Trial lawyers win a big late victory
Thursday, Dec 4, 2014 - Posted by Rich Miller
* From a Senate Democratic press release…
Mesothelioma, a type of cancer linked to asbestos exposure, is often an aggressive and fast-moving disease. Attacking the membranes that protect the heart, lungs and other vital organs, it causes death within an average of eight to fourteen months following diagnosis.
But symptoms typically don’t manifest themselves for 20 years — or even as long as 50 years — following exposure to the fibers that make up asbestos, which was widely used in construction as late as 1970s and is still being removed from many homes and buildings.
That’s a problem for sufferers and their families, who are currently barred by Illinois law from seeking damages from negligent construction companies more than 10 years after they were exposed to asbestos.
State Senator Kwame Raoul recently sponsored legislation to change that by removing the time limit on lawsuits over mesothelioma and other asbestos-related diseases.
The House and Senate have both approved the measure, and if signed by the governor, it will become law, allowing victims of this deadly and preventable cancer to seek compensation for their medical expenses and their pain and suffering.
* There are other views, of course…
Described by one opponent as a “last-minute and desperate attempt” to change rules before Republican Gov.-elect Bruce Rauner is sworn-in, Senate Bill 2221 will move to the desk of outgoing Democratic Gov. Pat Quinn’s for signature. […]
Another critic, Travis Akin, executive director of Illinois Lawsuit Abuse Watch, said the bill will “open up a whole new way for personal injury lawyers to file asbestos lawsuits in Madison County.”
“Madison County already attracts about one quarter of the nation’s asbestos lawsuits. This will only attract more out-of-state lawsuits and make Illinois even more of magnet for out-of-state lawyers looking to hit the lawsuit lottery in Illinois,” he said. “This legislation will only lead to more lawsuits and what Illinois needs is jobs – not more ways to sue.”
Approximately 40 business opposed the bill during session on Monday.
Mark Denzler, vice president and chief operating officer of the Illinois Manufacturers’ Association, called the amendment introduced two days before Thanksgiving the “veto session surprise.” He and others said the legislation would be detrimental to business interests.
* More on the Madison County angle…
This Monday, on the first day of the month, 181 asbestos cases were scheduled for trial in Madison County Court. Can you guess how many of the plaintiffs were from Madison County?
You’re not going to win anything if you guess correctly – other than bragging rights – but it’s a challenge and you have to respond because we’re daring you to do so.
Come on, take a wild guess. Out of 181 suits scheduled for trial, how many plaintiffs are from Madison County? 150? 100? 50?
Believe it or not, out of 181 asbestos cases filed in Madison County Court, only one plaintiff is a Madison County resident.
She is represented by the Simmons Hanly Conroy firm in Alton.
Of the 180 plaintiffs who are not Madison County residents, at least 163 are represented by the Simmons firm.
* But things may be changing elsewhere…
Despite a string of multimillion-dollar jury verdicts in favor of plaintiffs, asbestos defendants may now have a friendlier forum in McLean County, Illinois. Recently, after a three-week trial, it took a McLean County jury just one-and-a-half hours of deliberation to reach a verdict for the defendants in a forum that was once placed on the “Judicial Hellholes Watch List” by the American Tort Reform Foundation. The decedent in McGowan v. Illinois Central Railroad (Case No. 08-L-12) was a former rail yard worker. The plaintiff in McGowan alleged the decedent was exposed to and came into contact with asbestos-containing products of Sprinkmann Sons Corporation of Illinois, an insulation contractor, while working at Illinois Central Railroad. In light of the testimony from the decedent’s brother that he could not specifically remember Sprinkmann or any other insulation contractor being at the Illinois Central Railroad yard, perhaps the verdict for the only two remaining defendants in the case should not be a surprise. After all, Judge Rebecca S. Foley had granted a defendant’s motion for a directed verdict at the end of the plaintiff’s presentation of evidence on the product liability claim, with only the plaintiff’s spoliation of evidence claim proceeding to the jury.
What may be more remarkable is that the verdict for the defendants was the third such verdict recently reached for Sprinkmann in asbestos cases in McLean County, according to HarrisMartin Publishing. Defense counsel in the McGowan case – Matushek, Nilles & Sinars LLC – also report three recent verdicts in favor of asbestos defendants in McLean County. The defense verdicts are significant in part because McLean County is not a high volume asbestos litigation forum and, therefore, the verdicts represent a good sample of cases in the county. To date, only eleven asbestos cases have even been filed in McLean County in 2014.
- Anyone Remember - Thursday, Dec 4, 14 @ 10:12 am:
“Believe it or not, out of 181 asbestos cases filed in Madison County Court, only one plaintiff is a Madison County resident.”
