Alabama (AL) Mesothelioma, Asbestos Cancer, and General Asbestos Resources
Alabama (AL) Asbestos Information:
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Share ArticleAt 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 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
While many people in Alabama have been exposed to asbestos, Alabama courts have not made it easy for those who contract an asbestos disease (or any other kind of occupational illness) such as asbestoses or mesothelioma 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 or mesothelioma claim, or forfeit the right to sue. Today, because of what is called the discovery rule, that statute of limitations may begins when an asbestos victim is diagnosed.
- Centers, Jessica. "Multiple Water Systems Still Use Asbestos Pipe." Aniston Star, 24 July 2005.
- Curran, Eddie. "Diagnosing for Dollars?" Mobile Register, 4 April 2004.
Alabama (AL) Job Sites At Risk From Asbestos Exposure:
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 Cancer & 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:
Dr. Robert J. Cerfolio (Click on name for more info...)
Thoracic Surgeon at University of Alabama at Birmingham
Birmingham, Alabama (AL)
Alabama (AL) Asbestos Cancer & 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:
University of Alabama at Birmingham, Comprehensive Cancer Center
Birmingham, Alabama (AL)
Alabama (AL) Mesothelioma Lawyer & Legal Resources:
The people of Alabama have reason to be concerned about the rare asbestos cancer 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 lawsuits 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 and the associated Alabama mesothelioma lawyers 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 and Alabama mesothelioma lawsuit. 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 hire an Alabama mesothelioma lawyer for help or 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" 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 hiring a Alabama mesothelioma lawyer to bring an Alabama mesothelioma lawsuit. 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.
- Public Justice. "Public Justice Asks U.S. Supreme Court to Overturn Alabama High Court's Denial of Toxic Tort Claims", http://www.publicjustice.net/pr/cline_040207.htm
Accessed: 23 July 2007 - Injury Board. "U.S. Supreme Court Refuses to Hear Toxic Exposure Death Case", http://akron.injuryboard.com/wrongful-death/us-supreme-court-refuses-to-hear-toxic-exposure-death-case.php
Accessed: 23 July 2007
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