Yes. Mesothelioma continues to affect thousands of Americans each year. For victims and their families, asbestos lawsuits remain an important avenue to pursue compensation and accountability.
It’s easy to assume that because asbestos use has declined in recent years as a result of regulation, mesothelioma litigation must also be winding down. However, asbestos-related diseases such as mesothelioma remain a serious public health concern, and asbestos litigation is one of the longest-running mass torts in American history.
At Shepard O’Donnell, we are committed to representing victims of asbestos exposure and their families. The sources of exposure and the nature of these cases may have evolved, but the need to hold responsible companies accountable has not changed.
Key Takeaways
- Mesothelioma remains a serious health concern. Thousands of Americans are still diagnosed each year, often decades after asbestos exposure.
- Asbestos exposure remains a risk today. Legacy asbestos in older buildings, equipment, and products can still expose workers and others to dangerous fibers.
- Non-industrial sources of exposure are important to consider. Deeper investigations into asbestos-contaminated talc products are expanding our understanding of where and how exposure may have occurred.
- You don’t have to work directly with asbestos to develop mesothelioma. Secondary exposure and contaminated consumer products may also put you at risk.
- Compensation may still be available. If you’ve been diagnosed with mesothelioma, you may be eligible to pursue an asbestos lawsuit, bankruptcy trust claim, or both.
- Deadlines matter. Massachusetts generally has a three-year statute of limitations for mesothelioma personal injury claims, but determining when that period begins requires an individual assessment.
Why Are People Still Being Diagnosed With Mesothelioma?
Although overall exposure levels have dropped, mesothelioma diagnoses remain surprisingly steady. According to the American Cancer Society, about 3,000 new cases of malignant mesothelioma are reported in the United States every year.
Long Latency
One reason new cases continue to emerge is the disease’s exceptionally long latency period. The National Cancer Institute (NCI) confirms that symptoms of asbestos-related diseases may not appear for 10 to 50 years or even longer after exposure. This means individuals exposed to asbestos in the 1960s, 1970s, or 1980s may only now be receiving a mesothelioma diagnosis. In many cases, the exposure occurred decades before the person had any reason to suspect they were at risk.
Legacy Asbestos
Although asbestos is no longer widely used in American manufacturing, it has not disappeared from our environment.
While the Environmental Protection Agency (EPA) finalized a rule banning ongoing uses of chrysotile asbestos in March of 2024, this ban does not eliminate “legacy asbestos”, or the asbestos that is already present in older buildings, equipment, or products. A separate risk evaluation of legacy asbestos, examined the dangers associated with materials such as:
- insulation, pipe coverings, and older floor and ceiling tiles
- automotive components, including brakes and gaskets
- construction materials disturbed during renovation, demolition, or repair
- older industrial machinery and equipment containing asbestos components
The EPA concluded that disturbing legacy asbestos poses unreasonable risks to human health. To this day, construction workers, demolition crews, and maintenance personnel may still face particularly high risks when cutting, sanding, or grinding asbestos-containing materials.
Non-Traditional Sources of Exposure
Investigators continue to identify less-recognized sources of asbestos exposure, expanding the scope of mesothelioma cases beyond traditional industries such as shipbuilding, construction, and manufacturing. These investigations are bringing new attention to consumer products and certain industrial materials that may have exposed people to asbestos without their knowledge, sometimes decades ago. One increasingly scrutinized source of asbestos exposure is talc.
The Hidden Dangers of Talc
Talc and asbestos are both naturally occurring silicate minerals that share similar chemical compositions and geological environments. Because they frequently form side by side in the earth, raw talc deposits are highly susceptible to natural asbestos contamination.
The FDA has long warned of potential asbestos contamination in talc-containing consumer products, such as baby powder, cosmetics, and other personal care items. Any time powdered talc is applied, millions, even billions, of microscopic fibers are released into the air. If these fibers are contaminated with asbestos and inhaled, they can lodge in the lungs and eventually lead to malignant mesothelioma. Recognizing this serious public health concern, the EPA specifically included asbestos-containing talc in its 2024 asbestos risk evaluation.
For individuals diagnosed with mesothelioma who have not worked in traditionally high-risk workplaces, talc-containing products warrant closer investigation. Establishing liability in these complex cases requires proving a direct link between a specific contaminated product and the resulting disease.
