Skip to main content

filing a meso claim in PA - what paperwork do they actually need from you

Veteran · · 2,816 views
So I'm in San Diego but had to dig into this for another vet I know up in Harrisburg area. PA's got some specific stuff they want and it's not just your diagnosis paperwork.

From what I've learned dealing with my own VA claim since November, you need your actual pathology report, not just a letter from your oncologist saying you have meso. They want the biopsy results with the specific findings. Also medical records showing the exposure history, imaging like your CT scans, and any records from when they first found the mass.

The tricky part is the exposure documentation. That's where it gets messy. You need employment records showing where you worked and when, what you did there, and ideally documentation that asbestos was actually present at that location. Military records are easier because Camp Lejeune stuff is well documented now and the barracks insulation at Lejeune is on record from 1978 through the 80s when I was there. But if it's civilian exposure you're looking at getting old safety records, product documentation, witness statements from coworkers.

Pennsylvania doesn't have a specific mesothelioma statute that's different from other personal injury stuff, so you're working under the general negligence framework. The lawyers typically handle filing the actual claim but they'll want all this documentation from you first before they'll take the case.

Don't wait around on this. Get your medical records together now and start pulling together anything you have on where you worked and what you were exposed to.

8 Replies

Patient
The pathology report thing is absolutely critical. When I got my diagnosis in November I made sure to request not just the summary but the actual pathology slides and the full report from the lab. My oncologist's letter said "peritoneal mesothelioma, epithelioid type" but the claim people need the whole workup including the immunohistochemistry results. That's what proves it's actually meso and not something else.

On the exposure side, yeah, it gets complicated. I worked at the Johns-Manville plant in Cleveland from 1978 to 1985 and I've been pulling together everything I can find. The plant itself is long gone so I've had to track down old OSHA inspection reports, product literature from that era showing asbestos content, and I'm trying to locate former coworkers who can corroborate what we handled. I found one guy on LinkedIn last month who remembered exactly what we were doing with the insulation batts.

The medical imaging is another piece. Make sure you have copies of your initial CT scans from when they first spotted the mass, any follow-up imaging, and your most recent scans. I'm keeping a detailed timeline in a spreadsheet with dates, what symptoms I was having, which tests were done, everything. It sounds obsessive but when you're evaluating HIPEC surgery options you need to know exactly how the cancer has progressed.

PA's general negligence framework means you're really dependent on proving the defendants knew asbestos was dangerous and did nothing. Employment records are your foundation for that. Start requesting your personnel files from the company if they still exist, or from whatever successor company owns the records now.
Veteran
The immunohistochemistry results are huge, yeah. That's what separates actual meso from the guesses. Sounds like you're already ahead of the game on the medical side if you got those slides pulled together back in November.

Johns-Manville is one of the big ones for exposure documentation. They've got some records floating around but you might need to push hard for yours depending on what facility you worked at and when. Have you filed with them directly or are you going through a lawyer yet?
Family
Yeah, the pathology piece is so critical and people skip over it. My dad's oncologist initially just wrote "consistent with mesothelioma" on a letter and I was like, no, we need the actual pathology report with the immunohistochemistry results and the specific cell type documented. That's what clinches it medically. We had to call the hospital pathology department directly because the report wasn't in his regular chart summary, took us about two weeks to track down the original from March when he was first biopsied.

The exposure history part is honestly the hardest for us right now. My dad worked in construction management in the 70s and 80s, but a lot of those companies don't exist anymore and the people he worked with are scattered. We've managed to get some old employment letters and had two former coworkers provide written statements about the materials they handled on job sites, which helped. But it's not like military records where everything's basically catalogued.

One thing that saved us time: we got a copy of his entire medical record in one go instead of requesting things piecemeal. Called the health records department at Northwestern, paid like 45 bucks, and got everything mailed within a week. The imaging reports, the initial workup notes, all of it. Made it way easier to hand over to whoever we end up working with. And honestly, having all that organized also helped me understand his progression better from a clinical standpoint, which sounds weird but it helped me prepare for conversations about what palliative care actually looks like.

Start pulling that stuff now though. You're right about not waiting.
Family
The exposure documentation piece is honestly where I see people get stuck. My dad worked as a maintenance supervisor at a hospital in Chicago from 1982 to 1998, and we spent weeks tracking down old maintenance logs and equipment manifests that actually listed asbestos-containing products. The hospital's records department had some stuff but not everything, so we ended up contacting former coworkers and one of them had kept old safety bulletins in a box in his garage. One dated March 1989 specifically mentioned asbestos in the pipe insulation they were replacing.