Without more details, this is somewhere between a drive-by comment and sock puppetry. People injured / harmed by a railroad can either sue where the accident occurred or where the railroad is headquartered in Illinois - generally Cook or St. Clair counties. At one time, was there not a lot of “asbestos manufacturing” in Madison County? Using the same approach, does it not make sense to file the suit in the county where the company is located? More details would be helpful.
- Nearly Normal - Thursday, Dec 4, 14 @ 10:12 am:
RE: McLean County courts have not had a lot of asbestos lawsuits in the recent past. However, years ago, some of the first successful lawsuit for asbestosis was judicated in McLean County.
There was an asbestos processing plant on the west side of the rail yards in Bloomington. The company, UNARCO, went under and was bought by the Owens-Corning company. They paid out millions in claims from former employees.
The McLean County Museum of History had a display on this in their building.
http://www.claimsjournal.com/news/midwest/2013/06/10/230482.htm
- Nearly Normal - Thursday, Dec 4, 14 @ 10:24 am:
Correction: Besides my poor edit of my comments above, I should have noted that the exhibit, “A Deadly Deception: The Asbestos Tragedy in McLean County”, is scheduled to open in 2015.
I wonder if, in the future, the defendants in any lawsuits pertaining to asbestos exposure would have grounds for a change of venue out of the county?
- walker - Thursday, Dec 4, 14 @ 10:31 am:
Madison County venue-shopping is a disgrace.
A 10-year limitation on filing suits regarding a medical condition that takes 20 years to manifest itself, is also a disgrace.
The Madison County argument is a red herring to take our eyes off the real issue.
- Anon. - Thursday, Dec 4, 14 @ 10:33 am:
The General Assembly can extend the statute for cases that are still timely under the old law and for future violations. But once the limitations period has expired for bringing a case, the case is dead and the General Assembly can’t bring it back by enacting a new, longer statute of limitations. So if anyone brings a lawsuit for a case that is already barred under the 10-year rule, the defense lawyer may want to look at the Illinois Supreme Court’s decision in Sepmeyer v. Holman, 162 Ill.2d 249, 642 N.E.2d 1242, 205 Ill.Dec. 125 (1994).
- Apocalypse Now - Thursday, Dec 4, 14 @ 10:41 am:
The beneficiary of this legislation is the trial lawyers, while the average person gets little, if anything. Their cry ,”Show me the money”.
- Anonymous - Thursday, Dec 4, 14 @ 12:18 pm:
Thank you McLean County. There is hope in Illinois.
- Judgment Day - Thursday, Dec 4, 14 @ 12:49 pm:
The entire Asbestos area is a flat out nightmare. Have friends who are in litigation over death of loved ones from Mesothelioma.
But there’s a lot of excessive litigation out there over asbestos. Way excessive.
It’s really a situation where both sides spend most of their time throwing anecdotal evidence/stories at each other, with a lesser regard for actual evidence.
- econ prof - Thursday, Dec 4, 14 @ 1:25 pm:
The Madison County asbestos docket is more out of control than ever before, despite Ann Callis’ claims to have “cleaned it up”. There were a record 1600+ asbestos cases filed in Madison County last year and only 9 were filed by Madison County residents. Over 90% of them are from out-of-state residents.
As the demographics continue to change in Madison County, so will the courts. They just elected only the 2nd Republican judge in the past century, despite the Democrat (entirely funded by asbestos firms) outspending him 40-to-1.
When more than 25% of the nation’s asbestos cases are filed in one small county in Southern Illinois, there’s clearly a problem with the system.
- in the know - Thursday, Dec 4, 14 @ 2:16 pm:
FACT: There has not been one pro plaintiff asbestos verdict in Madison County in over a decade.
It’s also worth pointing out that the “newspaper” article being cited is owned by the Chamber of Commerce.
- In The No - Thursday, Dec 4, 14 @ 2:55 pm:
in the know, are you suggesting that the organs of the press are being manipulated? Travis Akin’s comments are fed to him by big insurance and other enenies of civil justice.
- out of know - Thursday, Dec 4, 14 @ 8:18 pm:
FACT: Asbestos “verdicts” are not the real story of abuse in Madison County.
Probably only one of every 500 cases actually goes to trial, meaning there are tens of settlements in each of the other 499 cases.
It would be interesting to see the Supremes study Madison County with a confidential recording of every settlement for one year’s worth of cases. I’ve read some estimates that each asbestos case settles for around $3 million (that’s many small settlements with the as many as 70 individual defendant companies).
So, if each case is worth $3 million, the plaintiffs firm makes 1/3, or $1 million per case.
At 1500 cases annually, Madison County is generating $1.5 billion in fees for the attorneys. That’s a hefty bill for lawyers that file complaints that are 95 percent worded the same in every case.
Maybe we could tax their fees to pay off Illinois’ pension debt.
More likely that their billions in fees will likely fund Lisa Madigan’s future campaign for Governor.