[breadcrumb]
Ohio has several cities that are known as industrial hubs for a variety of industries. It has also been the headquarters of several asbestos manufacturers, potentially contributing to the high number of mesothelioma and related diagnoses in the state.
Cincinnati was the headquarters for Phillip Carey Manufacturing Corporation, which mined asbestos for use in insulation products. Cleveland was the headquarters for the North American Refractories Companies that produced a number of products that were heat-resistant and friction-resistant.
The Dana Corporation was established in Toledo. It produced a wide variety of asbestos-containing products, including brake pads, gaskets and seals. Toledo was also the headquarters for Owens-Corning Fiberglass Corporation, a major manufacturer of insulation that contained asbestos.
Scotts Company in Marysville received contaminated vermiculite from Libby, Montana that had asbestos mixed in with it. At just this site alone, more than 430,000 tons of the material was processed.
The steel industry is large in Ohio. The state has several large steel corporations. Historically, this industry used asbestos to insulate its equipment and building. Machinists, conductors and other workers in steel mills could have been exposed to asbestos from their work.
Asbestos was also often used in the shipbuilding industry. Asbestos was used in ships’ gaskets, boilers, insulation and other construction materials. Thousands of employees worked in shipyards located in Cleveland and other areas in the state.
Oil refineries used asbestos for insulation and in their equipment. The state had major refineries in it, including BP, Sunoco and Clark Refining. Power plants also relied on heat-resistant asbestos in their insulation, as well as in gaskets, pipes and fire doors.
If you or a loved one was diagnosed with mesothelioma, contact our law firm to learn more about your legal rights for filing a lawsuit or a trust claim.
Ohio Mesothelioma Diagnoses
Cleveland is ranked sixth in the country for the number of mesothelioma cancer and asbestosis incidents. There have been at least 1,939 Cleveland residents who were diagnosed with mesothelioma between 1999 and 2015. Jefferson and Washington County ranked in the top 50 counties in the United States for mesothelioma diagnosis rates from 2000 to 2009 when adjusted for age. More than 805 Cleveland residents were diagnosed with asbestosis and another 7,368 were diagnosed with non-mesothelioma lung cancer between 1999 and 2013.
Most diagnoses have occurred in the following Ohio Cities: Cincinnati – Cleveland – Columbus – Dayton – Canton – Akron – Toledo
Ohio Asbestos Laws
Ohio has a series of laws related to pursuing compensation for mesothelioma victims. These laws determine when the case must be filed, what the plaintiff must prove and other criteria that must be met in order to file a suit of this nature.
Statute of Limitations
The statute of limitations is the time limit by which a claim must be made. There are different statutes of limitations for different causes of action. In Ohio, there is a two-year statute of limitations from the date of diagnosis to pursue a personal injury claim for asbestos exposure. Additionally, there is a two-year statute of limitations for wrongful death claims. This action must be brought by the surviving family members within two years from the victim’s date of death.
Court Exposure Standard
Most asbestos exposure cases are brought in state courts. Plaintiffs must meet the applicable court exposure standard in order to meet their burden of proof. Different states have different exposure standards in asbestos cases. The most common standard is the Lohrmann test in which the plaintiff must show that the defendant’s product was a substantial factor in the plaintiff developing mesothelioma or another asbestos-related condition. Ohio uses this standard and has a statute that specifies what the plaintiff must prove. According to this statute, the plaintiff must show that he or she was exposed to asbestos that was manufactured, supplied, installed or used by the defendant and that this exposure was a substantial factor in causing harm. The court considers various factors when determining whether exposure was substantial, including the manner in which the plaintiff was exposed to the asbestos, how close the defendant’s product was to the plaintiff when exposure occurred, the frequency and duration of the plaintiff’s exposure to the defendant’s asbestos and any factors that enhance or mitigate the exposure. It is not enough to show that the defendant’s product was present at the place of work to meet this burden.
