Benign mesothelioma often
occurs much sooner
after asbestos exposure than malignant mesothelioma and can be a warning sign that you and your doctor need
to be on the lookout for the cancer.
Though the public policy behind statutes of repose is based on the policy judgment that a potential defendant should have no reasonable expectation of responsibility for injuries that
occur after the passage of a number of years, the Court held that such a policy rationale does not apply
to asbestos cases because: (1) the potential dangers associated with
asbestos exposure were well known by 1971; and (2) the typical latency period from
asbestos exposure to disease is much longer than the six - year window for filing personal injury claims under the statute of repose.