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Because there are no known naturally-occurring asbestos deposits in the state, most instances of asbestos exposure occur because of occupational exposure. Oklahoma relies heavily on its agricultural industry. Farmland Industries was once the largest agricultural cooperative in the United States and had many farmlands in Oklahoma. It was later linked to asbestos exposure for many of the coop’s members. Asbestos was often used in the machinery for agricultural processes in mills and food factories.
Another huge industry in Oklahoma is oil and gas. Oklahoma is the fifth largest producer of oil in the country and third in natural gas production. The first commercial oil well was established in the late 19th century. The state soon earned the name as the “Oil Capital of the World.” All but seven counties in the state have oil-producing wells. While the large oil supply has helped boost the local economy, it has also contributed to the asbestos exposure and (subsequently mesothelioma) rate in the state. Oil refineries often used asbestos to help prevent fires. Some oil refineries including the Hudson Refinery and the Oklahoma Refining Company were added to the Environmental Protection Agency’s Superfund sites.
W.R. Grace and Company shipped asbestos-contaminated vermiculite to over 25 locations across the nation, including to Oklahoma City, Duke and Southard. Individuals who processed these shipments may have been exposed to asbestos. These shipments occurred between 1948 and 1993.
Another occupation that could have exposed Oklahoma workers to asbestos is the automotive industry. Oklahoma is the largest tire manufacturer. The automotive industry has a history of occupational exposure to asbestos. Automotive products that included asbestos included insulation, brakes, gaskets and valves.
If you or someone you know has been diagnosed with mesothelioma or an asbestos-related condition, contact our law firm to learn more about compensation from claims and trusts.
Oklahoma (OK) Mesothelioma Diagnoses
Oklahoma is ranked 32nd in the nation for the number of mesothelioma and asbestosis incidents. There were at least 346 Oklahoma residents who were diagnosed with mesothelioma between 1999 and 2015. The highest incident of mesothelioma in the state is along the southern border of the state. There were over 144 Oklahoma residents who diagnosed with asbestosis and over 1,488 diagnosed with non-mesothelioma lung cancer.
The following cities had the majority diagnoses:
Oklahoma City, Tulsa, Norman, Broken Arrow, Lawton, Edmond, Moore, Midwest City, Enid, Stillwater, Muskogee, Bartlesville, Owasso, Shawnee, Yukon, Bixby, Ardmore, Ponca City, Duncan, Del City, Jenks, Sapulpa, Mustang, Sand Springs, Bethany, Altus, Claremore, El Reno, McAlester, Durant, Ada, Tahlequah, Chickasha, Miami, Glenpool, Woodward, Choctaw, Okmulgee, Elk City, Weatherford, Guymon, Guthrie, Warr Acres, Coweta, Newcastle, Pryor Creek, The Village, Clinton, Poteau, and Wagoner.
Oklahoma Asbestos Laws
Oklahoma has laws pertaining to filing a claim alleging asbestos exposure, including laws that determine when a lawsuit must be filed and what the plaintiff must prove in order to prevail in his or her civil claim against a defendant.
Statute of Limitations
The statute of limitations is the time limit that a claimant has to file a lawsuit against the defendant. Different states have different time limits. In Oklahoma, a plaintiff has two years from the date of diagnosis of mesothelioma or another asbestos-related medical condition to file a personal injury claim against the defendant. If the individual died from mesothelioma or another asbestos-related medical condition, the surviving family has two years from the date of death to file the lawsuit.
Court Exposure Standard
Many asbestos cases are brought on the state level and must meet the state’s requirement for establishing the defendant’s product caused exposure to asbestos. In Oklahoma, the court has explained that a plaintiff must prove that the defendant’s product was the cause of the injury. The plaintiff must establish the causal link between the product and exposure. This link must establish a significant probability that the defendant’s acts were related to the plaintiff’s injury. A mere possibility of exposure is not enough. A plaintiff can meet this standard by specifically identifying the defendant’s product and describing
how he or she handled them. The plaintiff may be able to testify about regular, direct and repeated contact with the products.
Oklahoma State Asbestos Regulatory Agencies
Oklahoma is subject to federal regulations regarding asbestos. It also has its own asbestos regulations that are implemented and enforced on the state level. The primary agency responsible for establishing and enforcing asbestos regulations in Oklahoma is the Oklahoma Department of Environmental Quality. This department provides the following definitions for asbestos:
- Friable asbestos material- Any material containing more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763 section 1, Polarized Light Microscopy, that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. If the asbestos content is less than 10 percent as determined by a method other than point counting by polarized light microscopy (PLM), verify the asbestos content by point counting using PLM.
- Regulated Asbestos Containing Material (RACM) – (a) Friable asbestos material, (b) Category I nonfriable ACM that has become friable, (c) category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, or (d) Category II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material expected in the course of demolition or renovation operations regulated by this subpart.
- Category I nonfriable Asbestos Containing Material (ACM) – asbestos containing packings, gaskets, resilient floor coverings, and asphalt roofing products containing more that 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, Section 1, Polarized Light Microscopy.
- Category II nonfriable ACM – any material, excluding Category I nonfriable ACM, containing more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy that when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.
