As a young man in the 1960s, Tommy Lineberger spent his summers working construction sites in North Carolina, never knowing that as he drove bulldozers and spackled walls, asbestos dust surrounded him and would eventually lead to mesothelioma. He died in 2018, two years after being diagnosed, and his family has been trying to get justice on his behalf ever since.
Mesothelioma Victims Denied Justice as Bestwall Bankruptcy Stalls
Mr. Lineberger’s family is one of thousands of mesothelioma victims and families who blame Georgia-Pacific for their asbestos exposure, and whose claims against the company have been in limbo for nearly nine years. Georgia-Pacific is worth an estimated $20 billion, and its parent company, Koch Industries, is worth more than $125 billion, but it used the controversial Texas Two-Step maneuver in 2017 to transfer its asbestos liabilities to a subsidiary which then filed for Chapter 11 bankruptcy. This strategy, which has been attempted by several asbestos companies over the last few years, has effectively prevented cancer victims and their families from pursuing lawsuits or receiving any compensation.
According to an attorney representing mesothelioma cancer victims in the case, “This company isn’t bankrupt, and they’re abusing the system.” Like Mr. Lineberger, many of the tens of thousands of mesothelioma victims with claims pending against the company have died waiting for relief. Since 1979, Georgia-Pacific has spent more than $2.9 billion defending asbestos claims while remaining profitable, and by 2005, the company faced nearly $1 billion in mesothelioma and asbestos liability. Rather than compensate victims, it has pursued placing its liabilities in a bankruptcy subsidiary.
Mesothelioma Families Fear Companies Will Outlast Victims’ Families
The U.S. Supreme Court has twice denied petitions to hear the mesothelioma case, and courts have consistently declined to rule on whether the Texas Two-Step is an abuse of the bankruptcy system. New court filings indicate that Bestwall may dismiss its current case and file a new Chapter 11 bankruptcy. Victims’ attorneys say this would force families to choose between accepting less-favorable settlements than jury verdicts might produce, or face years of additional litigation. With mesothelioma victims facing grim prognoses and their family members aging, victims’ representatives fear the company is deliberately dragging the case out, but will continue seeking justice.
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
