What is Mesothelioma?

Mesothelioma is a type of cancer most commonly found in the lungs. The ’mesothelium’ is a thin layer of tissue that protects our internal organs. When tumors develop in parts of the mesothelium (most commonly around the lungs), it can indicate mesothelioma. Asbestos is generally considered to be the cause of mesothelioma. When asbestos fibers are inhaled they get stuck in the lungs, leading to scarring and inflammation — in some cases, this can lead to mesothelioma. 

According to the American Lung Association, there are an average of 3000 U.S cases of mesothelioma per year. While not a small number, mesothelioma cases are relatively rare; the same source suggests the total US cases of lung cancer in a year are over 221,000. However, despite their comparatively small numbers, mesothelioma cases take up a fair amount of screen time. Although mesothelioma cases are relatively rare (and likely to decrease since the use of asbestos was outlawed in 1989) legal efforts to reach people with the disease have remained steady. In fact, asbestos litigation is the longest running mass tort in American history.

Why? The American Lung Association suggests that 8 out of every 10 people who develop the disease report some form of asbestos exposure. Once this exposure (and the patient’s diagnosis) is proven by the lawyer, the patient can access compensation trust funds set out for victims of asbestos use and manufacturing. Many of those affected by mesothelioma worked around asbestos, often without their knowledge. Since 99% of asbestos damage happened at work in these cases, these asbestos compensation funds are intended to cover costs of healthcare for victims who were not warned of the danger, and compensate their families and treatments. 

Where Do Medical Records Come In?

The current prevalence of mesothelioma in TV commercials is due (at least in part) to medical records. Like any personal injury, workers compensation, or other claim involving legal compensation for an illness or injury, accessing mesothelioma funds depends on two things: proving the patient has or has had mesothelioma, and proving that they worked or still work with asbestos. Of the people who were exposed to asbestos, 700,000 have filed a claim. For all of these claims, medical records were essential. On the victim’s side, a lawyer may reference:

• CT scans or ultrasounds showing mesothelioma tumors
• Chest x-rays demonstrating thickening of the pleura, the lung-based form of the mesothelium
• Heart exams
• Blood tests
• Biopsy (for both the fluid which surrounds the lungs or other affected organs, and the tumors)
• Lung function tests

On the lawyer’s side, the case begins and ends with the medical records: prove that the victim was in the presence of asbestos to cause the mesothelioma, and prove that mesothelioma is indeed their current medical situation. Once they have proven both, the asbestos litigation case often doesn’t even need to reach the courtroom. Companies who had proven exposure to asbestos were often forced into bankruptcy by the number of claims; as a condition for these bankruptcies, the company was forced to set funds aside in compensatory group trusts for future victims. All of this is why you hear so much about mesothelioma on TV.

Mesothelioma’s Impact on the Claims Industry

Claims professionals are likely already aware of mesothelioma and the impact of asbestos, whether or not they watch much television. Asbestos exposure has been called the biggest occupational health disaster in history. Asbestos itself has been a known carcinogen as early as WW2. However, most production manufacturers who worked with the substance had not warned workers about the risk — leading to decades of occupational hazard, and an increasingly prominent ‘asbestos litigation’ industry. For victims of asbestos, medical records are what will best support their case, making the outcome lucrative for both victims and their lawyers. 

All of this means mesothelioma commercials are here to stay — but if they continue to result in payouts for decades of harmful asbestos exposure and compensation awarded to victims and families, this might not be such a bad thing.