{"id":33293,"date":"2026-02-10T16:12:49","date_gmt":"2026-02-10T16:12:49","guid":{"rendered":"https:\/\/www.trccompanies.com\/?post_type=news-and-insights&p=33293"},"modified":"2026-02-10T16:12:52","modified_gmt":"2026-02-10T16:12:52","slug":"what-asbestos-litigation-trends-teach-us-about-broader-toxic-torts","status":"publish","type":"news-and-insights","link":"https:\/\/www.trccompanies.com\/fr\/insights\/what-asbestos-litigation-trends-teach-us-about-broader-toxic-torts\/","title":{"rendered":"What\u00a0Asbestos Litigation Trends\u00a0Teach Us About Broader Toxic Torts"},"content":{"rendered":"\n\n
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Asbestos\u00a0litigation is\u00a0the longest-running mass tort in U.S. history, with\u00a0claims\u00a0dating back to the 1960s and 1970s, primarily involving asbestosis at that time.\u00a0While\u00a0advancements in the fields of\u00a0epidemiology, toxicology\u00a0and genetics\u00a0have\u00a0changed the landscape\u00a0over time,\u00a0asbestos-related\u00a0matters\u00a0persist as\u00a0a\u00a0large\u00a0portion\u00a0of\u00a0all\u00a0toxic tort litigation.\u00a0<\/p>\n

At the\u00a02025 DRI Asbestos Medicine Conference<\/a>,\u00a0\u00a0presenters\u00a0reported that\u00a0nearly\u00a0$3 billion\u00a0in toxic tort awards (excluding settlements) have been issued since 2021. After a temporary decline during COVID, asbestos filings have returned to pre-pandemic levels. Although the incidence of asbestos-related disease should be declining each year\u2014given historic usage patterns in the U.S., particularly for amphibole asbestos\u2014nearly half\u00a0of this five-year total was awarded in 2025 alone. In that year,\u00a0$1.4 billion\u00a0in verdicts were issued across only 20 trials (representing\u00a0less than 0.5% of total filings resulting in verdicts)\u00a0and\u00a0plaintiffs prevailed in 75% of those cases, a five-year high.\u00a0<\/p>\n

Many epidemiologists\u00a0now estimate\u00a0that\u00a0the majority of\u00a0mesothelioma\u00a0cases\u00a0are not\u00a0asbestos-induced,\u00a0but rather a result of genetic susceptibility,\u00a0aging\u00a0and the spontaneous development of the disease (independent\u00a0of\u00a0environmental factors).\u00a0Fewer\u00a0asbestos-related cases are expected,\u00a0and by 2040 some\u00a0estimate\u00a0they will\u00a0almost entirely\u00a0cease to exist.\u00a0<\/p>\n

Why Asbestos Trends Matter<\/h2>\n

Although\u00a0the\u00a0exact\u00a0annual size of toxic tort payouts in the U.S.\u00a0is unknown, asbestos is estimated to\u00a0represent\u00a0roughly a\u00a0quarter of today\u2019s chemical toxic tort\u00a0litigation.\u00a0In 2025,\u00a0the\u00a0average asbestos complaint named\u00a072 defendants (2025 DRI Asbestos Medicine Conference).\u00a0<\/p>\n

Asbestos litigation trends offer\u00a0valuable\u00a0insight into the current climate of toxic torts more broadly, including prevailing juror attitudes, jurisdictional patterns, the increasing risk of large verdicts\u00a0and the types of arguments that resonate in the courtroom. These trends can inform how companies assess risk and prepare for future litigation across a wide range of substances.\u00a0\u00a0<\/p>\n

Several clients have noted that evolving public\u00a0perceptions\u00a0of large corporations have influenced traditional assumptions about juror profiles. At the same time, some plaintiff firms are investing heavily in advertising, which may contribute to heightened public awareness and, in some instances, oversimplified or incomplete messaging around risk.\u00a0<\/p>\n

In parallel, a changing regulatory environment and inconsistent interpretations of scientific research can make it more difficult for jurors to evaluate complex exposure and causation issues. Together, these factors can complicate efforts to present balanced, science-based perspectives at trial.\u00a0<\/p>\n

Understanding A Key Driver for Asbestos Related Disease<\/h2>\n

There is consensus\u00a0in\u00a0the scientific community that inflammation\u00a0plays\u00a0a central role\u00a0in\u00a0asbestos-related\u00a0carcinogenesis.\u00a0Research\u00a0indicates\u00a0that aggravated phagocytosis and cell death contribute to increased cancer risk. Supporting evidence includes in vitro studies showing that cells exposed to asbestos fibers do not themselves transform into mesothelioma, as well as animal studies\u00a0demonstrating\u00a0that modulation of inflammatory pathways\u2014such as those involving the HMGB1 protein\u2014can\u00a0drastically\u00a0reduce mesothelioma rates.\u00a0<\/p>\n

At the 2025 DRI conference,\u00a0Dr. Dennis Paustenbach, CIH, DABT<\/a>\u00a0and Michael Stevens presented on\u00a0biologically safe doses\u00a0for\u00a0different types\u00a0of asbestos\u2014i.e., exposure levels not\u00a0reasonably considered\u00a0causal for disease. Scientific evidence continues to\u00a0accumulate,\u00a0showing that asbestos, like every known carcinogen,\u00a0has\u00a0threshold doses below which adverse health effects do not occur. Multiple scientific approaches are now converging on similar threshold values.\u00a0\u00a0<\/p>\n

Preparing for and Preventing Litigation\u00a0<\/h2>\n

The asbestos litigation trends\u00a0and latest\u00a0evidence\u00a0give insight\u00a0into\u00a0how\u00a0companies must be prepared\u00a0to address\u00a0allegations that may not always be grounded in current scientific consensus. This reality underscores the importance of long-term, science-based litigation strategies.\u00a0<\/p>\n

Recent verdicts, many of which include\u00a0substantial punitive\u00a0damages, highlight\u00a0the\u00a0importance of\u00a0providing juries with\u00a0historical and\u00a0contemporaneous\u00a0knowledge\u00a0about\u00a0chemical toxicity\u00a0and clearly\u00a0explaining context\u00a0around industry standards, employer responsibilities and evolving scientific understanding. Without this framing, jurors may unintentionally misinterpret both the science and the role of individual defendants.\u00a0<\/p>\n

Jurors\u00a0rely on information they can understand and trust. For that reason, close collaboration between experts and counsel is essential to ensure clear messaging and to address potential misconceptions. At TRC, we view our role as strategic partners in litigation, combining technical\u00a0expertise\u00a0with effective communication.\u00a0<\/p>\n

Beyond individual cases, TRC works with clients to proactively analyze and publish exposure data and risk assessments. These peer-reviewed publications can help deter filings, support dispositive motions, and provide judges and juries with reliable, accessible scientific information.\u00a0<\/p>\n <\/div>\n

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