Litigation

Asbestos litigation is the longest, most expensive mass tort in U.S. history, involving more than 6,000 defendants and 600,000 claimants. Current trends indicate that the rate at which people are diagnosed with the disease will likely increase though the next decade. Analysts have estimated that the total costs of asbestos litigation in the USA alone will eventually reach $200 billion.

While there is no medical dispute about the dangers of inhaled asbestos, the sheer volume of the liability has alarmed the manufacturers and insurance industry. The amounts and method of allocating compensation have been the source of many court cases, and government attempts at resolution of existing and future cases.

Removal of asbestos

Many buildings contain asbestos, which was used in spray-applied flame retardant, thermal system insulation, and in a variety of other materials. Typically, asbestos was "flocked" above false ceilings, inside technical ducts, and in many other small spaces where firefighters would have difficulty gaining access. Structural components like asbestos panels were also used. In residences, it was often a component of a type of flocked acoustic ceiling called "popcorn ceiling", until its production was banned in the U.S. in 1978. However, the ban allowed installers to use up remaining stocks, so houses built as late as 1986 could still have asbestos in their acoustic ceilings. The only way to be sure is to remove a sample and have it tested by a competent laboratory.

Depending on how and where asbestos was applied, it might not pose any risk to most users of the building. If the fibers cannot dislodge themselves, they cannot be inhaled, and thus the risk is absent.

However, with certain ways of applying asbestos, particularly flocking, asbestos fibers may gradually drop off into the air. Furthermore, in all cases, asbestos poses special hazards to maintenance personnel who have to drill holes in walls for installation of cables or pipes.

Also, even if the workers are protected, such maintenance operation may release fibers into the air, which may be inhaled by other users later. As a consequence, interventions in areas where asbestos is present often have to follow stringent procedures.

The removal of asbestos from a building is quite difficult because of the above constraints. If removal is to be performed when users are still present in the building, it is usually necessary to relocate some of them temporarily. Typically, the part of the building from which asbestos is being removed has to be sealed off in order to prevent contamination of the other areas.

Even if the building is closed to normal users, it is necessary to seal it off from outside atmosphere so that no accessible air is contaminated. Accordingly, asbestos removal projects are long and costly. Examples of long asbestos removal enterprises include the Jussieu Campus (begun circa 1996 and still going on as of 2005) and the Tour Montparnasse (in 2005, projected duration was 3 years if the tower was emptied of its users, and 10 years if it was not).

An asbestos-containing building that is to be torn down may have to be sealed, and to have its asbestos safely removed first before ordinary demolition can be performed. The asbestos removal may take longer and cost more than the actual tearing-down of the building. For example, the former seat of parliament of East Germany, the Palast der Republik was stripped of most of its asbestos between 1998 and 2001, before it was finally decided to tear it down starting in 2006. The demolition process alone is expected to cost between 20 and 60 million Euros.

Regarding the automotive industry, asbestos linings were once used in brake pads and shoes. Since the mid-1990s, a majority of brake linings, new or replacement, have been manufactured with kevlar linings (the same material used in bulletproof vests).

What should I do if I suspect there is asbestos in my home?

• Asbestos materials in good condition that cannot readily be damaged are often
  best left where they are because removal can lead to higher levels of fibres in the air
  for some time. Check the condition of asbestos materials from time to time to make
  sure they have not become damaged or started to deteriorate.
  If you are planning home improvements or maintenance and have asbestos in your
  home, always inform builders, maintenance workers or contractors before they start
  work.
• Asbestos materials that are slightly damaged can sometimes be repaired by
  sealing or enclosing the material - SEEK ADVICE on the most appropriate action.
  
• Asbestos materials that are badly damaged or deteriorating can release dust and
  should be removed.
  Some asbestos materials (sprayed asbestos, lagging or insulating boards) must
  always be removed by contractors with a special license issued by the Government.
  These licensed contractors have to follow regulations to ensure asbestos is safely
  removed. Your local environmental health officer should be able to provide advice on
  asbestos removal and licensed contractors.
  Sometimes it is dangerous to have asbestos removed - for instance fire-protection
  materials - without replacing it with a suitable alternative.

Diseases caused by asbestos

As early as 1898 the Chief Inspector of Factories of the United Kingdom reported to Parliament in his Annual Report about the "evil effects of asbestos dust". He reported the "sharp, glass like nature of the particles" when allowed to remain in the air in any quantity, "have been found to be injurious, as might have been expected" (Report of the Select Committee 1994). In 1906 a British Parliamentary Commission confirmed the first cases of asbestos deaths in factories in Britain and recommended better ventilation and other safety measures. In 1918 a US insurance company produced a study showing premature deaths in the asbestos industry in the United States and in 1926 the Massachusetts Industrial Accidents Board processed the first successful compensation claim by a sick asbestos worker. Many American injuries from asbestos exposure came from shipbuilders working during World War II.

The problem with asbestos arises when the fibers become airborne and are inhaled. Because of the size of the fibers, the lungs cannot expel them. [Casarrett & Doull's Toxicology (2001), pp 520-522]

Diseases caused by asbestos include:

• Asbestosis – A lung disease first found in naval shipyard workers, asbestosis is a scarring of the lung tissue from an acid produced by the body's attempt to dissolve the fibers. The scarring may eventually become so severe that the lungs can no longer function. The latency period ( meaning the time it takes for the disease to develop) is often 10-20 years.

• Mesothelioma – A cancer of the mesothelial lining (pleura) of the lung. The only known cause is from asbestos exposure. The latency period for mesothelioma may be 20-50 years. The prognosis for mesothelioma is grim, with most patients dying within 12 months of diagnosis.

• Cancer – Cancer of the lung, gastrointestinal tract, kidney and larynx have been linked to asbestos. The latency period for cancer is often 15-30 years.

In the United States alone, ten thousand people die each year of asbestos-related diseases, such as mesothelioma, asbestosis, lung cancer, and gastrointestinal cancer. Asbestos also has a synergistic effect with tobacco smoking in the causation of lung cancer.