Page Updated March 12, 2025

Mesothelioma Suit Against World Trade Center Asbestos Company Allowed to Proceed

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Mesothelioma Attorney Paul Danziger

The Supreme Court of New York was asked to weigh in on a mesothelioma lawsuit filed by the widow of a mesothelioma victim who traced his asbestos exposure to his days working in New York City’s World Trade Center. Marie Bassi Ryder filed suit against several companies that she’s accused of negligence in her late husband’s death, and though one of those companies filed a motion for summary judgment, the court rejected their argument and allowed the case against them to proceed.

Fireproofing Spray Containing Asbestos Blamed for Mesothelioma

Mrs. Ryder’s late husband was diagnosed with malignant pleural mesothelioma decades after he worked at the site of the World Trade Center. Among the named defendants in her lawsuit was Arconic, Inc., whose fire-proofing spray was used in the iconic buildings’ construction and which contained asbestos. She said that he had been exposed by having been in close proximity to workers using the product without taking proper precautions.

In its motion to have the mesothelioma claim against them dismissed, Arconic argued that their spray did not contain asbestos after 1970, before he began working at the site. But the widow’s attorneys pointed out that the proof of this that the company had presented was limited to a memo that suggested that the product might be discontinued rather than evidence that it actually had been. They also pointed out that, even if the workmen had stopped using it, that didn’t prove that they didn’t start using it again.

Symptoms Associated with Potential Mesothelioma from 9/11 Dust

Exposure to the hazardous 9/11 dust has been linked to symptoms that may indicate mesothelioma, even though definitive cases haven’t been reported by some surveys. The primary symptoms associated with potential mesothelioma include:

• Shortness of Breath: Many individuals have noted difficulty in breathing.
• Wheezing: A noticeable whistling sound can occur when breathing due to airway obstruction.
• Persistent Cough: A long-lasting cough that does not subside easily is another potential sign.

Of over 9,000 individuals with significant exposure to the dust, nearly half reported experiencing at least one of these symptoms. Alarmingly, 11% encountered all three symptoms simultaneously, highlighting the potential health risks linked to the toxic exposure from that tragic event.

Exposure to 9/11 dust has been linked to a variety of cancers and other health conditions. Here’s a comprehensive look at the most impacted health issues:

Common Cancers Linked to 9/11 Dust

Individuals exposed to the dust have been diagnosed with several cancer types, including:

• Prostate Cancer
• Breast Cancer
• Thyroid Cancer
• Lung Cancer
• Kidney Cancer
• Colon Cancer
• Nonmelanoma Skin Cancer
• Melanoma
• Lymphoma
• Leukemia

By 2021, nearly 24,000 people were reported to have developed cancer related to 9/11 exposure.

Other Health Conditions

Besides cancer, other significant health conditions have been identified among those exposed to the toxic dust:

• Chronic Obstructive Pulmonary Disease (COPD)
• Sleep Apnea
• Musculoskeletal Syndromes
• Sarcoidosis (an inflammatory condition)
• Post-Traumatic Stress Disorder (PTSD)
• Anxiety and Depression

Overall, over 63,000 individuals have been diagnosed with health issues attributed to exposure from the events of 9/11. This list underscores the long-term health impacts faced by survivors and responders.

What Are the Health Effects from Exposure to 9/11 Dust?

Exposure to the dust from the 9/11 attacks has left long-lasting health impacts, as documented over the years. Here’s a comprehensive look at the related health issues:

Respiratory Diseases

A significant number of those exposed have developed respiratory conditions. These include chronic ailments such as asthma, rhinosinusitis, and bronchitis, all of which are often grouped under what is commonly referred to as “World Trade Center cough syndrome.” This syndrome brings persistent respiratory symptoms, frequently worsened by gastrointestinal reflux disease (GERD).

Lung Issues

• Asbestosis: Over 350 individuals have been diagnosed with this severe lung disease.
• Pulmonary Fibrosis: More than 440 cases have been documented. This condition may be linked to inhaling asbestos and other dangerous fibers present in the dust.

Cancer

The incidence of cancer among those exposed has nearly doubled since 2007, affecting roughly 16% of the population studied. This significant increase underscores the carcinogenic potential of substances present in the dust.

