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filing a meso claim in harrisburg area - what docs do you actually need

Family · · 81 views
So Joe's lawyer mentioned we'd need certain things to file in PA and honestly it got confusing pretty quick. I taught high school biology for 32 years so I'm used to understanding complex stuff, but legal paperwork is a whole different animal.

From what I'm gathering you need like a pathology report confirming the meso diagnosis, imaging stuff, maybe a CT scan or something showing where it is. And then exposure history which in Joe's case goes back to his construction work in the 80s and 90s around Harrisburg. His lawyer said we'd need documentation of where he worked and what he was exposed to, which we're still digging up.

But here's what I don't totally get... do they want medical records from every doctor he's seen or just the ones related to the meso? And how specific does the exposure documentation have to be? Like we have some old paystubs and he remembers the job sites but we don't have like signed affidavits from coworkers or anything.

Anyone in the PA area dealt with this? What did your lawyer actually ask you to pull together?

9 Replies

Family
We went through this with my dad's case back in April when we first started the claim process. The pathology report and imaging are non-negotiable, but for the medical records piece, I'd say focus on anything pulmonology or oncology related first. Your lawyer will tell you if they need the full chart from his primary care doctor, but honestly they're usually more interested in the specialists who actually documented the progression. We had records going back to 2019 when he first got shortness of breath and those were gold.

The exposure history is where it gets tricky. Paystubs and his memory are actually decent starting points, more than a lot of people have. We found old W2s in a filing cabinet and some safety training records from one of his job sites that turned out to be really useful. The affidavits from coworkers would strengthen things but they're not always a dealbreaker, especially if he can document specific locations and timeframes. What helped us was mapping out a timeline: which companies, what years, what specific work he did there. Like "ABC Construction, 1987-1991, worked on building insulation in commercial projects." That specificity matters.

One thing I'd recommend since you're still gathering stuff, get a copy of any union records if Joe was in a union. We got those from the local 32 office in Harrisburg and they had employment records going back decades that filled in gaps. Also don't throw away anything that feels minor, old business cards, old photos from job sites if you have them, even newspaper clippings about those companies. Lawyers will sift through it and use what matters.

What year did Joe stop that construction work?
Family
Oh that's super helpful, Sarah. The pulmonology and oncology focus makes sense - I was worried we'd need literally everything from the past 20 years. Did your dad's lawyer need actual witness statements or were old paystubs and job site info enough to establish the exposure timeline? Joe's worried about that part since most of his coworkers from back then have either moved away or passed.
Family
Hey, I'm in Phoenix now but my mom was diagnosed just a few months ago so this is all still pretty fresh for me. The medical records thing, from what we went through, they really do want the whole picture even if it seems like overkill. Our lawyer asked for everything from her primary care doctor going back like 10 years, not just the mesothelioma stuff. I think it's because they need to show there's nothing else that could explain her symptoms, you know? Plus it helps establish a timeline of when things started getting worse.

For the exposure history, honestly we're still hunting down documentation too. We found old tax returns from the years she worked at the factory, and that actually helped more than I expected. The paystubs are gold if you have them. We don't have coworker affidavits either but our lawyer said that's pretty common and they can work with what you've got. Joe might try reaching out to anyone he worked with back then if he can remember names, even just to get them on record about what the job sites were like. Sometimes people are willing to give informal statements even if they're not fancy legal documents.

The imaging stuff is definitely something they'll need copies of. We made sure to get CDs of every scan from the hospital and brought them to appointments. Don't assume your doctor's office will just send everything over automatically because they won't, at least that's been my experience dealing with a million medical offices this year.

It's overwhelming for sure. I was grading papers at like 10pm last Tuesday and just thinking about all the paperwork piled up and kind of lost it for a minute. But you're already doing the hard part which is gathering it. That's what matters.
Family
oh man I totally get the confusion. We went through this with Joe's claim starting back in November and honestly the first meeting with the lawyer felt like drinking from a firehose. But here's what actually ended up mattering...

The pathology report is like your foundation, that's non-negotiable. Same with imaging. But for the medical records piece, our lawyer basically said "give us everything from when he first got symptoms and then anything that shows the progression." So not his whole life of doctor visits, just the relevant stuff. We ended up pulling records from his primary care guy, the pulmonologist, and the oncologist. That felt like the sweet spot.

The exposure history was trickier. We had old paystubs from like 1987 and 1993 which helped, plus Joe could name the general contractors and the job sites around Harrisburg. Our lawyer said that was actually pretty solid to start with. We did reach out to a couple of his old coworkers on Facebook and one guy gave us a written statement (not a formal affidavit, just an email basically saying "yeah we were tearing out pipe insulation on that job"), and that apparently helped fill in gaps. You don't need everything tied up with a bow.

