Alabama (AL) Asbestos And Mesothelioma General, Medical, & Legal Resources

Last Updated: August 22nd, 2008

Alabama (AL) Asbestos Resources & Information:

At least one veteran of asbestos litigation called the region from Mobile to Pascagoula, Alabama, the "[asbestos] screening hub of the universe". That's because the Mobile area is home to numerous "screening companies"--small businesses that run ads such as "Do You Have MILLION-DOLLAR Lungs?"

Unfortunately, many of diagnoses from these mass "screenings" by unqualified, untrained personnel--which have been discussed elsewhere on this site--no longer hold up in court in most cases.

The prevalence of such operations is part of the unique history of asbestos in Alabama.

Alabama's Industries

Many of the industries where asbestos exposure was common could be found in Alabama. It is home to no fewer than eight power generation plants, six steel and iron mills, four oil refineries and two marine construction and repair sites. Alabama Drydock & Shipping Co. and Bender Shipbuilding were two prominent employers along the Gulf Coast.

In addition, Kimberly-Clark, a major pulp and paper mill, had plants within the state. One of the most significant industrial customers for asbestos however was the Cement Asbestos Company.

Asbestos, when added to Portland cement, created a substance that was at once heat and cold resistant, flexible, and extremely durable. For that reason, it was widely used in a number of community water systems throughout the state.

The Buried Time Bomb

Several hundred miles of asbestos pipe is still carrying water to homes and schools in over eighty communities in Alabama.

The people whose job it is to oversee these water systems say that they "doubt their pipes ever leached asbestos fibers into the drinking water." Nonetheless, they have no proof that it hasn't occurred. Most of these systems have never been tested; the few that have were last tested in 1994.

Even worse, in Ragland--where the pipes were produced--people have used these asbestos pipes to build fences on their properties.

Protecting the Corporations--Again

While many people in Alabama have been exposed to asbestos, Alabama courts have not made it easy for those who contract asbestos disease (or any other kind of occupational illness) to seek relief in the courts.

As you may be aware, all states have a statute of limitations--a period of time within which they must file an asbestos claim, or forfeit the right to sue. Today, because of what is called the discovery rule, that statute of limitations begins when an asbestos victim is diagnosed.

Before the discovery rule, the statute of limitations began at the time of exposure. Since the symptoms of asbestos disease usually do not appear until decades afterwards, this created a problem, as the statute of limitations had run out by the time a potential plaintiff developed symptoms.

Alabama was among the first states to allow such a discovery rule that would allow patients who develop asbestos diseases to sue within a year of their diagnosis. However, the Alabama law applies only to asbestos cases--and only to those exposed after 19 May 1980 and who have been professionally diagnosed. Of course, most victims of mesothelioma and lung cancer even today were exposed long before this date.

Alabama also refuses to apply discovery to those whose illnesses were caused by other toxic substances. This rejection of the discovery rule has had bizarre results: for example, a man who developed leukemia twelve years after his last exposure to benzene was told the statute of limitation had expired and he had no claim. On the other hand, he could not file a claim before his diagnosis, because there was no basis.

Essentially, Alabama law has made it virtually impossible for most victims to sue corporations for recovery of damages. In 2007, the leukemia case (Cline v. Ashland) went all the way to the U.S. Supreme Court. Not surprisingly, the Supreme Court refused to hear it.

'Alabama (AL) Asbestos, Asbestos Cancer & Mesothelioma General Resources'
  1. Centers, Jessica. "Multiple Water Systems Still Use Asbestos Pipe." Aniston Star, 24 July 2005.
  2. Curran, Eddie. "Diagnosing for Dollars?" Mobile Register, 4 April 2004.
  3. Mesothelioma Blog. "The Statute of Limitations--Fairness for Whom?" Mesothelioma News, 1 August 2007.
    Accessed: 19 October 2007.

 

Asbestos Danger: Alabama (AL) Job Sites

Over the course of the last century, hundreds of thousands of workers were exposed to asbestos while on the job – and for the most part, they were not warned. Below is a list of Job sites covered on Asbestos.net from the state of Alabama (AL) where workers were potentially and unnecessarily put at risk:

 

Alabama (AL) Asbestos & Mesothelioma Doctors

The diagnosis and treatment of asbestos-related cancers and other diseases is gradually becoming a sub-specialty in the field of medicine all its own. However, as of the present time, there is no medical degree that is specific to asbestos-related practice.

