Mesothelioma, a rare and aggressive cancer caused by asbestos exposure, continues to drive a high volume of lawsuits across the United States. Unlike other mass tort cases, mesothelioma lawsuits have not been centralized into a Multidistrict Litigation (MDL) at the federal level. Instead, victims must file claims individually in state courts, leading to a complex litigation landscape with varied procedural rules, case backlogs, and jurisdiction-specific challenges.
Asbestos-related litigation remains one of the longest-running mass tort litigations in U.S. history, with thousands of cases filed annually. Without MDL centralization, each state court system must handle mesothelioma lawsuits separately, creating inconsistencies in legal proceedings, settlement trends, and trial outcomes.
Why No MDL Centralization for Mesothelioma Claims?
Unlike pharmaceutical drug or medical device lawsuits, which often consolidate into MDLs to streamline litigation, mesothelioma cases have remained decentralized for several reasons:
Established Asbestos Litigation Infrastructure
Courts have handled asbestos-related lawsuits for decades. As such, many states have developed dedicated asbestos dockets to manage these cases efficiently. Further, many judges and attorneys have significant experience with mesothelioma claims, reducing the need for MDL centralization.
Multiple Defendants in Different Industries
Unlike product liability MDLs, mesothelioma lawsuits involve diverse industries, including:
- Construction companies
- Shipbuilding firms
- Manufacturers of asbestos-containing products
- Automotive and industrial equipment suppliers
Because exposure sources vary, centralizing all cases under one federal judge would be logistically difficult.
Individualized Exposure Histories
Mesothelioma cases differ significantly because each plaintiff’s asbestos exposure history is unique.
Unlike MDLs where plaintiffs often used the same defective drug or medical device, mesothelioma cases involve exposure from various workplaces, military service, and consumer products.
Asbestos Trust Funds Influence Litigation
Many asbestos manufacturers and suppliers filed for bankruptcy to limit liability, leading to the creation of asbestos trust funds that compensate victims. With billions of dollars available in these trusts, some plaintiffs seek trust fund compensation instead of litigation, reducing the need for MDL centralization.
State Courts Handle Asbestos Cases Without MDL Centralization
Because no MDL exists for mesothelioma claims, each state manages its asbestos litigation separately. Some states have created specialized dockets, while others follow traditional personal injury and wrongful death litigation procedures.
States with Dedicated Asbestos Dockets
Several states have specialized asbestos courts to handle mesothelioma lawsuits more efficiently. These states include:
- New York (New York City Asbestos Litigation – NYCAL)
- California (Los Angeles and San Francisco Asbestos Dockets)
- Illinois (Madison County, one of the busiest asbestos dockets in the U.S.)
- Pennsylvania (Philadelphia’s Complex Litigation Center)
- Missouri (St. Louis Asbestos Docket)
These jurisdictions process large numbers of asbestos cases annually, often setting trial schedules years in advance.
States Without Asbestos-Specific Dockets
In states without specialized courts, mesothelioma claims proceed through general personal injury courts. This often results in:
- Longer wait times for trial dates.
- More procedural hurdles, as judges and lawyers lack experience with mesothelioma cases.
- Variability in verdict amounts, since juries may have less familiarity with asbestos-related illnesses.
Without MDL centralization, plaintiffs and their attorneys must navigate each state’s unique legal system, adding to the challenges of the process.
Click here for additional information about filing a state court mesothelioma claim.
Challenges of Filing Mesothelioma Claims in State Courts
Because mesothelioma cases remain decentralized, plaintiffs face several legal challenges when filing claims in state courts.
Varying Statutes of Limitations
Each state sets different time limits for filing mesothelioma lawsuits. Some states require filing within 1-2 years of diagnosis or death, while others allow up to 6 years for legal action. Plaintiffs must comply with the statute of limitations in the state where the exposure occurred, not necessarily where they currently reside.
Jurisdictional Differences in Compensation and Settlements
States with asbestos-specific dockets (New York, California, Illinois, Pennsylvania) tend to yield higher settlements and verdicts. Other states may have lower jury awards and less favorable legal environments for plaintiffs.
Lengthy Litigation Timelines
Some courts prioritize mesothelioma cases due to the disease’s aggressive nature, moving them to trial faster. However, in other jurisdictions lacking MDL-style collective action, case backlogs and procedural delays force asbestos claimants to wait years before receiving compensation.
Corporate Defendants Use Delay Tactics
Trucking, construction, and manufacturing companies accused of asbestos exposure often file procedural motions to delay cases. Defendants attempt to shift blame onto other companies, complicating liability issues.
Compensation Options for Lung Cancer Victims
Despite the absence of an MDL, mesothelioma victims can pursue multiple avenues for compensation:
Personal Injury and Wrongful Death Lawsuits
Victims can sue former employers, manufacturers of asbestos-containing products, and companies that failed to warn of asbestos risks. Trial verdicts can reach millions of dollars, though many cases settle before trial.
Asbestos Trust Fund Claims
Many bankrupt asbestos companies established trust funds to compensate victims. Over $30 billion remains available for mesothelioma claims. These non-MDL talc and asbestos claims typically provide faster payouts than lawsuits.
VA Benefits for Veterans Exposed to Asbestos
Military veterans make up a large percentage of mesothelioma cases due to asbestos use in Navy ships, military barracks, and vehicle maintenance. The U.S. Department of Veterans Affairs (VA) provides disability compensation and healthcare benefits for asbestos-related illnesses.
Contact our Mesothelioma Claim Attorneys Today
While most mass torts consolidate into MDLs, mesothelioma claims remain in state courts. Each state handles cases differently. As such, legal expertise is critical to secure financial compensation and hold asbestos manufacturers accountable.
A skilled mesothelioma attorney can:
- Identify the best jurisdiction for filing a lawsuit.
- Ensure compliance with state-specific deadlines.
- Maximize compensation through lawsuits, settlements, and asbestos trust fund claims.
- Fight corporate defense strategies that delay justice for victims.
Time is of the essence. If you or a loved one received a mesothelioma diagnosis, call or email our asbestos litigation attorneys for a free claim review.