Des Moines’ economic history began with coal mining and railroads, and as it expanded, asbestos use became common, putting workers at risk of developing deadly diseases. Victims of asbestos exposure are now fighting for justice with the help of experienced Des Moines mesothelioma lawyers.
If you or a loved one suffer from mesothelioma, asbestos-related lung cancer, or asbestosis, you may be entitled to considerable compensation for pain, suffering, lost wages, medical bills, and more. Fill out our form to receive our free Financial Compensation Packet. Our packet is loaded with information on experienced mesothelioma attorneys in Des Moines, how to file a claim for asbestos trust funds, how to get paid in 90 days, and more.
FREE Financial Compensation Packet
- Info on law firms that will recover your HIGHEST COMPENSATION
- Learn how to get paid in 90 days
- File for your share of $30 billion in trust funds
Facts About Asbestos in Des Moines
- An early manufacturing economy set the stage for widespread asbestos use in Des Moines.
- Factory jobs in the area began declining by the middle of the 20th century, but by then, many workers had already been exposed to asbestos.
- As the city grew, new construction in the early- and middle-1900s also incorporated asbestos into many homes and public buildings.
- Between 1999 and 2017, there were 285 asbestos-related deaths in Polk County and Des Moines, the highest rate in the state.
The History and Impact of Vermiculite Insulation from Montana
In the mid-to-late 20th century, manufacturing plants in Des Moines, Iowa, heavily depended on a product known as vermiculite insulation sourced from a mine in Montana. This seemingly innocuous mineral, however, harbored a hidden danger: asbestos contamination.
A Legacy of Neglect
This mine, located in the town of Libby, extracted vermiculite that was later found to be tainted with asbestos fibers. Despite awareness of the risk, shipments of this unsafe insulation continued to factories and homes, prioritizing profits over safety. The repercussions of using this hazardous material spread beyond Iowa, affecting countless communities throughout the United States.
Legal and Financial Repercussions
The unchecked use of asbestos-laden vermiculite eventually led to severe health consequences, prompting scores of victims nationwide to seek justice. The resulting wave of lawsuits culminated in significant financial and operational challenges for the involved company. By 2011, these challenges forced them into bankruptcy, with a federal mandate requiring the creation of a substantial victim compensation fund. This fund, totaling $3 billion, aimed to address and alleviate the suffering inflicted upon numerous families.
In summary, the history of vermiculite insulation from Montana is a cautionary tale about the consequences of neglecting product safety, prompting ongoing vigilance in the manufacturing industry.
About Asbestos and Mesothelioma
Asbestos exposure causes mesothelioma. Nearly every case of this rare cancer was caused by negligent asbestos exposure. If you were diagnosed with mesothelioma, you likely worked somewhere in Des Moines that used asbestos.
Asbestos is a natural material that sheds tiny fibers. If you inhale those fibers, they can lodge in tissues in your body, causing damage. In some people, that damage results in cancer.
Because inhalation is the most common type of exposure, most cases of mesothelioma are pleural or in the tissue around the lungs. Pleural mesothelioma causes symptoms like shortness of breath, chest pains, and coughing. It is a devastating and aggressive disease with a poor prognosis.
Why Should I Sue for Mesothelioma?
Many people sue over mesothelioma seeking compensation for their medical and other expenses. Mesothelioma is a costly illness in several ways. The companies responsible for negligently exposing you to asbestos can and should be held accountable.
You might want to sue for compensation and a sense of justice. Companies have gotten away with using harmful asbestos for decades and now face the consequences.
To secure punitive damages in mesothelioma lawsuits, certain conditions must be met. These damages are awarded in addition to compensatory damages and aim to punish the defendant for particularly harmful behavior.
- Evidence of Intentional Disregard: It’s crucial for the plaintiff, often through their legal representation, to demonstrate clearly and convincingly that the defendant was aware of a significant risk. The defendant must have willfully ignored this risk, leading to others’ harm.
