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how long did your meso claim actually take from filing to settlement

Patient · · 79 views
So I'm trying to get realistic about timeline here. Diagnosed in November, just started talking to a lawyer about my exposure at Johns-Manville back in 1978 to 1985, and everyone keeps giving me vague answers about how "it depends."

I get that every case is different but I need actual numbers. Did yours take 6 months, a year, two years? And I'm curious what the difference was if you settled versus went to trial, because my lawyer mentioned both possibilities and honestly the idea of this dragging on while I'm managing Stage II symptoms is... not appealing.

Also if anyone here had to deal with getting your medical records together for the claim, how long did that part take? I've got my diagnosis from Cleveland Clinic but tracking down old employment records from a plant that's been closed for decades seems like it's gonna be its own nightmare.

I'm keeping a detailed timeline of everything anyway because I like having the data, but hearing from actual people about what to expect would help me stop spinning on this.

8 Replies

Patient
Man, I feel you on the vague answers. That's what drove me nuts too when we started this thing back in January. So here's my actual timeline: diagnosed December 2025, had the EPP surgery in February, and we filed the claim in March. Right now we're still in the discovery phase, so I'm gonna level with you, I don't have a settlement number yet to give you.

But here's what I learned. The employment records thing is real but not as bad as you'd think. My lawyer's paralegal pulled a bunch of stuff from Johns-Manville's old files just sitting in some archive somewhere. took about 6 weeks total once they got rolling on it. What slowed US down more was getting all my medical imaging organized from different hospitals over the years, plus my primary doc had to write this whole exposure summary thing.

On the settlement versus trial question, our guy said settling usually takes months to maybe a year if everyone's reasonable, but trial could stretch 2-3 years easy. And honestly after doing the EPP surgery recovery and starting the tune-up sessions coming up, dragging this into a courtroom doesn't sound like how I want to spend my good days. We're positioning for settlement but keeping trial on the table as leverage basically.

The data thing you're doing is smart by the way. I did the same, got a spreadsheet with dates and who I talked to and what paperwork went where. Keeps your brain from turning into scrambled eggs when you're managing all this medical stuff at the same time.
Patient
On the employment records thing, that's honestly where mine got held up the worst. I had stuff from my mechanic days scattered across three different shops, one of which literally burned down in 1998, so those records were just gone. The lawyers ended up using my union hall records from Detroit and some old W2s my accountant had kept, plus a deposition where I just talked about what I did day to day with the brake dust. Took like four months to track all that down and get it organized enough for them to use it, which felt like forever when you're dealing with chemo side effects and just wanting this moving already.

The settlement versus trial thing your lawyer mentioned, I'd push back on that a little. Ask them specifically what they're seeing in your case that makes trial even a possibility. Mine was pretty straightforward exposure history so they were talking settlement from the jump, but I know some folks get jerked around by lawyers who use trial talk to make things sound more complicated than they are. Not saying yours is doing that, just... ask the direct question. What would make this go to trial versus settle.

How far along are you with getting those Cleveland Clinic records pulled together?
Patient
The medical records thing actually moved faster than I expected once Cleveland Clinic got the ball rolling, but yeah the old employment stuff is a bear. What really surprised me was how much time got eaten up just waiting for my lawyer's office to coordinate everything. Like we had all the pieces by March but then there was this gap where they were doing their own investigation into the exposure back in 1970-something, and that took til May. Nobody really tells you about those dead zones where you're just... waiting. My advice is keep pestering your lawyer about what they're actually working on right now, not just "we're building your case." When I started asking for weekly updates instead of monthly ones it seemed to speed things up, or at least I knew what was happening instead of just spinning like you said. And honestly having Stage I helped me stay patient about it, but I get that Stage II is a different animal. Don't let them push you into trial if settlement comes through decent, that's what I hear anyway.
Attorney ✓ Expert Response
Good question and honestly you deserve a real answer, not more hedging.

From what I've seen over 20 years handling these cases, settlements in mesothelioma matters typically run anywhere from several months to around two years depending on a few things. Cases that go to trial obviously take longer, sometimes three years or more, but the majority do settle before that point. Johns-Manville specifically is interesting because the Manville Personal Injury Settlement Trust has been paying claims since 1988 and has its own filing process and review periods, so your attorney may be looking at a trust claim alongside or instead of traditional litigation. That distinction matters a lot for your timeline.

The medical records piece is usually the faster part, honestly. Employment verification from closed plants is where things slow down. We've had cases where old payroll records turned up through union archives, Social Security earnings statements, or even co-worker affidavits when nothing else existed. The Social Security Administration can provide your full earnings history going back to the 1970s and that's helped us establish exposure periods when the plant records were long gone.

