What Is Asbestos? "[A] tale of danger known in the 1930s, exposure inflicted upon millions of Americans in the 1940s and 1950s, injuries that began to take their toll in the 1960s . . . The final toll of asbestos related injuries is unknown. Predictions have been made of 200,000 asbestos disease deaths by the year 2000 and as many as 265,000 by the year 2015."
Georgine v. Amchem Products, Inc., 83 F.3d 610, 618-19 (3d. Cir. 1996). What is asbestos? Asbestos is a type of mineral in fiber form that was/is strip mined from rocks in the United States, Canada, Russia, Brazil, Zimbabwe, and China. It is composed of silicon and oxygen; therefore, it is heat-resistant and extremely durable. Asbestos fiber strength has been compared to steel; its flexibility similar to weaving material. It is so strong in fact that it is virtually indestructible and it is this very characteristic that makes it so harmful to inhale because our lungs and bodies are unable to break down or expel its fibers once inhaled. What types of things was/is asbestos usually used for? Asbestos has been used in countless types of products from filters for cigarettes and beer to clothes iron/hair dryer cords and kitchen towels. Its most common use, however, was in products that served as insulation for, or were subject to, high temperature applications. If, during your career, you have worked with any of the types of products listed below, then you may have been exposed to asbestos. The following are just a sample of some common types of products made with asbestos: welding blankets;
fireproofing spray;
gloves;
floor tiles;
ceiling tiles;
roofing material;
automobile brakes and clutches; and,
heat insulation; for use on:
pipes,
boilers,
furnaces, etc. What are the medical affects of exposure to asbestos? First, it is important to distinguish between merely being in the same room with asbestos and breathing in its fibers; breathing in the fibers is what actually causes damage to our lungs. Merely being in the same room where asbestos is in place and not being disturbed generally means that no fibers are airborne, therefore, you would not be subject to any medical effects. If, however, you have breathed in asbestos fiber, it may cause several conditions that have been associated with exposure to asbestos. There is also the possibility that, even after breathing in asbestos fibers, you will not get sick or develop any of these conditions; our bodies reactions vary from person to person and no one can predict exactly who will get sick after breathing in asbestos fibers. The first and most minor of these conditions is known as pleural thickening. To understand pleural thickening, you must first know about the pleura. The pleura is a thin membrane sheet that surrounds the lungs like a large balloon. The pleura is supposed to be smooth and soft and moist; it provides a type of protection for the lungs whereby they can expand and stretch yet are still protected by the smooth, soft, and moist pleura. Asbestos exposure, however, can cause scarring of the pleura whereby parts of the pleura become hard scar tissue thereby taking away the soft and supple nature of the unaffected pleura. This thickening is sometimes asymptomatic meaning that, while the pleura is damaged, the person does not really feel any measurable effects as a result. The pleura can become so thickened and hard, however, that it interferes with the normal operation of the lungs so that the person experiences shortness of breath and possibly pain when breathing. The next type of condition associated with asbestos exposure occurs where the tissue inside of the lungs themselves actually become damaged. In this condition, the parts inside the lungs where oxygen is taken from the air and processed into our bloodstream become damaged and lose their ability to get the oxygen into our blood. This condition is known as asbestosis and it usually does not remain asymptomatic like pleural thickening. Rather, asbestosis usually results in some type of breathing problem such as shortness of breath or pain when breathing. Pleural thickening and asbestosis constitute the types of non-cancerous diseases associated with exposure to asbestos, but asbestos exposure can also lead to several malignant or cancerous conditions. The most common cancer from asbestos exposure, especially when the person is or was a smoker, is lung cancer. In lung cancer, a cancerous tumor forms inside the lung itself, much like the location of asbestosis type scarring; lung cancer does not affect the pleura, although pleural changes may also be present as an independent condition. Other types of cancer, such as colo-rectal, laryngeal, pharyngeal, and esophageal cancer, have also been connected with exposure to asbestos. Like many other cancers, these cancers are terrible diseases that, unfortunately, are often fatal. Mesothelioma is the last type of cancerous condition associated with asbestos exposure. Mesothelioma can be of the pleural type, whereby tumors form on the lining of the lungs, the pleura, discussed earlier. In a second type of mesothelioma, peritoneal, the cancerous tumors grow on the peritoneum which is a smooth thin layer similar to the pleura, but which lines the abdominal cavity as opposed to encasing the lungs only. Are there any asbestos class actions that all victims are a part of? There were several attempts to put together such suits, however, not one of those attempts survived the scrutiny of Federal Courts. Consequently, there are no asbestos class action lawsuits. Many sources of information apparently misuse the term "class action" by simply using it in reference to a large group of individual lawsuits against one or two primary defendants. In these instances, such as asbestos litigation, the individual suits are handled by individual attorneys and/or law firms on behalf of each of their clients as opposed to a true "class action" suit wherein one attorney or firm files one single lawsuit on behalf of many plaintiffs. Some people may believe they are part of a class action because they periodically receive Court notices about various asbestos bankruptcies, but that is not what these documents generally mean. These notices may contain information about the bankruptcy proceeding and steps to take to possibly receive compensation through the bankruptcy process, however, they generally do not mean you are participating in a lawsuit or will automatically receive compensation. Asbestos lawsuits are handled, much like any other legal claim: in a single lawsuit filed in Court. Each case is evaluated individually and proceeds much like any normal lawsuit, for example, one as a result of an automobile accident. Just like in any other type of civil case, you will not be compensated unless you or your attorney takes legal action against those responsible for allowing exposure to asbestos without warnings or safety equipment. Does everyone who has worked with asbestos eventually get sick from it? No, some people work with asbestos and do not develop any of the conditions described above. Asbestosis and pleural thickening are dose responsive, meaning that the more you asbestos you inhale, the more likely you are to develop these conditions. Therefore, people who have only breathed in a few fibers are unlikely to develop these conditions. Conversely, people who have breathed in many asbestos fibers over their careers are more likely to develop these conditions. It is believed, however, that the most serious form of sickness due to asbestos, malignant mesothelioma, does not require large doses or prolonged exposure to asbestos. Therefore, the risk for developing this condition extends beyond those that breathed many fibers over many years. Additionally, not everyone who develops asbestosis or pleural thickening has breathing problems. These individuals have definite scarring or changes as demonstrated on chest x-ray, however, they are referred to as asymptomatic meaning that they have internal changes, but do not have any noticeable breathing or health effects as a result. Unfortunately though, people who have the internal changes, even if they remain asymptomatic are at an increased risk to develop lung cancer especially if the person smoked or smokes.
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