Asbestos, once hailed as a miracle mineral for its heat resistance and strength, has left behind a dangerous legacy. While it was widely used in a variety of industries for decades, it’s now recognized as the primary cause of mesothelioma, a rare and aggressive cancer.
The mesothelioma attorney at Vogelzang Law understand the history of asbestos regulation in the United States and the continued risks of exposure. They can help mesothelioma patients by guiding them through the steps to pursue a legal claim, securing compensation to help pay medical expenses, and easing the financial burden of a mesothelioma diagnosis.
The Early Use of Asbestos and Its Dangers
For much of the 20th century, asbestos was extensively used in construction materials, automotive parts, and even household products. It was lauded for its durability and resistance to heat, fire, and chemicals, making it valuable in industries like shipbuilding, manufacturing, and construction.
However, behind the façade of usefulness lurked a silent killer. By the mid-20th century, alarming studies began to emerge linking asbestos exposure to fatal diseases, most notably mesothelioma.
Mesothelioma is an aggressive cancer affecting the lining of the lungs, abdomen, and heart, often only appearing decades after exposure. Workers in asbestos-heavy industries, as well as their families (who could be exposed through fibers brought home on clothing), became the most vulnerable victims.
The tragedy is that much of this risk was avoidable. Evidence shows that asbestos companies knew the dangers but failed to warn the public or their workers. Despite mounting evidence of its health risks, asbestos continued to be used in products for decades, with many of these items still present in homes, schools, and workplaces today.
Asbestos Litigation and Legislation in the U.S.
As awareness of asbestos-related diseases grew, so did the legal battles. The first major asbestos lawsuit in the U.S. was filed in 1969 by a worker named Clarence Borel, who developed mesothelioma after years of working with asbestos. His case paved the way for countless others as more workers and their families began seeking justice for their exposure.
In response to the growing number of lawsuits, the U.S. government took steps to regulate asbestos use. In 1973, the Environmental Protection Agency (EPA) banned spray-applied asbestos products used for fireproofing and insulation. Additional restrictions followed, including banning certain asbestos-containing products in the 1980s.
In 1989, the EPA issued a more comprehensive ban on asbestos under the Toxic Substances Control Act (TSCA). This move was seen as a turning point in the fight against asbestos, as it aimed to gradually phase out its use in the U.S. However, this ban was short-lived.
In 1991, the Fifth Circuit Court of Appeals overturned much of the EPA’s ban, leaving a patchwork of regulations instead of a full ban. As a result, asbestos remains legal in certain products to this day.
Is Asbestos Fully Banned in the U.S.?
Contrary to what many people believe, asbestos is not fully banned in the United States. While its use has decreased significantly over the years, it is still allowed in some products.
In 2019, the EPA issued a final rule under the TSCA that restricted the use of asbestos but did not ban it outright. This rule allows certain “legacy” uses of asbestos to continue, meaning that asbestos can still be found in a range of products, such as chlorine manufacturing, automotive parts, and construction materials.
One of the major concerns is that asbestos remains in older buildings and products. Homes, schools, and workplaces built before the 1980s are likely to contain asbestos in materials such as insulation, roofing shingles, floor tiles, and cement.
As long as these materials remain intact, the risk of exposure may be minimal, but once they are disturbed—through renovations, repairs, or demolition—the asbestos fibers can become airborne, posing a serious health risk to those in the vicinity.
The Risks of Asbestos Exposure Today
Although regulations have reduced the use of asbestos, the risk of exposure is far from eliminated. According to the EPA, asbestos-related diseases, including mesothelioma, continue to claim the lives of thousands of Americans each year.
Workers in certain industries, such as construction, auto repair, and shipbuilding, are still at risk of exposure, as are people who live or work in older buildings that contain asbestos materials.
One of the major challenges is the long latency period of asbestos-related diseases. Mesothelioma can take 20 to 50 years to develop after exposure, which means that many people who were exposed decades ago are only now receiving a diagnosis. For some, this diagnosis comes as a complete shock, as they may not have been aware of their exposure or the dangers of asbestos at the time.
The Path to Justice for Those Diagnosed with Mesothelioma
If you or a loved one has been diagnosed with mesothelioma, the diagnosis can feel overwhelming. In many cases, individuals are unsure how they were exposed to asbestos and may not even remember encountering it.
You are not to blame for your illness. Asbestos companies, manufacturers, and other entities knowingly exposing people to asbestos bear responsibility for the resulting harm.
At Vogelzang Law, we understand the pain and fear that accompany a mesothelioma diagnosis. We also know how crucial it is to pursue justice for those affected.
Our mesothelioma attorneys have a deep understanding of the legal landscape surrounding asbestos cases. We work with clients nationwide to build strong cases and seek compensation for the harm caused by asbestos exposure.
How Vogelzang Law Can Help You Build a Case
When pursuing a mesothelioma claim, there are several steps involved in building a case:
Identifying the Source of Exposure
One of the most challenging aspects of mesothelioma cases is determining where and when the exposure occurred. Because the disease often takes decades to develop, it can be difficult to pinpoint the exact source of asbestos exposure.
Our attorneys work with clients to carefully trace their history of potential asbestos contact, whether through direct exposure in the workplace or secondary exposure at home.
Documenting the Extent of the Damage
Mesothelioma causes physical suffering as well as significant financial and emotional hardship. In mesothelioma cases, the costs of treatment, travel for specialized care, and ongoing support can be substantial, adding to the emotional and physical toll of the disease. Compensation in these cases aims to alleviate financial toxicity by helping cover medical bills, lost income, and other related expenses, providing families with stability during a challenging time.
Financial toxicity refers to the overwhelming financial burden that often accompanies a serious illness like mesothelioma. This term highlights how medical expenses, lost wages, and long-term care costs can create significant stress for individuals and their families. Studies have shown financial toxicity is associated with worse physical and emotional long-term outcomes after traumatic injury.
At Vogelzang Law, we gather comprehensive evidence of these damages to present a compelling case for compensation. With experience handling asbestos cases nationwide, we understand the complexities of building a case and pursuing justice for mesothelioma victims.
