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what kind of evidence do you actually need for a meso claim in pennsylvania

Patient · · 1,796 views
So I'm starting to look into the legal side of this since I worked at the Johns-Manville plant in Akron from 1978 to 1985, and my diagnosis is pretty recent (November). I'm in Cleveland now but the exposure happened in Ohio so I'm not sure if Pennsylvania law even applies to me, but I want to understand what I'm actually going to need to prove this to a lawyer.

From what I've been reading, it seems like you need your diagnosis obviously, and then something showing you were actually exposed to asbestos. My concern is that I have my old employment records from Johns-Manville but I'm not sure if that's enough by itself or if I need something that specifically documents asbestos in that facility. I have my medical records from the diagnosis process and my imaging, plus I kept a detailed symptom journal starting in September when the abdominal pain got bad.

Does anyone here have experience with this in Pennsylvania or Ohio specifically? I'm trying to figure out if I need witness statements from coworkers or if employment records plus the diagnosis are the main things lawyers actually look at. I have a couple former colleagues I could potentially contact but I'm not even sure if that's necessary or helpful at this stage.

9 Replies

Family
Yeah, employment records from Johns-Manville are actually gold, especially with those specific dates. I'd definitely bring everything you have to a consultation because lawyers handle the heavy lifting on proving the exposure side of things.
Medical Expert Response
Angela's right about those employment records carrying weight, and I'd add that the Johns-Manville situation is actually well-documented in medical literature going back decades. The Selikoff studies from Mount Sinai tracked insulation workers with JM exposure specifically, so there's an established scientific record tying that company's products to mesothelioma that attorneys can lean on.

The symptom journal you've been keeping since September is something I don't see people mention enough. Clinically, peritoneal meso (abdominal presentation) has a longer latency and sometimes a less clear exposure narrative than pleural cases, so having a written timeline of when symptoms started matters more than people realize. Your oncologist can help connect that timeline to the pathology findings in a way that strengthens the medical causation piece.

Talk to your own doctor about getting a formal written statement from them about the diagnosis and likely etiology. That document, paired with what you already have, is usually what lawyers actually need to move forward.
3 found this helpful
Patient
I'm in the same boat basically, though I'm still in Ohio. November diagnosis here too, and my exposure was at the Johns-Manville plant in Cleveland from 1978 to 1985, so very similar timeline to you. The Akron plant and Cleveland plant had similar operations back then, which actually might help your case because there's already documentation about asbestos use at those facilities from that era.

Here's what I've learned so far. Employment records alone probably aren't enough, but they're definitely the foundation. What I found helpful was that Johns-Manville's own internal documents from that period are already part of the public record in various cases, so lawyers can usually pull those to show asbestos was definitely being used in manufacturing at your specific plant during your employment dates. You don't necessarily have to dig up your own proof that asbestos was there. The company's historical records do a lot of that work for you.

Your medical records and imaging are critical of course, but they also want to establish the specific exposure. I started collecting anything I could find: old paychecks showing I worked there during those years, union records if you have them, even photos of the facility if you can find any online. My symptom journal from September onward has actually been useful too because it shows the timeline of when things got worse, which my doctor says helps establish this wasn't some random exposure later on.

Witness statements from coworkers can help, especially if they can describe what you were actually doing and what materials you handled, but I wouldn't stress about tracking people down right now. Lawyers typically ask for that later if they need it. When I called a firm back in January they asked more about my employment dates, what my job was specifically (I was in the insulation department), and whether I had any documentation of that. The diagnosis plus employment records plus medical records is usually where they start.

Since your exposure was Ohio, I'm not sure Pennsylvania law applies either. You might want to ask any lawyer you talk to about that specifically because it could affect where you'd file.
Family
I don't have direct experience with the legal stuff since my mom's case is still early, but I can tell you what our lawyer told us when we first met in September. She said the employment records are actually really important, like they're a big piece of it, but yeah they usually want more than just that. Our lawyer specifically asked about whether my mom had kept anything from her jobs over the years, any pay stubs or union documents or even old photos from worksites. The diagnosis and medical imaging are obviously crucial, but apparently they use those employment records to show you were actually in a position where asbestos exposure was likely.

