Asbestos & Mesothelioma Law Blog

What Happens After a Mistrial in a Mesothelioma Case?

April 22, 2024 | Throneberry Law Group

Being diagnosed with mesothelioma is traumatic enough. The last thing a claimant in a mesothelioma lawsuit wants is for the judge presiding over their case to declare a mistrial and for things to go back to square one. Unfortunately, while mistrials in mesothelioma lawsuits do not happen a lot, a mistrial can happen. In this article, we discuss what a mistrial is, what can cause a mistrial, and what happens after a mistrial.

What is a Mistrial?

A mistrial arises when a court case is ended before its conclusion. Generally, a mistrial occurs if a lawsuit is not presented properly or the trial is not fair. A mistrial is typically declared by the judge presiding over the case. A judge has the authority to decide to declare a mistrial if the situation warrants a mistrial. A mistrial in a mesothelioma case can cause emotional strain, financial uncertainty, and delays in justice. However, a mistrial in a mesothelioma case does not necessarily mean that justice will not be served. It does not necessarily mean that the claimant will not recover compensation.

What Should I Do if I Find Asbestos in a School?

April 5, 2024 | Throneberry Law Group

Asbestos was once widely used in the construction industry because of its fire-resistant and insulation properties. After the dangers of this material became widely known, its use was limited. The use of asbestos has been regulated in the United States of America since the early 1970s. However, because many buildings built before the 1980s were constructed using asbestos-contaminated materials, it is common for asbestos to still be present in buildings, including school buildings. The issue is that if asbestos remains undetected in a school building, it may be accidentally disturbed. Asbestos is harmless if left undisturbed. However, if disturbed, it can result in tiny microscopic fibers being released into the air, which, when inhaled or ingested, can cause serious health issues. If no one knows of the existence of asbestos in a school, teachers, other staff, students, parents, and other community members may continually breathe in those fibers without realizing it. If asbestos is discovered in a school, it can save many people’s lives. But what should you do if you find asbestos in a school? Read on to find out.

What to Do if You Discover Asbestos in a School

Prompt and careful action is necessary after asbestos is discovered in a school. If there is asbestos in a school, the following are the steps to take to ensure your safety and the safety of others;

Cruise Ships and Asbestos Exposure

April 4, 2024 | Throneberry Law Group

When people think about cruise ships, rarely do they think about dangerous asbestos exposure. Often, when people think about cruise ships, they think of luxury, relaxation, and adventure. However, underneath all the glamor lies a less glamorous reality. Many people who worked on cruise ships many years ago may have been exposed to asbestos. Unfortunately, asbestos exposure can result in the development of deadly illnesses, including mesothelioma and lung cancer.

What is Asbestos?

Asbestos is a naturally occurring mineral. There are six types of asbestos: chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite. Asbestos is known for being resistant to heat, wear, and chemicals, and for its flexibility. These and many other characteristics make asbestos a suitable material for use as insulation in many fields.

Can a Mesothelioma Claim Compensation Cover Surgery?

April 3, 2024 | Throneberry Law Group

After a person is exposed to asbestos, they may develop various illnesses, including mesothelioma. In the United States of America, it is believed there are approximately 3,000 new cases of mesothelioma every year. While mesothelioma can affect people of all ages, this illness is more common among older people than younger people. According to the American Cancer Society, the average age of people diagnosed with the most common type of mesothelioma, pleural mesothelioma, is 72. Unfortunately, the prognosis of mesothelioma is often poor, and there is still no cure for this disease. However, there are several treatment options. One of the treatment options for mesothelioma is surgery.

For people diagnosed with mesothelioma, it can be daunting navigating treatment options and the costs associated with treatment. The truth is that mesothelioma treatment can be expensive. Mesothelioma treatment can result in a heavy financial burden. Fortunately, mesothelioma victims and their families often do not have to deal with the cost of treatment alone. Mesothelioma victims and their families can recover financial compensation from the parties responsible for the asbestos exposure.

