Asbestos and the future of mass torts.

L egal claims for injuries from asbestos involve more plaintiffs, more defendants and higher costs than any other type of personal injury litigation in U.S. history. As of the end of 2002, 730,000 individuals had filed lawsuits against more than 8,400 defendants, and the total amount that defendants and insurers had spent on resolving claims—including all legal costs—was estimated to be $70 billion (Carroll et al., 2004). Eighty-five corporations have filed for bankruptcy due to asbestos liabilities, and several insurance companies have either failed or are in financial distress (White, 2002b). Estimates of the total number of people who will eventually file claims range from 1.0 million to 3.0 million, and estimates of the eventual cost of asbestos litigation range from $200–$265 billion (Carroll et al., 2004). Asbestos was once referred to as the “miracle mineral” for its ability to withstand heat. It was heavily used as a fireproofing and insulating material in ships, buildings and consumer products, including wallboard, roofing, flooring, cement, insulation, drinking water pipes, automobiles, clothing, paper, hair dryers, garden products, home appliances, artificial firelogs and children’s toys. Estimates of the number of Americans exposed to asbestos range from 27 million to 100 million (Biggs et al., 2001). But breathing asbestos fibers—which can be microscopic—causes a variety of diseases. Two of these diseases, asbestosis and mesothelioma, are uniquely associated with asbestos exposure. Asbestosis is scarring of the lungs that reduces breathing capacity; it can range from nondisabling to fatal. Mesothelioma is cancer of the pleural lining around the chest and abdomen and is quickly fatal. Other asbestos