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timeline on meso lawsuits - what's realistic from filing to actually getting paid

Patient · · 519 views
So I'm about four weeks out from diagnosis and my lawyer mentioned the settlement process but didn't give me a straight answer on how long this actually takes. I know every case is different but I'm trying to get a realistic sense of the timeline. Are we talking months, a year, multiple years?

I worked at the Johns-Manville plant in Cleveland from 1978 to 1985 and there's pretty solid documentation of that exposure. My lawyer seemed confident about the claim but when I asked specifically how long from filing to receiving a settlement check, he kind of gave me the "it depends" answer which I get but I need actual numbers.

Does anyone have experience with how long the process actually takes? And I guess more specifically, does it matter if the company is still operating versus bankrupt trust claims? I've been reading some stuff about how the trust route moves faster in some cases and slower in others, and I'm trying to understand what factors actually affect the timeline.

Also if anyone went through this already, did your lawyer give you a clearer picture once discovery started or did that actually drag things out longer?

9 Replies

Patient
Yeah my lawyer gave me the same runaround at first, but once we actually filed it got clearer pretty quick. Mine's been about 8 months so far from diagnosis to where we are now and honestly the trust stuff moved faster than I expected, but I know guys who waited a couple years so it really does depend on what you're dealing with.
Attorney Expert Response
The Johns-Manville piece is actually significant here. JM went bankrupt in 1982 and the Manville Personal Injury Settlement Trust has been operating since 1988, so your exposure window overlaps with both the pre-bankruptcy period and the trust era, which means your attorney may be looking at multiple claim avenues simultaneously.

From what I've seen over two decades, well-documented plant exposure like yours tends to move faster than cases where someone has to piece together a work history. Trust claims through established funds can sometimes resolve in the 6 to 18 month range. Active company defendants... that's where you can see 2 to 3 years, sometimes longer if they contest exposure.

The question I'd push your attorney on is specifically how many defendants they're anticipating and whether any are still solvent corporations. That answer alone will tell you more about your realistic timeline than almost anything else. Once discovery starts you typically get a much clearer picture, Carl's right about that.

Also worth knowing, most jurisdictions have expedited trial tracks for mesothelioma specifically because of prognosis. Ohio has provisions for this. Definitely ask your attorney if that's been filed.

Consult with your own attorney about the specifics, every situation really does vary.
3 found this helpful
Veteran
Filed my claim back in October after the pleurectomy in August. Navy exposed me on the Oriskany from 1971 to 1991 as a hull tech, so documentation was solid with service records. My lawyer M. gave me the same "depends" answer which drove me nuts because I needed a timeline for planning purposes.

Here's what actually happened. The initial filing took maybe six weeks. Then discovery dragged on for four months because they wanted everything from my medical records to old shipyard photos. During that time M. kept saying "this is normal, don't worry" which helped some. The company I sued is still operating so we didn't go the trust route but my understanding is that moves faster in some cases. Talked to a Chief at the VA clinic in Norfolk who went through a trust claim and his took about eight months total from filing to check.

The real slowdown came when they tried to dispute the exposure timeline. We had to pull records from 1978 to prove I was actually working those areas of the ship. That alone cost us two months of back and forth. But once we got those records in front of them around mid January the whole thing accelerated. Settlement came through in late March.

So for me it was roughly five and a half months from filing to getting the check. That's faster than some cases I've heard about and probably because the documentation was airtight and the company didn't want to drag it out to trial. Your Cleveland plant exposure from those years is solid though. That's the kind of case where companies know they're going to lose.

Don't let your lawyer brush you off on the details. Push him to give you a realistic range based on similar cases he's handled.
Attorney Expert Response
Your situation actually involves both routes, which is worth understanding. Johns-Manville went bankrupt in 1982 and established what became the Manville Personal Injury Settlement Trust. So your primary claim would likely run through that trust rather than through traditional litigation against an operating defendant.

Trust claims can move meaningfully faster in some respects. The Manville Trust and similar ones operate under established payment percentages and claim matrices, so there's less of the back-and-forth that drags out conventional litigation. We've seen straightforward trust claims resolve in the six to twelve month range from submission to payment. But "straightforward" is doing a lot of work in that sentence.

The factors that tend to extend things are medical record collection, employment verification (your 1978-1985 work history documentation is a real asset here), and whether the trust requests an in-person deposition or accepts a sworn affidavit. Diagnosis type matters too. Pleural mesothelioma and peritoneal can sometimes follow different tracks depending on the trust's criteria.

