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Indiana Mesothelioma Verdicts and Settlements

Indiana mesothelioma litigation, case law on the statute of repose, and how steel mill and auto plant exposure histories shape outcomes.

Indiana Mesothelioma Verdicts and Settlements
Key Facts
Indiana’s two-year statute of limitations for mesothelioma personal injury claims runs from diagnosis under Ind. Code § 34-11-2-4; wrongful death claims carry a separate two-year period running from the date of death under § 34-23-1-1.
Indiana’s 10-year product liability statute of repose does not bar asbestos claims. In Myers v. Crouse-Hinds (2016), the Indiana Supreme Court struck the entire asbestos-specific provision of § 34-20-3-2 as unconstitutional, reviving Covalt v. Carey Canada (1989).
In September 2025, a Massachusetts jury returned an $83 million verdict against American Art Clay Company (AMACO), an Indianapolis-based manufacturer. Post-trial motions are pending and AMACO has stated its intent to appeal; the verdict is not yet final.
Most Indiana mesothelioma cases resolve through a combination of lawsuit settlements and asbestos bankruptcy trust fund claims drawn from the many manufacturers that supplied steel mills, auto plants, and power facilities throughout the state.

CDC WONDER data show 1,120 mesothelioma deaths in Indiana between 1999 and 2017, a toll driven by an industrial economy built around steel production, auto manufacturing, and coal-fired power generation. That profile shapes how litigation works here. Workers at the Gary steel corridor or Indianapolis-area auto plants were exposed to asbestos products from dozens of different manufacturers over careers that could span thirty years. Multi-product, multi-defendant exposure means cases regularly draw from both active lawsuits and asbestos trust funds simultaneously.

2 yrs
PI statute of limitations (§ 34-11-2-4)
2 yrs
Wrongful death SOL (§ 34-23-1-1)
1,120
Mesothelioma deaths in Indiana (1999-2017, CDC WONDER)
No repose
Asbestos claims exempt per Myers v. Crouse-Hinds (2016)

Major Indiana Mesothelioma Verdicts

Notable Indiana-Connected Mesothelioma Verdicts
AmountCaseYearDocketStatus
$83 million Lapointe v. American Art Clay Co. (AMACO), Massachusetts verdict against Indianapolis-based defendant 2025 2181CV06597 (Middlesex County Superior Court, MA) Post-trial motions pending; AMACO has stated intent to appeal. Verdict not yet final.

Lapointe v. American Art Clay Company (AMACO), $83 Million (2025)

On September 18 and 19, 2025, a jury in Middlesex County Superior Court in Massachusetts returned an $83 million verdict against American Art Clay Company, headquartered in Indianapolis, Indiana. The case was brought by Michael A. Lapointe on behalf of the estate of his wife, Judith A. Lapointe, who died in 2021 after a mesothelioma diagnosis. Judith Lapointe’s exposure involved asbestos-contaminated pottery clay used by her mother in Massachusetts from the 1950s through the 1990s.

The jury awarded $10 million for pain and suffering, $13 million for loss of consortium, and $60 million in punitive damages, finding that AMACO’s conduct was malicious, willful, wanton, or reckless.

AMACO stated it would file post-trial motions and, if necessary, pursue an appeal. As of the publication of this page, the verdict is entered but not yet final.

One important distinction: this is a Massachusetts verdict tried in a Massachusetts court involving a Massachusetts plaintiff’s exposure. AMACO’s Indianapolis headquarters does not make it an Indiana case. No Indiana state-court mesothelioma verdict against AMACO has been located in primary sources. The Lapointe verdict is included here because of AMACO’s Indiana identity and the significance of the verdict to understanding the company’s litigation posture.

Important Context

The Lapointe verdict is subject to post-trial motions and a potential appeal. The $83 million figure reflects the jury’s award as entered; it may be reduced, modified, or reversed through post-trial proceedings. No appellate ruling had been issued as of June 2026. Prior results do not guarantee a similar outcome in any other case.

Indiana’s Asbestos Case Law: Three Decisions That Define Exposure

Indiana has one of the more nuanced statutory frameworks for mesothelioma claims in the Midwest, shaped by three decisions from the Indiana Supreme Court.

Covalt v. Carey Canada, Inc. (1989)

In Covalt v. Carey Canada, Inc., 543 N.E.2d 382 (Ind. 1989), the Indiana Supreme Court held that the 10-year product liability statute of repose was inapplicable to protracted-exposure cases involving an inherently dangerous foreign substance such as asbestos. Because asbestos disease latency can span decades, applying a 10-year repose would bar claims before plaintiffs could reasonably have discovered their injury. Covalt established that the repose did not bar protracted-exposure asbestos claims under the facts before the court, though subsequent decisions complicated this framework.

