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Dark Waters movie and what it actually has to do with meso cases

Family · · 41 views
So Joe and I watched Dark Waters last month and I kept thinking about how much of it relates to what we're dealing with now. The movie's about this lawyer Robert Bilott who takes on DuPont over PFOA contamination in West Virginia, and yeah it's based on real stuff that actually happened.

But here's what got me thinking. The contamination case in the movie took forever to settle because DuPont had all the money and lawyers and they just dragged it out. Makes me wonder if that's part of why meso cases are so slow too. Like when I taught high school I learned that some students just needed more time to understand something, and some just needed you to keep asking until they got it. DuPont was the second kind but worse.

The reason I'm bringing this up is because we've been getting calls from lawyers about Joe's case and they keep saying we need evidence of where the exposure happened. Bilott had to prove DuPont knew about the contamination and hid it. With meso it's the same thing right? You gotta show the company knew asbestos was dangerous and didn't tell people.

Anybody else here have their case dragged out like that? I'm not comparing meso to PFOA contamination but the legal part feels similar... like they hope you'll just give up if they wait long enough. We're not giving up but man it's frustrating.

10 Replies

Veteran
Watched that movie myself back in 2020. You're onto something real there. The dragging it out part is exactly what happened with my case, except we had the advantage of a solid paper trail from my service record on the Oriskany. Hull tech work in 1971 meant asbestos insulation everywhere in those compartments, and the Navy docs backed it up.

The key difference I found is that with Navy exposure you've got government records. DuPont had to hide stuff because there wasn't a public record like there is with military service. But yeah, the companies still play the same game. My lawyer at MD Anderson recommended we get depositions early, didn't wait for them to request it first. Took about fourteen months from diagnosis to settlement in August 2025, and that felt fast compared to what some guys here report.

Your Joe needs to document everything about where the exposure happened. Worksite photos if they exist, coworkers who can testify, product labels, company manuals. I had shipmates who could confirm the conditions we worked in. That's your leverage. The lawyers count on people forgetting details or giving up before trial prep even starts. Don't let them wait you out. Push back on their timeline, not theirs.
Family
Oh wow, the Navy records thing is huge. Joe's exposure was construction in the 70s so we don't have that kind of official documentation, which makes it way harder. Did your lawyers say the Navy records basically sealed the deal for you, or did you still have to fight through a bunch of back and forth?
Veteran
You hit on the paper trail thing and that's where Navy records actually worked in my favor. When I filed my VA claim back in June they had everything documented from my time on the Oriskany, 1971 to 1991, hull tech work around asbestos insulation. No guessing about exposure. But here's the thing, the civilian side is totally different. The company that supplied the materials, they weren't keeping records the same way. Took my lawyer months just to get old procurement documents from the shipyard. So yeah the dragging out is real but I think it depends if you've got that institutional record backing you up. If you're relying on company documents alone you're fighting uphill.
Attorney Expert Response
The "they knew and hid it" piece Angela mentioned is actually the core legal theory in most asbestos cases, and it has a name: the "state of knowledge" doctrine. Courts look at what manufacturers knew and when they knew it, and honestly the documentary record on asbestos goes back to the 1930s. There are internal industry memos from 1977 that surfaced in litigation showing companies were actively discussing how to suppress health research.

For construction exposure specifically, the exposure source matters a lot. Insulation, joint compound, floor tiles... each product has different manufacturers with different litigation histories and different trust fund balances. Some of those trusts were set up under 11 U.S.C. Section 524(g) and can be accessed even without a full trial. So the "no paper trail" situation isn't as fatal as it might feel right now, because the burden can shift to showing the product was present and commonly used at that type of worksite during that era.

But yeah, the delay tactic is real and documented. Bilott's case is a good reference point because it shows how institutional patience is basically a weapon. Consult with your own attorney about how your jurisdiction handles these timelines, because some states have specific discovery rules that can actually compress that window considerably.
3 found this helpful
Family
Yeah we watched that movie too and Joe actually got mad halfway through because he kept saying "this is exactly what's happening to us." The whole thing about how they knew and just kept quiet... that part hit different when you're living it.

We're about four months into this and already the lawyers are asking us for documentation from like 30 years ago. Joe worked construction in the 70s and 80s, did some demolition work on old buildings, but finding proof of exactly where he was exposed or what products were used? Good luck. One company he worked for doesn't even exist anymore. The lawyer said that's actually pretty common though, which made me feel less crazy about it.

What I've noticed is they want you to prove negligence but also... the companies all knew asbestos was bad way before anyone admitted it publicly. That's the infuriating part. My teaching brain kept wanting to give them the benefit of the doubt like "well maybe they didn't know" but no, they knew. They just didn't care enough to tell workers.

