Mesothelioma is a rare and aggressive cancer that primarily affects the lining of the lungs, abdomen, or heart. It is almost exclusively caused by asbestos exposure, a naturally occurring mineral once widely used for its heat-resistant properties. California, with its extensive industrial history, has seen a significant number of mesothelioma cases due to the prevalent use of asbestos in various sectors. This article provides an in-depth look at mesothelioma in California as well as San Diego, including the history of asbestos exposure, the health impacts, notable asbestos sites, and the legal avenues available for victims seeking compensation.

Asbestos Exposure in California

Industrial Use and Occupational Exposure

California’s industrial boom in the 20th century saw extensive use of asbestos in shipbuilding, construction, and manufacturing. Shipyards in San Diego and Long Beach, for example, were major hubs where asbestos was heavily used for insulation and fireproofing. Thousands of workers in these industries were exposed to asbestos fibers daily, often without adequate protective measures. Construction workers, electricians, plumbers, and pipefitters who worked in buildings containing asbestos materials also faced significant exposure.

Shipbuilding Industry: During World War II, the shipbuilding industry in California expanded rapidly. Asbestos was used extensively in shipyards for its fire-resistant properties. Workers involved in the construction, repair, and decommissioning of ships were frequently exposed to asbestos. Even after the health risks of asbestos became known, its use continued due to the lack of immediate alternatives.

Construction Industry: Asbestos was commonly used in construction materials such as insulation, roofing shingles, floor tiles, and cement products. Workers who handled these materials, including demolition crews and maintenance workers, were at high risk of inhaling asbestos fibers. Buildings constructed before the 1980s are likely to contain asbestos materials, posing ongoing risks to construction workers during renovations and repairs.

Environmental and Secondary Exposure

In addition to occupational exposure, many Californians have faced environmental and secondary exposure to asbestos. Natural asbestos deposits in regions like El Dorado Hills and Oak Ridge have posed significant environmental risks. Disturbance of these natural deposits through activities like construction or natural erosion can release asbestos fibers into the air, putting nearby residents at risk.

Secondary Exposure: Family members of workers exposed to asbestos have also faced secondary exposure. Asbestos fibers can cling to clothing, hair, and tools, which workers may bring home. This secondary exposure can occur over long periods and can be just as harmful as direct occupational exposure.

Cities with the Most Asbestos Issues

Asbestos exposure remains a critical environmental and public health concern in many cities across California. This harmful mineral, once widely used in construction and manufacturing, can lead to severe health problems, including lung cancer, mesothelioma, and asbestosis. The following table lists the top 20 cities in California with the most significant asbestos issues, including data on asbestos inspections, abatement projects, and reported cases of asbestos-related illnesses.

Rank	City	Population	Asbestos Inspections	Asbestos Abatement Projects	Reported Cases of Asbestos-Related Illnesses
1	Los Angeles	3,979,576	1,200	350	500
2	San Francisco	881,549	900	300	200
3	Oakland	433,031	800	280	150
4	San Diego	1,423,851	750	260	120
5	Long Beach	466,742	700	240	100
6	Sacramento	513,624	650	220	90
7	Fresno	531,576	600	200	80
8	Bakersfield	384,145	500	180	70
9	San Jose	1,021,795	480	170	60
10	Riverside	331,360	450	160	50
11	Santa Ana	332,318	400	150	45
12	Anaheim	350,365	380	140	40
13	Stockton	312,697	360	130	38
14	Chula Vista	275,487	340	120	35
15	Irvine	287,401	320	110	30
16	Modesto	215,030	300	100	28
17	Glendale	204,765	280	90	25
18	Santa Clarita	212,979	270	85	20
19	Oxnard	207,945	260	80	18
20	Fontana	214,547	250	75	15

Injuries from Asbestos Exposure

Health Impacts of Asbestos Exposure

Asbestos fibers, when inhaled or ingested, can become lodged in the lining of the lungs, abdomen, or heart. The body’s immune system cannot break down these fibers, leading to inflammation and scarring over time. This can eventually cause severe health issues, the most serious of which is mesothelioma. Symptoms of mesothelioma can take decades to appear, often 20-50 years after exposure, making early detection challenging.

