First quarter MC asbestos case filings down; Napoli filed fewest cases

In a review of cases filed in the first three months of the year, Madison County has seen another decline in asbestos cases. This comes two years after the docket experienced a record-breaking year in 2013 with 1,678 asbestos case filings.

A total of 292 new cases were filed through March 31, a drop from last year’s 364 new cases filed in the first quarter of 2014.

Another surprising drop was the number of cases filed by New York based Napoli Bern Ripka Shkolnik, which opened a local office in Glen Carbon in 2012. The firm went from leading the pack of plaintiff attorneys in case filings last year to filing just one lung cancer case so far this year.

Of the total cases filed through March 31, 17 of the cases, or 6 percent, were filed on behalf of Illinois residents, only one of which is from Madison County, or less than 1 percent of the total cases filed.

While the case filings this year have gone down, the percentage of cases filed on behalf of Illinois residents has increased. So far this year, 94 percent of the cases have been brought on behalf of non-Illinois residents, compared to 89 percent for the same period last year.

Madison County also saw two cases filed on behalf of plaintiffs from other countries – one plaintiff from Canada and one plaintiff from the Philippines.

There were two plaintiffs with unknown locations, as their residence was not provided.

The one Madison County resident’s case alleges colon cancer and was filed by Goldenberg, Heller, Antognoli & Rowland. It’s the only case to allege asbestos-related colon cancer.

The filings this year have been dominated by mesothelioma claims, with 89 percent, or 260 cases, alleging mesothelioma as a result of asbestos exposure, which is up compared to last year’s 65 percent mesothelioma cases.

Roughly 10 percent, or 28 cases, allege lung cancer as a result of asbestos exposure, which is lower than last year’s 35 percent non-mesothelioma cases.

The Simmons firm of Alton returned to its position as the leading filer in Madison County. The firm filed a total of 84 cases, or 29 percent of the total.

Case filing stats

Disease:

- 89 percent, or 260, were mesothelioma cases

- 10 percent, or 28, were lung cancer cases

- 1 case was an asbestosis case, amounting to less than 1 percent

- 1 case was a colon cancer case, amounting to less than 1 percent

- 2 cases did not mention the disease, amounting to less than 1 percent

Firms and filings:

- Simmons: 84 cases, or 29 percent, nine lung cancer cases, or 10 percent

- Gori Julian & Associates: 74 cases, or 25 percent

- Maune Raichle Hartley French & Mudd: 58 cases, or 20 percent

- SWMK Law: 26 cases, or 9 percent, six lung cancer cases, or 23 percent

- Shrader & Associates: 19 cases, or 7 percent

- Flint & Associates: 12 cases, or 4 percent, six are lung cancer cases

- Richardson, Patrick, Westbrook & Brickman: 6 cases, or 2 percent

- Schoen, Walton, Telken & Foster and Bullock, Campbell, Bullock & Harris: 4 cases, or 1 percent, all lung cancer cases

- O’Brien Law Office: 4 cases, or 1 percent

- Goldenburg, Heller, Antognoli & Rowland: 2 cases, or less than 1 percent

- Carver, Cantin & Grantham: 2 cases, or less than 1 percent, both lung cancer cases

- Napoli: 1 case, or less than 1 percent, lung cancer case