Asbestos-Related Lung Cancer

Asbestos exposure is a well-known cause of mesothelioma, a cancer of the lining of the lungs, abdominal cavity and other organs. What may be less widely known, however, is that asbestos exposure is also linked to lung cancer. People with asbestos-related lung cancer may be eligible to file lawsuits, asbestos trust fund claims, workers’ compensation and VA claims.

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The asbestos law firm of Early, Lucarelli, Sweeney & Meisenkothen (ELSM) has extensive experience representing both mesothelioma and lung cancer victims in seeking compensation from companies that produced the asbestos-containing products they were exposed to.

Asbestos-Related Lung Cancers

Like pleural mesothelioma, asbestos-related lung cancer is caused by the inhalation of asbestos fibers. In cases of pleural mesothelioma, the asbestos fibers become lodged in the pleura, a thin membrane that covers the lung. In cases of asbestos-related lung cancer, asbestos fibers become lodged within the lung. In both diseases, over time the asbestos fibers result in inflammation and changes in the DNA of the affected cells, sometimes causing malignancy.

Lung cancer subtypes that may be caused, or are at a heightened risk, due to asbestos exposure are:

Non-Small Cell Lung Cancers (NSCLC):

• Adenocarcinoma
• Squamous Cell Carcinoma
• Large Cell Carcinoma

Small Cell Lung Cancers (SCLC):

• Small Cell Carcinoma (Oat Cell Carcinoma)
• Combined Small Cell Carcinoma

It is well known that smoking is a major risk factor for lung cancer; however, according to the CDC, about 10%-20% of lung cancer cases each year occur in people who have never smoked. The most common type of lung cancer found in non-smokers, and in asbestos-related lung cancer, is non-small cell lung cancer. Specifically, the NSCLC subtype adenocarcinoma is the most common asbestos-related lung cancer. Studies have shown that the risk of smoking-related lung cancer increases substantially when combined with significant asbestos exposure.

Asbestos Exposure and Lung Cancer

Asbestos was once widely used in many industries for its heat, fire and corrosion resistant properties. Products such as insulation, joint compound, refractory cement, gaskets, brake pads and many others once contained asbestos.

When these products are installed, cut, mixed, or sanded, asbestos fibers can be released into the air. Workers and bystanders may inhale these fibers, which can lead to lung cancer years or even decades later.

An asbestos attorney will help lung cancer clients identify the products they may have been exposed to, based on their occupations and jobsites known for asbestos exposure. The attorney will then pursue financial compensation from the companies that made these asbestos-containing products.

Establishing a history of asbestos exposure is vitally important in obtaining financial compensation from an asbestos-related lung cancer case.

Lung Cancer Compensation and Results

If you or a loved one has been diagnosed with lung cancer and has significant past exposure to asbestos, you may be entitled to compensation.

There are several potential avenues for asbestos-related lung cancer compensation, including:

Which options apply depends on factors such as:

Once a full asbestos exposure history is known, other factors will be reviewed by an experienced asbestos lung cancer lawyer to determine the best course of action in maximizing financial recovery for their client.

The strongest asbestos-related lung cancer cases often involve individuals with a history of underlying asbestosis or other pleural diseases.

• If you have been diagnosed with an underlying asbestos-related condition, it is important to inform your attorney.
• If no prior diagnosis exists, current X-rays may be reviewed to look for scarring consistent with asbestosis or pleural disease caused by past asbestos exposure.

While having an underlying asbestos-related disease may help secure higher compensation, it is not required to obtain compensation for asbestos-related lung cancer.

Smoking history may also be a consideration when determining the value of a potential lung cancer case. However, like underlying asbestos-related disease, a history of non-smoking is not necessary to qualify for asbestos-related lung cancer compensation.

ELSM Lung Cancer Compensation Results

ELSM has represented over 600 lung cancer clients from across the country in their asbestos cases. Here are a few examples of the lung cancer lawsuit results that our asbestos attorneys have obtained:

Compensation	State	Cause or Occupation
$2.6 million	AZ	Shipyard Worker
$2.5 million	AZ	Navy
$1.9 million	CO	Navy / Powerhouse
$1.8 million	NY	Railroad Worker
$1.6 million	NY	Mechanic
$1.6 million	OH	Shipyard Worker
$1.3 million	FL	Auto Parts
$1.3 million	CT	Warehouse Worker

Asbestos-Related Lung Cancer Lawsuits

A lawsuit may be filed against solvent companies that once sold asbestos-containing products. An asbestos attorney will consult a medical expert to confirm that there is a direct link between a lung cancer patient’s diagnosis and their past asbestos exposure. The attorney will then determine which products their client had exposure to and seek compensation from liable solvent and bankrupt companies. Most asbestos lawsuits against solvent companies are settled out of court. Rarely, a settlement is not reached, and a trial takes place to resolve the lawsuit.

Asbestos Trust Fund Lung Cancer Claims

There are currently over 60 asbestos trust funds that have been established for companies that filed for bankruptcy to settle their past and future liabilities for harm caused by their asbestos products. Over $30 billion exists across all the active trusts. Each trust has a scheduled value depending on certain criteria including disease type. Many of the trusts have payments prescribed for two types of lung cancer, Lung Cancer 1 and Lung Cancer 2.

An example of a Lung Cancer 1 designation from one of the asbestos trusts consists of the following prerequisites:

1. Diagnosis of primary lung cancer plus evidence of bilateral asbestos-related nonmalignant disease (bilateral interstitial fibrosis, bilateral pleural plaques, bilateral pleural thickening, or bilateral pleural calcification)
2. Six months of exposure to asbestos products produced by the bankrupt company
3. Significant Occupational Exposure (SOE) to asbestos
4. Supporting medical documentation establishing asbestos exposure as a contributing factor in causing the lung cancer in question

An example of a Lung Cancer 2 designation from the same asbestos trust consists of the following prerequisites:

1. Diagnosis of primary lung cancer
2. Exposure to asbestos products produced by the bankrupt company
3. Supporting medical documentation establishing asbestos exposure as a contributing factor in causing the lung cancer in question

Lung Cancer 2 awards can be anywhere from 70% to 30% of the scheduled value of Lung Cancer 1 claims.

Workers’ Compensation for Lung Cancer

Each state has their own Workers’ Compensation laws, particularly about latent diseases like lung cancer. It is important to consult with a knowledgeable asbestos attorney about what Workers’ Compensation benefits may be available for a lung cancer patient who was exposed to asbestos at work, and for their family. There are also certain occupations that may have compensation benefits. For example, railroad workers are protected by the Federal Employers’ Liability Act (FELA). A railroad worker that has been diagnosed with lung cancer due to on-the-job asbestos exposure can seek economic and non-economic damages through a FELA lawsuit.

Veterans With Lung Cancer

Many veterans were regularly around dangerous chemicals and products during service. The Department of Veterans Affairs (VA) has benefits established to help veterans diagnosed with certain diseases associated with exposure to these dangerous chemicals and products, including asbestos. Asbestos was once used extensively by the military in and on vessels, aircraft, trucks, barracks and other equipment.

Many veterans have suffered from asbestos-related diseases including mesothelioma and lung cancer. A 100% VA disability rating is normally assigned for lung cancer. ELSM has VA accredited attorneys that help their lung cancer clients file their VA claim free of charge. It is also important to understand that an asbestos lawsuit or bankruptcy claims do not affect VA benefits.