- Knowledge of the Hazard: The defendant must have had prior knowledge of the unsafe exposure to asbestos and the potential health implications involved. This knowledge establishes that the risk was known but deliberately neglected.
- Severity of Conduct: The defendant’s actions must be beyond mere negligence. The conduct should be egregious enough to warrant punishment beyond typical compensatory measures.
In essence, for punitive damages to be granted, the plaintiff must prove that the defendant’s actions were not just careless but consciously indifferent to the dangers posed to others.
How Can a Des Moines Mesothelioma Lawyer Help?
Mesothelioma and asbestos cases are notoriously complicated. You cannot tackle this without expert legal guidance. A top Iowa lawyer in Des Moines can help you in several ways:
Free Initial Consultation
The first thing a lawyer can do to help you in this situation is to sit down and answer your questions. Asbestos firms offer free initial consultations. During this session, they will review the information and determine if you have a case.
Investigative Resources
One of the things that makes asbestos cases so complex is finding proof. You must show how and when you were exposed to asbestos and connect that exposure to your illness.
To prove asbestos exposure and mesothelioma, you need to know your work history. With this information, a law firm can then investigate your past employers and work locations. With their extensive resources, they can determine all the companies responsible for your past asbestos exposure.
Explaining Your Options
Asbestos victims have a few options for taking legal action and seeking compensation. You might want to file a personal injury lawsuit against the companies that exposed you. Personal injury lawsuits usually end in a settlement. In some cases, the lawsuit goes to trial, where you may get a jury award. If your loved one died from mesothelioma, you can file a wrongful death lawsuit. These also typically end in settlements that compensate the victim’s family.
Beyond these lawsuits, there are additional legal avenues available:
- Civil Claims: These can be pursued to hold responsible parties accountable and seek financial recovery for damages.
- Workers’ Compensation Claims: If the exposure occurred in the workplace, victims might be eligible for benefits through workers’ compensation programs.
- VA Disability Claims: Veterans who were exposed to asbestos during military service can file claims with the Department of Veterans Affairs to receive disability compensation.
These options provide a comprehensive range of potential claims, ensuring that victims can pursue the maximum compensation available to them based on their unique circumstances.
Many asbestos companies went bankrupt years ago and cannot be sued. As part of bankruptcy, they set up asbestos trust funds. These funds play a crucial role in compensating victims when a responsible defendant has declared bankruptcy.
Your lawyer can find any trusts you qualify for and help you file a claim for compensation. These trust funds collectively contain about $30 billion, providing a substantial pool for eligible claimants.
The effectiveness of accessing these funds often depends on the skill of your attorney in negotiating the claims. If your attorney is a strong negotiator, you may obtain significant compensation from these trusts.
By understanding the intricacies of these funds and leveraging legal expertise, navigating the claims process can become a more straightforward path to securing the compensation you deserve.
How do Settlement Negotiations Work in Mesothelioma Cases Involving a Victim Compensation Fund?
Settlement negotiations in mesothelioma cases with a victim compensation fund differ significantly from typical court proceedings. Here’s a breakdown of how they generally work:
- No Court Supervision: In these cases, settlement talks are typically not overseen by a court. This grants the fund administrator a significant degree of flexibility during negotiations.
- Negotiation Challenges: Since there is no obligation for the fund administrator to negotiate in good faith, initial offers might be less than ideal. Low-ball offers or take-it-or-leave-it deals are common, requiring skilled negotiation to improve the terms.
- The Role of the Negotiator: To secure the best possible settlement, having an adept negotiator is crucial. The negotiator’s expertise can lead to a favorable outcome without causing unnecessary delays.
- Duration of the Process: The negotiation and settlement process often concludes in a few months. This time frame is particularly achievable if the claimant qualifies for an expedited review, allowing for quicker resolution compared to traditional litigation.
In summary, while these negotiations can be complex and challenging, understanding the dynamics at play and having skilled representation can significantly impact the settlement outcome.
