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 (724) 281-1920 rather than assuming the date has passed

Greensburg is the Westmoreland County seat, and the work around it was not one big mill but a corridor of plants that made equipment for other industries. In South Greensburg, Walworth made steel valves on a 31-acre site for most of the century and employed up to 1,500 before it closed in 1980. In Jeannette, Elliott built steam turbines and compressors, and the glass works ran their furnaces day and night. Robertshaw made controls in Youngwood and later New Stanton. A lawsuit starts with which of those plants someone worked at, because each bought its materials 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 Greensburg, a history at the Walworth valve works, Elliott in Jeannette, or the Robertshaw plants 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. Greensburg is the Westmoreland County seat, so the county courthouse is in town. Venue follows the defendants rather than the family’s address, though, and both the Pittsburgh courts and Philadelphia’s dedicated asbestos program are often available. Every case is different, and past results do not guarantee a similar outcome.

The defendants are the makers of the asbestos-containing products those plants used and built in: valve packing and gaskets, turbine and boiler insulation, furnace linings. Not Walworth, Elliott or Robertshaw. The county courthouse is in town, but venue follows the defendants, and that is decided once the evidence is in hand.

Call (724) 281-1920

Mesothelioma Lawsuit Filing — fees and costs in Greensburg

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

My father machined valves at Walworth. Is that an asbestos history?

It often is. Industrial valves of that era were commonly fitted with asbestos-containing packing and gaskets, and the people who assembled, tested and repaired them handled those materials. The department and the years are where to start.

Walworth closed in 1980. Who is left to sue?

The case is against the makers of the asbestos-containing products used in the plant, not the plant itself, and many of those companies still exist or left bankruptcy trusts. The closing does not end the claim.

Who is actually sued in a Greensburg 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.