Many mesothelioma victims pursue litigation against the asbestos companies that exposed them to the toxic material. Most name multiple defendants whose products contained asbestos or who supplied the carcinogen. When plaintiffs win, the jury apportions the amount of compensation each defendant must pay based on numerous factors. But a decision made in 2020 by the Pennsylvania Supreme Court established that in strict liability asbestos cases, damages should be split per capita among defendants, and that bankruptcy trusts can be included.
Decision Emerged Following Asbestos Lung Cancer Claim
The significant change to how mesothelioma and asbestos claims are managed emerged from a claim filed by William Roverano, a former PECO employee diagnosed with lung cancer. His claim sought compensation as a strict liability case rather than a negligence case. After the verdict, two of the defendants sought a ruling asking for the state’s Fair Share Act to be applied to compensation.
The asbestos defendants’ request was denied, but through a series of appeals and opposing motions, the claim ended up in front of the state’s Supreme Court, which held that Pennsylvania common law required equal apportionment among joint defendants in strict liability actions. They noted that this was particularly important in mesothelioma and asbestos cases because it would be “impossible” to apportion blame in a rational manner.
Effect of Decision on Mesothelioma Claims
The state Supreme Court’s decision, which was made in 2020, has had a profound impact on how mesothelioma claims have been managed in Pennsylvania since then. Many note that this interpretation supports the idea that “each and every exposure” to asbestos contributes to potential illness. This had previously explicitly been disallowed by the courts.
The decision also negates the need for mesothelioma defendants to distinguish between different types of asbestos that an individual plaintiff has been exposed to, and will complicate cases in which plaintiffs sue for both strict liability and negligence, with the latter still being judged based on degree of recklessness or disregard.
If you or someone you love has been diagnosed with malignant mesothelioma or another asbestos-related disease, it is important to work with knowledgeable advocates who understands all aspects of the disease and how it will impact you. For experienced and compassionate help, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
