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filing a meso claim in PA - what docs do they actually want from you

Veteran · · 3,670 views
So I'm not in PA but I'm helping a buddy in Harrisburg figure out what he needs to file and it seems like nobody's giving him a straight answer. He got diagnosed last year, worked at a manufacturing plant there back in the 80s. My understanding from talking to folks and what my own paperwork looked like is they want your medical records first, the diagnosis paperwork from your oncologist, imaging reports, all that stuff. Then they want work history. Like actual employment records showing where you worked and what you did. He's got old W2s and a letter from the company confirming he was there but he's missing some years in between.

They also want to know WHERE the exposure happened. So if it was asbestos in insulation or brake linings or whatever, you gotta document that somehow. He's trying to find old product manuals or MSDS sheets but that's tough after 40 years. His old coworkers remember it but statements from guys aren't always enough. I think they also want medical exams showing the meso is actually connected to that job and not something random.

My advice tell him to get a copy of everything his doctor has. Get his employment records organized by year. Write down what he actually did, what materials he handled, how often. Then get a lawyer because they know what each specific company or product needs to prove the connection. The VA process is different than civilian court so if he's eligible for VA benefits that might be easier but I don't know his full story.

Anybody else deal with PA claims? What did they actually ask you for.

9 Replies

Patient
I'm in Ohio so different jurisdiction, but the documentation piece is exactly what I'm wrestling with right now for my own case. I worked at Johns-Manville from '78 to '85 and my oncologist has the peritoneal diagnosis locked down, but tracking down the actual exposure records is brutal. The plant's been through different owners and nobody wants to dig through archives.

What helped me was being really specific in my symptom journal about what I actually handled. I started keeping notes back in September about my timeline and what materials I remember working with, and when I met with the medical team evaluating me for HIPEC surgery they said those contemporaneous details matter more than people think. Not as much as official docs obviously, but it fills gaps.

For your buddy, the coworker statements might be weaker on their own but if he can get multiple people saying the same thing about the same exposures that starts to paint a picture. I had three former colleagues write brief statements about the asbestos-containing insulation we wrapped, and my doctor said that corroboration actually strengthened things. Also worth asking his oncologist if they've testified in similar cases before because some docs have already established the causation connection to that specific company or product.

The MSDS sheets are tough but sometimes the company's old catalogs or product brochures show asbestos content even if the sheets are gone. I spent like an hour on microfiche at the Cleveland library looking up old manufacturing specs, which sounds crazy but it paid off. Getting a lawyer who's handled PA cases specifically makes a huge difference too. They know what the state's been accepting as evidence lately.
Veteran
Yeah the symptom journal is smart, L. That specificity is what they actually need. My doc had me do something similar during recovery and it made a difference when things got questioned. JM records are a nightmare to pull, I've heard that from a couple guys. Have you tried going through OSHA or the state labor board? Sometimes they've got old inspection reports that name what was actually in the facility, saved me some legwork on my end.
Attorney Expert Response
PA is actually one of the more plaintiff-friendly jurisdictions for these cases, which matters for your buddy. Philadelphia County in particular has a specialized asbestos docket that's been running since the late 80s, so the judges there have seen literally thousands of these fact patterns and the process is more streamlined than most states.

On the missing work years, that gap doesn't sink a claim. We've reconstructed employment histories using union records, Social Security earnings statements (you can request those directly from SSA), old pension fund documents, even newspaper archives for plant closures. The SSA earnings record thing is underused and it goes back decades.

The coworker statements matter more than people think, actually. Eyewitness testimony about specific products being handled, specific brands of insulation, specific work conditions... courts weigh that. The key is getting those statements documented formally and soon, because coworkers in their 70s and 80s are time-sensitive witnesses.

And the causation piece you mentioned, connecting the exposure to the diagnosis, that's typically handled through a pulmonologist or occupational medicine specialist doing a formal causation opinion. That's different from the treating oncologist's records. We had a case in 2019 where the oncologist's records were solid but the claim needed a separate causation expert to tie everything together before defendants took it seriously.

