Asbestos In Your Area

Arkansas (AR) Mesothelioma and Asbestos Exposure

In Arkansas, there are only two locations where asbestos occurs naturally, the Hot Springs area and Russellville area, both of which are in the western part of Arkansas. However, there are many electrical plants, power plants, and oil facilities throughout Arkansas where asbestos products are used.

Asbestos exposure can cause diseases such as asbestosis and mesothelioma. Mesothelioma, a deadly cancer of the lining of the lungs, heart or abdomen, takes between 15 and 50 years to appear after the initial exposure to asbestos. Most cases are discovered during the late stages of development.

At-Risk Occupations and Locations in Arkansas

There are 10 power generating stations and three oil facilities that have been noted as being places where workers have been exposed to asbestos products. These facilities are located in Fayetteville, Jonesboro, Little Rock, and Pine Bluff.

The removal of asbestos materials in Arkansas is governed by the Arkanasas Department of Environmental Quality under the Pollution Control and Ecology Commission Regulation 21, on asbestos abatement. While this document is 66 pages long, it basically outlines the safety rules and regulations for disposal of asbestos products.

Asbestos-Related Deaths In Arkansas

Since 1979, there have been 276 deaths from asbestos-related diseases, and more than half of that number die from mesothelioma. The death toll is spread over 60 counties in Arkansas, with Pulaski County topping the list with 25 mesothelioma deaths and 19 deaths from asbestosis. Arkansas County, Bradley County, and Chicot County each reported only one death since 1979, all of them from mesothelioma.

Since 1979, there have been 762 lawsuits filed in the state of Arkansas for asbestos-related cases.

Legal Resources for Arkansas Residents

The statute of limitations in Arkansas for filing a lawsuit against the companies that are responsible for asbestos exposure is three years. In the past, most mesothelioma cases are pro-victim. However, once the statute of limitations is reached, there is little compensation. The three year limit begins when you've discovered the disease and have been diagnosed with mesothelioma or asbestosis. Class action lawsuits do not often go forward in Arkansas, so it's best for asbestos exposure victims to file an individual lawsuit.

Class action lawsuits are very difficult to pursue in Arkansas, and previous decisions may hinder any response you get from the court system. Baker v. Wyeth-Ayerst Laboratories Division, a class action lawsuit, was denied by the Arkansas Supreme Court. While this case was not an asbestos case, but rather a diet pill case, the court determined that each of the people involved were different, thereby preventing a class action lawsuit. The differences as ruled by the Supreme Court included that each person had a different experience, medical history, medical condition, doctors, the drugs themselves, the number of drugs taken by each person (there were three different ones), the amount of time the pills were taken, and the varying degree of damages. This class action case has been referenced by the Supreme Court on other occasions as well as giving a basis for all class action lawsuits.

Essentially, if you're looking to file a lawsuit for an asbestos-related illness, it's best to work with the Workers Compensation Commission and file your own civil lawsuit instead of a class action lawsuit.

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