Now here's the thing a lot of people don't realize. You may also have claims against other manufacturers whose products were present at that plant during those years. Those could run concurrently through litigation or other trusts, and that process typically takes longer, sometimes eighteen months to several years depending on whether it settles before trial.

Your documentation of the exposure is genuinely one of the bigger variables. The more clearly you can establish product identification, the smoother most of this goes.

Please do consult with an attorney about your specific situation, ideally one who handles trust claims regularly and can walk you through the Manville Trust's current payment percentage...
3 found this helpful
Veteran
Diagnosed about eight months ago so I'm still in the thick of it. Got my pleurectomy in August and started the legal process right around the same time. My lawyer at VA med center Norfolk pointed me toward the trust route since most of my exposure was Navy shipboard work on the Oriskany back in the 70s and 80s, asbestos all over that ship.

From what I've learned, trust claims move faster than active litigation. We filed in September and got our initial determination in November, so about two months. That's way faster than going after a company that's still operating. If you're looking at an actual defendant corporation they drag things out intentionally because that's what they do. Discovery alone can run eighteen months easy.

The trust route had clear documentation requirements and they told us upfront what they needed. Medical records, work history, the exposure proof. We had it all together in about three weeks. The money part though, that's where patience comes in. Once they approve your claim the actual payout happened within 30 days for us but I've heard of people waiting longer depending on the trust's liquidity situation.

Your lawyer should be able to tell you which route makes sense for your case. Johns-Manville exposure from Cleveland in the late 70s, that's solid. If there's a trust involved you might see settlement in the six to nine month range. If it's against an operating company, prepare for two to three years minimum and don't count on anything until discovery wraps.

The "it depends" answer is frustrating but it's honest. Every case really is different depending on which defendant, what trust, how much documentation exists.
Patient
Two months from filing to initial determination is actually really helpful to know. Were you able to move straight to the trust claim without any back and forth, or did they ask for additional documentation on your Navy service? I'm trying to figure out if having the Johns-Manville employment records on file speeds things up or if they still want to verify everything independently. And when you got that initial determination in November, was that basically the settlement offer or is there more negotiation that happens after that point?
Patient
Man I'm only a few months ahead of you so take this with a grain of salt, but my lawyer was pretty straight with me once I actually pushed back on the "it depends" thing. Turns out they do know, they just don't wanna promise something and have you mad at them later if it takes longer.

From what I'm hearing from guys in my support group and my own situation, if you're going the trust route with a bankrupt company you're probably looking at like 6 months to maybe 18 months total. My case manager said we could be looking at settlement by fall 2026 which would be less than a year from diagnosis. But if the company is still around and fighting it, that's when you get into the 2-3 year range or longer. Discovery is where things can either move fast or get stuck in the mud depending on how much paperwork exists.

Your Johns-Manville docs sound solid tho. I had brake pad exposure from 1970 to 2000 at my shop in Detroit and my lawyer said that's actually pretty cut and dried once you got the employment records. The companies basically already know they're liable so sometimes that speeds things up instead of slows it down, if that makes sense.

I didn't really get more clarity once discovery started honestly. It's just been waiting for responses to requests and then more waiting. The real talk is you gotta stay on your lawyer's office. Call them every couple weeks and ask where things stand. They won't volunteer updates but they'll tell you when you ask. That's what I learned anyway.
Family
I haven't been through the settlement side myself yet since Joe was only diagnosed in September and we're still in the immunotherapy phase, but I will say this... the waiting is real and your lawyer probably isn't being cagey to dodge you. We met with ours in early November after Joe started treatment and she basically said "Angela, we can't push the timeline, but we can control what we do on our end" which actually helped me stop obsessing over the calendar. What I noticed is she got way more specific once we had all his employment records organized in one place. Like we spent two weeks in December just gathering old pay stubs and union documentation from places he worked in the 70s and 80s, and after that conversation shifted from "it depends" to "okay here's what we're seeing in comparable cases." The documentation piece seems to matter more than the speed. I'm also learning that the trust route versus active company is less about fast or slow and more about what's available to you. Your Johns-Manville window is actually cleaner than some exposures because the paperwork exists... I taught long enough to know that good record-keeping changes everything. How solid is your documentation from that plant? Do you have the actual job descriptions or just employment dates...
Patient
That's actually really helpful to hear, especially the part about controlling what you do on your end. I think I've been fixating on the timeline when maybe I should be asking better questions about what moves things along versus what just takes time no matter what. Did your lawyer give you any specifics on what "controlling your end" actually means in practice? Like is it documentation, medical records, getting deposition stuff done faster, or something else entirely? I'm still in that phase where I'm trying to figure out what I should be pushing on versus what's just the system grinding away.

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