The dragging it out thing is real. We're trying to stay patient but it's hard when Joe's doing immunotherapy and we don't know how much time there is, you know? The lawyers keep saying these things take years and we're like yeah but we might not have years. It's a weird position to be in.

How far along is your case? Are they making you jump through a lot of hoops for the exposure history stuff?
Veteran
Yeah, you nailed it. The legal side of this stuff is a grind. Got diagnosed June and had my pleurectomy August, right, so I'm still in the thick of recovery. But the legal paperwork started way before that and it's like watching paint dry at 0600 hours.

My case is different because I was Navy, so the VA records are solid. Hull tech on the Oriskany from 71 to 91, worked around insulation and pipe wrap constantly. That paper trail helps. But even with that locked down my lawyer told me we're looking at probably another year minimum before anything settles. The company's lawyers, they're not in any rush. They know most guys like me don't have forever, and I think that's exactly what you're talking about. They bank on you getting tired or worse.

What Bilott had to prove about DuPont knowing and hiding it, same playbook here. My lawyer dug up internal memos from the 70s where the asbestos manufacturer literally documented the hazards. They knew. They just didn't tell us. And yeah they're gonna drag their feet on discovery and depositions and all that because that's how their system works.

The evidence piece you mentioned is critical. You need to nail down where and when Joe was exposed. Dates, locations, what he was doing, what products he touched. I wrote down everything I could remember about my time shipboard and it actually helped fill in some gaps. Sounds like you're already on it though.

Don't let them wear you down. That's the whole game.
Attorney Expert Response
You're not wrong about the parallel. Bilott's case is actually studied in law schools now, and the core dynamic he faced, a well-funded defendant with institutional knowledge of harm they chose to suppress, maps pretty closely onto what happened with asbestos manufacturers for decades.

The internal documents are really where these cases live or die. In asbestos litigation we lean heavily on what's called "state of the art" evidence, basically proving what a company knew and when they knew it. There are internal memos from certain manufacturers going back to the 1930s acknowledging asbestos dangers. That paper trail already exists and your attorney may be able to access it through discovery or through prior litigation records that are already public.

On the exposure piece, I know it feels overwhelming when lawyers keep asking where and when. But here's why it matters so much. Different states have different statutes of limitations, and the exposure site also determines which defendants may be liable, which could include the product manufacturer, the premises owner, or the distributor. So that question isn't just paperwork, it shapes the whole shape of the case.

And yes, delay is a real defense strategy in mass tort litigation. Companies know the plaintiff population is often ill and aging. It's a hard thing to say plainly but it's true.

The good news is most experienced asbestos attorneys work on contingency, so they're not dragging it out on their end.

Please consult an attorney about your specific situation, because the details really do matter here.
2 found this helpful
Family
Yeah that's exactly what the lawyers mentioned to us, finding those internal documents. They said Joe's exposure was at a shipyard back in the 80s so we're trying to track down what the asbestos companies knew at that time. It's like teaching all over again except instead of getting kids to understand fractions I'm trying to get people to understand why a company should've warned someone. Do you usually see those documents come to light pretty easily or is that where companies dig in the most?
Veteran
Yeah that movie hits different when you're actually in it. I haven't seen Dark Waters but the setup you're describing sounds exactly like what we dealt with when I filed in 2025. The company dragging their feet, demanding documentation on exposure from 50 years ago. I was on the Oriskany from 71 to 91 as a hull tech and half those records don't even exist anymore or they're classified or whatever.

Our lawyer told us straight up that the shipbuilder knew asbestos was in the insulation and fireproofing. They just didn't care because it was cheaper that way. The Navy used it everywhere on those old carriers. But proving it took months of digging through archived manifests and old safety reports that barely say anything. Found one memo from 1978 that basically admitted they knew it was a hazard. That one document changed everything.

What helped us move things along was getting my medical records from the VA lined up first. Pleural thickening showed up on scans going back years before my diagnosis in June. That timeline matters. The company can't say they didn't know about my exposure if we've got medical evidence that tracks with when I was actually exposed. Took us about four months from filing to settlement talk starting. Not fast but not forever either.

Your Joe needs to document everything he can remember about where he worked, what he touched, what he saw. Even if details seem small. The lawyers will connect the dots but you gotta give them something to work with. And honestly get a second opinion from a different firm if the first one isn't moving quick enough. There's enough cases out there that good firms will take it seriously.
Family
yeah that movie frustrated me so much, and honestly seeing it play out in real time with my mom's case is even worse. the waiting game is real and it sucks but you're right, we can't give up.

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