Are Mesothelioma Lawsuits Still Relevant Today?
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.
What Are Asbestos Bankruptcy Trusts and How Do They Affect Compensation?
If you or a loved one is pursuing legal action after being diagnosed with mesothelioma, you have probably heard about asbestos bankruptcy trusts. You may even have seen TV commercials promising “billions of dollars” in available funds, which make it seem like all of that money is potentially available to you. The reality, however, is that these ads are misleading, leaving many clients to wonder, “What exactly are bankruptcy trusts and how do they work in practice?”
Quick Answer: What Are Asbestos Bankruptcy Trusts?
Asbestos bankruptcy trusts are compensation funds created when companies responsible for asbestos exposure file for bankruptcy. Courts require these companies to establish trust funds so that people diagnosed with mesothelioma or other asbestos-related diseases can still receive financial compensation, even if the original manufacturer no longer exists.
Key Takeaways
- Asbestos bankruptcy trusts are created when manufacturers file for bankruptcy after facing large numbers of lawsuits related to asbestos exposure.
- Trust funds are designed to compensate current and future victims of mesothelioma and other asbestos-related diseases.
- Trust claims are administrative claims based on documentation showing diagnosis and exposure to the company’s asbestos products, not lawsuits.
- Payments from bankruptcy trusts may be lower than expected because trusts are required to preserve funds for future claimants.
- Some mesothelioma cases involve multiple trust claims based on exposure to asbestos products from several manufacturers.
- It can take months, or even years, to receive a payment from a bankruptcy trust fund.
- Mesothelioma victims can file trust claims and pursue litigation at the same time.
What Is An Asbestos Bankruptcy Trust?
After the health consequences of asbestos exposure became clear, manufacturers of asbestos-containing products faced an enormous number of legal claims from workers and others who developed mesothelioma and other asbestos-related diseases. The sheer volume of lawsuits and the amount of compensation demanded were so overwhelming that many of these companies ultimately filed for bankruptcy.
Rather than simply walking away from their obligations, however, these companies were required by the bankruptcy court to establish dedicated trust funds to ensure that people diagnosed with asbestos-related diseases today—and in the future—can still receive some form of compensation, even though the companies that made the products no longer exist as viable defendants.
It is important to note that most of the established asbestos bankruptcy trusts only cover exposures that occurred before December 31, 1982.
How Does An Asbestos Bankruptcy Trust Claim Work?
Bankruptcy trust claims, also referred to as mesothelioma trust fund claims, allow victims to seek compensation from companies that manufactured or sold asbestos-containing products and have since entered bankruptcy. Each trust operates according to its own set of rules and parameters, but most follow a similar process. To qualify for compensation under the trust, claimants must show:
- a diagnosis of mesothelioma or other asbestos-related disease
- evidence of exposure to that specific manufacturer’s product
- documentation linking the exposure to the individual’s work history or job sites
(a mesothelioma claim generally only requires one day of working with or around that company’s product)
Exposure can be proved in several ways: through a signed affidavit, deposition testimony where you describe working with the product, or by proving that you worked at a job site that has been pre-approved by the trust as a known location where their products were used.
It is important to understand that, unlike lawsuits, which are litigated in court, bankruptcy trust claims are administrative claims. They are reviewed by the trust based on documentation submitted by the claimant and their legal team and are generally non-negotiable.
Why Are Asbestos Trust Fund Payouts Smaller Than Expected?
This is the question we hear most often from clients. The answer lies in the fact that asbestos bankruptcy trusts are required by law to preserve funds for future claimants, including those who have not yet been diagnosed. Due to the long latency periods of asbestos-related diseases, someone exposed in the 1960s or 1970s may not be diagnosed until today, or even years from now, which is why these trusts are designed to last for generations of claimants.
Percentage Payments
At the time the trust is created, experts estimate the value of a “typical” mesothelioma claim for that particular company. For example, the trust might determine that a “typical” mesothelioma claim has an estimated value of $100,000. However, if the trust paid every claimant the full value of the claim, the fund would quickly run out of money.
