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Virginia has many naturally-occurring asbestos deposits throughout the state, being found in at least 24 of the 95 counties in the state. The industry with an elevated risk of asbestos exposure in Virginia is power plants. Asbestos often lined boilers, furnaces and other components of a building and equipment due to its heat and flame-resistant qualities. Power plant workers could have been exposed to the dangerous substance when working near asbestos insulation. Additionally, when there are tornadoes, disasters or renovation projects that involve older buildings, structures or homes, workers can be exposed to asbestos that has become dislodged and released airborne fibers.
Virginia also had a thriving shipbuilding industry. These professions are associated with an increased risk of asbestos exposure due to asbestos being used in many components of ships.
Virginia Mesothelioma Diagnoses
Virginia is ranked 11th in the country for the number of mesothelioma and asbestosis diagnoses. Between 1999 and 2015, at least 875 Virginia residents were diagnosed with mesothelioma. Virginia has a much higher mesothelioma incident rate than other states with approximately 15 diagnoses per million people each year. The highest incident rates for mesothelioma are in the eastern portion of the state, the national capital region and the coastlines of Chesapeake Bay and the Atlantic Ocean. There were more than 719 Virginia residents who were diagnosed with asbestosis and more than 4,616 who were diagnosed with non-mesothelioma lung cancer. Virginia cities with the most asbestos exposures are the following: Richmond, Norfolk, Arlington, Roanoke, Newport News, and Portsmouth
Virginia Asbestos Laws
Virginia’s laws regarding filing deadlines and the court exposure standard can have a direct impact on mesothelioma litigation.
Statute of Limitations
The statute of limitations is the time limit that people have to make certain legal claims. In Virginia, the statute of limitations for personal injury claims is two years. Virginia’s statute specifically says that the two years start after the victim’s physician communicates a diagnosis of mesothelioma, asbestosis, interstitial fibrosis or other disabling asbestos-related injury or disease. The statute of limitations is two years for wrongful death claims brought by the family, which is two years from the date of death.
Court Exposure Standard
Many asbestos cases are brought on the state level. Each state establishes a different standard for what the plaintiff must prove in order to be able to meet his or her burden of proof. The most common standard that courts use 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. However, the Virginia courts have specifically rejected this test, finding that the definitions across jurisdictions vary. Virginia courts have held that exposure to asbestos must be a “sufficient cause,” meaning that exposure is more likely than not sufficient to cause mesothelioma. Meeting this burden of proof requires that experts provide testimony as to the level of exposure. If the plaintiff alleges that he or she was exposed to multiple sources of asbestos, he or she must show that each defendant’s product alone was a sufficient cause. Each of these defendants can be held responsible for the plaintiff’s damages unless there is competent medical testimony that states otherwise.
Virginia Asbestos Regulatory Agencies and Regulations
The Virginia Department of Labor and Industry regulates asbestos use. Virginia law defines asbestos as: “any material containing more than one percent of asbestos by weight, which is friable or which has a reasonable chance of becoming friable in the course of ordinary or anticipated building use.”
Virginia law requires the contractor or property owner to provide written notification to the state before commencing any asbestos project of 10 linear feet or 10 square feet or more. This notification must be provided on a specific form that must account for certain information. This notification must be provided at least 20 days before the project is commenced.
Virginia Asbestos Site Exposure List
Job sites in Virginia associated with possible asbestos exposure involved in industries such as shipbuilding, power plants, mills, refineries and military operations include the following:
- Swells Point Naval Complex – Norfolk
- Naval Amphibious Base Little Creek – Virginia Beach
- Portsmouth Naval Shipyard – Norfolk
- Colonna’s Shipyard – Norfolk
- National Shipyards – Alexandria
- Lyon Shipyard – Norfolk
- Newport News Shipyard – Newport News
- Norfolk Naval Shipyard – Norfolk
- Asbestos Mines – Richmond
- Virginia Vermiculite, LLC – Louisa County
- North Anna Powerhouse – Louisa County
- Charleston Nuclear Power Plant – Charleston
- North Anna Nuclear Power Plant – Mineral
- BFI King and Queen Landfill – Little Plymouth
- First Piedmont Industrial Landfill – Ringgold
- Surry Nuclear Power Plant – Surry County
- Potomac Electric Power Company – Alexandria
- Dan River Power and Manufacturing Company – Danville
- Virginia Electrical and Power Company – Richmond
- Smith Gap Regional Landfill – Catawba
- Maplewood Recycling and Waste Disposal Facility – Jetersville
- Little Creek Amphibious Base – Norfolk
- Garlock Sealing Technologies
- John Crane, Inc. – North Chesterfield
- Crown Cork & Seal – Winchester
- E Luke Green Company, Inc. – Bristol
Virginia Asbestos Trust Funds
Many asbestos companies were sued after the link to asbestos exposure and mesothelioma was realized by workers and consumers. These companies often faced significant liability and hundreds or thousands of lawsuits. As a result, many of these companies declared bankruptcy. Some of these companies then later established special asbestos bankruptcy trusts. These trusts were responsible for handling claims from asbestos claimants. When an asbestos trust is available, a full lawsuit may not need to be filed and a claimant may be able to receive compensation through the trust claim.
