Asbestos Lung Cancer Claims: Can You Sue for Burn Pit Exposure?

The intersection of military service, toxic exposure, and debilitating illness is a complex and often heartbreaking reality for many veterans. If you’re a veteran suffering from lung cancer and have a history of both asbestos exposure and burn pit exposure during your service, you might be wondering: Can you sue for asbestos lung cancer caused by burn pit exposure?

While the legal landscape is still evolving, understanding the potential pathways for compensation is crucial.

Asbestos Exposure and Lung Cancer: A Known Link

The dangers of asbestos are well-documented. Asbestos, a naturally occurring mineral once widely used in construction and manufacturing, is a known carcinogen. When inhaled, asbestos fibers can become lodged in the lungs, leading to a range of serious health problems, including:

Lung Cancer: Asbestos exposure is a significant risk factor for lung cancer, particularly mesothelioma and adenocarcinoma.
Mesothelioma: A rare and aggressive cancer that affects the lining of the lungs, abdomen, or heart. It is almost exclusively linked to asbestos exposure.
Asbestosis: A chronic, progressive lung disease caused by scarring from inhaled asbestos fibers.

Legal Recourse for Asbestos Exposure:

For decades, individuals diagnosed with asbestos-related diseases have pursued legal claims against asbestos manufacturers and distributors. These lawsuits often result in settlements or jury verdicts that provide compensation for medical expenses, lost wages, and pain and suffering.

Burn Pit Exposure: An Emerging Threat

During military operations in Iraq, Afghanistan, and other locations, burn pits were commonly used to dispose of waste, including plastics, chemicals, and medical waste. The smoke and fumes released from these pits contained a cocktail of toxic substances, including:

Particulate matter
Dioxins and furans
Volatile organic compounds (VOCs)
Heavy metals

Health Risks Associated with Burn Pit Exposure:

Studies and anecdotal evidence suggest that burn pit exposure can lead to a variety of health problems, including respiratory illnesses, cardiovascular disease, and certain cancers. While the link between burn pit exposure and lung cancer is still being investigated, emerging research suggests a potential connection.

The Promise of the PACT Act:

In 2022, President Biden signed the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act into law. This landmark legislation expands healthcare benefits and disability compensation for veterans exposed to burn pits and other toxic substances during their military service. The PACT Act recognizes certain cancers, including lung cancer, as presumptively linked to burn pit exposure for veterans who served in specific locations and timeframes.

Can You Sue for Asbestos Lung Cancer Claims Related to Burn Pit Exposure?

This is where the situation becomes complex. If you have lung cancer and a history of both asbestos and burn pit exposure, determining the primary cause of your illness can be challenging.

Here’s a breakdown of the potential legal avenues:

Asbestos Claims: You may be able to file a lawsuit against asbestos manufacturers and distributors if you can demonstrate that your asbestos exposure contributed to your lung cancer.
Burn Pit Claims Under the PACT Act: The PACT Act provides a pathway for veterans with lung cancer who meet specific service requirements to receive disability compensation and healthcare benefits.
Combining Claims: It may be possible to pursue both an asbestos claim and a claim under the PACT Act. However, the specific rules and regulations governing these types of claims can be complex, and it’s essential to seek legal guidance.

Challenges and Considerations:

Establishing Causation: Proving that your lung cancer was caused by either asbestos or burn pit exposure can be challenging. Medical experts and legal professionals will need to carefully review your medical history, exposure history, and other relevant factors to determine the most likely cause of your illness.
Statute of Limitations: There are time limits for filing lawsuits related to asbestos exposure and other toxic exposures. It’s crucial to act quickly to protect your legal rights.
The Role of the PACT Act: While the PACT Act provides significant benefits for veterans exposed to burn pits, it does not eliminate the need for legal action in all cases. Depending on your individual circumstances, pursuing a lawsuit against responsible parties may still be necessary to obtain full and fair compensation for your losses.

What Should You Do?

If you are a veteran who has been diagnosed with lung cancer and have a history of asbestos exposure and/or burn pit exposure, it is imperative to take the following steps:

Seek Medical Attention: Consult with a qualified medical professional to receive a proper diagnosis and treatment plan.
Gather Your Records: Collect all relevant medical records, service records, and exposure records.
Consult with an Experienced Attorney: Contact a law firm with experience in asbestos litigation and burn pit claims. An attorney can evaluate your case, explain your legal options, and help you pursue the compensation you deserve.

Navigating the complexities of asbestos lung cancer claims and burn pit exposure requires a thorough understanding of the law, medicine, and military service. Don’t hesitate to seek professional guidance to protect your rights and secure your future.