The asbestos filings nationwide have decreased slightly in the first quarter of 2023 but are expected to be similar to 2022 filings, reports Washington D.C.-based technology and management consulting firm KCIC.
Megan Shockley Burns and Jazmin Gelbart presented the 2022 and 2023 asbestos filing trends during a webinar hosted by KCIC.
Burns said there has been a 5% decrease in asbestos case filings so far in 2023, according to data received through April 15.
She explained that asbestos case filings follow a stairstep trend, meaning one year is “pretty static” and then followed by a decrease. This year is expected to be static following last year’s reported 7% decrease.
Mesothelioma case filings continue to increase, with a 3% rise over last year’s numbers, and lung cancer case filings continue to decrease, with a 9% drop.
Madison County continues to see the most asbestos case filings so far in 2023, followed by New York and St. Clair County. The top five jurisdictions are rounded out with St. Louis and Philadelphia.
In 2022, Madison County maintained its reputation as the epicenter for asbestos litigation. There was a total of 3,550 asbestos filings in 2022, and Madison County made up about 27% of those cases.
While St. Clair has seen less filings than New York so far this year, it saw the second most asbestos case filings in 2022. Despite its second place ranking, St. Clair County did see a 32% drop in filings when compared to 2021.
“Madison and St. Clair together make up about 40 percent of all filings [in 2022], just in those two locations in Illinois,” Burns said.
St. Louis and Cook County were ranked #6 and #7 for the most asbestos cases filed in 2022.
“Again, we saw on the heat map that Illinois is by far the epicenter where most of these complaints are filed,” Burns said.
Of those asbestos lawsuits filed in Illinois, approximately 93 percent of them were filed by out-of-state plaintiffs.
“Illinois is where the majority of all filings are, and there is a large number of plaintiffs that do not live in Illinois,” Burns said.
Burns and Gelbart said the 2022 filing numbers can be attributed to an increase in mesothelioma claims and decrease in lung cancer claims.
“Really, the takeaway here is to look at the disease mix,” Burns said.
Gelbart explained that mesothelioma claims are trending downward, even though there was a slight increase in filings for 2022.
Illinois accounts for just under half of all mesothelioma case filings, with Madison County making up most of those numbers.
“Madison County has overwhelmingly been the top jurisdiction for mesothelioma cases for a while now,” Gelbart said.
On the other hand, lung cancer claims are trending upward despite a decrease in 2022 case filings. Lung cancer cases amounted to 35% of the total 2022 filings, with a 28% decrease in St. Clair County filings. Gelbart noted that St. Clair County has been a “major driver” for those cases.
Despite the drop in lung cancer filings in St. Clair County for 2022, they were still the majority of asbestos cases filed in that jurisdiction.
Burns and Gelbart also discussed allegations of talc exposure within the asbestos cases filed in 2022, with 11% of 2022 filings including talc claims.
Madison County saw the most talc claims, making up 24% of the cases. Most of those talc-related asbestos lawsuits were filed by the Gori Law Firm - 19% of the filings.
Nearly half, or 48%, of the talc claims were filed by female plaintiffs, and 20% of the claims were included in lawsuits alleging mesothelioma as a result of toxic exposures.