Your symptom journal is honestly gold. I know that sounds random but our lawyer seemed genuinely interested in the timeline of when things started getting worse. She said it helps establish when the disease likely started developing. And I think witness statements from coworkers could help, especially if they can speak to working conditions or what you were exposed to, but that might be something the lawyer requests later rather than something you need to gather first. You might want to just reach out to one person you trust to see if they'd be willing to talk if needed.

The Ohio vs Pennsylvania thing I'm not sure about either but that's exactly the kind of thing a lawyer will sort out in like five minutes so don't stress too much about that part right now. Just call a couple of lawyers and ask for consultations. Most of them do free ones and they deal with this stuff all the time.

How are you holding up with everything else?
Veteran
I'm in California so can't help with the Pennsylvania angle, but I'll tell you what I learned the hard way with the VA side of this. I filed my claim in November after the October diagnosis and they're still dragging their feet four months later. Point is, don't wait around for perfect documentation. Get to a lawyer sooner rather than later because they know how to pull records that you won't even think to ask for. Johns-Manville kept detailed stuff back then, especially after the lawsuits started flying. My advice is bring what you've got to the initial consultation, let them tell you what's missing. They do this every day. Also your symptom journal is solid, a lot of guys don't keep anything like that. The employment records plus your diagnosis imaging is honestly where most cases start anyway. The witness statements help but they're not the linchpin like some people think.
Patient
That's really helpful to know about the VA process, even though I'm not going that route. The part about Johns-Manville having detailed records is what I was hoping to hear, because I wasn't sure if my employment docs would be enough or if I'd need to hunt down facility-specific asbestos reports myself. Did the VA folks pull those kinds of records for you directly, or did you have to request them through your lawyer first? I'm trying to figure out the timeline here since my oncologist said we need to move fast on the HIPEC surgery option, so I don't want to waste months trying to gather things a lawyer could just access faster.
Veteran
Got those JM records myself from my shipyard time back in the 70s, lawyer said that employment paperwork plus your medical files is what they actually need to move forward. Don't waste time chasing down coworkers right now.
Patient
That's really helpful to know, Frank. So the employment records plus medical files are really the foundation of it then. Did your lawyer ask you for anything else after that initial review, or did they pretty much have what they needed to start building the case?
Veteran
Akron plant 1978-85 puts you right in it. I filed my VA claim in November after my diagnosis came through in October, still waiting on those bureaucrats to move, but the medical side is solid. You've got what matters most, which is your diagnosis plus employment records. That's the foundation right there.

Here's what I learned going through this. Your employment records from Johns-Manville are gold because that company knew what they had. The facility itself, whether it was documented as having asbestos or not, that's less critical than you'd think because the plant's history speaks for itself. Your imaging and medical records are the clinical proof. The symptom journal is helpful but honestly the doctors care more about the timeline from exposure to diagnosis, and that's already in your medical file.

Witness statements from coworkers can matter but they're not make or break at this stage. If you've got guys who can say "yeah, we were around that stuff, it was everywhere," that adds weight. But a lawyer isn't gonna turn you away because you don't have them. I knew Marines on the Iwo Jima who'd have backed me up but I never even tracked them down. My exposure record was documented enough.

One thing though. Get copies of everything now while your memory's fresh about what you did at that plant, what areas you worked in, how long you were around potential sources. Write it down. Not fancy, just facts. That matters when a lawyer is building your case because your testimony about the actual conditions is something witnesses can corroborate later if needed.

Pennsylvania law shouldn't matter much since your exposure was in Ohio, but a lawyer will sort that jurisdictional stuff. That's their job.

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