But while compensation is available for mesothelioma victims and their families, a common concern for people considering surgery as a treatment option is whether a mesothelioma claim compensation can cover surgery. So, can the compensation recovered through a mesothelioma claim cover surgery? Yes, a mesothelioma claim compensation can cover surgery. However, whether a mesothelioma claim compensation can cover surgery may depend on several factors, including the specifics of the case, the terms of the compensation package, and the applicable rules. If you or a loved one has been diagnosed with mesothelioma, it is best that you seek the guidance of a qualified mesothelioma lawyer. An experienced attorney can help you understand your legal rights and options. They can help you pursue rightful compensation to alleviate the financial burden of mesothelioma treatment.

A South Carolina Jury Awards a Mesothelioma Widow $1.75 Million in Compensation

April 2, 2024 | Throneberry Law Group

For purposes of this article, the deceased victim, in this case, will be referred to as Mr. C.B., and his surviving spouse as Mrs. M.B.

In a recent court decision, a South Carolina jury awarded a mesothelioma widow $1.75 million in compensation. The jury’s decision held the defendant, John Crane, Inc., accountable for negligence in the mesothelioma victim’s untimely death.

The mesothelioma victim’s widow, Mrs. M.B., filed a claim against John Crane, Inc., and accused the company of having irresponsibly exposed her late husband, Mr. C.B., to asbestos-contaminated gaskets when he was working at the Celanese factory in the maintenance department. According to the widow, the gaskets that were used in Celanese’s processes only lasted for a short time before wearing out. After they wore out, the gaskets would be taken to Mr. C.B.’s department, where their residue would be scraped off to allow for the installation of new gaskets. It was during this process that Mr. B would inhale the asbestos dust, which later led to the development of his illness.

How Do I Know if I Have Mesothelioma?

March 30, 2024 | Throneberry Law Group

Mesothelioma is one of the many types of cancer. Unfortunately, just like any other form of cancer, mesothelioma can be quite aggressive. Mesothelioma is a deadly form of cancer. This cancer develops in the lining of the body’s organs. The primary cause of mesothelioma is asbestos exposure. Asbestos is a mineral that was once used widely in various sectors because of its properties. Unfortunately, because mesothelioma is rare and causes symptoms that can be associated with other common conditions, it can be challenging for someone to determine if they have this illness. In this article, we try to shed light on how someone can know if they have mesothelioma.

What are the Symptoms of Mesothelioma?

Mesothelioma symptoms can be hard to diagnose since they can mimic those of other more common diseases like pneumonia and the flu. That said, the following are some of the common signs and symptoms of mesothelioma;

Woman Names More Than 30 Cosmetic Companies in Her Mesothelioma Lawsuit

March 26, 2024 | Throneberry Law Group

A woman recently filed a mesothelioma lawsuit against more than 30 cosmetic companies in the Massachusetts Superior Court for Middlesex County. The woman, who was diagnosed with mesothelioma in 2023, alleges that these brands’ talcum powder products led to her diagnosis. Mesothelioma is a rare and aggressive form of cancer that develops after someone is exposed to asbestos. Some of the companies named in the lawsuit include Johnson & Johnson, Chanel, Marky Kay, L’Oreal, Maybelline, and Pfizer. This case sheds light on the potential dangers lurking within the everyday skincare products that countless people use in America and around the globe.

Understanding How Cosmetics are Linked to Mesothelioma

It may come as a shock to many that cosmetics can lead to the development of mesothelioma. One may wonder how this is possible when asbestos is not one of the ingredients used in cosmetics. The connection between cosmetics and mesothelioma stems from the use of talc in these products. Talc, an organic mineral, is used in cosmetic products because of its ability to absorb moisture. However, talc is often found near asbestos in the earth’s soil. Asbestos is a mineral that consists of microscopic fibers, which, when inhaled or ingested, can irritate cell linings near the lungs or abdominal cavity.

