Insurance Companies May Pay Exxon for Asbestos Lawsuits
It appears that Exxon may be on the hook for millions in asbestos lawsuit judgments and settlements, but the giant oil company is not taking it lying down. Exxon, the world’s second most valuable company and the company who also purchased Mobil just before the turn of the century, is being sued by thousands of people ascertaining that the two oil conglomerates manufactured and distributed products that contained asbestos in the 1960s and 1970s.
Although the specifics of each lawsuit vary, it is known that asbestos is the cause of mesothelioma cancer. In the past, individuals who developed mesothelioma as a result of the careless asbestos exposure from an employer or manufacturer have won lawsuits or settled out of court for millions of dollars in retribution.
Why Asbestos Garners so Much Attention
The reason for the extravagant values of the settlements and judgments stems from the severity of mesothelioma and other diseases that develop as a result of asbestos exposure. Often, mesothelioma victims do not live more than a year following diagnosis, as treatments are very limited.
Mesothelioma is an aggressive type of cancer that may not develop for several decades after initial asbestos exposure. Unfortunately, almost every case could have been fully prevented had manufacturers and employers heeded the warnings of the dangers of exposing people to even small amounts of asbestos. However, because the mineral remained legal for many years and it was much more affordable than alternative products, it remained a standard in construction and manufacturing until the 1980s.
Exxon Mobil Corp. v. Certain Underwriters at Lloyd’s, London
On Wednesday, February 22, 2012, Exxon filed suit at the New York State Supreme Court in Manhattan against several insurance companies, including Lloyd’s of London, to claim reimbursement for the money the oil giant has already spent on legal defense fees, awards and settlements, as well as for the costs of pending litigation and cases that are predicted to be filed in the future.
Exxon Corp. claims that Lloyd’s of London and the other insurers have a legal obligation to pay the costs associated with the asbestos and mesothelioma claims. No one from Lloyd’s of London, nor their legal representatives, have commented on the case.
Undiagnosed Mesothelioma Victims
New suspicions are arising about the number of mesothelioma victims that go undiagnosed every year – primarily due to the average age at which the disease is diagnosed. The National Institute of Health sponsored a study that found that as many as one in four cases of mesothelioma worldwide go undiagnosed. As of 2010, that accounted for almost 40,000 people who are suspected to have died from mesothelioma, but were never diagnosed or treated for the disease. What’s more is that the majority of those cases were in developed countries, such as the United States.
Unlike other diseases, mesothelioma cannot happen to just anyone. In order to develop the cancer, patients must first have been previously exposed to asbestos, which was either inhaled or ingested at the time of exposure. However, most individuals who have been exposed to asbestos were unaware of the dangers of the exposure, or that they were being exposed at all, as asbestos was a primary component in manufacturing and construction between the 1920s and the early 1980s.
What is Mesothelioma?
Mesothelioma is an aggressive cancer that develops as much as 50 years following exposure to asbestos. Although asbestos exposure can occur at any age, it was previously most common during the working years, when employers subjected employees to the mineral as a part of their jobs. That means that a person who is initially exposed to asbestos at age 30 may not develop mesothelioma until age 80 – a time when health is expected to begin deteriorating.
The symptoms of mesothelioma are minute at first and usually undetected in the early stages. As the cancer progresses, tumors and fluid can build in the mesothelium lining of the chest, lungs or abdomen. However, symptoms at this stage may mimic those of other diseases common to elderly individuals, causing difficulty breathing and excessive respiratory problems. Because the disease is somewhat rare, affecting only a few thousand people each year, doctors may mistake the cancer for another disease or another type of cancer.
Failing to properly diagnose mesothelioma early or mistaking it for another disease can significantly lower a victim’s life expectancy. Doctors have found that mesothelioma cancer cells do not respond to traditional cancer treatments in the same way that other cancer cells do, meaning that doctors should use only certain treatments to help slow down the cancer’s progression and spread within the body.
Asbestos Accountability
Failing to accurately diagnose mesothelioma doesn’t just affect a person’s health prognosis, but it also prevents accountability from being held against the ones responsible for causing the disease. Individuals who have been diagnosed with mesothelioma are often able to track the original source of asbestos exposure with the help of an experienced mesothelioma attorney.
By filing suit against the employers or manufacturers responsible, victims are often awarded judgments or settlements worth millions of dollars. Although the money cannot undo the damage that is already done, it can help pay for medical bills, treatments, lost wages and the general wellbeing of the victim and his or her family for years to come.
