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how long does a meso lawsuit actually take from filing to settlement

Patient · · 51 views
So I'm now four months post-diagnosis with peritoneal stage II and my lawyer is being kind of vague about timelines. He keeps saying "it depends" which technically is true but I need actual data points here. I worked at the Johns-Manville plant in Cleveland from 1978 to 1985, so there's clear exposure documentation and the company is still solvent, which I gather makes things simpler than trust fund claims.

Has anyone here gone through the actual lawsuit process and kept track of how long each phase took? I'm trying to understand if I should expect resolution within the next year or if I'm looking at a multi-year situation. My oncologist says my stage allows time for treatment planning but obviously I'd rather not be dealing with depositions and court dates while managing HIPEC surgery and hyperthermic chemo.

Specifically I'm wondering about the timeline from filing the actual complaint to settlement offers coming in. I know discovery can drag on but are we talking 6 months or 18 months or longer? And does having a clear defendant versus multiple defendants change the speed significantly?

9 Replies

Family
Joe's case is still moving through discovery right now and honestly, his lawyer gave us the same "it depends" speech at first which drove me absolutely crazy. I'm a retired teacher so I get it, I need a syllabus not a vague outline, you know?

From what we've learned since September when Joe got diagnosed, having one clear defendant like you do with Johns-Manville actually does speed things up compared to cases with multiple companies. Our lawyer said cases with solvent companies typically settle faster than trust fund claims. Joe's case involves three different employers so we're probably looking at longer than someone in your position.

The filing to settlement part? We were told anywhere from 18 months to three years depending on how cooperative the defendant gets. Some of that time is just waiting for discovery responses. Joe's been in treatment since November with immunotherapy and we're managing okay, but I'll be honest the legal stuff can feel like a second job when they need medical records and you're coordinating with your oncology team.

What I'd suggest is asking your lawyer specifically about Johns-Manville's typical settlement timeline in other cases they've handled. Don't let them dodge it. Ask if they have comparable cases they can reference. That's the data point you're looking for, not the general "it depends" answer. How's your treatment plan looking so far?
Patient
I'm in almost the exact same boat - same plant, diagnosed last year, and my lawyer gave me similar non-answers until I pushed for specifics. From what I've gathered talking to others here, single defendant claims tend to settle faster but you're still probably looking at 18-24 months minimum from filing to actual payout, not including settlement negotiations.
Family
honestly this is something we're dealing with right now too. my mom was diagnosed in august and we got connected with a lawyer in september, and even though we haven't filed yet there's already been so much back and forth about timelines. her lawyer gave us similar "it depends" answers which drives me crazy because i just want a roadmap, you know?

from what we've learned talking to the lawyer and other people in similar situations, if you have clear documentation like you do from johns-manville and the company is still solvent, that apparently does move things along faster than the trust fund route. but even then we're hearing anywhere from 18 months to 3 years from filing to actual settlement. some people tell us it could be quicker, some say longer. it's maddening.

one thing that helped us was asking the lawyer for specific case examples. not his current cases obviously, but like "what was the timeline on your last three settled cases that were similar to mine?" we finally got actual numbers that way instead of vague answers. ours was a settled case in about 22 months from filing to settlement, but that was someone with less exposure documentation than your situation. it's not a promise though.

the hardest part honestly is trying to plan around it while also dealing with treatment. my mom's doing chemotherapy right now and i'm juggling my teaching job from phoenix where i moved to help her, and just not knowing when depositions or discovery stuff might happen makes it harder to schedule things. i've had to be flexible with my school about time off and my principal has been understanding but there's only so much grace you get.

have you thought about asking your lawyer to give you like a month-by-month estimate at least? even if it changes, having some structure might help you plan your treatment schedule around it better.
Veteran
Filed my VA claim in November and still waiting, so I get the frustration with vague answers. That said, my lawyer gave me a rough timeline when we started looking at the civil suit side of things.

From what I understand with a single solvent defendant like you've got, you're looking at anywhere from 18 months to 3 years from filing to settlement. Could be faster, could be slower. Discovery is where things bog down. We're talking depositions, medical records requests, company documents, expert reports. My case involves multiple defendants and trust funds which complicates it, but the guys I know with Johns-Manville claims seem to move a bit quicker because the company's still around and has insurance.

The real issue is they're not in a rush and neither is your lawyer really, because the clock works in your favor in settlement negotiations. Sounds grim but it's true. They know you might need resolution faster for medical reasons so they'll lowball early, then gradually get more reasonable as time passes and they realize you're not cracking.