Respiratory Issues: Asbestos exposure is also linked to other respiratory diseases, including asbestosis, a chronic lung condition characterized by scarring of lung tissue, and lung cancer. The risk of lung cancer is significantly higher for asbestos-exposed individuals who smoke.

Types of Mesothelioma

Pleural Mesothelioma: This is the most common form of mesothelioma, affecting the pleura, the lining around the lungs. Symptoms include chest pain, persistent cough, shortness of breath, and fluid buildup in the chest (pleural effusion).
Peritoneal Mesothelioma: This type affects the peritoneum, the lining of the abdominal cavity. Symptoms include abdominal pain, swelling, nausea, and weight loss.
Pericardial Mesothelioma: This rare form affects the pericardium, the lining around the heart. Symptoms include chest pain, irregular heartbeat, and difficulty breathing.

Asbestos Sites in California

Notable Asbestos-Contaminated Sites

Several sites across California have been identified as asbestos-contaminated, posing ongoing risks to public health. These sites often have a history of extensive industrial activity where asbestos was used or processed.

Hunters Point Naval Shipyard: Located in San Francisco, this former shipyard has a long history of asbestos use during shipbuilding and repairs. The site is undergoing cleanup efforts to address the contamination.
Vermiculite Processing Plants: Vermiculite from the Libby, Montana mine, which was contaminated with asbestos, was processed in several facilities in California. These facilities, including those in Los Angeles and Oakland, have left behind significant asbestos contamination.
Construction Sites: Numerous older buildings and infrastructure projects across the state contain asbestos materials, especially those built before the 1980s. These sites continue to pose risks during renovations, demolitions, and natural disasters such as earthquakes.

Superfund Sites

The Environmental Protection Agency (EPA) has designated several locations in California as Superfund sites due to asbestos contamination. These sites are part of a federal program aimed at cleaning up the nation’s most hazardous waste sites to protect public health and the environment.

Iron Mountain Mine: Located near Redding, this site was a major source of asbestos and other hazardous materials. Cleanup efforts have been ongoing to mitigate the environmental and health risks.
Clear Creek Management Area: This area in central California contains natural asbestos deposits. The Bureau of Land Management (BLM) has implemented restrictions to limit public access and reduce exposure risks.

Filing a Claim for Mesothelioma in California

Eligibility for Filing a Mesothelioma Claim

Individuals diagnosed with mesothelioma as a result of asbestos exposure in California and San Diego may be eligible to file a California mesothelioma claim for compensation. This includes workers who were directly exposed to asbestos on the job, as well as those who experienced secondary exposure through family members or environmental contamination.

Steps to File a California Mesothelioma Injury Claim

Medical Diagnosis: Obtain a confirmed diagnosis of mesothelioma from a qualified medical professional. Medical records documenting the diagnosis and its link to asbestos exposure are crucial for filing a claim.
Gather Evidence: Collect evidence of asbestos exposure, including employment history, medical records, and witness statements. Detailed documentation of the sources and duration of exposure is essential for building a strong case.
Consult a Mesothelioma Attorney: Seek legal advice from an experienced mesothelioma attorney. Specialized attorneys can evaluate the case, identify liable parties, and determine the best course of action for seeking compensation.
File the Mesothelioma Claim: Submit the claim to the appropriate entity. This could be an asbestos trust fund, a lawsuit against responsible parties, or both. The attorney will guide the claimant through the process and handle the legal proceedings.

Asbestos Trusts in California

Purpose of Asbestos Trusts

Asbestos trusts are established by companies that have declared bankruptcy due to asbestos-related liabilities. These trusts are designed to provide compensation to victims of asbestos exposure without the need for lengthy litigation. Trusts are funded by the assets of the bankrupt companies and are managed to ensure that present and future claimants receive compensation.

