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what are people actually getting in meso settlements these days

Patient · · 1,772 views
So I've been diagnosed since November and I'm already getting calls from different firms, which is its own thing to deal with. But I'm trying to figure out what realistic numbers look like for someone in my situation before I pick someone to work with.

I worked at the Johns-Manville plant in Cleveland from 1978 to 1985 in insulation manufacturing, so the exposure is pretty well documented. Stage II peritoneal. I know the amounts vary wildly depending on whether it goes to trial versus settlement, and whether the defendant is still solvent or we're going after bankruptcy trusts.

I've seen some forums mention six figures, some mention seven, but I don't know if those are outliers or what the actual median looks like for someone with my exposure history. I'm not trying to get rich off this, I just need to understand what kind of money I'm potentially looking at so I can plan for treatment costs and whether I need to take on additional debt for the experimental stuff.

Also does it matter that I was only exposed for about seven years versus someone who worked somewhere longer? And I'm guessing the fact that Johns-Manville went into bankruptcy in 1982 changes how this works compared to going after an active company.

Anyone here gone through the settlement process recently? What actually happened with the numbers.

8 Replies

Veteran
Worked insulation too back on the Oriskany, so I get the exposure piece. Numbers vary like crazy depending on the firm and whether they push for trial or settle quick, but your documentation from J-M is solid. Talk to at least three firms before picking one, that's what I did.
Patient
Yeah, the documentation piece gives me some peace of mind at least. I've got old pay stubs, work orders, even some safety memos from back then that basically admit they knew about the asbestos. Did you find that having solid records actually moved the needle on your settlement amount, or did the firms seem to price it the same regardless? And when you talked to those three firms, did they give you actual ballpark numbers upfront or was it all vague until you actually signed with someone?
Family
So Joe and I went through this exact thing back in March when we started talking to lawyers. The calls are intense, I know. I felt like I was being hunted at first but then I realized they're just doing their job.

From what we've learned, the numbers really do vary crazy amounts. Like one firm told us the range was anywhere from low six figures to multiple millions depending on how things shake out, and I was like okay that's not helpful at all. But what I'm hearing from people further along than us is that the median for someone in your situation with clear exposure like that Johns-Manville connection is probably landing somewhere in the 200-400k range for settlement, though that's not gospel. The bankruptcy trust stuff is different because the money's already set aside so the timelines are faster but sometimes the payouts are smaller because they're dividing a fixed pool.

The seven years versus longer exposure does matter but honestly not as much as you'd think when the documentation is solid like yours. That manufacturing record from 1978-1985 is gold. What seems to matter more is whether you can prove the company knew about the risks and didn't warn you, and Johns-Manville definitely knew. The bankruptcy complicates things because not all defendants are still solvent but it also means less fighting sometimes.

We haven't settled yet so I can't tell you what actually came through, but I will say get at least two consultations before you pick someone. Don't just go with whoever calls first. And ask them specifically about cases similar to yours, not just general numbers. How did your diagnosis come about, if you don't mind me asking?
Family
yeah the numbers are all over the place honestly, but your exposure timeline and the fact that it's well-documented from a major manufacturer should work in your favor. i'd definitely talk to a few of the firms calling you because they can give you realistic estimates based on your specific case, not just what randoms post online.
Patient
Yeah, that's what I'm trying to do now, though honestly it's kind of overwhelming getting five different calls in a week. I've been keeping notes on what each firm says about my case specifically, but so far they're being pretty cagey about actual numbers until I sign something. Did you find that the firms were upfront about estimates before you committed to working with them, or do they hold that back until later?
Attorney ✓ Expert Response
Your Johns-Manville exposure is actually about as well-documented as it gets in asbestos litigation. The Manville Personal Injury Settlement Trust was established in 1988 specifically because of the bankruptcy you mentioned, and it's been paying claims for decades now. The trust has its own payment percentage schedule and disease categories, and peritoneal mesothelioma typically qualifies for the higher-tier values in their matrix.

On the duration question, seven years at an insulation manufacturing facility honestly matters less than people assume. The courts have generally held that threshold exposure is what creates liability, not cumulative years. I had a client in 2019 with roughly four years of documented exposure who recovered more than someone with fifteen because of how the medical presentation and liability facts lined up.

Here's what I'd actually watch for when those firms are calling. Ask each one specifically how many Manville Trust claims they've resolved in the last three years. Some firms treat trust claims almost like paperwork and others really litigate the valuation. Those are very different things for you.

The settlement versus trial calculus you mentioned is real. Trust claims move through a different process than suing a solvent defendant, and depending on what other companies' products were present at that plant between 1978 and 1985, you may have claims against multiple sources. Stage II peritoneal also opens up some arguments around future medical costs that a good attorney can build into the demand.

I can't give you a number and anyone who does on a forum call is doing you a disservice. But your facts are strong. Please do consult an attorney about your specific situation, more than one if you can manage it.
3 found this helpful
Patient
I appreciate you laying out the trust structure like that, because honestly the bankruptcy angle is what's been confusing me the most. So if I'm going through the Manville trust specifically, does that mean the payout is more predictable than going after an active company, or is it actually the opposite because the trust has limited funds? I've read conflicting things about whether being in bankruptcy is better or worse for the claimant at this point.

And on the duration question you started to answer - does seven years actually hurt me compared to someone who was exposed for fifteen or twenty years, or does the documented nature of Johns-Manville exposure kind of level the playing field?
Veteran
Man, you're asking the right questions and I respect that you're being practical about it instead of just chasing the biggest number some firm dangles in front of you.

I'm only a couple months ahead of you on the diagnosis side, Stage II pleural not peritoneal, but I've been doing the homework on the VA claim and settlement stuff runs parallel to that in some ways. The Johns-Manville exposure is solid documentation which is huge - they know exactly what they were making and what people were breathing in those plants. Seven years is actually substantial, that's not a short-term exposure thing.

From what I'm picking up talking to other guys at the VA hospital here in San Diego, the settlements are all over because it depends on so much. Trial versus settlement versus trust claims, whether the company's still around versus bankruptcy trust, your age, how aggressive your cancer is progressing. I've heard numbers ranging but nobody I've talked to is getting rich off this. One guy I met in the oncology waiting room said his firm was handling both a trial case and a trust case and the trust case moved faster but the trial one might end up higher if they win. That was his trade-off analysis anyway.

The bankruptcy trust route with Johns-Manville is actually simpler in some ways because the payouts are already structured, you don't have to prove liability the same way you would against an active company. But that also means less negotiating room potentially. Your exposure timeline matters but what matters more is medical evidence of causation and whether you can tie it directly to their product versus generic asbestos exposure. That's where the firm's legwork shows up.

Don't let them rush you into picking someone just because they call first. I'd talk to at least two or three and ask specifically about their track record with Johns-Manville cases and what they've actually settled for in the last year or so. They might not give you exact numbers but they should give you a range and explain the variables. That's how you figure out who actually knows this stuff versus who's just fishing for cases.

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