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

Veteran · · 13 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.

4 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.

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