One thing that surprised us was they also wanted documentation of where Joe lived during those years because that can matter for jurisdiction stuff in PA. We had old tax returns and mortgage paperwork.

Honestly though every case is different and your lawyer should be walking you through what they specifically need. If it feels murky after they explain it, ask them again. That's literally their job.

Are you guys working with someone local to the Harrisburg area or going with someone from out of state?
Veteran
Got my VA claim filed in November after the diagnosis came through in October. Different system obviously but the documentation nightmare is real no matter where you go.

For the exposure stuff, don't stress too much about perfect paperwork. Your guy's construction background in that era, Harrisburg area, they're gonna know what materials were common. I had spotty records from my time at Camp Lejeune in 78-82, barracks were literally wrapped in asbestos insulation, but the VA didn't need me to produce photographs or witness statements. They knew what was there. What actually mattered was getting the pathology report locked down and the imaging that showed the location and extent. That's the medical foundation everything else sits on.

The medical records thing - they want the relevant ones. Oncologist reports, pulmonologist notes, the imaging reports themselves not just the images. Anything that documents the progression or confirms it's definitely mesothelioma and not something else. General practitioner stuff from years back probably doesn't move the needle but if he saw a doc complaining about respiratory issues tied to work that's gold. Keep that.

Had my pleural surgery done in December and the pathology from that was the strongest document I had. Better than anything from before the operation.

For the paystubs and job site memory, that's actually solid. Lawyers deal with incomplete records constantly. Construction guys in Harrisburg during that period, specific addresses of projects, that's enough to establish exposure. You don't need coworkers swearing affidavits if you've got employment records and he can describe what he was doing and what materials he was around.

Just make sure the pathology is airtight. That's where everything hinges.
Family
Yeah the VA system sounds intense too, and honestly hearing that they didn't need perfect documentation for your exposure is kinda reassuring. Joe's lawyer keeps saying similar stuff but when you're in the middle of it all you just worry you're gonna mess something up, you know? The paystubs and his memory of those job sites probably counts for more than I thought. Did your claim go through pretty smoothly after you got everything submitted or did they come back asking for more stuff?
Family
Oh man, the paperwork part is the real test isn't it. We just went through this with Joe's claim and yeah, it feels like they want everything under the sun at first but then you realize they're actually pretty strategic about what matters.

So the medical records thing - they mostly wanted the oncology stuff, the pathology report, imaging reports, and then anything that showed he had symptoms or concerns before the official diagnosis. We had some old primary care visits where Joe mentioned chest pain and they pulled those too. But like decades of routine checkups? The lawyer said those weren't necessary. It's less about quantity and more about the timeline of when things started showing up.

The exposure documentation is where it got interesting for us. We had some old W2s and Joe's memory of three main job sites around the Harrisburg area in the late 80s. Our lawyer actually spent time just talking through those years with Joe, like really detailed conversations about what the work involved and what materials were around. They have investigators who can sometimes verify things too even without written proof. We didn't have coworker statements either but the lawyer said that's pretty normal. What helped us was finding one old equipment invoice from a supplier that showed the type of materials being used on a particular job.

I'd definitely ask your Joe's lawyer specifically which records they want you to prioritize first. We wasted some time gathering stuff they didn't really need when we could've been hunting down the good stuff...
Veteran
Paystubs and job site memory will carry more weight than you think, especially if your lawyer can cross-reference with company records or old building permits. The affidavits are nice to have but not always a dealbreaker if you've got solid timeline documentation.
Family
Oh man I feel this so much. My mom's oncologist in Phoenix sent over like a mountain of records when we started looking into everything and I was just staring at it thinking "okay but what do they actually need" you know?

From what we've gone through, the lawyers really zeroed in on the pathology report first and foremost. That's the smoking gun basically. The imaging stuff too like the CT scans or X-rays that show the location and extent. Those are non-negotiable. But for the medical records I think they asked for the big picture stuff, not every single doctor visit. Like her primary care stuff, any lung specialists she saw, the imaging reports, the biopsy results. Not like her visit for her blood pressure medication from 2019 or whatever.

The exposure history part is honestly where it gets messier. We had to dig through my mom's old files and she kept some employment records thankfully. What really helped was making a timeline of where she worked, what years, and what she remembers about the conditions. My mom actually wrote down names of coworkers she could remember and the lawyer said even that informal stuff could help point them in the right direction for further investigation. They don't necessarily need signed affidavits right away but documenting what your husband remembers while it's still fresh is huge.

One thing I wish we'd done earlier was ask the lawyer for a specific checklist. Like literally "here are the 8 things we need from you" because otherwise you're just guessing. When I finally asked point blank what was holding things up they gave me like a one-page list and suddenly it felt manageable instead of overwhelming.

The Harrisburg construction work in the 80s and 90s is actually pretty traceable too if you know which companies or buildings. Even partial info helps.

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