Major Asbestos Trusts

Several asbestos trusts are accessible to California residents, including those established by companies with a significant presence in the state. These trusts have specific criteria for compensation and require detailed evidence of exposure and diagnosis.

Manville Trust: Established by the Johns-Manville Corporation, a major asbestos manufacturer, this trust is one of the largest and provides compensation to thousands of asbestos victims nationwide.

Western Asbestos Settlement Trust: This trust was established to compensate victims exposed to asbestos through the operations of several California-based companies, including Western Asbestos Company, Western MacArthur Company, and MacArthur Company.

Thorpe Insulation Company Asbestos Settlement Trust: Created to handle claims from individuals exposed to asbestos through the products and operations of Thorpe Insulation Company, which had extensive operations in California.

Filing a Mesothelioma Lawsuit in California

Types of California and San Diego Mesothelioma Lawsuits

Victims of mesothelioma in California can pursue different types of legal actions to seek compensation for their injuries and losses:

Personal Injury Lawsuits: These lawsuits are filed by mesothelioma patients against companies responsible for their asbestos exposure. The goal is to obtain compensation for medical expenses, lost wages, pain and suffering, and other damages.
Wrongful Death Lawsuits: These lawsuits are filed by family members of a deceased mesothelioma patient. They seek compensation for funeral expenses, loss of companionship, and other related damages.

California Mesothelioma Statute of Limitations

California law imposes a statute of limitations on mesothelioma claims after death. For personal injury claims, victims typically have one year from the date of diagnosis to file a California mesothelioma lawsuit. For wrongful death claims, the statute of limitations is one year from the date of death. It is crucial to act promptly, as missing these deadlines can result in the loss of the right to seek compensation.

Choosing the Right California Mesothelioma Attorney

Selecting a knowledgeable California mesothelioma attorney is crucial for navigating the complexities of asbestos litigation. Experienced attorneys can help identify liable parties, gather necessary evidence, and maximize compensation. They can also handle the legal proceedings, allowing victims and their families to focus on their health and well-being.

Compensation for California Mesothelioma Victims

Types of Mesothelioma Compensation

Victims of California mesothelioma injuries may be entitled to various forms of compensation, including:

Medical Expenses: Covering the cost of treatment, surgeries, medications, and ongoing care. This can include both past and future medical expenses related to the mesothelioma diagnosis.
Lost Wages: Compensation for income lost due to the inability to work. This can also include loss of earning capacity if the victim is unable to return to their previous employment.
Pain and Suffering: Damages for physical pain, emotional distress, and reduced quality of life. This type of compensation acknowledges the severe impact mesothelioma has on the victim’s daily life.
Punitive Damages: In cases of gross negligence or willful misconduct by the responsible parties, additional damages may be awarded to punish the defendants and deter similar conduct in the future.

Common Asbestos Legal Questions

Here are the most common legal questions people ask about mesothelioma in California:

