Mesothelioma is a relatively rare but essentially universally fatal cancer which is usually associated with a history of asbestos exposure. This cancer arises in the pleura which is the lining of the chest wall or the peritoneum which is the lining of the abdomen. The Act refers that the time between the first documented exposure to asbestos and manifestation of the mesothelioma, or the latency period, must be at least ten years. This latency period is, in fact, reasonably generous for the claimants as epidemiological studies indicate that the minimum latency period for the various asbestos-related conditions is generally 15 to 20 years and that the average latency period for these conditions is even longer. For example, the average latency period for mesothelioma is consistently between thirty-five and forty years.
Lung cancer has several known causes, the most common of which is cigarette smoking.
The purpose of the lung cancer criteria are to be sure that a potential claimant's lung cancer is in fact related to the asbestos exposure, rather than to smoking or some other factor. The majority of these studies indicate that pleural abnormalities by themselves are not associated with an increase in lung cancer. Including these pleural-space criteria in the Act serves to broaden the criteria and increase the number of qualified claimants. Asbestos, Asbestos, and Lung Cancer. Nevertheless, there is a contrary opinion among the minority of the medical community.