One thing that can genuinely compress the timeline is expedited trial settings that some courts grant for mesothelioma patients given the circumstances. Not every jurisdiction offers this but it's worth your attorney asking specifically about docket priority.

Your instinct to keep a detailed timeline is exactly right. Dates, locations, job titles, the names of anyone who worked alongside you.

Please consult an attorney about your specific situation, as state law and the applicable trusts will shape what's realistic for your claim.
3 found this helpful
Attorney ✓ Expert Response
From what I've seen over 20 years of these cases, settlements in mesothelioma claims tend to resolve somewhere in the 6 to 18 month range, though cases that go to trial can stretch to 2 to 3 years or longer depending on jurisdiction. Courts in places like Delaware or New York typically have more established asbestos dockets and can move faster than others.

The Johns-Manville exposure is actually significant here. That company went through bankruptcy back in 1982 and there's a trust specifically for claimants, the Manville Personal Injury Settlement Trust, which has its own claim process separate from traditional litigation. Trust claims can sometimes resolve faster than court cases, though the amounts and procedures differ. Your attorney should be able to file against multiple trusts simultaneously if other manufacturers were involved.

On the records piece, employment records from closed plants are genuinely hard to track down but not impossible. Social Security earnings records are often a surprisingly reliable backup when employer records are gone. I've seen clients get their entire work history confirmed that way when they thought they had nothing. The medical records piece from Cleveland Clinic should be straightforward since they're current.

Your instinct to keep a detailed timeline is exactly right. Dates of exposure, job titles, specific products you worked with, names of coworkers if you remember them, all of that matters.

Given Stage II and an active diagnosis, courts may also consider expediting proceedings. That's worth asking about specifically.

Please do consult with your attorney about your specific situation, but you're asking the right questions.
3 found this helpful
Family
I'm not going through the legal stuff myself since my mom's case is still pretty early, but I've learned a ton just from sitting in on her consultations and honestly the vagueness is infuriating. Like they literally cannot give you a straight answer because it really does vary so much depending on the company and whether they're still operating or bankrupt.

What I can tell you is that her lawyer said the medical records piece usually moves faster than people think, especially if you already have Cleveland Clinic documentation. That's solid. The nightmare part is definitely the employment records but apparently there are investigators who specialize in digging that stuff up from defunct plants. It's not cheap but it's separate from your legal fees if that matters.

The timeline thing though... my mom was diagnosed in August and we're still in the initial claim phase in January. No settlement yet, no trial date obviously. Her lawyer said if it goes to trial we're looking at probably 2-3 years out but settlements can sometimes happen faster if the defendant wants to avoid court. I hate that I can't give you more concrete numbers but I also don't want to tell you something that's not true about your specific situation.

One thing that's helped me is just asking her lawyer for a written timeline of what the next steps actually are and when they expect each thing to happen. Like not vague stuff but actual milestones. We got that and it made me feel less crazy about not knowing what was coming next. Might be worth asking your lawyer for that too if they haven't already given it to you.

How are you managing with work while dealing with all this?
Attorney ✓ Expert Response
The employment records piece Carl mentioned is real, and here's something that doesn't come up enough: the Johns-Manville bankruptcy trust was established specifically because the company knew claims were coming. That trust, the Manville Personal Injury Settlement Trust, has its own submission process and its own timeline that runs somewhat parallel to any litigation. In my experience cases involving trust claims sometimes move faster than traditional litigation because you're not waiting on a court docket. Not always, but it's worth asking your attorney specifically about trust fund eligibility early, like in the first or second meeting, because it can change the whole strategic picture. Your 1978 to 1985 exposure window fits squarely in the documented period. Talk to your own attorney about your specific situation though, because jurisdiction and documentation both affect how that plays out.
3 found this helpful
Veteran
Filed my VA claim in November after diagnosis, still waiting on that front which is its own special kind of frustrating. But here's what nobody told me upfront: the civilian claim and the VA claim move on totally different timelines and you're basically running both simultaneously if you served. My lawyer said don't expect the VA to move faster than the civilian side, and so far that's proven true. The medical records from my surgeries last month went to my lawyer pretty quick, but the real delay is gonna be tracking down base medical records from Camp Lejeune from 1978-1982, which apparently requires filing separate FOIA requests. I'm told that alone can take 4-6 months if the Navy even still has the paperwork. The anger helps sometimes, keeps me pushing on it instead of just accepting the runaround. My advice is don't wait on the VA to settle things before you push the civilian claim hard. That's where the actual movement happens.

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