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Wisconsin has a long history of asbestos use, dating back to the 1800s. A prominent appliance manufacturer produced coal-wood burning furnaces and asbestos-lined stoves, beginning in the 1890s. Metal workers were also exposed to asbestos, which was often used to line boilers, furnaces and equipment. Asbestos was an ideal mineral in this application due to its resistance to fire and its durability.
Another industry associated with a high rate of asbestos exposure is paper mills. Asbestos was often used in the insulation of paper mills and other factories. Additionally, asbestos was used to aid the drying process and in adhesives. Some of the cities in Wisconsin with the highest rates of mesothelioma were current or former locations where paper mills thrived. Wisconsin is home to some of the largest paper product companies in the country.
Workers who worked in vermiculite processing plants were at a heightened risk for asbestos exposure due to the potential regular exposure to vermiculite ore contaminated with asbestos. Workers at Koos, W.R. Grace and similar plants could have been exposed to the dangerous substance.
Like in many other states, a primary source of asbestos exposure to workers in Wisconsin was power companies. Asbestos was commonly used to insulate against electricity and heat. Asbestos was also commonly used in other applications, including being used to line baby bottle warmers and in construction materials like roof shingles and joint compound. Asbestos was commonly used to construct older homes. When asbestos is disturbed, its fibers can become airborne and be ingested by those around them.
Wisconsin Mesothelioma Diagnoses
Wisconsin is ranked 15th in the country for the number of mesothelioma diagnoses. There were a minimum of 955 Wisconsin residents who were diagnosed with mesothelioma between 1999 and 2015. With a rate of 11.4 per million people per year, Wisconsin has a much higher mesothelioma diagnosis rate than the national average. Mesothelioma diagnoses are much higher in urban parts of the state, including Milwaukee, Green Bay and Duluth. Former sites of paper mills like Kenosha, Waukesha and Madison also have higher rates of mesothelioma diagnoses. Between 1999 and 2013, there were at least 281 Wisconsin residents were diagnosed with asbestosis and another 4,032 diagnosed from non-mesothelioma lung cancer. Other locations of high diagnoses in the state of WI are Racine, Oshkosh, and Appleton.
Wisconsin Asbestos Laws
Wisconsin’s laws on the statute of limitations and court exposure standard can directly impact asbestos litigation.
Statute of Limitations
The statute of limitations is the time limit that a plaintiff has to file certain types of cases. In Wisconsin, the statute of limitations for a personal injury claim based on asbestos exposure is three years. The three-year time limit starts from the date of diagnosis, not the date of exposure. This law protects individuals who have developed mesothelioma or other asbestos-related conditions, which often do not show symptoms until decades after exposure. If the medical condition resulted in the victim’s death, the surviving family has three years from the date of death to file the lawsuit.
Court Exposure Standard
Most asbestos cases are brought on the state level in which claimants must meet the burden of proof established by the state. In asbestos cases, plaintiffs must usually establish a causal link between the defendant’s product and the plaintiff’s mesothelioma or other asbestos-related medical condition. Most states use the Lohrmann test, which requires showing the defendant’s product was a substantial factor in the plaintiff developing mesothelioma. Wisconsin uses a similar test, requiring plaintiffs to show that the defendant’s negligence was a substantial factor in contributing to the cause of the victim’s illness. It is not enough to have the mere possibility or speculation of such causation. However, Wisconsin applies a substantial factor concept only where the cause of an accident is not determined by its most immediate factor. All substantial factors that allegedly contributed to the injury must be considered. Including total product exposure evidence.
Wisconsin State Asbestos Regulatory Agencies and Regulations
The state regulatory agencies primarily responsible for the regulation and enforcement of rules related to asbestos in Wisconsin are the Wisconsin Department of Health Services and the Wisconsin Department of Natural Resources. Individuals who perform asbestos abatement or management activities are required to be trained and certified in Wisconsin. Before demolishing or renovating a facility, the owner must have it inspected for asbestos and must give notification of a demolition at least 10 working days before beginning the project regardless of how much asbestos is found. This material must be removed according to specific standards, including wetting procedures. Any asbestos removed from the project must be disposed of according to state regulations. Individuals who violate these state laws are subject to citations between $500 and $5,000 per violation per day.
The state uses the following definitions for asbestos:
- Asbestos – Chrysotile, crocidolite, amosite, fibrous tremolite, fibrous actinolite or fibrous anthophyllite.
- Asbestos-containing material – Asbestos or any material or product which contains more than one percent of asbestos.
