Many people believe that the declining use of asbestos in the United States means that mesothelioma is not a disease of the past. But new data from NERA Economic Consulting’s 18th annual review of asbestos litigation trends shows that rather than declining, the number of mesothelioma diagnoses in the United States rose 7% in 2023, more than erasing declines recorded the previous year.
Mesothelioma Incidence Fell in 2022, Rebounded in 2023
According to figures from the National Cancer Institute’s Surveillance, Epidemiology, and End Results (SEER) program, mesothelioma diagnoses in the United States rose 7% in 2023. Though the disease is linked to exposure to a material whose use has declined dramatically in the last fifty years, mesothelioma doesn’t begin to show symptoms until decades after asbestos exposure. The 2023 statistics are the most recent made available to the public, and they confirm that new patients are still being diagnosed at a steady, and even growing, pace. The report also found that the incidence of lung cancer, which can also be caused by asbestos exposure, rose 7% in 2023 and has now exceeded pre-pandemic levels.
Behind each mesothelioma and lung cancer statistic, there is a patient and a family suddenly facing difficult medical and financial decisions. Unfortunately, the NERA report also notes that these victims are being diagnosed at the same time that the legal environment is becoming more challenging. The report shows an increasing number of asbestos-related lawsuits are being dismissed, representing a reversal of a growth trend from the year before.
This by no means indicates that mesothelioma cases are not worth pursuing, but rather that the number of cases that are progressing through the court system has returned to roughly the levels seen in 2017 and 2018. Though there are many possible reasons for this trend, one possibility is that the claims being dismissed may have suffered a lack of documentation or experienced representation.
Mesothelioma Cases Depend on Documentation
Successful mesothelioma lawsuits connect a victim’s diagnosis to specific asbestos exposure. Because these exposures generally took place 20, 30, or 40 years before symptoms arose, a claim must do an excellent job of reconstructing the victim’s exposure history. This may include employers, job sites, military service, and the products handled on the job. When the case involves secondhand exposure, such as a family member bringing asbestos dust home on work clothes, that background also needs to be traced carefully. Coworkers who remember the conditions, old pay stubs, union records, and service records can all help build that picture.
Mesothelioma often moves quickly, and memories and records can be hard to recover over time. Victims who begin gathering information soon after diagnosis give themselves the best chance of preserving the details their case will need to succeed. An experienced mesothelioma attorney can help identify exposure sources, locate supporting evidence, and determine which companies may be responsible. With more patients being diagnosed and courts dismissing more claims, careful preparation is one of the most important steps a family can take.
If you or a loved one has been diagnosed with mesothelioma or asbestos-related lung cancer, the Patient Advocates at Mesothelioma.net can ensure that you have the resources you need. Call us today at 1-800-692-8608 to learn more.