Virginia has two known and active asbestos trusts of this nature. The C.E. Thurston & Sons, Inc. Asbestos Trust was developed after the company produced insulation materials that it distributed to thirteen states. These products had asbestos in them until 1970 when the company stopped using the dangerous substance. Facing liability stemming from their products, the company declared bankruptcy in 2003. The company was later reorganized and established the trust in 2006. The trust is administered out of Falls Church, Virginia and has estimated funds of $53 million.
Pneumo Corporation and Abex Corporation established the Pneumo Abex Asbestos Claims Settlement Trust after the companies merged in 1978. The company faced daunting liability and declared bankruptcy in 2001. The company established the Portsmouth trust in 2011 with estimated funds of $307 million.
A Virginia mesothelioma lawyer can explain whether you may have a viable claim against one of these trusts or others.
Virginia Mesothelioma and Asbestos Lawsuits
Many mesothelioma and asbestos related lawsuits do not make their way all the way to trial. Many are settled for undisclosed amounts prior to trial. Plaintiffs often are not able to reveal the amount of such settlements due to confidentiality agreements. Some notable Virginia asbestos verdicts that were reported in the public media ranging from $4.3 Million to $25 million:
- $25 million – A Newport News, Virginia jury awarded $25 million to a former worker at Newport News Shipbuilding in 2011 against Exxon. After working as a shipfitter and repair supervisor throughout the 1960s and 1970s, the worker developed an asbestos-related disease. The worker alleged that Exxon was aware of the dangers of asbestos exposure decades before the man’s exposure and failed to warn shipyard workers and others about them.
- $10.4 million – A family of a former Newport News Shipbuilding worker was awarded $10.4 million in 2008 after the man died from mesothelioma.
- $5.5 million – The widow of a former Newport News Shipbuilding was awarded $5.5 million in 2009 after filing a claim against John Crane, Inc. and Garlock Sealing Technologies. The widow also received a settlement for an undisclosed amount.
- A Newport News jury returned a verdict of $4.39 million in 2016 in favor of a 59-year-old shipbuilding and drydock worker after developing mesothelioma in 2006.
Virginia Mesothelioma Law Firms
There are a number of Virginia lawyers who have mesothelioma and asbestos exposure as part of their practice areas that may become co-counsel include:
A law firm that was established decades ago. The firm tackled its first asbestos case prior to most and has represented victims of mesothelioma and other asbestos-related diseases. The firm’s attorneys have successfully held negligent asbestos manufacturers responsible for their actions. The firm has recovered hundreds of high profile results for its clients, including being part of a notable verdict in Virginia. The firm’s attorneys have achieved national recognition for their client advocacy and results. They have also stood behind legislation that allows mesothelioma patients to pursue legal recourse for their damages.
A law firm that has offices and takes cases in Washington, D.C., Maryland and Virginia. The firm’s attorneys offer more than a decade of experience defending the rights of injury victims throughout these jurisdictions. They have successfully recovered compensation for mesothelioma victims and victims of other personal injuries. They have also helped improve laws to protect the rights of injury victims.
A personal injury law firm that has offices in Maryland and Virginia. It has represented individuals and families who are physically and financially harmed by the negligence of others, including tackling complex cases involving asbestos exposure. The firm has been associated with successful verdicts for victims of mesothelioma and other asbestos-related diseases.
A Virginia Beach law firm that provides competent legal representation to asbestos and mesothelioma victims. The firm’s attorneys have extensive knowledge about the various causes of mesothelioma, including secondhand exposure. The attorneys have worked diligently since the 80’s to helping clients recover compensation for the damages that they have sustained. Their dedicated service has allowed them to recover considerable verdicts for clients.
With three conveniently-located offices in Charlottesville, Harrisonburg and Staunton, clients can easily access the attorneys in the state. This law firm provides assistance to individuals injured from asbestos exposure, car accidents, medical malpractice and other negligent acts. It believes in making every case trial ready and focuses on preparation. The firm also uses advances in technology to remain on the cutting edge of the law.
