The chrysotile defense is the argument that a product contained only chrysotile (white asbestos), and that chrysotile does not cause mesothelioma, or does so only rarely or at very high exposures. It is a legal application of the amphibole hypothesis and is common in brake, gasket and joint compound cases.
Origin
The argument draws on studies from the 1970s onward suggesting that amphibole fibers such as crocidolite and amosite are more potent causes of mesothelioma than chrysotile, partly because chrysotile clears from the lungs faster. Product makers that used chrysotile, and the chrysotile mining industry, have promoted versions of this view for decades.
Significance in Asbestos Context
Most asbestos used in the United States was chrysotile, so this defense touches a great many cases, especially those involving automotive brakes and clutches, gaskets, joint compound and some floor tiles. Defendants argue that their chrysotile product could not have caused the plaintiff's mesothelioma, or that tremolite contamination or other amphibole exposure was the real cause. Mainstream scientific and regulatory bodies, including the International Agency for Research on Cancer, the World Health Organization and the U.S. EPA, classify all forms of asbestos, including chrysotile, as human carcinogens that can cause mesothelioma. Scientists still debate the relative potency of different fiber types, and that debate is what the defense draws on. In court, the question often becomes a battle of experts on general and specific causation, and courts have reached different results on how much weight the evidence deserves. Plaintiffs typically respond with epidemiology of chrysotile-exposed workers, case reports, tissue studies and regulatory findings.
Example Sentence
The brake manufacturer relied on the chrysotile defense, arguing that its brake linings contained only chrysotile that was too weak to cause mesothelioma.
Related Terms
Chrysotile, amphibole hypothesis, Tremolite-Not-Chrysotile Defense, Amphibole Asbestos, General Causation, Specific Causation, IARC Classification, Brake Lining
Notes
- Exposure to products said to contain only chrysotile can still support a mesothelioma claim; do not rule out a product because of its fiber type.
- Tell your lawyer about every type of work and product, including brakes, gaskets and drywall work done at home.
- Medical and scientific experts usually address fiber type; you do not need to know what kind of asbestos you were exposed to.
Category: Legal Strategy & Defense Tactics · All Lexicon terms A–Z
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