Mesothelioma in New Jersey

Mesothelioma in New Jersey
Total Deaths (1999–2020)	2,129
National Rank	9th
Death Rate	11 per million
Median Age at Dx	72
Top County	Gloucester County (2.3/100K)
Key Exposure Sites	Exxon Bayway, BASF, Federal Shipbuilding
SOL (Personal Injury)	2 years from diagnosis
SOL (Wrongful Death)	2 years from death
Key Trusts	Manville (5.1%), W.R. Grace (30.1%)
Largest Verdict	$117 million
Trust Disclosure Law	None
Top Filing Venue	Middlesex County (77 filings, 2024)

Executive Summary

New Jersey ranks ninth nationally for mesothelioma mortality, with 2,129 deaths recorded between 1999 and 2020 and an age-adjusted death rate of 11 deaths per million residents. The state's legacy of oil refining, chemical manufacturing, and wartime shipbuilding drives a concentrated caseload, and Middlesex County remains one of the top ten mesothelioma filing venues in the United States, with 77 new filings in 2024. Gloucester County leads the state in incidence, with 2.3 new cases per 100,000 residents from 2015 through 2019.

New Jersey law imposes a two-year statute of limitations on both personal injury and wrongful death asbestos claims under N.J. Stat. § 2A:14-2 and N.J. Stat. § 2A:31-3, with a discovery rule that starts the clock at diagnosis. The state has no trust fund disclosure requirement, allowing plaintiffs to pursue tort claims and asbestos trust fund claims in parallel. New Jersey juries have returned verdicts as high as $117 million in mesothelioma cases, and the national average mesothelioma trial verdict is $20.7 million.

At a Glance

• 2,129 mesothelioma deaths (1999–2020) — New Jersey ranks ninth nationally for mesothelioma mortality, with an age-adjusted rate of 11 per million.
• Gloucester County hotspot — Leads the state at 2.3 new cases per 100,000 residents (2015–2019), driven by oil refining and chemical manufacturing.
• Middlesex County top-10 filing venue — 77 new mesothelioma filings in 2024, one of the busiest dockets in the nation.
• Two-year statute of limitations — Personal injury claims run from diagnosis (N.J. Stat. § 2A:14-2); wrongful death claims run from date of death (N.J. Stat. § 2A:31-3).
• No trust disclosure law — New Jersey does not require plaintiffs to disclose trust fund filings before trial, allowing parallel pursuit of tort and trust claims.
• $117 million top verdict — Awarded in Johnson & Johnson talcum powder mesothelioma litigation; a separate $30.3 million verdict compensated a take-home exposure plaintiff.
• Take-home exposure liability expanded — The New Jersey Supreme Court extended manufacturer liability beyond spouses to all household members and regular contacts of asbestos workers.
• Key trusts for NJ workers — Manville Trust (5.1% payment rate), W.R. Grace Trust (30.1%), Pittsburgh Corning Trust (19%), and Owens Corning (4.7%) serve refinery, chemical, and shipyard workers.

Key Facts: Mesothelioma in New Jersey

Metric	Figure
Total mesothelioma deaths (1999–2020)	2,129
National mortality ranking	9th
Age-adjusted death rate	11 per million residents
Median age at diagnosis	72
Highest-incidence county	Gloucester County — 2.3 per 100,000
Middlesex County filings (2024)	77
Statute of limitations (personal injury)	2 years from diagnosis
Statute of limitations (wrongful death)	2 years from date of death
Trust disclosure requirement	None
Joint & several liability threshold	60% fault
Manville Trust payment rate	5.1% (~$17,850 extraordinary claim)
W.R. Grace Trust payment rate	30.1% (~$54,180 extraordinary claim)
Top NJ verdict	$117 million (J&J talc litigation)
National avg. mesothelioma trial verdict	$20.7 million
National avg. mesothelioma settlement	$1 million – $1.4 million

State Overview

New Jersey recorded 2,129 mesothelioma deaths between 1999 and 2020, an age-adjusted rate of 11 per million residents, placing the state ninth nationally. The median age at diagnosis is 72. Gloucester County is the state's leading hotspot, with 2.3 new cases per 100,000 residents and 1.7 deaths per 100,000 residents from 2015 through 2019, reflecting its concentration of oil refining and chemical manufacturing. Primary exposure industries statewide include petroleum refining, chemical manufacturing, and shipbuilding along the Kearny and Jersey City waterfront. New Jersey also contains more than 35 documented natural asbestos occurrences in the Appalachian ridge running through the northwest of the state.

How long do I have to file a mesothelioma lawsuit in New Jersey?

Mesothelioma patients have two years from the date of diagnosis to file a personal injury lawsuit in New Jersey, and surviving family members have two years from the date of death to file a wrongful death claim. The filing deadlines are fixed by New Jersey's statutes of limitations, codified at N.J. Stat. § 2A:14-2 for personal injury and N.J. Stat. § 2A:31-3 for wrongful death. New Jersey applies the discovery rule, so the two-year clock begins when the plaintiff knew or reasonably should have known of the mesothelioma diagnosis, not when the asbestos exposure occurred decades earlier.

What is the statute of limitations for mesothelioma in New Jersey?

