Only in America? We hope so. Six railroad workers in West Virginia have been awarded $5.8 million for emotional distress caused by a fear of having cancer after being exposed to asbestos. All but one of the plaintiffs who were given the award by a jury in the West Virginia State Court are current or former cigarette smokers.

The case is being reviewed in the US Supreme Court and insurers and business groups are doing their utmost to ensure it is thrown out. The trial court judge in West Virginia told the jury that if the plaintiffs demonstrated a “reasonable” fear of cancer related to asbestos exposure, they should be entitled to compensation.

Apart from the legal aspects of reasonable fear, the insurance industry is concerned that these types of payouts are making it difficult for real victims of asbestos to actually receive compensation.