I had my surgery in December, three months ago now. Doing the treatment plan while dealing with legal stuff is brutal, I won't lie. But my oncologist actually said the slower lawsuit pace gives you time to get through initial chemo rounds and see how you're responding before settlement even becomes real. That mattered more than I expected.

Have you asked your lawyer specifically what phase you're in right now? Like are they still gathering exposure evidence or have they actually filed the complaint yet? That's the real marker.
Patient
Yeah, 18 months to 3 years is closer to what I was dreading but at least it's a real number. The discovery phase is what keeps coming up in my research too - I've been tracking some case summaries and it does seem like that's where the timeline either accelerates or just stalls out. Did your lawyer give you any sense of whether having solid documentation from the plant (I've got employment records and exposure assessments from my time at Johns-Manville) actually speeds things up, or is discovery still discovery regardless? I'm wondering if a single defendant with clear liability might move faster than multi-defendant cases but I haven't found good data on that yet.
Patient
We filed back in March of this year after my diagnosis in December, so I'm kinda in the thick of it right now. My lawyer said the same thing yours is saying and honestly it drove me nuts because like, man, I need to know what I'm dealing with here.

From what I'm learning the hard way, filing the complaint to when you actually start getting settlement offers is like... I'd say minimum 8 to 10 months if things move decent. We're at 5 months now and we're still in the early discovery phase. My case is simpler than yours sounds actually - I was exposed through brake pads I handled at an auto shop in Detroit, plus some home reno stuff, so it's not as clean cut as your Johns-Manville docs. But my lawyer's team keeps asking for more records and the defendants keep dragging their feet responding.

The thing that surprised me is how much of the early months is just gathering all your medical stuff and exposure history. That takes longer than you'd think. Then they gotta depose you and probably your doctors. I haven't gotten there yet but my lawyer says that's coming up in like April or May.

Having one clear solvent defendant like you do is definitely better than chasing multiple companies or trust funds. Guys on here who dealt with that say it adds years sometimes. You're in a better spot there.

Honestly I'd push your lawyer for a more specific timeline based on what court it's filed in and who the defendant is. They might not give you exact dates but they can usually say "we're targeting settlement discussions by summer" or whatever. Don't let them just say "it depends" without pushing back a little...
Patient
That's incredibly helpful, Carl, thanks for the real timeline. So you're filing in March and still in early discovery at five months - that actually lines up with what I've been reading in some of the legal literature on asbestos cases. Did your lawyer give you any sense of how many defendants are involved in yours? I'm wondering if the complexity of the defendant list is what really stretches things out, or if it's more just the nature of discovery itself.
Family
We went through this with Joe and honestly it's been a waiting game. He was diagnosed in September, we filed in early December, and here we are in late January with mostly discovery stuff happening. His exposure was at a shipyard in Tampa back in the 70s so we had solid documentation too.

Our lawyer told us the same "it depends" thing and I wanted to scream. But what I've learned is that even with a solvent defendant it's not fast. We're probably looking at another year minimum before any real settlement talks, maybe longer. The discovery phase alone can take 6 to 9 months from what our legal team said. Then you've got depositions which honestly are exhausting for Joe because he has to relive everything and he's also doing immunotherapy right now.

What helped us was asking for a timeline in writing. I literally said "I need you to email me what each phase typically takes" and our lawyer actually broke it down. Stage II is better than stage III where Joe is, so you might have a bit more breathing room treatment-wise. The clear defendant thing does help though. Single company versus multiple defendants is way simpler.

One thing nobody tells you is how much mental energy the lawsuit takes even when you're not in court. It's like grading papers all night when you just want to sleep. I was a teacher for 30 years so I'm used to managing a lot at once, but this is different. You're managing your own health stuff plus treatment plus lawyers plus the weight of it all.

How's your treatment plan looking so far?
Patient
That's incredibly helpful to know, Angela. The shipyard exposure is probably pretty similar to the factory work in terms of documentation clarity, so hearing you're still in discovery after two months is... well, it's realistic I guess. Did your lawyer give you any sense of whether the defendant is fighting things hard or if there's been any early settlement signals, or are they just being quiet right now? I'm trying to figure out if the "waiting game" is just standard procedure or if it means they're digging in their heels. And I'm sorry you're both dealing with this on top of everything else.

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