Maximizing Your Compensation
Many expenses are associated with having mesothelioma, some you might not have considered. A lawyer can maximize what you receive by finding all your expenses, which could include:
- Past and ongoing medical expenses
- Expected future medical expenses
- Lost wages
- Home care
- Travel costs for treatment
- Pain and suffering
Your lawyer will then put their expertise and resources to work, getting you as much compensation as you need.
Where Was I Exposed to Asbestos in Des Moines?
Many industries used asbestos, including multiple workplaces in Des Moines. You might have been exposed on the job in manufacturing, construction, power generation, or even working in a government building.
Asbestos and the Power Industry
Power generation is an industry that used asbestos for decades, relying on it to provide fireproofing and insulation. Iowa Power & Light, now known as Interstate Power and Light (IPL), operated numerous power plants in the state, including the Des Moines area.
IPL is now a subsidiary of the Alliant Energy Corporation. Most of IPL’s power generation plants are coal or oil-fired; many are older and constructed with asbestos.
Iowa’s older power stations date from the 1950s and 1960s, when they operated under the original Iowa Power & Light. Most of these facilities had asbestos issues; both IPL and Alliant have assumed liability for these problems.
Des Moines Residents Still Paying for Asbestos Cleanup
The construction industry used asbestos more heavily than many others. Many of the older buildings in Des Moines still contain harmful asbestos. The industry harmed workers in the past, but the danger lingers and can still cause exposure in residents and others.
In early 2020, a downtown office building, the original Central Life Assurance Company building, is set to be renovated to the tune of $23.3 million.
A chunk of the budget will go to asbestos remediation in the mid-century building. The city council agreed to a tax increase to finance the abatement.
Asbestos in Des Moines Superfund Site
Des Moines is home to an Environmental Protection Agency (EPA) Superfund site that contains asbestos. Now owned by Titan International, Dico made industrial dairy equipment and used asbestos in insulation, among other materials.
The EPA designated the vacant property a Superfund site in the 1980s. The Des Moines City Council voted in 2021 to start taking bids for demolition and remediation so the site can be redeveloped. The EPA ordered Titan to pay more than $11 million in fines, which will fund the cleanup.
How Did Asbestos Contamination Affect Workers at John Deere Works?
The history of the 1,500-acre site, operational since 1946, reveals a troubling legacy of asbestos exposure. Workers at the facility were at risk, with older machinery using asbestos-laden components like brake pads, clutch facings, and other parts. The primary threat stemmed from airborne asbestos dust released during routine maintenance and repairs.
Impact on Workers
- Exposure During Repairs: Mechanics and technicians were especially vulnerable when replacing or repairing parts. Disturbing these asbestos-containing components could release harmful fibers into the air.
- Long-term Health Risks: Inhaling asbestos fibers posed a significant health risk. Over time, exposure could lead to serious illnesses such as asbestosis, lung cancer, or mesothelioma, impacting countless workers who unknowingly encountered these dangers in their daily tasks.
The overall consequence was a heightened risk of severe health conditions among the workforce due to inadequate safety measures addressing the hazardous materials in their equipment.
How Does the Industrial City of Fort Dodge Contribute to Asbestos Exposure?
Fort Dodge, an industrial hub, plays a significant role in asbestos exposure due to its economic focus on certain industries. The city is renowned for its heavy involvement in mining operations and manufacturing, particularly limestone and gypsum extraction. These materials are crucial in the production of drywall and other construction products.
Industries at Play:
- Mining: The process often involves handling minerals that can be contaminated with asbestos.
- Manufacturing: Specifically, drywall production remains prevalent. Some facilities continue to use asbestos in their processes.
These industries increase the risk of asbestos exposure. Products manufactured within the city can still contain this hazardous substance, thereby endangering workers and residents alike.
Community Impact:
- Workplace Exposure: Employees in these sectors may encounter asbestos directly.
