Court Division Devoted to Asbestos Cases
Last month, San Francisco Superior Court Judge McBride ruled to create a department that will exclusively handle all asbestos lawsuits due to the overwhelming size of asbestos-related cases. McBride is hoping that by creating such a division, not only will cases make it to trial in a timelier manner, but also that more cases may also be settled outside of court.
Judge Harold Kahn with the assistance of Commissioner Arlene Borick will lead the new department. The hope is that by making such a change, the entire litigation process would be streamlined and the court system would not be so backlogged. With over 1,600 cases per year and San Francisco carrying the largest asbestos docket, this move could free up civil jurors time to reside over other types of trials and prevent delays.
The number of asbestos related cases began to rise after the dangers of asbestos became widely accepted and laws were put in place to ban and regulate the use, handling, and disposal of the toxic substance. Many people have been exposed to asbestos, a naturally occurring carcinogenic mineral, either occupationally or environmentally. Once exposed to asbestos, a person runs the risk of developing mesothelioma.
Mesothelioma is caused when asbestos is inhaled or ingested into the body and becomes lodged in the lining of the heart, lungs, or chest cavities. There is a long latency period of 10 – 40 years before symptoms begin to appear after initial exposure. Such delay after exposure accounts for the reason why there are still so many asbestos law suits despite the government bans and regulations.
Mesothelioma cases are expected to continue to rise, and therefore asbestos litigation will also be heavy. Most mesothelioma lawyers are accepting of the new change.