EPA Bans Chrysotile Asbestos

March 25, 2024 | Throneberry Law Group

For over five decades, mesothelioma and asbestos-related disease advocates have been fighting for asbestos to be banned in the United States of America. Finally, the United States Environmental Protection Agency (EPA) has made a decision that has been applauded by many. EPA finalized a rule that prohibits people from importing and using chrysotile asbestos in the U.S. ADAO is one of the mesothelioma and asbestos-related advocates that acknowledged that the recent ruling by EPA will help in the fight against asbestos and asbestos-related illnesses. However, ADAO highlighted that the rule’s limited scope is not enough. The organization noted that this rule may not be sufficient to keep Americans safe from asbestos exposure and asbestos-related diseases.

The EPA has banned chrysotile asbestos for six conditions of use. This ban means that users of chrysotile asbestos are no longer allowed to import it into the country. The EPA rule bans the use of chrysotile asbestos in several sectors. Several industries must now transition away from chrysotile industries, including the chlor-alkali, refining, chemical, and brake clock industries. However, there are concerns about the extended changeover period allowed by EPA’s ruling. There are also concerns about the ruling’s inconsistencies in compliance deadlines. There are fears that the extended changeover period and the inconsistencies in compliance deadlines will allow people to continue suffering chrysotile asbestos exposure for a long time to come.

Another concern arises from the fact that the EPA ruling only addresses chrysotile asbestos. The rule does not address five asbestos fibers: crocidolite, tremolite, amosite, actinolite, and anthophyllite. In other words, the EPA has not yet fully banned asbestos in the U.S. Regulators believe that chrysotile is the only type of asbestos being used or brought into the U.S. However, critics believe regulators may not know of other uses and may lack all the information. According to ADAO, the EPA ruling’s limited scope shows that asbestos use and imports will only end completely when Congress passes a comprehensive asbestos ban prohibiting all six types of asbestos. ADAO mentioned the Alan Reinstein Ban Asbestos Now Act (ARBAN) as a critical piece of legislation necessary to pave the way for a future free from asbestos exposure and asbestos-related diseases. ADAO counsel Bob Sussman noted that without legislation, exposure to asbestos fibers with the same deadly properties as chrysotile asbestos would continue.

What is Peritoneal Mesothelioma?

March 19, 2024 | Throneberry Law Group

Mesothelioma is a rare and aggressive type of cancer that affects the mesothelium. The mesothelium is a layer of cells covering and protecting organs and tissues in the body. Mesothelioma commonly forms in the tissue covering the lungs and chest walls (pleura). This type of mesothelioma is called pleural mesothelioma. However, mesothelioma can also form in the tissue covering other organs. In this article, we discuss another type of mesothelioma known as peritoneal mesothelioma.

What is Peritoneal Mesothelioma?

Peritoneal mesothelioma is a rare and aggressive type of mesothelioma that affects the peritoneum, which is the membrane lining the abdomen and abdominal organs, like the liver and intestines. This type of mesothelioma is the second most common type after pleural mesothelioma. Peritoneal mesothelioma is aggressive because, often, by the time a person is diagnosed, it will have spread throughout the abdominal lining. This type of mesothelioma is difficult to detect early.

How to Support a Veteran With Mesothelioma

March 10, 2024 | Throneberry Law Group

Asbestos was used across all the branches of the U.S. military in building materials, machine parts, insulation, and more. This mineral was popular in the military because of its desirable qualities. Asbestos has heat, chemical, and fire-resistant qualities. This mineral has good insulating properties and is durable. However, when asbestos fibers are inhaled, these particles can cause internal damage. Asbestos exposure can result in the development of several asbestos-related illnesses, such as mesothelioma, lung cancer, and asbestosis. Research suggests that mesothelioma is the most common result of asbestos exposure in the military. Mesothelioma is an aggressive form of cancer that mainly affects the tissue layer lining the lungs. Mesothelioma has a long latency period. It can take 20 to 60 years or more for mesothelioma to develop. This means that up to 60 years or more after asbestos exposure, veterans can still develop mesothelioma.

People with veterans in their life with mesothelioma often wonder how they can support them. There are several ways to support a veteran who has been diagnosed with mesothelioma. The following are some of the ways to support a veteran with mesothelioma;

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