Skip to content
Mesothelioma.net
phone iconCall1-800-692-8608 chat icon Chat 24/7 Live Chat
Menu
  • Malignant Mesothelioma
    • About Mesothelioma
      • How to Survive Mesothelioma
      • 100 Questions & Answers about Mesothelioma (Free Book)
      • Symptoms
      • Diagnosis
      • Prognosis
      • Life Expectancy
    • Types
      • Pleural
      • Peritoneal
      • Epithelioid
      • Sarcomatoid
      • Biphasic
    • Stages
      • Stage 1
      • Stage 2
      • Stage 3
      • Stage 4
    • Additional Information
      • Causes
      • Asbestos and Its Dangers
      • Facts
      • Support
      • Financial Compensation
      • FREE Mesothelioma Packet
  • Treatment
    • Treatment Options
      • Surgery
      • Chemotherapy
      • Radiation Therapy
      • Multimodal Therapy
      • Medications
      • Palliative Treatment
    • Find Top Doctors
      • Doctors
      • Treatment Centers
      • Treatment & Doctors Near You
      • New Treatments
      • Care Providers
      • Clinical Trials
      • Costs
  • Asbestos Trusts
  • Compensation
  • Veteran Assistance
    • Mesothelioma and Veterans
      • VA Claims for Mesothelioma
      • Vietnam Veterans
    • Military Branches and Asbestos
      • Navy Veterans
      • Navy Ships
      • Marine Corps Veterans
      • Army Veterans
      • Air Force Veterans
      • U.S. Coast Guard
  • Surviving Mesothelioma
  • About Us / Contact

California Bill Inspired by Mesothelioma Victim Becomes Law

Published on October 13, 2021

Like many other mesothelioma victims, after receiving his terminal diagnosis 82-year-old Alfonso Rocciola filed a personal injury lawsuit against the companies that exposed him to asbestos. But his claim died when he did because under California law the damages he would have won were not available to his survivors. That injustice has been resolved with the passage of new state law that will allow family members to collect “pain and suffering” damages, even after their loved one has died.

Laws Prohibiting Posthumous Damages Impact Mesothelioma Victim’s Families

Prior to passage of Senate Bill 447, California was one of only a few states that prohibit posthumous damages to survivors of mesothelioma victims and others whose deaths are deemed negligent. Similar laws remain on the books in Florida, Idaho, Colorado, and Arizona, largely as a result of lobbying by insurance companies that wanted to minimize the amount that they pay out. 

The laws have been particularly difficult for those diagnosed with mesothelioma, an aggressive form of cancer with extremely short survival times. Asbestos companies have successfully limited their liability by dragging out court proceedings until victims died. According to a member of Consumer Attorneys of California, “A wrongdoer should not get a financial benefit if their victim dies before they have to compensate them.”

Current Law Means that When Mesothelioma Victims Die, So Do Their Claims

Mr. Rocciola’s mesothelioma diagnosis followed decades of supervising construction projects in the San Francisco area. He filed suit in hopes that the companies responsible would be assessed damages and his family would be taken care of after he was gone. Unfortunately, he died before the trial began.

The new law will take effect in January of 2022, but even though it has been signed it will not benefit any mesothelioma victims who die between now and then. It will only be in effect for four years.

If you or someone you love has been diagnosed with a terminal disease like malignant mesothelioma, there is help available to you. For information, contact the Patient Advocates at Mesothelioma.net at 1-800-692-8608.

FREE Mesothelioma Packet

Written by Terri Oppenheimer

Terri Heimann Oppenheimer
Terri Heimann Oppenheimer is the head writer of our Mesothelioma.net news blog. She graduated from the College of William and Mary with a degree in English. Terri believes that knowledge is power and she is committed to sharing news about the impact of mesothelioma, the latest research and medical breakthroughs, and victims’ stories.

Learn more about and contact Terri
  • Malignant Mesothelioma
    • Treatment
    • Asbestos Trusts
  • Compensation
    • Veteran Assistance
    • Surviving Mesothelioma
  • FREE Mesothelioma Packet
    • Mesothelioma News
    • About Us / Contact
  • Privacy Policy
    • Disclaimer
    • Editorial Guidelines and Standards
This website is certified by Health On the Net Foundation. Click to verify. This site complies with the HONcode standard for trustworthy health information: verify here.
The information provided by Mesothelioma.net is not a substitute for professional medical advice, diagnosis or treatment.

Mesothelioma.net

5430 LBJ Freeway Suite 1200
Dallas, Texas 75240

Serving mesothelioma victims nationwide

1-800-692-8608

  • facebook
  • twitter
© 2022 Mesothelioma.net