Chicago is known for many things – deep-dish pizza, Michael Jordan, the Sears Tower, Garrett’s Popcorn, the curse of the Billy Goat, architecture, a legacy of comedians, and an unparalleled food scene.
However, Chicago and Illinois are also known for something else—they have one of the largest asbestos dockets in the United States.
Chicago, located on critical waterways, was one of the most important transportation hubs in the United States. It currently is the largest rail hub with six of the seven largest railroads crossing through the city. The region is responsible for roughly 25% of all freight trains in the nation as it is the interchange point between the coasts.
Because of its location, Chicago grew fast and helped usher in the industrial age. The rise of industry was a double-edged sword. Chicago became a powerhouse city, a beacon of innovation and progress. But that came at a price that workers pay to this day.
The Expansion of Industry in Chicago
The history of Chicago’s Southside is a story built on steel—at one point, it was one of the largest steel producers in the world. After the Civil War, heavy industry became a staple of the area due to its cheap and abundant land, fresh water, railroads, access to waterways, and plentiful labor force. The Southside was far enough from the city to negate any harsh effects of industry but close enough to take advantage of the Chicago metro.
The four neighborhoods comprising the Southside contained a steel mill – U.S. Steel South Works in South Chicago; Wisconsin Steel in South Deering, Republic Steel in the East Side, and Pressed Steel in Hegewisch. Smaller mills and factories were scattered throughout the rest of the neighborhoods.
While steel started the boom, many other industries entered the city, helping its growth and expansion. The Ford plant opened in 1924 along the Calumet River while shipbuilding expanded along the river. Other factories and plants included the State Line Generating Station, Rialto Elevator, Star & Crescent Milling Company, and a General Mills Plant.
Today, the Calumet River banks are filled with empty spaces, bulk cargo handling facilities, scrap processing yards, and vacant properties. The only steel mill left is the Acme Riverdale Plant, which Mittal Steel now owns.
Asbestos Exposure in Chicago Industries
Illinois, particularly the city of Chicago, has a significantly higher rate of asbestos exposure than most other states. This elevated exposure has resulted in a disproportionate number of asbestos-related illnesses and fatalities – Illinois currently holds the seventh highest ranking in the nation for deaths attributed to asbestos exposure.
Cook, Lake, and DuPage counties are the areas with the highest concentration of deaths resulting from asbestosis and asbestos-related cancers, such as mesothelioma. This data spans a significant period, from 1999 to 2013, highlighting the long-term impact of asbestos exposure in these regions.
Historically, Illinois has been a hub for industries that extensively utilized asbestos, including construction, manufacturing, and shipbuilding. The widespread use of asbestos in these industries, coupled with inadequate safety measures and regulations, led to substantial exposure for workers and residents alike.
Furthermore, numerous older buildings containing asbestos materials, including factories, schools, and buildings, pose an ongoing risk. As these structures deteriorate, asbestos fibers can become airborne and inhaled, leading to potential health complications.
Illinois also has two Superfund (money set aside by the government to clean up toxic areas) sites. A superfund site is a contaminated area that the EPA finds and classifies. One Superfund in Illinois is the former Johns Manville site. It had over 3,000,000 cubic yards of wastewater polluted by asbestos and other toxic chemicals. The area surrounds Lake Michigan and is near the Illinois Beach State Park. Another Superfund site is in Havana, Illinois, at the Crescent Forge and Shovel, a defunct steel facility that operated for over 100 years, closed in 2008.
Filing an Asbestos Case in Illinois
Asbestos litigation is the longest-running mass tort in U.S. history. Cases are incredibly complex and involve product liability, negligence, personal injury, and wrongful death. In 2022, Madison County, Illinois, was considered a hotspot for asbestos litigation. It ranked No. 1 for asbestos lawsuit filings, accounting for approximately 26% of the nation’s mesothelioma cases.
In a recent report from KCIC, Madison County had 483 asbestos lawsuits, St. Clair County, Illinois, came in second with 389, and Cook County had 95. Overall, Illinois had three of the top five jurisdictions with the most asbestos lawsuits filed.
The reasons for this concentration are multifaceted. Madison County has developed a reputation for being a plaintiff-friendly venue, with juries often awarding substantial damages in asbestos cases. Additionally, due to the numerous suits filed, the county’s legal infrastructure and procedures have become well-versed in handling these complex cases, further solidifying its status as a hub for asbestos litigation.
The prevalence of asbestos litigation in Madison County also reflects the state of Illinois’s historical significance in industries with heavy asbestos usage. Throughout the 20th century, Illinois was a major center for manufacturing, construction, and other industrial activities that frequently employed asbestos-containing materials. This widespread use of asbestos led to a significant number of workers and residents being exposed to the hazardous substance, laying the groundwork for the numerous asbestos-related lawsuits that would follow in later decades.
Illinois has a two-year statute of limitations from the cause of action. It also has a “discovery rule” in asbestos cases, which means that the cause of action doesn’t start until the plaintiff knew or should have known that they had an asbestos-related disease.
In Illinois, mesothelioma patients can expedite their cases due to their terminal diagnosis. This fast-track process may allow cases to be tried within 6 months, significantly faster than the years-long wait times in other states.
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