AlliedSignal, Inc. v. Ott (2003)

AlliedSignal, Inc. v. Ott, 785 N.E.2d 1068 (Ind. 2003) (docket 02S04-0111-CV-599), narrowed Covalt’s reach. The court held that the asbestos-specific carve-out in Ind. Code § 34-20-3-2(d) exempted from the 10-year repose only defendants who both mined and sold raw commercial asbestos, not manufacturers of asbestos-containing products generally. After AlliedSignal, most asbestos product manufacturers remained subject to the 10-year repose under § 34-20-3-1. That interpretation was later overturned entirely.

Myers v. Crouse-Hinds Division of Cooper Industries, Inc. (2016)

Myers v. Crouse-Hinds Division of Cooper Industries, Inc., 53 N.E.3d 1160 (Ind. 2016) (docket 49S00-1502-MI-119), reversed AlliedSignal’s framework in a 3-2 decision. The Indiana Supreme Court held that Ind. Code § 34-20-3-2 violated Article 1, Section 23 of the Indiana Constitution (the Equal Privileges and Immunities Clause). Because § 34-20-3-2 contained a non-severability clause in subsection (e), the court voided the entire section. That ruling revived Covalt: as of March 2, 2016, Indiana’s product liability repose does not bar asbestos or mesothelioma claims for any defendant category. The governing limitation is the two-year discovery-rule SOL under § 34-11-2-4.

Why Indiana’s Industrial Profile Shapes Case Outcomes

Indiana’s exposure landscape concentrates in three industries, each with its own litigation profile. The Gary steel corridor produced some of the most complex cases in the region: a steelworker who spent twenty to thirty years at a large integrated mill met asbestos in pipe insulation, gaskets, refractory brick, fireproofing compounds, and brake components, each from a different manufacturer, so cases there routinely name ten or more defendants, many now reduced to bankruptcy trust funds, and combined trust plus settlement recoveries can exceed what any single defendant would owe. Auto workers, especially those in brake and clutch service, had close, repeated contact with asbestos friction materials, which puts a premium on strong employment records and product identification, since many of the responsible brake and gasket makers now exist only as trusts. And at Indiana’s coal-fired power plants, boilermakers, pipefitters, and insulators faced concentrated exposure to asbestos pipe and boiler insulation, cases usually well-supported by job records, union membership rolls, and plant-specific product inventories.

Indiana’s Two-Year Deadline

Indiana’s two-year statute of limitations applies to both personal injury and wrongful death mesothelioma claims, but the two run differently. For personal injury under Ind. Code § 34-11-2-4, the clock starts at diagnosis, or more precisely when the plaintiff knew or reasonably could have discovered the injury and its cause, Indiana’s discovery rule as applied to mesothelioma. For wrongful death under Ind. Code § 34-23-1-1, the two years run from the date of death rather than diagnosis, and Indiana courts have applied that deadline strictly. What no longer applies is the repose bar: after Myers v. Crouse-Hinds (2016), defendants cannot invoke Indiana’s 10-year product liability repose to cut off asbestos claims, leaving the two-year SOL as the only deadline that governs.

Because tracing industrial asbestos exposure requires gathering decades-old employment records, product purchase histories, and union documentation, investigation should begin as early as possible after diagnosis. The two-year window can close faster than it appears.

Settlements and Multi-Trust Recoveries

Most Indiana mesothelioma cases never reach a jury verdict. Defendants prefer to settle rather than risk jury exposure, and asbestos bankruptcy trust funds exist precisely because many manufacturers could not pay mass-tort judgments. A claimant with a strong exposure history in the Gary steel or Indianapolis auto industries may qualify for claims against multiple trusts simultaneously, in addition to settlement negotiations with any defendants still in the tort system.

The total recovery in a given case depends on the quality of exposure evidence, the number of identifiable manufacturers, the plaintiff’s medical history, and how quickly claims are filed and pursued. Trust fund claims typically process within three to twelve months; lawsuit settlements often resolve within twelve to eighteen months.