Wisconsin Asbestos Site Exposure List
Some of the prominent paper companies, power plants, shipyards, metalwork factories and other prominent industrial locations throughout Wisconsin that may have exposed individuals to asbestos include the following:
- Fraser Shipyards – Superior
- Marinette Marine – Marinette
- Fincantieri Bay Shipbuilding – Sturgeon Bay
- Koos, Inc. – Kenosha
- Western Mineral Products – Milwaukee
- Foster-Forbes Glass Company – Burlington
- Owens-Illinois, Inc. – Madison
- American Can Company – Milwaukee
- Malleable Iron Range (Monarch) – Beaver Dam
- Ladish Company – Milwaukee
- Madison Gas & Electric Company – Madison
- Milwaukee Central Power Station – Milwaukee
- Consolidated Papers – Wisconsin Rapids
- Green Bay Paper and Pulp Company – Green Bay
- Badger Paper Mills, Inc. – Peshtigo
- Fort Howard Paper Company – Green Bay
- Georgia-Pacific – Neenah
- International Paper – Manitowac
- Riverside Paper Corporation – Appleton
- Charmin – Green Bay
- Fox River Paper Company – Appleton
- Kimberly Clark – Neenah
- Peavey Paper Mills, Inc. – Ladysmith
- Scott Paper Company – Marinette
- Filter Materials, Inc. – Waupaca
- Hankscraft – Reedsburg
- L. Spencer Manufacturing Corporation – Milwaukee
- J. Schwab and Sons – Milwaukee
- Four Wheel Drive/Seagrave – Clintonville
- Jaeger Insulation – West Bend
- B. Schauble Mill & Dam/Waubeka Mill & Dam – Fredonia
- Proctor and Gamble – Green Bay
- Zeigler and Johanning Grist and Sawmill – Sheboygan
Wisconsin Asbestos Trusts
Many asbestos companies faced significant liability when the dangers of asbestos exposure became public knowledge. Many consumers, workers and others inflicted with mesothelioma or other asbestos-related condition filed lawsuits against asbestos manufacturers. Many of these asbestos companies could not face this liability and filed bankruptcy. Some of these companies established special trusts to handle current and past claims. When a trust of this nature is available, a claimant may be able to file a claim against it for damages without going through the entire process of litigation.
In Wisconsin, P&H Mining Company was a crane manufacturer headquartered in Milwaukee. The company used asbestos in its brakes and other product components. The company filed bankruptcy in 2006. It was bought by Jay Global and established a trust with an unknown amount of funds. Residents of Wisconsin may have a claim against this trust or another asbestos trust. A Wisconsin mesothelioma lawyer can explain whether you may have a viable claim against an asbestos trust.
Wisconsin Mesothelioma & Asbestos Lawsuits
Wisconsin has not seen many mesothelioma lawsuits make their way all the way to trial, which is on par with many other states. Some litigants initially bring a lawsuit, which may receive public attention. For example, a man and his wife filed a lawsuit against four asbestos suppliers in 1999. However, after the man died from mesothelioma in 2001, the court dismissed the case. The victim’s family filed a second lawsuit that named the same defendants, but the case was also dismissed. The case was granted an appeal from the dismissal against one defendant, but there were no public updates on the case after that point. Many asbestos companies decide to settle out of court to avoid a sizable verdict against them.
In 2001, the Wisconsin Verdict and Settlement Reporter disclosed an award of $3.615 million to the surviving family of a mesothelioma victim who died from mesothelioma.
Wisconsin Mesothelioma Law Firms
There are several mesothelioma attorneys throughout Wisconsin who include mesothelioma and asbestos litigation as part of their practice and become co-counsel. Some of these include:
A law firm has four locations in Wisconsin, including two in Milwaukee. The firm focuses on personal injury cases, including representing individuals harmed by asbestos exposure. They have been in practice for more than 30 years. They provide thorough counseling services to their clients so that they can make well-informed decisions.
A law firm located in Racine, Wisconsin, that is recognized for its advocacy and significant results. It focuses on helping individuals in Wisconsin and northern Illinois who are affected with asbestos-related diseases. The firm’s attorneys have assisted asbestos victims for more than 30 years. The attorneys have experience with uncovering local evidence to prove their cases and are familiar with local court procedures. They have archives of evidence that demonstrates where asbestos products were used throughout Wisconsin and an extensive list of witnesses who can testify about this use and the dangers of asbestos.
A local Wausau, Wisconsin firm that has extensive knowledge regarding the use of asbestos in the state and how people may have been exposed to this dangerous substance. The firm’s attorneys also have a keen understanding of the complex legal issues surrounding asbestos litigation. The firm works with a team of mesothelioma attorneys who have recovered verdicts and settlements for mesothelioma victims and their families. The firm has recovered millions for mesothelioma victims in Wisconsin. The firm can also file claims against any applicable asbestos trust.
A Milwaukee firm that focuses exclusively on personal injury and wrongful death cases. The firm’s attorneys are seasoned trial attorneys who are not afraid to take their case to trial. They have represented victims and families throughout Wisconsin, as well as clients in many other states. The firm has secured millions in multiple mesothelioma and asbestos wrongful death cases.