Additional Health Concerns

• Shortness of Breath: Approximately 35% of individuals report needing medical attention for breathing difficulties.
• Gastrointestinal Conditions: These are often exacerbated by respiratory disorders, creating a complex interplay of symptoms.
• Psychological Conditions: Mental health issues have also surfaced, stemming from the traumatic exposure and its ongoing physical repercussions.

Impact on Recovery Personnel

Nearly 70% of recovery workers have experienced lung issues, bearing testimony to the harmful effects of the dust.

These health challenges reflect the severity of 9/11 dust exposure, necessitating ongoing medical attention and research to aid those affected.

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The aftermath of 9/11 dust exposure is predicted to pose significant future health risks, primarily due to inhaled asbestos fibers. Experts foresee a surge in asbestos-related diseases, such as mesothelioma and lung cancer, with cases beginning to increase two decades after the tragic event. These conditions are expected to reach their highest levels around 2041, 40 years post-exposure.

According to specialists, accurately determining the risk level for each individual remains challenging. However, there is consensus that these health issues are not being adequately recognized by the public today and require serious attention in upcoming years.

The dust released by the collapse of the World Trade Center towers on 9/11 consisted of a complex mixture of materials.

• Nonfibrous Construction Materials: Dominating the composition, about half of the dust was made up of building materials commonly used in construction.
• Glass and Other Fibers: These accounted for approximately 40% of the dust, originating from shattered windows and fiberglass insulation.
• Cellulose from Disintegrated Paper: Roughly 9.2% of the dust came from the disintegration of paper products that were present in the office spaces.
• Asbestos: Though less prevalent, asbestos constituted about 0.8% of the dust. Despite its small percentage, the presence of asbestos raised significant health concerns due to its notorious reputation for causing respiratory diseases.

Overall, the dust was a complex blend of common materials found in a bustling office building, mixed with hazardous substances, some of which presented long-term health risks to first responders and nearby residents.

Health Safety Tips for Individuals Exposed to 9/11 Dust

Exposure to the dust and debris from the 9/11 attacks can have significant health implications. Here are several important safety tips recommended for those affected:

Prioritize Comprehensive Health Evaluations

• Respiratory and Digestive Assessments: It’s crucial to conduct a thorough examination of your respiratory and digestive systems to identify any abnormalities or potential issues.
• Mental Health Check: Ensure you receive a comprehensive evaluation of your mental health. Psychological impacts can be as significant as physical effects.

Engage in Holistic Treatment

• Integrated Care Approach: Seek treatment plans that address both physical and mental health. Multidisciplinary teams can offer a more cohesive healing strategy.
• Adhere to Medical Advice: Follow all prescribed treatments and medications carefully to manage and alleviate symptoms effectively.

Manage Chronic Conditions

• Proactive Disease Management: If you have existing chronic conditions, diligent management is key to controlling their impact over time. Ensure regular monitoring and adjust treatments as advised by your healthcare provider.

By taking these steps, individuals exposed to 9/11 dust can work towards safeguarding their health and mitigating the long-term effects of exposure.

Understanding the Risk of Asbestos Exposure Post-9/11

In the aftermath of the 9/11 attacks, the air within a 1.5-mile radius of Ground Zero was perilous, filled with toxic substances. Among these, asbestos was a major concern, posing a significant health risk to many.

High-Risk Groups

1. First Responders and Firefighters: These brave individuals were among the first on the scene, exposed to harmful particles during their rescue operations.
2. Search and Rescue Teams: Those involved in the search for survivors often worked in the most contaminated areas, increasing their exposure risk.
3. Cleanup Crews: Engaging in the difficult task of debris removal placed them in direct contact with asbestos-laden dust.
4. Local Residents and Survivors: People living nearby or present during the attacks faced prolonged exposure as the toxic dust settled in their homes and neighborhoods.

These groups experienced the highest risk due to their proximity to the site and the intense nature of their involvement in the immediate response and recovery efforts. Understanding these risks highlights the importance of ongoing health monitoring and support for all affected individuals.

Why was Asbestos Used in the Construction of the World Trade Center?

In the late 1960s and early 1970s, the World Trade Center was being constructed at a time when asbestos was a popular material in the building industry. This popularity was due to its exceptional strength and heat-resistant properties, which made it a go-to option for enhancing the safety and durability of structures.