What I didn't see mentioned yet is the importance of getting your occupational history documented by your actual medical team before you file anything. My dad's pulmonologist wrote a detailed letter connecting his exposure history to his pleural plaques that showed up on his 2023 CT scan, years before the mesothelioma diagnosis. That letter ended up being almost as valuable as the pathology report because it established the timeline and the mechanism of exposure from a clinical perspective.

Also if you're in PA dealing with this, start gathering documents now even if you're not ready to file. Some hospitals and old employers will only keep records for 7-10 years, so if your exposure was decades ago you might be working with incomplete records anyway. We got lucky with my dad's stuff but I know people who've had to rely on witness statements because the actual employers either went out of business or had purged their files.
Patient
Yeah man, the exposure stuff is the killer. I've been going back and forth with my old employer's records from the brake shop and let me tell you, getting them to dig up paperwork from the 70s and 80s is like pulling teeth. They say half their files got tossed when they moved locations in 2003.

What helped me was tracking down some of the guys I used to work with. Found two buddies on Facebook who remembered we were always covered in that brake dust and one of them actually kept some old invoices showing what brands of pads we used. Those product names let me trace back which ones had asbestos. That's the kind of stuff the lawyers actually want because it connects the dots between what you handled and what was in it.

Also grab your tax returns and W2s going back as far as you can find them. Social Security has records too if you need to verify employment dates. I pulled mine from 1972 all the way through 2015 and it took like two weeks but it filled in gaps in my memory about where I actually worked.

The imaging and pathology report part was straightforward for me since I had the EPP surgery in February and they did the whole workup. But yeah get those together first before you even call a lawyer because they won't move forward without them. Don't sit on it.
Patient
I'm dealing with exactly this right now actually. Diagnosed November at Cleveland Clinic and I've been compiling my exposure documentation since day one. The pathology report thing is critical, they need the actual histology slides and the immunohistochemistry results showing mesothelial markers. My oncologist's initial letter saying "consistent with peritoneal mesothelioma" wasn't enough. I had to request the full pathology from 1983 when I was at Johns-Manville in the insulation division, which I worked there from 1978 to 1985.

The employment records are the nightmare part honestly. Johns-Manville went through bankruptcy in the 80s so a lot of documentation is scattered or archived. I've been requesting my old personnel files and safety records but the company isn't exactly eager to cooperate. What I did find helpful was contacting my former supervisor's family (he passed in 2003) and getting a written statement about asbestos handling practices back then. That's been worth more than you'd think.

One thing nobody tells you is how long the medical record retrieval takes. I requested everything in late November and I'm still waiting on some imaging from my initial CT scan in October. Keep calling them, be specific about dates, don't just say "all my records." Ask for the actual imaging files on CD and the radiologist's impression separately.

Pennsylvania's general negligence framework means they're looking at your specific job duties and whether the company knew or should have known about the hazard. Since I was actually working in the insulation manufacturing process I have a pretty clear exposure history. Get everything together now because once a firm takes your case there's still a timeline they need to work within.
Veteran
Yeah you're hitting on exactly what tripped me up. The "consistent with" language doesn't cut it, they need the actual markers and cell type documented. Sounds like you're way ahead of the game pulling stuff from Johns-Manville though, that's solid exposure history right there. Have you been able to get any of their old safety records or product docs from back then, or are you mostly working with your own employment records and what you remember about the work conditions?
Attorney Expert Response
Carl, the brake shop situation is actually one of the more well-documented exposure scenarios in asbestos litigation, which could work in your favor. Bendix and Raybestos both have extensive product liability histories going back decades, and if you can pin down which brake products your shop was using in that era, there may already be existing documentation on file from prior cases. Courts have seen this fact pattern thousands of times.

The piece nobody's mentioned yet is the statute of limitations. In Pennsylvania you're typically looking at a 2-year window from the date of diagnosis, not from when the exposure happened. That clock matters. I've seen cases where people spent so long gathering exposure docs that they were scrambling on the filing deadline, and that's a situation you really don't want to be in.

Talk to an attorney about your specific timeline, because jurisdiction can affect how that clock gets calculated.
2 found this helpful

Share Your Experience

Sign in or create a free account to share your experience.

Discussions in this community are for informational and emotional support purposes only. They do not constitute legal advice, medical advice, or an attorney-client relationship. Always consult a qualified professional for advice specific to your situation. Community Guidelines

Call Now: (800) 400-1805 Free Case Review • Available 24/7