it.
Maryland Definition of Asbestos
The state defines “asbestos project” as “any activity involving the demolition, renovation, or encapsulation of friable asbestos materials.”
Maryland Asbestos Exposure Site List
Some of the more prominent military operations, public buildings, employers and manufacturers potentially linked to asbestos in Maryland include:
- S. Naval Academy – Annapolis
- S. Army Corporation of Engineers – Aberdeen
- Naval Propellant Factory – Indian Head
- S. Naval Ordinance Laboratory – Silver Spring
- Patuxent River Naval Air Station – St. Mary’s County
- Bethlehem Steel – Sparrows Point
- Maryland Shipbuilding & Drydock Company – Baltimore
- Newport News Shipyard – Newport News
- Curtis Bay Coast Guard Shipyard – Baltimore
- Fairfield Shipyard – Baltimore
- Key Highway Shipyard – Baltimore
- Baltimore Marine Industries – Sparrows Point
- Calvert Cliffs Nuclear Power Plant – Lusby
- Potomac Electric Power Company – Rockville
- University of Maryland – Catonsville, College Park
- Maryland State College – College Park
- Washington College – Chestertown
- Porter-Hayden Co. – Baltimore
- Anchor Packaging Company – Baltimore
- Eastern Stainless Steel – Baltimore
Maryland Asbestos Trusts
Asbestos trusts were set up by several companies after facing daunting liability from exposing employees and consumers to products that contained asbestos. Many of these companies filed bankruptcy, and some established asbestos trusts as part of the bankruptcy process and to handle claims. If a trust is available, a plaintiff can pursue compensation without going through the entire process of litigation.
One asbestos trust is formed from a company that was headquartered in Baltimore. Porter-Hayden Co. manufactured insulation products that contained asbestos. Over 58,000 claims were filed against the company, leading to its bankruptcy in 2002. The business is no longer in operation. It established the Porter-Hayden Bodily Injury Trust in 2006. It has estimated funds of $40 million and is considered an active trust. The trust is administered out of New Jersey.
There may be other trusts that a person may have the right to file a claim against. A Maryland mesothelioma lawyer can review your case and determine if you may be able to file a claim with an asbestos trust.
Maryland Mesothelioma Lawsuits & Verdicts
Maryland has one of the highest rates of case filings for mesothelioma. Some notable victories published in the news range from $1.205 Million to $9 Million and include the following cases:
- $9 million – A woman in 2002 was awarded a jury verdict of $9 million after showing how she had been exposed to an asbestos joint compound from secondhand exposure attributed to her father who used the compound to make repairs in their home basement. The Maryland Court of Appeals upheld the verdict.
- $7.2 million – A jury awarded a couple a verdict of $14.5 million that was later reduced to $7.2 million due to claims against other potential defendants. The man had worked as a steamfitter where he may have come in contact with asbestos insulation. In 2018, a Maryland appellate court upheld the verdict.
- $8.069 million – A Baltimore jury awarded the family of a man who died from mesothelioma in 1993 at the age of 55. The man had worked as a mechanic for Ford Motor Co for 36 years and came into direct exposure to asbestos when repairing and replacing brakes and clutches that had asbestos. Ford appealed the decision, but it was upheld on appeal.
- $3.21 million – A woman was awarded a verdict after establishing secondhand exposure caused by her stepfather’s clothing that carried asbestos fibers on them in a case against Anchor Packaging.
- $7.729 million – A jury awarded the estate and family of a former boilermaker who worked at a Baltimore area shipyard from the 1950s to 1970s over $7 million against a contractor who installed asbestos-containing bulkhead panels on board ships that exposed the man to asbestos.
- $7.071 million – The jury awarded a vending machine operator and his wife over $7 million after the man testified about how he was exposed to asbestos dust from being on ships that were being constructed in Baltimore.
- $5.057 million – A security guard died from asbestos dust after being on ships that were constructed at a Baltimore shipyard. The man’s estate and his three daughters received a verdict in their favor for over $5 million.
- $2.686 million – The widow and three children of a deceased crane operator who worked at a Baltimore steel mill received a sizeable verdict. The man had been exposed to asbestos dust caused by insulation contractors.
- $15.3 million – A 73-year-old Halethorpe man developed terminal cancer after being exposed to exposure while working at a South Baltimore shipyard in the 1950s. He received a sizable verdict from a Baltimore jury in 2008.
- $2.93 million – The estate and eight children of a former steel mill worker received nearly $3 million from a jury verdict after there was testimony about how the worker had been exposed to asbestos dust while working as a production worker in a steel mill.
- $2.035 million – The estate, widow and four children of a production worker at a copper smelting company in Baltimore received a jury verdict of just over $2 million.
- $2.017 million – The estate and four surviving children of a production workers at a Baltimore copper smelting company received a jury verdict in their favor.
- $1.96 million – The estate and six children of a millwright at a Baltimore area steel mill received nearly $2 million. The man had worked as a millwright mechanic and came into contact with asbestos while working with brake linings.
- $1.205 million – After establishing that a former maintenance repairment had been exposed to asbestos dust from the defendant’s brake linings used on overhead canes, a jury awarded the estate, widow and surviving child over $1.2 million.
Maryland Mesothelioma Lawyers
Several personal injury attorneys in Maryland incorporate mesothelioma cases and asbestos litigation into their practice. Some of these firms that may become co-counsel include:
A law firm with offices in Bethesda and Baltimore, this office is conveniently located to serve residents of Maryland. The firm has a host of information regarding treatment options and other resources for families affected by mesothelioma. The firm assists with all aspects of mesothelioma legal services, including filing claims against the government and Social Security Disability claims on behalf of their clients. A founding partner of the firm has practiced asbestos litigation for more than 25 years.
A Ellicott City law firm that has provided assistance to Maryland plaintiffs who are diagnosed with mesothelioma . The firm attorneys are knowledgeable about mesothelioma and how individuals develop this deadly disease. The firm is comprised of dedicated attorneys who fight for the rights of personal injury victims. The firm’s mesothelioma litigation practice is multi-jurisdictional and has fought against major corporations. The firm attorneys have extensive litigation experience in toxic tort and product liability cases.
A law firm located in Hunt Valley, this boutique firm focuses on all aspects of asbestos litigation. It concentrates on the areas of personal injury, asbestos litigation and Social Security Disability. The attorney is admitted to practice in Maryland, Virginia and Pennsylvania.
