For many years one of the most popular insulation materials in construction was asbestos, because it was fire retardant, chemically resistant, sound absorbent, and insulated against electricity. Unfortunately, it has since been determined that asbestos is a carcinogenic, and for this reason, it is banned for new construction in most developed nations, with the exception being for allowed in concrete sewer piping in the United States.
There has been proven a definitive link between industrial asbestos and tumors, especially mesotheliomas, where malignant cells develop in the lining of most major organs. There is a much higher rate of mesotheliomas with people who are exposed every day to asbestos, both in their occupation and who live near an asbestos factory.
Thankfully, even though asbestos can be harmful, this is only the case with prolonged exposure to asbestos fibres, so while much asbestos remains in buildings throughout the world, it is inert, so only during renovations do precautions need to be taken. In addition to cancer, there are three main other kinds of asbestos related disease.
The first is asbestos warts, which occurs when a sharp asbestos fibre gets lodged underneath the skin and is over grown. This leads to benign growths that resemble a callus. The second is pleural plaques. This affects the lungs, and the result is a calcified and thick area, which is benign. The final one is diffuse pleural thickening, a more advanced stage of pleural plaques, but can cause problems breathing.
These health issues have lead to what many legal scholars consider the largest, both in terms of time and expense, mass tort in the legal history of the United States. As of 2002, there were more than 8,400 separate defendants, as well as 730,000 claimants. The first major successful asbestos compensation litigation was decided in June of 1982. As a result of the lawsuit, a retired boiler maker named James Cavett, won a total of $3.8 million, of which $2.3 million was in compensatory damages and $1.5 million in punitive.
The main problem with asbestos litigation is that it can take years for symptoms of medical problems to develop, and sometimes they do not present themselves until after the statute of limitations has passed. For that reason, Congress is considering taking action that will set aside a fund to ensure that all victims receive compensation.