References

Justia / Indiana General Assembly. Indiana Code § 34-11-2-4 (Personal Injury Statute of Limitations).
https://law.justia.com/codes/indiana/title-34/article-11/chapter-2/section-34-11-2-4/

Justia / Indiana General Assembly. Indiana Code § 34-23-1-1 (Wrongful Death Statute).
https://law.justia.com/codes/indiana/title-34/article-23/chapter-1/section-34-23-1-1/

Justia / Indiana Supreme Court. Myers v. Crouse-Hinds Division of Cooper Industries, Inc., 53 N.E.3d 1160 (Ind. 2016).
https://law.justia.com/cases/indiana/supreme-court/2016/49s00-1502-mi-119.html

Justia / Indiana Supreme Court. AlliedSignal, Inc. v. Ott, 785 N.E.2d 1068 (Ind. 2003).
https://law.justia.com/cases/indiana/supreme-court/2003/03250301-fsj.html

Justia / Indiana Supreme Court. Covalt v. Carey Canada, Inc., 543 N.E.2d 382 (Ind. 1989).
https://law.justia.com/cases/indiana/supreme-court/1989/s00-8811-cq-922-2.html

Insurance Journal. Jury Returns $83 Million Verdict Against Indianapolis Clay Manufacturer AMACO.
https://www.insurancejournal.com/news/east/2025/09/22/840091.htm

Indiana Lawyer. Boston Jury Returns $83 Million Asbestos Verdict Against Indianapolis Clay Manufacturer.
https://www.theindianalawyer.com/articles/boston-jury-returns-83-million-asbestos-verdict-against-indianapolis-clay-manufacturer

Centers for Disease Control and Prevention. CDC WONDER Mortality Database.
https://wonder.cdc.gov/

Reader Q&A

Frequently Asked Questions

What is the statute of limitations for mesothelioma claims in Indiana?

Indiana gives people with mesothelioma two years from diagnosis to file a personal injury claim under Ind. Code § 34-11-2-4. The clock runs from the date the plaintiff knew or reasonably could have discovered the injury and its cause, for mesothelioma, that is typically the diagnosis date. Wrongful death claims have a separate two-year period that runs from the date of the decedent’s death under § 34-23-1-1. Indiana courts have applied both deadlines strictly.

Does Indiana's 10-year product liability statute of repose bar asbestos claims?

No. The Indiana Supreme Court held in Myers v. Crouse-Hinds, 53 N.E.3d 1160 (Ind. 2016), that the asbestos-specific provision of § 34-20-3-2 violated the Indiana Constitution’s Equal Privileges and Immunities Clause. Because the section contained a non-severability clause, the entire section was voided. That ruling revived Covalt v. Carey Canada (1989), which held the repose inapplicable to protracted asbestos-exposure claims. The only deadline that governs Indiana mesothelioma cases is the two-year discovery-rule SOL under § 34-11-2-4.

What did AlliedSignal v. Ott decide, and does it still matter?

AlliedSignal, Inc. v. Ott, 785 N.E.2d 1068 (Ind. 2003), held that the statutory carve-out from Indiana’s 10-year product liability repose applied only to defendants who mined and sold raw commercial asbestos, not to manufacturers of asbestos-containing products. That interpretation left most asbestos product manufacturers subject to the repose between 2003 and 2016. Myers v. Crouse-Hinds (2016) effectively superseded AlliedSignal by striking the entire asbestos-specific provision as unconstitutional. AlliedSignal is no longer controlling on the repose question.

What is the $83 million AMACO verdict and is it final?

In September 2025, a Massachusetts jury awarded $83 million against American Art Clay Company (AMACO), an Indianapolis-based pottery clay manufacturer, in a mesothelioma case involving exposure to asbestos-contaminated clay used by the plaintiff’s mother in Massachusetts. The damages included $10 million for pain and suffering, $13 million for loss of consortium, and $60 million in punitive damages. AMACO stated it would file post-trial motions and, if necessary, appeal. As of June 2026, the verdict is entered but not final. This is a Massachusetts verdict, not an Indiana one.

Can I still file if the steel mill or auto plant where I was exposed is closed?

Yes. Mesothelioma claims target the manufacturers of asbestos-containing products, not the employer or facility. Many of those manufacturers filed for bankruptcy and established trust funds that continue to pay claims regardless of whether the manufacturer still operates or the facility still exists. A closed plant does not close the door on recovery.

Do mesothelioma cases in Indiana typically go to trial?

Most do not. The majority resolve through settlement with active defendants and claims against asbestos bankruptcy trust funds. Defendants have strong financial incentives to settle before trial, and many manufacturers that supplied Indiana’s steel, auto, and power industries exist now only as trust funds. When a case does go to trial, courts in Indiana typically grant expedited scheduling given mesothelioma’s prognosis.

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