Asbestos trust funds offer mesothelioma victims access to funds from manufacturers and suppliers that have been forced into bankruptcy by their asbestos liabilities, but a recent lawsuit filed by still-solvent asbestos companies is challenging the administration of those funds.
Ten States File Briefs Challenging Purge of Mesothelioma Claim Information
The asbestos trust funds had planned to purge thousands of claims related to mesothelioma and other exposure cases, but on April 15th, asbestos litigation defendants, including Johnson & Johnson, filed a lawsuit raising concerns about data destruction. Now, ten states have been granted approval to file a friend-of-the-court brief joining the asbestos companies. This coordinated action adds substantial weight to the original filing.
The amicus curiae brief argues that the proposed record purges would undermine states’ fraud detection efforts in mesothelioma cases and suggests that they represent a deliberate attempt to get around state transparency laws. The ten states—South Carolina, Alabama, Georgia, Iowa, Louisiana, Mississippi, Ohio, Texas, Utah, and Virginia—say that destroying these materials would have a significant and damaging impact on both ongoing and future lawsuits involving asbestos-related diseases.
Mesothelioma Defendants Launch Parallel Challenge
The asbestos companies are working to avoid destruction of comprehensive data collected from trust reimbursement claims in mesothelioma cases, including medical diagnoses, supporting medical records, exposure documentation, and product usage proof. Courts nationwide have increasingly recognized defendants’ legitimate interest in accessing information about plaintiffs’ trust claims in mesothelioma litigation, making this data crucial for case defense strategies.
The suit filed by the asbestos manufacturers and suppliers argues that because they are the targets of thousands of mesothelioma and other asbestos disease claims each year, they need access to records submitted to the trust funds by claimants. They accuse the trust fund administrators of specifically designing the purge plans to avoid producing this information. A hearing on the case is set for July 22, and the outcome could significantly impact how mesothelioma litigation proceeds nationwide.
If you or someone you love has been diagnosed with mesothelioma or another asbestos-related disease, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