Medical Criteria
As part of the state’s tort reform, Ohio laws were passed that require plaintiffs in certain cases to meet certain medical criteria in order to pursue their claim. These laws seek to limit frivolous lawsuits by people who were not really injured by asbestos exposure. Plaintiffs in asbestos litigation must show that a medical provider has taken a detailed occupational, medical and smoking history. Additionally, they must show that they were diagnosed with a permanent respiratory impairment as the American Medical Association defines it. Furthermore, the claimant must show that the plaintiff has an abnormal chest x-ray and pulmonary function tests that indicate asbestos was the cause of the impairment. The plaintiff must meet all of these criteria in order to bring a lawsuit. If he or she cannot meet the criteria, the court will dismiss the case.
The requirements also list specific criteria for doctors that make the diagnosis. The health care provider must have a doctor/patient relationship with the plaintiff. He or she must spend less than 25 percent of their time serving as court witnesses and consultants.
Ohio State Asbestos Regulatory Agencies
The Ohio Department of Health’s Asbestos Program transferred to the Ohio Environmental Protection Agency in 2018 to enforce asbestos regulations.
Asbestos is defined as “asbestiform varieties of chrysotile or serpentine, amosite or cummingtonitegrunerite, crocidolite or riebeckite, actinolite, tremolite, and anthophyllite,” according to state law.
Ohio Asbestos Exposure Site List
Some of the more prominent military installations, public facilities and employers in Ohio that may have exposed individuals to asbestos include:
- Wright Patterson Air Force Base – Dayton
- NASA Glenn Research Center – Cleveland
- Jackson Elementary School – Maumee
- Ashland University – Ashland
- Bluffton University – Bluffton
- Ohio State University – Columbus
- Oberlin Gas and Electric Company – Oberlin
- H. Sammis Generation Station – Stratton
- Conesville Power Plant – Conesville
- Muskingum River Power Plant – Beverly
- Chem-Dyne – Hamilton
- American Shipbuilding Company – Cleveland
- Scotts Company – Marysville
- Ohio Cast Products – Canton
- Phillips Carey Manufacturing Company – Cincinnati
- North American Refractories Company – Cleveland
- Dana Corporation – Toledo
- F. Goodrich Chemical Company – Akron
- Firestone Tire & Rubber Company – Akron, Canton
- Owens-Corning Fiberglass Corporation – Toledo
- Stark Ceramics – Canton
- Electrode Corporation – Chardon
- LTV Steel Works – Cleveland
- Norfolk Southern Railway Company – Cleveland
- Allied Waste/Republic Services – Cleveland
- Apex Manufacturing – Dayton
- National Cash Register Company – Dayton
- Kaiser Aluminum Fabricated Products – Heath
- H&< Demolition Company – Holland
- Laskin/Poplar Oil Company – Jefferson
- Mansfield – AK Steel
- Rapid American – Newark
- Honey Creek Contracting Company – Petersburg
- Heeling-Pittsburgh Steel – Steubenville
- General Motors Corporation – Dayton
- Champion International Paper Mill – Hamilton
- Wheeling Steel Corp – Martins Ferry
- Armco Steel Corporation – Middletown
- Sun Oil Company Refinery – Toledo
Ohio Asbestos Trusts
Asbestos trusts were formed after companies that manufactured or used asbestos products faced liability from workers and consumers who were exposed to asbestos. In many situations, hundreds or thousands of lawsuits ensued, causing many of these companies to claim bankruptcy. As part of the bankruptcy process, some of these companies formed asbestos trusts that were responsible for handling claims from injured parties. When an asbestos claim is available, a claimant does not have to go through the entire process of litigating a lawsuit.
Ohio has several companies that were headquartered in the state that established these trusts. A-Best Products made safety clothing that contained asbestos. The company was forced into bankruptcy in 2002 after facing numerous lawsuits. It established the A-Best Asbestos Settlement Trust in 2004. It has estimated funds of $18 million. The trust is administered out of New Jersey.
The Bondex Trust produced sealants and cement products that contained asbestos. It filed bankruptcy in 2010 and established a trust in 2016 as part of a joint reorganization of multiple companies. It has estimated funds of $800 million. The company is headquartered in Medina and the trust is administered out of Illinois.