Definitely have him consult an attorney who knows the Philadelphia asbestos docket specifically. Jurisdiction within PA matters here.
3 found this helpful
Attorney Expert Response
On the missing work years, that gap actually comes up more than people think. What we've seen fill it in are union membership records, Social Security earnings statements (you can request them directly from the SSA going back decades), and even old pension fund documentation if the plant had one. The SSA route in particular has saved cases where the employer's own records were incomplete or conveniently gone.

The coworker statements Frank mentioned are worth pursuing too, but there's a specific way to do it that carries more weight. Sworn affidavits prepared with an attorney present tend to hold up better than informal written statements, especially if the case eventually goes before the Philadelphia docket. Pennsylvania courts have seen enough of these claims that they know when documentation looks rushed.

And on the product identification piece, manufacturers sometimes kept their own exposure records, and asbestos trust claims (there are over 60 active trusts right now) have their own evidentiary standards that may actually be easier to meet than a civil suit. Your buddy might have claims running on parallel tracks without knowing it yet.

Definitely have him talk to someone who knows PA specifically before he assumes anything about what's sufficient.
3 found this helpful
Medical Expert Response
What you've laid out is actually pretty solid, and your buddy is lucky to have someone helping him piece this together.

The gap years in employment records come up constantly. What I've seen work is combining those W2s with union records if he was in one, Social Security earnings statements (you can request them directly from the SSA and they go back decades), and sworn affidavits from coworkers. Courts have accepted coworker statements more often than people expect, especially when multiple people say the same thing independently.

The exposure documentation piece is the harder one honestly. OSHA inspection records from the 80s are public and sometimes show exactly what products were on site at a specific facility. I worked with a family in 2019 who found records from a 1983 OSHA visit that named three specific asbestos-containing products used at their plant. Changed everything.

For the medical causation side, a pulmonologist or occupational medicine doc who specializes in asbestos disease is really what he needs, not just his regular oncologist's notes. They write these reports differently and legal teams know the difference.

And if any of this starts feeling emotionally heavy for him, that's worth paying attention to. Dealing with paperwork while sick is exhausting in a way most people underestimate. Journaling what he remembers, even just for himself, can help organize thoughts and sometimes surfaces details he forgot. If the stress gets persistent, talking to someone professionally really does help. The Cancer Support Community has PA-based services and most are low or no cost.
3 found this helpful
Veteran
Your buddy's gonna need that work history nailed down tight, that's the first thing they'll push back on. Best move is get a lawyer who knows PA cases because they'll know which companies have the paper trail already and which ones don't, saves him months of hunting around.
Medical Expert Response
What you've described is pretty much on target from what I've seen working with clients going through this process. The gap years in employment records are really common and it stressed out so many of the families I've worked with, but attorneys who specialize in this area see it constantly and they have ways to reconstruct that timeline. Coworker affidavits actually carry more weight than people think when they're done properly, especially when multiple people can corroborate the same work conditions.

The exposure documentation piece is where things get genuinely hard after 40 years. One thing I saw work well for a client in Bucks County was contacting OSHA directly for historical inspection records from the facility. Sometimes those records show asbestos citations or product usage going back decades and that's the kind of third party documentation that really strengthens a claim.

For the medical side, the pathology report specifically matters a lot, not just the diagnosis letter. The mesothelioma cell type and staging all feeds into the causation picture that the claim needs to establish.

And honestly, the emotional weight of gathering all this while someone is sick and scared... it's a lot to carry. I'd gently encourage your buddy to let someone else take the lead on document collection when possible. That kind of stress on top of treatment is real and it takes a toll.

If the anxiety or grief around all of this feels like too much, talking with an oncology social worker at his treatment center is worth asking about. Most cancer centers have one on staff.
3 found this helpful
Veteran
Yeah that's good to hear from somebody on the clinical side. My buddy was pretty stressed about those missing years so I'll pass that along. The coworker angle is solid since he's still in touch with a couple guys from back then who remember the insulation work they were doing. Sounds like getting a lawyer involved early is the move so they can handle getting those affidavits done right instead of him just collecting names and hoping it works out.
Veteran
Camp Lejeune had the same problem with docs from the 70s and 80s, half of them don't exist anymore or got buried in some warehouse. Your buddy should also pull his own medical records from back then if he can find them, not just the diagnosis stuff. Sometimes old X-rays or clinic notes mention the exposure even if nobody connected it to meso at the time.

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