While asbestos case filings have been down about 3 percent nationwide so far this year, Madison and St. Clair Counties remain the top asbestos jurisdictions.
A midyear report was released by KCIC, a Washington-based technology and consulting firm, after reviewing approximately 90 percent of the total asbestos filings in the U.S. from Jan. 1 to July 31, 2022. KCIC reports that it received a total of 1,914 asbestos personal injury suits filed so far in 2022, representing a 3 percent decrease from 2021 and a 7 percent increase from 2020 nationwide.
Madison County, which has been established as the epicenter of asbestos litigation, saw a 3 percent decrease in filings. Madison County's drop in cases is in line with the 3 percent decrease nationwide.
| KCIC
Specifically, Madison County had 493 filings by the end of July. By comparison, the county had 580 cases by midyear in 2020 and 508 in 2021.
According to the report, Madison County’s asbestos filings account for approximately 26 percent of the total 2022 midyear filings.
St. Clair County saw the largest decrease in filings, where there were 33 percent fewer filings so far in 2022. The jurisdiction saw 225 asbestos cases filed by midyear in 2022, compared to 335 in 2021 and 186 in 2020.
“This difference is due to fewer lung cancer filings in that location by The Gori Law Firm, Flint Cooper, and SWMW Law,” the report states.
Neighboring jurisdictions in St. Louis and Cook County also made the list of top asbestos filers. St. Louis saw 77 asbestos cases filed, which was down 32 percent. Cook County also saw a 15 percent decrease with 56 asbestos case filings.
The Gori Law Firm, based in Edwardsville, also remains the top asbestos filer with 288 filings, or 15 percent of the total asbestos cases so far in 2022. However, even Gori’s filings were down by roughly 14 percent. In 2020, the Gori firm filed 265 cases by midyear, and in 2021, 334 cases.
Simmons Hanly Conroy in Alton came in third with 183 asbestos cases filed so far in 2022, which is down 12 percent from last year. In 2020, Simmons filed 255 cases by midyear, and in 2021, 208 cases. Simmons’ cases accounted for approximately 9.6 percent of the asbestos cases filed nationwide.
SWMW Law had the largest nominal decrease in filings - from 146 cases in 2021 to 91 cases in 2022 - and Flint Cooper saw the largest percentage decrease in filings - a 49 percent decrease.
“Both firms’ decreases were attributable mostly to fewer lung cancer filings in St. Clair, IL, and St. Louis, MO,” the report states.
On the other hand, Napoli Shkolnik increased its asbestos filings by 53 percent compared to this time last year - from 36 cases in 2021 to 55 cases in 2022 - due to a rise in lung cancer filings in Madison County.
Similarly, Maune Raichle Hartley French & Mudd saw a 33 percent increase in filings from last year - from 115 cases filed in 2021 to 153 cases in 2022 - due to an increase in mesothelioma filings in Madison County.
When examined by disease, the report states that mesothelioma case filings have increased 2.6 percent from last year, accounting for roughly 51 percent of all asbestos cases filed so far this year. Specifically, there were 980 mesothelioma cases filed, compared to 955 cases in 2021, 964 cases in 2020 and 1,135 cases in 2019.
“The increase in mesothelioma filings compared to this time last year is due to increases from firms such as Maune Raichle Hartley French & Mudd (34% increase) and Early Lucarelli Sweeney & Meisenkothen (122% increase), which offset decreases in mesothelioma filings by Simmons Hanley Conroy (5% decrease) and The Gori Law Firm (10% decrease),” the report states.
Lung cancer cases were down by 16.6 percent compared to last year, but they still made up approximately 35 percent of all asbestos case filings. Specifically, there were 666 lung cancer cases filed so far this year, 799 in 2021, 647 in 2020 and 727 in 2019.
“The decrease in lung cancer filings so far in 2022 compared to the same period in 2021 is attributable to fewer filings by The Gori Law Firm (15% decrease), SWMW (39% decrease) and Flint Cooper (46% decrease),” the report states.
The remainder of the asbestos cases filed are made up of other cancers (2.3 percent), non-malignant cancer (7.6 percent) and unknown diseases (4.1 percent). Each of those disease types have increased by more than 20 percent when compared to mid-year in 2021.
KCIC predicts that the mid-year trends suggest a slight decrease in annual asbestos filings for 2022.
“By July 31 in each of the past five years, KCIC has received, on average, 51% of what ended up being the total annual filings,” the report states. “Based on this metric, total 2022 filings can be estimated at 3,773. That would represent a 1% decrease in annual filings compared to 2021. By disease, we can estimate increases of 6% for mesothelioma filings, 15% for other cancer filings, and 29% for unknown/unstated disease filings compared to 2021. We can estimate decreases of 13% for lung cancer filings and 1% for non-malignant filings compared to 2021.”
“It is too early to know for certain if these mid-year trends will hold steady throughout the end of the year,” it continued. “However, mid-year observations are certainly an interesting preview of what the asbestos litigation filings picture may look like for all of 2022.”