The North American Refractories Company Asbestos Personal Injury Settlement Trust was established in 2013 to handle outstanding asbestos claims for Honeywell and North American Refractories Company, which is headquartered in Cleveland. The trust has estimated funds of $6.32 billion and is administered out of Virginia.
Owens Corning Fiberglass is headquartered in Toledo. It produced fiberglass insulation products that contained asbestos in them. The company filed bankruptcy in 2000 and established the Owens Corning Fiberboard Asbestos Personal Injury Trust in 2006 with estimated funds of $1.56 billion.
Dana Corporation, headquartered in Maumee, manufactured brake pads, gaskets, thermal linings and other automotive parts that contained asbestos. The company formed a Voluntary Employee Beneficiary Association trust to pay out claims stemming from employees who were affected by asbestos.
Ohio Asbestos and Mesothelioma Lawsuits
Like many other states, Ohio has seen its fair share of asbestos litigation. The vast majority of these cases are resolved well before a trial. Many of these cases result in confidential settlements in which the amount of money provided to the plaintiff cannot be disclosed due to confidentiality agreements. Some of the results disclosed by public media of cases handled by unaffiliated law firms that did make it to trial include:
- A Cuyahooga County Common Pleas Court jury awarded a enormous dollar figure in 2014 to a 40-year-old professor who had developed mesothelioma. The jury found that the man had been exposed to asbestos as a child when his father brought home asbestos fibers from his job as a brake pad manufacturer. The verdict included a large portion in non-economic damages.
- A Cleveland jury in 2018 provided a substantial award to the family of an electrician who had died after developing mesothelioma who was exposed to asbestos on the job.
- In 2000, a Cuyahooga County Common Pleas Court judge awarded the family of a former mechanic an hefty sum of money. Twelve asbestos manufacturers and distributors were named in the case. The man consulted with mechanics and was exposed to asbestos dust from the brake performed by one of the defendants.
Ohio Mesothelioma Lawyers
There are several local firms in Ohio that represent individuals who develop mesothelioma and other asbestos-related conditions who may become co-counsel in trial that include:
A law firm that has represented the interests of Ohio clients for over 30 years. They are commonly retained to help individuals in Ohio who have developed mesothelioma and other asbestos-related health conditions. The firm’s attorneys have spent decades helping hundreds of individuals with mesothelioma, helping them secure substantial recoveries. The firm’s attorneys have been recognized for their client advocacy and their ethics. They use a three-pronged approach to secure compensation for their clients, including filing a claim with asbestos trusts, filing a workers’ compensation claim and pursuing a lawsuit against the negligent party.
A Columbus-based personal injury law firm helps clients throughout the state who have been diagnosed with mesothelioma and other asbestos-related medical conditions. The firm focuses on personal injury and wrongful death claims, many of which stem from bad products and consumer class actions. The firm’s attorneys have litigated thousands of cases and secured hundreds of millions of dollars in verdicts and settlements for their clients. They have been recognized in several national publications.
A law firm that has been in place for more than 32 years, working its way to become an award-winning firm and recognized leader in the legal industry. The firm specializes in working on complex cases involved in personal injury, pharmaceutical and complex consumer litigation. They pride themselves on the ability to observe nuances of the law. They rely on a highly-trained staff. The firm has a track record of success, including substantial awards through verdicts and settlements. The firm is dedicated to helping the Ohio community through diligent legal representation and a focus on customer service.
This law firm has over 10 locations throughout the state of Ohio, providing a convenient location for clients to visit. The firm has has put their experience to use by aggressively pursuing maximum compensation on behalf of their clients. The firm’s attorneys are well-versed in asbestos and mesothelioma cases. They can help file claims against bankruptcy trusts, as well as lawsuits against defendants who are responsible for their exposure.
This law firm has five office locations throughout Ohio. It is one of the oldest law firms in Ohio that focuses on workers’ compensation cases, including making claims regarding asbestos exposure. The firm has an established history of assisting coal mining workers to pursue maximum compensation through workers’ compensation claims. They assist injured workers at all levels of their claims.