New Jersey's statute of limitations for mesothelioma is two years. For personal injury claims brought by a living patient, the two-year clock runs from the date of diagnosis under N.J. Stat. § 2A:14-2. For wrongful death claims brought by surviving family members, the two-year period runs from the date of death under N.J. Stat. § 2A:31-3. New Jersey courts apply the discovery rule for asbestos cases, and the Pennsylvania Superior Court's decision in Staiano v. Johns-Manville Corp. has been cited in New Jersey asbestos litigation as persuasive authority on discovery and repose issues. The New Jersey Legislature has separately enacted N.J.S.A. 2A:14-1.1, which exempts asbestos claims from the 10-year construction statute of repose, meaning long-latency mesothelioma plaintiffs are not barred by repose even when the exposure occurred many decades before diagnosis.

Filing Venue and Tort Reform

Middlesex County hosts one of the most active mesothelioma dockets in the country, with 77 new filings in 2024, down from 84 in 2023. New Jersey applies joint and several liability to any defendant found 60 percent or more at fault, meaning a single manufacturer can be held responsible for the entire verdict once its share of fault crosses that threshold. The New Jersey Supreme Court has expanded manufacturer duty of care in two significant directions. Take-home exposure claims now extend beyond spouses to other household members and third parties in regular contact with asbestos-covered workers, and manufacturers can be held liable for asbestos-containing third-party replacement parts used on their original equipment.

Can family members file mesothelioma lawsuits for take-home asbestos exposure in New Jersey?

Yes. Family members who developed mesothelioma after being exposed to asbestos fibers carried home on a worker's clothing, hair, or tools can file lawsuits in New Jersey. The New Jersey Supreme Court has expanded take-home exposure liability beyond spouses to include children, grandchildren, and other household members, as well as third parties who came into regular contact with asbestos-covered workers. A $30.3 million take-home exposure verdict in New Jersey illustrates the scope of recovery available in these cases. Plaintiffs must prove the defendant manufacturer knew or should have known of the take-home hazard at the time the worker carried fibers into the home.

What refineries and chemical plants in New Jersey caused asbestos exposure?

New Jersey's oil refining, chemical manufacturing, and shipbuilding industries produced the state's heaviest documented asbestos exposures. The Exxon Bayway Refinery in Linden, one of the largest refineries on the East Coast, used asbestos pipe insulation and boiler lagging throughout its operations. BASF Corporation's Freehold and Whippany chemical plants used asbestos insulation on processing equipment. Hercules Powder Company's Gibbstown works manufactured explosives and chemicals with extensive asbestos insulation and is a named defendant in multiple New Jersey mesothelioma cases. Federal Shipbuilding & Dry Dock in Kearny and United Drydock in Jersey City exposed thousands of WWII shipyard workers to asbestos. Refinery workers face especially elevated risks, and workers at these facilities should consult asbestos exposure legal resources to understand their options.

Notable Verdicts and Settlements

New Jersey juries have returned several of the nation's largest mesothelioma verdicts. A $117 million verdict compensated a peritoneal mesothelioma plaintiff in Johnson & Johnson talcum powder litigation. A separate $30.3 million verdict compensated a take-home asbestos exposure plaintiff whose disease was traced to household contact with a worker's contaminated clothing. In a third matter, a New Jersey jury imposed $750 million in punitive damages against Johnson & Johnson in talc-related mesothelioma litigation, an award subject to constitutional review on appeal. Nationally, Mealey's Litigation Report: Asbestos 2024 reports an average mesothelioma settlement of $1 million to $1.4 million and an average trial verdict of $20.7 million. Past verdicts do not guarantee future results.

Trust Fund Interaction and Disclosure Laws

New Jersey has no trust fund transparency or pre-disclosure statute, and New Jersey courts do not require mesothelioma plaintiffs to file or disclose asbestos trust fund claims before proceeding to trial. Plaintiffs can pursue tort claims and trust claims in parallel, and mesothelioma trust fund attorneys can help navigate both processes simultaneously. Trusts most relevant to New Jersey refining, chemical, and shipbuilding workers include the Manville_Personal_Injury_Settlement_Trust (5.1 percent payment rate), the W.R. Grace Trust (30.1 percent), the Pittsburgh Corning Trust (19 percent), the Owens Corning Sub-Account (4.7 percent), the Armstrong World Industries Trust (10.8 percent), the Babcock & Wilcox Trust (4.7 percent), and the Celotex Trust (7 percent). An extraordinary mesothelioma claim through the Manville Trust pays approximately $17,850, while the W.R. Grace Trust pays approximately $54,180 at its extraordinary claim rate.

Local Resources

New Jersey veterans diagnosed with mesothelioma receive care through the VA New Jersey Health Care System, with primary facilities at the East Orange VA Medical Center and the Lyons VA Medical Center in Basking Ridge. Navy veterans who served aboard Kearny-built vessels or at the Earle Naval Weapons Station are eligible for VA disability compensation and dependency and indemnity compensation. New Jersey's Division of Workers' Compensation handles occupational asbestos claims, with benefits covering medical treatment and lost wages. The two-year civil statute of limitations for a third-party product liability claim runs independently of any workers' compensation filing, so claimants should pursue both workers' compensation and civil tort claims in parallel to preserve all avenues of recovery.