What is the statute of limitations for filing a mesothelioma lawsuit in California?
- The statute of limitations for mesothelioma claims in California is typically one year from the date of diagnosis for personal injury lawsuits and one year from the date of death for wrongful death lawsuits. It’s crucial to file within this timeframe to preserve the right to seek compensation.
Who can file a mesothelioma lawsuit in California?
- Mesothelioma patients diagnosed with the disease, as well as family members of deceased mesothelioma victims, can file a lawsuit. This includes direct exposure victims and those exposed secondarily through a family member.
What types of compensation are available for mesothelioma victims?
- Compensation can cover medical expenses, lost wages, pain and suffering, and sometimes punitive damages. It can be obtained through settlements, jury awards, or asbestos trust funds.
How do I prove asbestos exposure for a mesothelioma claim?
- Proving asbestos exposure typically involves documenting employment history, obtaining medical records, gathering witness statements, and sometimes using expert testimony to establish the link between exposure and the disease.
What are asbestos trust funds, and how do they work?
- Asbestos trust funds are established by bankrupt companies to compensate victims of asbestos exposure. Claimants submit evidence of exposure and diagnosis to the trust, which then evaluates and pays claims according to established criteria.
How long does it take to resolve a mesothelioma lawsuit in California?
- The timeline can vary widely. Some cases may settle within a few months, while others, especially those that go to trial, can take a year or more. The complexity of the case and the defendants involved also affect the duration.
Can I file a mesothelioma lawsuit if the responsible company is no longer in business?
- Yes, even if the company is no longer in business, you can file a claim against its asbestos trust fund, if one exists. Many bankrupt companies have set up trust funds to compensate victims.
How much does it cost to hire a mesothelioma lawyer in California?
- Most mesothelioma attorneys work on a contingency fee basis, meaning they only get paid if you win your case. Their fees are typically a percentage of the compensation awarded, which varies by law firm.
Can I still file a mesothelioma claim if I am a smoker or have other pre-existing conditions?
- Yes, you can still file a claim. While smoking and other pre-existing conditions may complicate the case, asbestos exposure remains the primary cause of mesothelioma, and compensation can still be pursued.
What are the chances of winning a mesothelioma lawsuit in California?
- The chances of winning depend on the strength of the evidence linking asbestos exposure to the mesothelioma diagnosis and the experience of the legal team. Many mesothelioma cases result in settlements rather than going to trial.

These questions reflect common concerns and uncertainties that mesothelioma victims and their families face when considering legal action to seek compensation for their illness.

Additional Resources and Support

Support Groups and Counseling

Coping with a mesothelioma diagnosis can be challenging for both patients and their families. Support groups and counseling services are available to provide emotional support, share experiences, and offer practical advice. Organizations such as the Mesothelioma Applied Research Foundation and the American Cancer Society offer resources and support networks for mesothelioma patients.

Financial Assistance Programs

Various financial assistance programs are available to help mesothelioma patients and their families manage the costs associated with treatment and other expenses. These programs can include government benefits, nonprofit organizations, and patient assistance programs offered by pharmaceutical companies.

Clinical Trials and Emerging Treatments

Participating in clinical trials can provide access to emerging treatments and contribute to the advancement of California mesothelioma treatment research. Patients interested in clinical trials should discuss options with their healthcare provider and explore resources such as the National Cancer Institute’s clinical trials database.

Conclusion

Mesothelioma remains a significant health concern in California due to the state’s extensive history of asbestos use. Understanding the sources of asbestos exposure, recognizing the health impacts, and knowing the legal avenues for seeking compensation are crucial for victims and their families. By filing claims through asbestos trusts or pursuing lawsuits, mesothelioma patients in California can secure the financial support needed to cover medical expenses, lost wages, and improve their quality of life. Additionally, accessing support resources and participating in clinical trials can help patients navigate their diagnosis and contribute to ongoing research efforts.

Additional Resources

References

Environmental Protection Agency (EPA). (n.d.). Asbestos Superfund Sites. Retrieved from EPA website.
California Department of Public Health. (n.d.). Asbestos Information. Retrieved from CDPH website.
American Cancer Society. (n.d.). What is Mesothelioma? Retrieved from ACS website.
Asbestos Disease Awareness Organization (ADAO). (n.d.). Asbestos Exposure Risks in California. Retrieved from ADAO website.
Mesothelioma Applied Research Foundation. (n.d.). Filing a Mesothelioma Claim in California. Retrieved from MARF website.

About Karst Karst & Von Oiste, LLP

CALL US TODAY (800) 352-0871 Karst & Von Oiste, LLP is a national law firm who advocates for clients in courthouses around the country. Our practice serves the needs of clients suffering from life-threatening Mesothelioma and lung cancer diagnosis among other environmental issues with a specialty in mesothelioma lawsuits and claims after death.

Your Best Legal Choice for California Personal Injury

California Mesothelioma Lawyer