How An 80-Year-Old Study Is Used Against Mesothelioma Patients

If you're a U.S. veteran or family member pursuing a mesothelioma lawsuit, asbestos companies may lean on a study from 1946 to challenge your case

That year, a paper published in the Journal of Industrial Hygiene and Toxicology claimed that covering pipes with asbestos insulation was not dangerous for U.S. Navy personnel or shipyard workers.

It’s now proven that military and civilian pipefitters could develop mesothelioma or other serious cancers from handling asbestos pipe coverings earlier in life.

Yet nearly 80 years later, defense attorneys for asbestos manufacturers still cite the discredited study in mesothelioma lawsuits. It has surfaced in filings connected to cases that reached the U.S. Supreme Court as recently as 2018.

Learn more about why this study is still causing problems for veterans with mesothelioma and get a free case review for help navigating an asbestos claim.

What Was Wrong With the 1946 Study

In 2026, Richard J. Kelly, a retired occupational health specialist, published a formal critique in the journal New Solutions calling for the asbestos study to be retracted.

His review points to several serious problems with how the original research was conducted.

According to Kelly's critique, the study:

Didn’t follow the long-term effects of asbestos: Most of the shipyard workers or Navy service members in the study had only been on the job a few years. This wasn’t long enough to know the true impact since mesothelioma often takes 10 to 50 years to appear after exposure.
Used a poor sampling method: Kelly found that the approach the authors used to select a sample of shipyard workers was different from more rigorous studies in the field.
Ignored asbestos fibers: Researchers are supposed to count the asbestos fibers in a sample under a microscope. Kelly found that the study authors classified up to 99% of the material they examined as non-fibrous, meaning they largely stopped counting the very thing that causes mesothelioma.

Put together, these issues made it far easier for the study authors to conclude the work was safe.

However, decades of research have concluded that even short-term exposure to asbestos-containing materials can lead to mesothelioma and other asbestos diseases later in life.

Why a Flawed Study Still Matters for Mesothelioma Lawsuits

Roughly 1,000 U.S. veterans develop mesothelioma each year because of a military requirement to use asbestos in bases and ships from the 1930s to the early 1980s. The military didn’t know the risks because asbestos companies hid the truth for decades.

U.S. veterans can pursue legal compensation from these companies today, but defense attorneys work to create doubt through papers like the 1946 study.

Evidence like the 1946 study could potentially:

Complicate mesothelioma settlement negotiations
Downplay company responsibility
Put pressure on veterans and families

However, working with experienced asbestos attorneys can help veterans and loved ones navigate the legal system with confidence.

We’ve partnered with Sokolove Law and Simmons Hanly Conroy, two national asbestos law firms with fellow U.S. veterans and VA-accredited lawyers on staff. Attorneys from these firms can navigate legal challenges and fight to pursue payouts for your family.

Call (877) 450-8973 to connect with our partner mesothelioma law firms now.

Why Do Asbestos Companies Still Cite This Study?

Barry Castleman, an environmental consultant and longtime asbestos disease expert, says the study continues to appear in litigation involving veterans with mesothelioma and shipyard insulation workers.

When Kelly called for a retraction, the study's publisher, Taylor & Francis, said it's unclear who owns the rights to the archive and has the authority to retract the paper.

That leaves the study sitting in the archive, ready to be cited whenever a defense attorney needs it in a mesothelioma lawsuit.

While the study has lost some of its credibility due to its age, and hasn’t been used in many recent cases, there’s still a chance it could show up in defense findings for new mesothelioma lawsuits even today.

What The Study Means for Your Mesothelioma Lawsuit

If you're a veteran with mesothelioma, don't let an 80-year-old study intimidate you out of pursuing the compensation you're owed.

Here's why:

The study has been publicly discredited: Kelly's critique, along with decades of subsequent research, gives your legal team solid ground to challenge the findings if the study comes up in your case.
Modern science isn't on the defense's side: The Environmental Protection Agency (EPA) banned the last remaining new uses of asbestos in 2024, sending a clear message about the dangers of this toxic material.
You don't have to fight this alone: Experienced mesothelioma attorneys may have seen this study before and know how to counter it.

Veterans with mesothelioma can pursue compensation through VA benefits, asbestos trust funds, and lawsuits against the manufacturers of asbestos-containing products used on ships and bases. None of these options cancel each other out.

Mesothelioma lawsuits award over $1 million on average, and pursuing legal compensation doesn't impact your VA benefits.

We're Here to Help Veterans With Mesothelioma Lawsuits

You served this country with pride — and never deserved to develop mesothelioma from your service. You shouldn't have to fight a decades-old study just to get the compensation you're owed.

If a defense attorney brings up an old study to muddy the waters in your case, that's not a reason to back down. Experienced mesothelioma attorneys can push back on outdated evidence and fight for the compensation you deserve.

The Mesothelioma Veterans Center can help you:

Connect with experienced mesothelioma attorneys
Pursue legal compensation at no upfront cost
Get the support you need after a diagnosis

Call (877) 450-8973 to speak with our team or request a Free Veterans Packet to learn more about your options for VA benefits and legal compensation.