- Environmental Risks: The broader community can be affected by airborne particles, raising health concerns for everyone in the vicinity.
Fort Dodge’s industrial activities inherently elevate the threat of asbestos exposure, underscoring the importance of awareness and safety measures for its population.
Other Sources of Asbestos in Des Moines
Along with Iowa Power & Light and old office buildings, many other Des Moines buildings and workplaces contained and may still have asbestos. This includes public schools.
The following businesses, job sites, and buildings once used asbestos in Des Moines:
Schools
- East High School
- Herbert Hoover High School
- Abraham Lincoln High School
- North High School
- Theodore Roosevelt High School
- Brody Middle School
- Callanan Middle School
- Goodell Middle School
- Warren G. Harding Middle School
- Amos Hiatt Middle School
- Hoyt Middle School
- Cattell Elementary School
- Edmunds Elementary School
- Garton Elementary School
- Greenwood Elementary School
- Hanawalt Elementary School
- Howe Elementary School
- Hubbell Elementary School
- King Elementary School
- Madison Elementary School
- McKinley Elementary School
- Oak Park Elementary School
- Park Avenue Elementary School
- Phillips Elementary School
- Pleasant Hill Elementary School
- Samuelson Elementary School
- Smouse Opportunity School
- Stowe Elementary School
- Wright Elementary School
Hospitals
- Mercy Hospital
- Lutheran Hospital
- Iowa Methodist Hospital
- Blank Children’s Hospital
Transportation Facilities
- Des Moines International Airport
- Des Moines Railway Company
Construction and Manufacturing
- Allied Construction Services (Des Moines)
- Armstrong Rubber Manufacturing Company
- Archer Daniels Midland Soybean Processing Plant
- Court Avenue Brewing Company
- Eagle Iron Works
- Globe Machinery & Supply Company
- Pittsburgh-Des Moines Steel Company
- John Deere Financial Center
Asbestos-Related Businesses
- A.P. Green Refractories Company
- L&L Insulations
- Central Asbestos & Supply
- City Plumbing Supply (now City Supply)
Other Des Moines Businesses
- R.M. Daly & Company
- Linde Gas
- Meredith Corporation
- MidAmerican Energy Company
State Government Buildings
- Iowa State Capitol
- Iowa State Board of Education
The use of certain equipment in homes and workplaces carried significant health risks due to the materials used in their production. This equipment, notably boilers, often contained asbestos—a hazardous substance known to cause cancer. Workers who installed, maintained, or removed these items faced direct exposure. Such contact could occur during installation, repair, or demolition processes.
Residents of buildings where this equipment was installed were also at risk. The degradation or disturbance of these products could release asbestos fibers into the air, potentially jeopardizing the health of anyone nearby. This exposure could lead to serious respiratory illnesses, including asbestosis or mesothelioma, a type of cancer closely linked to asbestos.
This firm was extremely professional and responsive. If you have any meso questions, I’d highly recommend them
-Michael L.
Treatment for Asbestos Illnesses in Des Moines
UnityPoint Health of Des Moines John Stoddard Cancer Center offers cancer treatment for patients with asbestos-related illnesses, including malignant mesothelioma, asbestosis, and asbestos-related lung cancer.
Oncologists, thoracic surgeons, and medical researchers have treated thousands of cancer patients from all over the United States.
UnityPoint also conducts clinical studies to develop new treatments to improve patients’ quality of life and eventually discover a cure for mesothelioma.
UnityPoint Health – Des Moines
1200 Pleasant Street
Des Moines, Iowa 50309
Legal Help in Des Moines and Additional Information
Remember, if you’ve been diagnosed with mesothelioma, asbestos-related lung cancer, or asbestosis, you may qualify for significant compensation. Remember to fill out our form to get your free Financial Compensation Packet, with information on experienced asbestos and mesothelioma lawyers in your area. For questions and assistance, feel free to contact us at 800-793-4540.
