Mesothelioma claims grow as home-construction workers age
Once billed as “the miracle material,” asbestos is now blamed for thousands of new cancer cases in construction workers, shipbuilders and even Navy personnel each year.
Q. Two or three years ago, you wrote about mesothelioma. I wish I had kept that column because my dad, who worked with asbestos every day as a housing roofer for 40 years, was diagnosed with the cancer last year and passed away two months ago.
He had filed a personal-injury lawsuit against the builder he worked for and the company that manufactured the asbestos that made him sick, but he died before the case could make it to trial. My mother is 66 and wants to stay in their home, but payments on the hospital bills and mortgage are making it impossible for her.
What can we do? Can my mom continue with my dad’s lawsuit even though he has passed away?
A. First, I am deeply saddened for the loss of your father. An estimated 48,000 men and woman have died from mesothelioma, an incurable type of cancer linked to asbestos. This material was commonly used by workers in the construction industry and the shipbuilding business, and even affected Navy personnel who spent months or even years aboard asbestos-laden vessels during World War II.
Roughly 4,500 cases of mesothelioma are diagnosed each year in the U.S., according to the Mesothelioma Cancer Alliance (800-3360086, www.mesothelioma.com). The relatively rare cancer, usually caused by long-term inhalation of the fibers released by asbestos, attacks the membrane lining of the lungs and abdomen.
Although there’s no known cure for mesothelioma, surgery or chemotherapy can help, and important advancements in treatment are being made every year.
The answer to your specific question, though, is yes. Your mother — and even you — can likely continue or resubmit the lawsuit to recover the cost of your late father’s hospital bills and receive punitive (monetary) damages to help pay your mom’s mortgage. If you do so, it will likely become a wrongful-death claim rather than the personal-injury lawsuit that your dad filed before he died.
The local office of the American Bar Association can probably refer you to an experienced attorney who has handled asbestos-related lawsuits or other claims. The Mesothelioma Cancer Alliance and other organizations can also offer the names and contact information of these specialized lawyers.
If you decide to proceed with your late father’s lawsuit, it would be better to do it sooner rather than later. Though it can take several years or even decades for mesothelioma to “present” itself, all 50 states set time limits on when a suit can be filed or resubmitted. Some states allow up to five years after the disease is first diagnosed by a doctor, but others allow as little as 365 days.
Several companies that manufactured asbestos or products that contained it filed for bankruptcy long ago, as the claims against them soared, and so did the size of their required payments to victims. But judges and Congress finally got wise to this ploy and started to demand that each company establish a trust fund to help pay for future claims before their bankruptcy plan could be approved.
Filing a claim against these trusts can be much cheaper — and lead to a resolution much sooner — than proceeding with a fullblown lawsuit. Still, it’s best to consult with an experienced lawyer for help.
REAL ESTATE TRIVIA Before the use of asbestos was restricted in the 1980s, its favorite use was for insulation in homes and other buildings, according to the Mesothelioma Justice Networks. Cement powder was second, followed by drywall board and wrapping for electrical wiring or steam pipes.
Q. Would it make sense to add our 7-yearold daughter as a joint tenant to the title of our house? We’re thinking that by doing so, she would automatically inherit the ownership interest in our home after one or both of us die.
A. Your heart is clearly in the right place, but listing your minor-aged daughter as a joint tenant on the title to your home would be a bad idea.
Although many states permit a minor to hold title as a joint tenant, most also prohibit a child from conveying that title to someone else. So, if you named your 7-year-old as a joint tenant, then decided to sell or refinance before she reaches legal age, you might well have to go through the costly and time-consuming task of getting a court-approved guardian to protect her interest in the property.
You probably couldn’t act as your child’s own guardian because your status as a co-owner with your underage kid could create a conflict of interest.
Obviously, you do need to draw up a will now that names a guardian for your daughter if you haven’t already done so. It might even make more sense to form a “living trust,” naming your daughter as the beneficiary and an adult as your successor trustee to oversee your assets if both you and your spouse die before your daughter turns legal age. Consult both a lawyer and an estate planner for details.
Send questions to David Myers, P.O. Box 4405, Culver City, CA 90231-2960; and we’ll try to respond in a future column.