Companies and insurers continue to experience an increase in the number of lawsuits they face, which involve Plaintiffs who allege that their lung cancer was caused by asbestos exposure, despite the fact that many of these Plaintiffs were longtime smokers.  The trend, which has emerged over several years, has gained nationwide prominence as highlighted by New York Congresswoman Carolyn McCarthy’s asbestos lawsuit.

Congresswoman McCarthy sued more than 70 companies alleging that their asbestos-containing products caused her lung cancer, despite the fact that she spent 30 years as a nurse and was a heavy smoker for more than 40 years, writes Daniel Fisher in Forbes. As Fisher notes, lung cancer claims in Madison County, Illinois and Delaware have more than doubled since 2010.

As Joe Nocera recently wrote in the New York Times, the upsurge in lung cancer cases appears to be driven by economic incentives.

The increase in lung cancer filings is notable not only because of the number of additional filings, but also because many of the injured parties are longtime smokers.  Congresswoman McCarthy, for example, reportedly “is such an avid smoker that she’s known around Capitol Hill for taking breaks ­between votes.

Marc C. Scarcella and Peter Kelso have recently published on the subject of the economic incentives of lung cancer cases.  Lung cancer filings in Madison County and Delaware have increased from less than 200 in 2000, to an estimated total for 2013 of more than 1,200.  The trend is especially notable given that smoking is likely a contributing factor in 90% of lung cancer cases, (pdf download).

As Daniel Fisher noted in a follow-up article, despite her admitted 30-year smoking history, Congresswoman McCarthy denied that her lung cancer was caused by smoking.

Conclusion

With ever-increasing lung cancer lawsuits involving allegedly injured parties, zealous and thorough investigation and representation are even more important.  Determining the injured’ party’s smoking history is not only essential, but should be a critical and repeated theme woven throughout the defense of the case by defense attorneys.  Companies and insurers faced with lung cancer lawsuits involving alleged asbestos exposure must be vigilant regarding questionable claims.