Recent talc-related lawsuits have resulted in jury verdicts awarding tens of millions and in some cases hundreds of millions of dollars. For example, recent lawsuits against Johnson & Johnson have resulted in substantial jury verdicts, including a $65.5 million award in Minnesota and a verdict exceeding $1.5 billion in Maryland in December 2025, although such awards may be reduced or overturned on appeal.
At Shepard O’Donnell, we actively investigate talc exposure across diverse environments, including consumer products and occupational contact, such as in auto body repair shops.
Can You Develop Mesothelioma Without Working Directly With Asbestos?
Yes. Not everyone diagnosed with mesothelioma has a history of working directly with asbestos-containing materials.
The NCI recognizes that exposure occurs in workplaces, homes, and communities and that secondary or “take-home” exposure is an important source of risk. For decades, industrial workers unknowingly brought home asbestos dust on their clothing, hair, and tools, exposing family members who laundered work clothes or lived in close contact.
Exposure can also occur when asbestos-containing materials are disturbed during residential renovations or when airborne fibers are released as a result of nearby industrial, construction, or demolition projects. Similarly, when asbestos-contaminated talc products release dust into the air during use or handling, family members or others can be exposed alongside the person using them.
Because tracing these non-occupational exposure pathways often requires reconstructing decades of family employment, residential, and product history, an experienced legal team is essential to a successful talc claim.
Is Compensation Still Available for Mesothelioma Victims?
Yes. Individuals diagnosed with mesothelioma still have viable legal options to pursue compensation, even if their exposure occurred decades ago. Depending on the case, financial recovery may come through asbestos bankruptcy trust claims, civil lawsuits, or a combination of both.
Asbestos Bankruptcy Trust Claims
Over the years, many of the companies facing asbestos-related liabilities have declared bankruptcy and some have established court-ordered trusts to compensate victims. These asbestos bankruptcy trusts are one potential source of compensation for qualifying claimants. Each trust has its own eligibility requirements, review procedures, and payment schedules. Unlike a traditional lawsuit, a trust claim generally involves submitting documentation establishing a qualifying diagnosis and exposure that meets the trust’s criteria. While process timelines vary and payout percentages are typically a fraction of full claim value, trusts can offer one path to financial recovery.
Mesothelioma Lawsuits
Victims can also file lawsuits against companies that manufactured, distributed, or supplied asbestos-containing products or were otherwise legally responsible for their exposure. These cases may result in negotiated settlements or, when a case proceeds to trial, jury verdicts. Unlike asbestos bankruptcy trusts, which use established payment procedures and percentages, litigation allows damages to be evaluated based on the specific circumstances of the case.
Importantly, these two avenues are not necessarily mutually exclusive. A person may be eligible to file claims against bankruptcy trusts while also pursuing litigation against other responsible companies.
How Long Do I Have to File a Mesothelioma Lawsuit in Massachusetts?
Massachusetts generally has a three-year statute of limitations for personal injury and wrongful death claims, including mesothelioma lawsuits. However, because mesothelioma often develops decades after asbestos exposure, determining when that three-year period begins is especially important.
The clock generally starts ticking when the victim knew, or reasonably should have known, of both their illness and its connection to the defendant’s wrongful conduct. Calculating this deadline depends on nuanced medical and legal facts, and individuals should consult an attorney as soon as possible after a diagnosis.
Why Mesothelioma Litigation Still Matters
Even though much of the asbestos exposure responsible for today’s mesothelioma diagnoses may have occurred decades ago, its consequences are still being felt. And as investigations uncover less-recognized sources of exposure, the scope of mesothelioma litigation continues to evolve.
For individuals and families facing a mesothelioma diagnosis, pursuing a legal claim can provide answers about how and where exposure occurred, identify the companies responsible, and help secure compensation for medical expenses, lost income, and other damages.
At Shepard O’Donnell, we have spent decades representing victims of asbestos exposure and we remain committed to investigating even the most complex exposure histories to help families pursue the justice they deserve. We have helped hundreds of individuals and families obtain compensation for their injuries, regularly reaching settlements or verdicts in the millions.
If you think you might have a mesothelioma case in Massachusetts, we encourage you to contact us. We are happy to offer you a free case evaluation.
