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KCIC analysis: Kanawha County asbestos cases decrease in 2020

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CHARLESTON —The number of asbestos cases nationwide and in Kanawha County decreased in 2020, according to a recent review of asbestos litigation filings.

The analysis was done by Washington-based consulting group KCIC and showed the Kanawha County docket had a 28.8 percent decrease from the previous year.

In 2020, Kanawha County had 69 new filings, after having 97 in 2019 and 97 in 2018. In Kanawha County's 2020 asbestos filings, 41 were lung cancer cases, while in 2019, 60 were lung cancer cases and in 2018, 61 were lung cancer cases, bringing the change from 2019 to 2020 a decrease of 31.7 percent.

The analysis says the average number of defendants in Kanawha County is 192 — the most on the list of top 15 jurisdictions. Allegheny, Pa., was next with 159, while New Castle, Del., had the least with 24.

Nationally, asbestos cases decreased by 11 percent in 2020, compared to the previous year. with 3,685 filings in 2020 compared to 4,137 in 2019.

"Prior to 2019, asbestos filings had declined by about 8 percent per year on average since 2016," the report states. "Then, 2019 stagnated with no significant change in total filings compared to 2018 before the 11 percent drop in 2020."

While the total number of mesothelioma cases decreased 14 percent, the percentage of total filings made up by mesothelioma claims only decreased 2 percent from 52 percent of 2019 filings to 50 percent of 2020 filings. In 2020, lung cancer claims made up 40.3 percent of the filings, compared to 33 percent in 2019.

"In reporting on 2020, the COVID-19 virus must be acknowledged, the report states. "The decrease in total filings between 2019 and 2020 might be partially attributable to the global pandemic, which shut down most of the country, including courts, at various times throughout the year. In an attempt to gauge what effect, if any, the pandemic has had on asbestos filings, the data was reviewed for a point-in-time comparison."

The analysis found that there was a more dramatic decrease from what was filed in March and April 2018 and 2019 than what was filed in March and April 2020.

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