Overview of Asbestos in Virginia
The Appalachian chain running though Virginia has some geographic formations that have created a number of natural asbestos sites. For many years there were two asbestos mines in the Richmond area. There is a vermiculite mine located in Louisa County, Virginia where asbestos contamination of the ore was identified in 2000. The mine has been repeatedly cited for failing to protect miners from asbestos dust, but continues to operate.
Virginia also has a substantial industrial base that contributed to asbestos exposure during the 20th century. The shipyards in Newport News and the naval shipyards and bases in Norfolk and Portsmouth have built and repaired hundreds, if not thousands of ships during their long histories. Sailors and shipyard workers are two professions at the top of the list for risk of asbestos exposure. The use of asbestos insulation, pipe fittings and asbestos products in pumps occurred in every Navy ship commissioned between about 1930 and 1970. Virginia also is home to many chemical plants and power plants, many of which were built as Northern Virginia became a Washington suburb after World War II.
Mesothelioma & Asbestos Deaths in Virginia
The history of marine industry has taken its toll on Virginia, which ranks tenth among states in asbestos related deaths proportionate to population. A survey of death certificates dated from 1979 to 2000 shows 790 asbestosis deaths in the state during that period and between 599 and 972 mesothelioma and asbestos lung cancer deaths during the same period. The federal tracking of mesothelioma deaths, which began in 1999, shows 534 fatal cases between 1999 and 2005.
Legal Rights of Mesothelioma Victims in Virginia
The Virginia Department of Labor and Industry regulates asbestos through enforcement of EPA and state standards on abatement and enforcement of the state occupational health laws. State law provides for a two year period after discovery of a harm – in this case, diagnosis of mesothelioma or another asbestos related disease – during which a personal liability suit can be filed. There is also a two year statute of limitations for a wrongful death suit. However there is a five year window of opportunity for a product liability action.
Virginia maintains a pure joint and several liability standard, which means that any defendant in a multi-defendant case, which is what most asbestos lawsuits are, may be held liable for the entirety of the damages rather than just the apportioned damages if other defendants cannot pay.
Asbestos Lawsuits in Virginia
There is ongoing activity in the Virginia courts regarding asbestos litigation. In 2005 the widow of a shipyard worker at Newport News Naval Shipyard who developed mesothelioma cancer was awarded $9.25 million in damages against John Crane and Garlock, two companies that manufactured gaskets and sealants containing asbestos.
