Overview of Asbestos in Vermont
The New England Asbestos Mining and Milling Company opened an asbestos mine near Belvedere, Vermont in 1899. The mine operated under several owners including an employee co-op until 1993, at one point during the first half of the 20th century turning out most of the asbestos ore used in the United States.
Vermont is an old state full of old structures, public and private. To the degree that industrialization occurred in the state during the 100 year period when asbestos was widely used in roofing, flooring, siding and insulation, it occurred in the form of mills built along the rivers and power plants constructed to bring electricity to the state. The Gilman Paper Company in Gilman, the Owens Illinois plywood plant in Troy and the General Electric plant in Burlington are all listed as industrial locations where employees were exposed to asbestos. The Vermont Yankee nuclear power plant has been an environmental disaster, but there has been little discussion of the asbestos products used in the plant which came on line in 1972.
Mesothelioma & Asbestos Deaths in Vermont
A study of asbestos related deaths over the period 1979 to 2000 found that 29 deaths due to asbestosis had been reported and between 46 and 77 deaths were attributable to mesothelioma and asbestos lung cancer during that period. The federal government began tracking asbestos deaths in 1999 and issued and reported an additional 34 mesothelioma deaths in Vermont over that six year period.
Legal Rights of Mesothelioma Victims in Vermont
The Vermont Department of Health has oversight for asbestos abatement regulations and for training of licensed asbestos removal professionals. State law provides a three year window after someone has been diagnosed with mesothelioma or another asbestos related disease to file a personal injury suit or a product liability action. For families who have lost a relative to mesothelioma cancer or another asbestos disease there is a two year period after the date of death to file a wrongful death complaint.
Asbestos Lawsuits in Vermont
There were two cases in Vermont involving asbestos where mesothelioma claims were dismissed because diagnosis took place long after the asbestos exposure. In one case the court agreed with the claimant’s argument that the statute of limitations should run from the time of discovery of the disease rather than the exposure. The Vermont legislature then amended the Occupational Disease Act.