Most doctors focusing on asbestos disease today are trained in oncology, thoracic surgery, respiratory or occupational medicine, or some related field. Below is a list of doctors in Alabama (AL) that specialize in some form of asbestos cancer or mesothelioma treatment and the institution they are currently affiliated with:

 

Alabama (AL) Asbestos & Mesothelioma Treatment Centers

Today, between 25 and 30% of all Americans will get some form of cancer during their lifetimes. There are many reasons for this, including the modern lifestyle and the poisons that have been put into the environment – of which asbestos is a prime example.

The number of clinics and hospitals that specialize in oncology have increased in response to the growing number of patients. Below is a list of the cancer treatment centers located in Alabama (AL) that we feature on Asbestos.net:

 

Clinical Trials Serving Alabama (AL):

A clinical trial is when new medications and treatments are tested on human subjects. Participation in such studies can entail some risks, but for some who are facing an invariably fatal disease, they also represent an opportunity – not only for personal relief, but to serve the greater good in the advancement of medical knowledge.

Below is a list of clinical trials with locations in Alabama (AL):

Alabama (AL) Legal Resources: Asbestos, Asbestos Cancer & Mesothelioma

The people of Alabama have reason to be concerned about mesothelioma; the state is filled with shipyards, factories and construction sites that have been the source of asbestos exposure for a large number of the state's citizens. And while the legal climate in Alabama looks favorably on affording "wrongful death" damages to the loved ones of those who have died because of mesothelioma, the state does not make adequate legal reparations for those people who are currently suffering from this asbestos-related disease. A recent U.S. Supreme Court decision further denies the rights of those in Alabama to bring suit.

Two major mesothelioma court cases in Alabama have been pro-victim. The first, from 1991, was Pace v. Armstrong World Industries, Inc., in which the Alabama Supreme Court determined that the family members of people who die of asbestos-related disease could legally collect "wrongful death" damages. This court case was particularly important because it said that these damages could be collected regardless of whether the victim's own claims would have been disallowed due to Alabama's restrictive statute of limitations. It was the first litigation in the state that allowed for some sort of reparation to be made for the family even after the statute of limitations for the victim's claims had run out. But this is obviously an after-the-fact remedy that does not allow for litigation by victims on their own behalf.

The second case, from 1995, was Owens-Corning Fiberglass Corp. v. Gant. In this case, the Alabama Supreme Court ruled that the jury was properly allowed to determine whether those bringing suit were exposed to Owens Corning's asbestos-containing products. It also held that consolidation of the cases for one trial was appropriate. The most important part of this litigation is the fact that it allows many people who suffered exposure to asbestos to sue a single company for that exposure. In many instances, this can allow for a stronger case for the plaintiffs than could be had by individuals pursuing legal action on their own.

Of more concern to the victims of asbestos-related disease is a recent court case that was appealed to the U.S. Supreme Court. The Alabama court had ruled that those seeking redress for damages due to diseases caused by toxic substances must file suit within two years of their exposure to the substance, but only after they become sick. As four of the dissenting justices in the Alabama Supreme Court observed, that ruling created an insurmountable "Catch-22" in which it may be physically impossible for victims, for whom symptoms usually do not appear until years after asbestos exposure, to file suit. With mesothelioma, the disease may not manifest within that two-year period of exposure, particularly if exposure levels were low. This creates a situation in which some victims are unable to pursue legal action because of a statute of limitations that doesn't reasonably apply to this disease. The case was appealed by Public Justice, a non-profit legal services organization that describes itself as fighting "for justice through precedent-setting and socially significant individual and class action litigation" (http://www.publicjustice.net). In a setback for plaintiffs, however, the U.S. Supreme Court made the decision not to hear the case.

As a result of the Supreme Court decision, it currently stands as law in Alabama that victims of mesothelioma have only two years after exposure to demonstrate signs of illness to the court if they are interested in pursuing legal action. In that case, they can pursue action as individuals; alternatively a group of affected individuals may come together to pursue action against a company. If the two-year statute of limitations has run out, the only compensation available is in the form of a wrongful death suit by the remaining family members upon the death of the mesothelioma victim.

'Alabama (AL) Asbestos, Asbestos Cancer & Mesothelioma Legal Resources' Sources:
  1. Mesothelioma News: Helpful Information for People with Mesothelioma. “Legal Information: Alabama”.
    Accessed: 23 July 2007
  2. Public Justice. “Public Justice Asks U.S. Supreme Court to Overturn Alabama High Court's Denial of Toxic Tort Claims”.
    Accessed: 23 July 2007
  3. Injury Board. “U.S. Supreme Court Refuses to Hear Toxic Exposure Death Case”.
    Accessed: 23 July 2007