Contractors in Oklahoma who perform asbestos abatement work are required to be licensed. The Oklahoma Department of Environmental Quality must be notified at least ten days before abatement commences in most cases. There are specific rules pertaining to how asbestos must be removed, including wetting requirements. It must also be properly transported and disposed of at a permitted site.
The Oklahoma Department of Labor is responsible for implementing asbestos policies in the workplace. It is responsible for enforcing the Oklahoma Asbestos Control Act, which includes the following definitions:
- Friable asbestos material – any material that contains asbestos of one percent (1%) or more that can be crumbled, pulverized or reduced to powder by hand pressure.
- Friable asbestos material abatement – the removal, encapsulation or enclosure of friable asbestos containing material.
Oklahoma Asbestos Site Exposure List
Some of the more prominent military installations, public buildings, commercial establishments and other locations that have been associated with asbestos in Oklahoma include:
- Tinker Air Force Base – Oklahoma City
- Fort Sill Army Base – Lawton
- S. Naval Ammunition Depot – McAlester
- Veteran’s Hospital – Muskogee
- University of Oklahoma – Norman
- Oklahoma Agricultural and Mechanical College – Stillwater
- American Airlines Maintenance and Engineering Center – Tulsa
- Sinclair Oil – Tulsa
- Conoco – Oklahoma City
- Texaco – Tulsa
- Phillips Petroleum – Ponca City
- Sun Oil – Tulsa
- Champlin Oil & Refining – Enid
- Hudson Refinery – Cushing
- Oklahoma Refining Company – Tulsa, Cyril
- Fourth Street Refinery – Oklahoma City
- Sunoco – Oklahoma City
- Gary-Williams Energy – Oklahoma City
- Oklahoma Gas & Electric Company – Oklahoma City
- Ponca City Municipal Electric System – Ponca City
- Garson Light & Power Company – Tulsa
- Ultramar Diamond – Oklahoma City
- Farmland Industries – Lamont
- Acme Flour mills – Oklahoma City
Oklahoma Asbestos Trust Funds
After asbestos companies were sued by hundreds or thousands of claimants, many of them went bankrupt. As part of the bankruptcy process, some of these companies set up special trusts that were designed to handle current and future claims. If an asbestos trust is available, a claimant can file a claim against it without going through the entire process of litigation.
In Oklahoma, there is one asbestos trust based on a company that was headquartered in Oklahoma. This is UNR Industries and UNARCO Industries Inc. The company headquarters was located in Wagoner. These companies filed bankruptcy in 1982 after tens of thousands of lawsuits were filed against them. The company established the UNR Asbestos Disease Personal Injury Trust in 1990 and reorganized. It was funded with $114 million. It is still considered active and is administered out of Illinois.
There may be other asbestos trusts that a claimant may have a claim against. Many of these companies had operations throughout the country, including in Oklahoma. An Oklahoma mesothelioma lawyer can help determine if a claim can be filed against an asbestos trust.
Oklahoma Asbestos and Mesothelioma Lawsuits
Most asbestos lawsuits are resolved well before a trial. When a case settles, the plaintiff may not be able to divulge for what amount the claim settled for as part of the settlement agreement. Asbestos claims throughout the country have resulted in hundreds of thousands of dollars or millions of dollars for many claimants.
There have been a few asbestos verdicts reported in the news involving unaffiliated law firms that are notable in Oklahoma including:
An Oklahoma County District Court jury awarded a gigantic amount to a 51-year-old man in 2015 after the man filed a product liability lawsuit against a dozen companies in 2012 after he was diagnosed with malignant mesothelioma. He was exposed to asbestos when he worked as a laborer and contractor in the 1980s and as a mechanic who performed brake and clutch repair during the early 1990s.
An Oklahoma City case resulted in a massive award in 2015 for a 49-year-old individual who developed mesothelioma after exposure to asbestos between the ages of 5 and 14. The award included a hefty portion in economic damages and an even larger amount for pain and suffering and other non-economic damages.
Oklahoma Mesothelioma Lawyers
Oklahoma has a few personal injury lawyers who work on mesothelioma and asbestos litigation that may be co-counsel including:
A law firm with offices in Edmond, Moore, Norman and Oklahoma City, with several convenient locations where lawyers can meet clients who have been adversely affected by asbestos exposure. The firm attorneys are very knowledgeable about how exposure often occurs in the workplace. The firm is focused exclusively on plaintiffs’ personal injury cases, so they have a focused concentration on this practice area.
A personal injury firm that has offices in McAlester and Tulsa. The firm’s attorneys bring decades of legal experience with them, most of which has been spent fighting for the rights of injured individuals throughout Oklahoma. The attorneys are well-versed in asbestos history and how individuals could have been exposed to this dangerous substance. The firm has had many substantial victories for their clients and settlements in toxic tort cases. They provide assistance to clients with disability claims.
An Oklahoma City law firm that is a full-service firm that provides assistance in a number of practice areas, including personal injury law. The firm offers national experience and resources by tapping into other national law firms that are experienced at bringing asbestos claims against the companies responsible for exposure. The firm has successfully represented clients in thousands of cases throughout the state. They also assist clients with disability claims.
