Michael Schafle, Esq.Michael Schafle, Esq.

Mesothelioma Lawsuit Filing

Quick answer
  • A lawsuit is brought against the companies that made and sold the asbestos products — not against the employer in most cases, and not against the government
  • Most cases name several defendants, because most work histories involve several manufacturers' products
  • Pennsylvania courts can expedite a case where a living mesothelioma plaintiff is involved, which materially changes the timeline
  • Filing does not commit you to a trial. Most asbestos cases resolve before one
  • Deadlines apply and generally run from diagnosis, not exposure. Call (610) 744-5614 rather than assuming the date has passed

Marcus Hook is a borough of about two square miles that has held a refinery for more than a century. Sun Oil bought 82 acres on the Delaware in 1901 and was running crude by early 1902; the Trainer refinery sits just over the borough line, and the two between them shaped every work history in Linwood, Boothwyn and the Chichesters. A lawsuit here starts by working out which units someone worked on and in which decades, because the products on a crude unit, a cat cracker and a powerhouse were bought from different suppliers.

Filing is the step people picture when they imagine a case, and it is usually the shortest part of the story. Everything that determines whether a lawsuit is worth filing happens beforehand: establishing the diagnosis, reconstructing the work history, and identifying whose products were on the job. By the time a complaint is drafted, the substantive questions have largely been answered.

The defendants are manufacturers and suppliers — the companies that made the insulation, block, cement, gaskets, packing, and friction products that a person worked around. It is not usually a case against the employer, and where the work was done at a federal installation or aboard ship it is not a case against the government. Most complaints name a group of companies, because most careers put someone near more than one manufacturer's material. Around Marcus Hook, a history at the Sun Oil refinery, the Trainer refinery, or the Viscose plant typically implicates a recognisable set of suppliers that sold into those industries from the 1940s into the 1980s.

Timing is the part worth understanding properly. Pennsylvania sets limits on when a claim can be brought, and for asbestos disease those limits generally run from diagnosis rather than from the exposure decades earlier — but exactly when the clock started can itself be contested, and the rule is not the same for a living claimant as for a family bringing a claim after a death. That is a question to put to someone early rather than to settle from a web page.

Against that, courts here can move quickly where the plaintiff is living and ill. Pennsylvania practice allows an asbestos case involving a living mesothelioma plaintiff to be expedited, which is one of the few places where the system genuinely accommodates the medicine. It is also a reason not to wait: the procedural advantages available to a living claimant are not available afterward.

Filing is not a commitment to trial. The large majority of asbestos cases resolve before one, through settlement with some defendants and trust claims against others, often in combination. What filing does is preserve the claim and start a clock that the defendants must answer to. Marcus Hook is in Delaware County, so the courthouse at Media is one option. Venue follows the defendants rather than the family’s address, though, and the companies that sold gaskets, packing, pipe covering and refractory into East Coast refineries did business everywhere — Philadelphia’s dedicated asbestos program, twenty minutes up I-95, is frequently available for the same case. Every case is different, and past results do not guarantee a similar outcome.

The thing most Marcus Hook families get wrong is who the case is against. It is not a case against Sun, or against whoever owns the site now, and it does not matter whether a man was a Sun operator or a contractor brought in for a turnaround. It is a case against the companies that made the gaskets, the pump and valve packing, the pipe covering and the refractory — and those companies sold into both refineries, and into Viscose, at the same time.

Call (610) 744-5614

Mesothelioma Lawsuit Filing — fees and costs in Marcus Hook

Consultation and initial case review, at home or at the hospital$0
Mesothelioma or asbestos claim, handled on contingencyNo fee unless there is a recovery — the percentage is agreed in writing before representation begins
Requesting employment, union, and military records on your behalfIncluded in the case review

No fee unless there is a recovery. Any fee is a percentage agreed in writing before representation begins.

Mesothelioma Lawsuit Filing — questions, answered

I was a contractor at the refinery, not a Sun employee. Can I still file?

Yes. The case is brought against the companies that made the gaskets, packing and insulation, not against whoever signed the paycheck. Turnaround contractors worked in the same material as the operators, and often in more of it.

The refinery is still there. Are we suing the refinery?

Usually not. A mesothelioma lawsuit names the manufacturers and suppliers of the asbestos products used on the units. Who owns the site today is generally beside the point.

Who is actually sued in a Marcus Hook mesothelioma lawsuit?

The manufacturers and suppliers of the asbestos products someone worked around — not, in most cases, the employer, and not the government where the work was military or at a federal installation.

Is there a deadline to file?

Yes. Pennsylvania time limits generally run from diagnosis rather than from the exposure, and they differ for a living claimant and for a family filing after a death. When the clock started can be disputed, so it is worth checking rather than assuming.

Does filing mean we go to trial?

Usually not. Most asbestos cases resolve before trial, frequently through a combination of settlements and bankruptcy trust claims. Filing preserves the claim and obliges the defendants to respond.