WASHINGTON, D.C. — An analysis done by Washington, D.C.-based consulting firm KCIC found that asbestos filings were up by 2.4% in 2023 over the previous year.
KCIC has been gathering data annually for the last 10 years on asbestos-related litigation nationwide. In 2014, total filings were 5,345. In 2023, there were 3,787 total filings.
Asbestos litigation remains a complex legal landscape with significant trends emerging from KCIC's 2023 report, shedding light on the evolving dynamics.
By disease, the 2023 report found that there was a change of 0.8% in mesothelioma cases, 8.7% in lung cancer cases, 1.5% in other cancer cases, -6.2% in non-malignant cases and -26.5% in unknown disease cases. The total filing change was 2.1%.
In 2023, lung cancer filings witnessed a modest uptick of 8.7% compared to 2022, primarily observed in locations like St. Clair County, Ill., New York City, and St. Louis.
"Non-malignant filings have had a more dramatic decline since 2014, with a 74% decrease in filings (992 filings in 2014 vs. 256 filings in 2023)," the report states. "On average, non-malignant filings have decreased at a rate of 8% per file year, which equates to approximately 82 fewer filings per year, on average."
Over the last decade, mesothelioma filings experienced an 18% decrease, while lung cancer filings displayed volatility year over year. Despite fluctuations, lung cancer filings in 2023 were only 1% less than in 2014. Non-malignant filings witnessed a dramatic decline of 74% since 2014.
The number of jurisdictions hosting asbestos-related personal injury lawsuits reduced by 22% from 2014 to 2023. While filings in Madison County, Ill, decreased, neighboring jurisdictions and places like St. Louis saw an increase.
West Virginia did not see an increase, or a decrease, over the last two years. In 2022, there were 72 filings and in 2023 there were, again, 72 filings.
In 2023, 134 plaintiff firms filed asbestos-related personal injury lawsuits, marking a decrease from 2014.
Firms like The Gori Law Firm and Belluck & Fox experienced notable increases, while others like Mazur & Kittel and Napoli Shkolnik saw decreases.
"The Gori Law firm had the largest nominal increase in filings between 2022 and 2023, from 685 to 757 lawsuits," the report states. "This firm files most of its lawsuits in St. Clair and Madison Counties in Illinois, as well as in St. Louis, Missouri. It increased its filings in all three locations in 2023."
More than 12,000 unique defendant entities were named in complaints in 2023, showcasing a slight increase from the previous year. The average number of defendants per complaint varied by disease, with mesothelioma cases remaining relatively stable over the decade.
The average number of defendants in 2023 filings was 66 in mesothelioma litigation, 81 in lung cancer litigation, 75 in other cancer litigation, 97 in non-malignant litigation and 47 in unknown disease litigation.
The majority of plaintiffs were male, albeit showing a slight decrease over recent years. Plaintiffs predominantly alleged occupational exposure to asbestos, with a negligible percentage alleging only non-occupational exposure. The average age of plaintiffs filing for mesothelioma and lung cancer increased in 2023, with the plaintiff population generally aging over the decade.
There is also a growing trend of plaintiffs alleging exposure to asbestos through talc, alongside traditional asbestos exposures, notably affecting mesothelioma claims.
Overall, asbestos filings in 2023 increased slightly, maintaining the dominance of mesothelioma and lung cancer cases.
KCIC declined to comment on the report any further.