To ensure that doesn’t happen, trusts apply what’s called a payment percentage, often somewhere between 10% and 30%, depending on the trust’s financial health and the number of expected future claims. This percentage reflects how much of the estimated value the trust can afford to pay while still ensuring funds remain available for future victims. The payment percentage is set by the trust and applies to everyone equally. For instance:
- Estimated value of a claim: $100,000
- Calculated payment percentage: 10%
- Actual payment to a victim: $10,000
Payment Adjustments
Payment percentages vary from trust to trust and can also change over time based on the trust’s financial projections and the number of expected claims. Trusts are required to reassess their payment percentages every three years. If a trust determines it can pay more, it will increase future payments and often send supplemental checks to those who already received less. On the other hand, if a trust’s financial position worsens, payment percentages can drop: some trusts that once paid at 80% now pay closer to 30%.
Multiple Trusts
It’s also important to keep in mind that, because many victims were exposed to asbestos products made by several manufacturers, it’s common for a single case to involve multiple bankruptcy trusts. Therefore, instead of one larger payment, a claimant could receive several smaller payments from different trusts over time. These payments may arrive months or sometimes years apart, depending on the individual trust’s review process.
In mesothelioma bankruptcy trust claims, unlike in litigation, there is generally no way to negotiate for more. This is understandably frustrating for victims, especially after seeing the commercials that deceptively promise access to seemingly endless funds.
Why Is It Taking So Long?
Another important reality is that trust claims don’t always resolve quickly. Well-established trusts like Johns Manville, for example, have been operating for decades and often process claims within a few months, while others take months or even years to pay out. The timeline can vary significantly because the trust may:
- review claims on a first-in, first-out basis
- request additional documentation
- conduct random audits to verify claims
While these steps can slow the process, they are designed to ensure the trust remains financially stable and pays legitimate claims fairly. We know this is hard to hear, especially when you’re dealing with a serious illness and financial pressures at the same time. Our team stays in close contact with these trusts and keeps you informed of where your claim stands.
Bankruptcy Trusts & Litigation: Two Roads to Compensation
In many mesothelioma cases, there are two avenues to financial compensation: bankruptcy trust claims and litigation.
Asbestos bankruptcy trust claims involve no courtroom, no jury, and no negotiation. You submit a claim that meets the trust’s criteria, and if approved, you receive the established payment.
Litigation against solvent companies involves a more active legal process and can result in significantly larger settlements or jury awards, because damages aren’t capped.
These two tracks often work together. A mesothelioma victim or their family can pursue trust claims related to bankrupt manufacturers while at the same time bringing a lawsuit against other companies responsible for their asbestos exposure.
Contact An Experienced Mesothelioma Attorney For Help
If you or a loved one has been diagnosed with mesothelioma, contact us to determine the best course of action for you and your family, whether it’s through trust claims or litigation or both. We will examine every angle of your case, pursue every avenue available to you, and walk you through each step in plain language so you always know where things stand.
If you have further questions about asbestos bankruptcy trusts or anything else related to your mesothelioma claim, please reach out to our team. We’re here to help.
FAQ
What is an asbestos bankruptcy trust?
An asbestos bankruptcy trust is a compensation fund created when a company responsible for asbestos exposure files for bankruptcy. These trusts pay claims to people diagnosed with mesothelioma and other asbestos-related diseases.
How much do mesothelioma trust funds pay?
The amount paid by a mesothelioma bankruptcy trust varies depending on the trust and the claimant’s exposure history. Each trust assigns a value to a mesothelioma claim and then applies a payment percentage—often between 10% and 30%—to preserve funds for future claimants. As a result, individual payments may range from several thousand dollars to tens of thousands of dollars per trust, and are set by the trust.
How many asbestos bankruptcy trusts exist?
There are currently more than 60 asbestos bankruptcy trusts that have been established in the United States.
Why are trust payments smaller than expected?
Trusts apply a payment percentage to preserve funds for future victims. Because asbestos diseases can take decades to appear, trusts must ensure compensation remains available for future claimants.
Can I file claims with more than one asbestos trust?
Yes. Many workers were exposed to asbestos products from several manufacturers, so a single case may involve claims with multiple trusts.
Can I still file a lawsuit if I receive trust compensation?
Yes. Trust claims and lawsuits are separate. A person may pursue trust claims against bankrupt companies while filing lawsuits against companies that can still be sued.