Multiple products in the construction of the twin towers incorporated asbestos. Among them was a spray-on fireproofing material, which was applied to the steel framework of the north tower, specifically up to the 40th floor. This application was crucial for protecting the structural integrity of the building from potential fire damage.

However, during the construction phase, builders anticipated forthcoming regulations that would impose restrictions on the use of asbestos due to health concerns. This foresight led to the eventual cessation of asbestos use in the ongoing construction of the towers.

Arguments and Court Decision

Fireproofing Spray Containing Asbestos Blamed for Mesothelioma

• Description of the fireproofing spray and its asbestos content.
• Arconic’s argument that their product did not contain asbestos post-1970.
• Widow’s attorneys counterargument regarding insufficient evidence from Arconic.

Request for Dismissal from Mesothelioma Claim Denied

Because Arconic had not “unequivocally” established that its product could not have played a part in Mr. Ryder’s mesothelioma, the judge hearing the widow’s case denied Arconic’s request for dismissal, especially because of the abundance of documentary evidence that she had provided about the use of Arconic’s asbestos-containing materials at the worksite.

He wrote that in presenting her mesothelioma claim, the widow had provided “sufficient documentary evidence to raise a question of fact as to the extent of asbestos-containing material in use at the World Trade Center post-1970, its proximity to plaintiffs work, and whether the company had notice of, or created, the dangerous condition.”

Legal Actions and Settlements Related to 9/11 Dust Exposure

In the aftermath of the 9/11 attacks, tens of thousands of individuals exposed to the hazardous dust developed serious health issues, including respiratory conditions and various cancers. This has led to numerous legal actions seeking compensation for asbestos exposure and other related health problems.

Major Settlements

• 2010 Agreement: Over 10,000 rescue and recovery workers who suffered dust-related injuries joined a significant court settlement of $713 million. This was facilitated by a captive insurance company specifically set up to handle claims arising from the World Trade Center disaster.
• Other Settlements: Additional agreements reached with entities such as the Port Authority of New York and New Jersey have collectively increased the total compensation to approximately $810 million.

These settlements reflect the extensive impact the dust had on first responders and others who were on site during and after the tragedy.

Research Findings and Implications

A study published earlier this year revealed a distinct immune response in 9/11 victims with prostate cancer, suggesting that the dust might increase cancer risk through an inflammatory response. This research has influenced how conditions are linked back to dust exposure in legal contexts.

Legislative Changes

The Zadroga Act, which initially provided limited compensation, has evolved. Before 2012, it did not cover cancer claims due to insufficient evidence linking them to the dust. However, it now allows those affected to file claims, acknowledging the connection as more research emerged. It’s important to note that receiving compensation from this fund might reduce payouts from separate legal suits.

Future Considerations

Asbestos-related diseases, such as mesothelioma, have long development periods. Experts like Dr. Craig Stevens from Michigan anticipate that legal claims associated with these conditions will likely increase, with disease cases peaking around 2041, thus highlighting ongoing and future legal ramifications.

Compensation and Support for 9/11 Responders and Survivors

In the wake of the 9/11 attacks, significant efforts have been made to support those affected by related health conditions. A key piece of legislation providing this support is the James Zadroga 9/11 Health and Compensation Act. This law expands upon previous relief measures and set aside $8.1 billion to offer essential resources.

Key Benefits and Services:

• Compensation Fund: More than 19,000 responders and survivors have received financial compensation. This fund aims to alleviate the economic burden caused by health issues arising from exposure to the tragedy.
• Health Monitoring and Treatment: Eligible individuals can access annual health monitoring exams. These exams are essential for early detection and treatment of both physical and mental health conditions linked to 9/11 exposure.
• Counseling Services: Those affected by 9/11 can benefit from professional counseling services designed to assist in navigating the complexities of their benefits and overall healthcare journey.
• World Trade Center Health Program: This program offers comprehensive medical and mental health care specifically for conditions related to the attacks, ensuring that responders and survivors receive tailored support.
• VA Health Care Benefits: Veterans who were deployed as responders to the disaster sites also have potential access to Veterans Affairs health care benefits, providing an additional layer of support for those who served during the recovery efforts.

These resources are continually extended and refined to ensure ongoing support for those who put their lives at risk in the aftermath of 9/11, as well as for the civilians impacted by the dust and debris.