Articles Posted in May, 2016

Asbestos Exposure and Product Liability: A reason you may be entitled to financial compensation for becoming ill with mesothelioma or asbestos-related, lung cancer is products liability law. This vast area of law encompasses strict liability, breach of warranty, and negligence. When bringing a products liability lawsuit, your mesothelioma attorney will argue that the manufacturer, distributer, and/or retailer of the asbestos you were exposed to should be held liable for your illness and the pain and suffering it has caused you.

Establishing a timeline is a key component in bringing a products liability-based mesothelioma case. One reason for this is because the construction, automotive, and other industries stopped widely utilizing asbestos in the early 1980s. At this time, scientific evidence of the health risks of asbestos exposure was strong. These health risks were determined to outweigh the cheap, durable, flexible, and heat-resistant properties offered by the group of mineral fibers that comprise asbestos. Because the 1970s brought widespread knowledge of the dangers posed by asbestos, they also bear heavily on responsibility for the effects of exposure. For many years since, agencies such as the Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (EPA) have imposed standards on employers in the construction, automotive, and shipbuilding industries to protect workers from asbestos exposure in the workplace. So, depending on when and in what industry you were exposed to asbestos, your employer and property owners where you worked, in addition to parties in the retail chain of asbestos, may be liable for your mesothelioma.

Mesothelioma Cases are Often “Fast-Tracked” by Courts

Mesothelioma Statute of Limitations: Mesothelioma is caused by asbestos exposure and is almost always fatal but takes years – even decades – to emerge. Even after the illness has been contracted and produces symptoms, it may take a long time for it to be accurately diagnosed. The reason for this is the close similarity of the symptoms of mesothelioma to those of lung cancer and asbestosis.

Mesothelioma Statute of Limitations

Once mesothelioma has taken effect and been accurately diagnosed, time takes on two new meanings. On the one hand, it is imperative that mesothelioma sufferers receive the medical treatment and therapy they need to increase both the quantity and quality of life. On the other hand, it is important that mesothelioma sufferers take legal action quickly to fight for any compensation they are entitled to for the cost of medical treatment, as well as pain and suffering, and other losses. This legal aspect of time speaks to what is known as the “statute of limitations.” Because mesothelioma can take 20 to 50 years to occur after exposure to asbestos, every state in the U.S. has extended the window of time in which individuals suffering from mesothelioma as a result of work-related exposure to asbestos may file a lawsuit to seek financial damages from the parties responsible.

Understanding Mesothelioma Symptoms: If you were exposed to asbestos and are now sick with aching chest pain, a persistent cough, fever and other pneumonia or flu-like symptoms, consult with a medical expert as soon as possible. Because of the similarity of the symptoms to lung cancer, and the delayed onset of the illnesses with regard to asbestos exposure, diagnosis of mesothelioma can be difficult. Consultation with a medical expert is a must. In addition, skilled and experienced mesothelioma attorney will fight to obtain any compensation you are entitled to for your medical treatment, pain and suffering, and other losses.

Asbestosis Involves Scarring in the Tissues of the Lung

Asbestosis is a scar formation the lung tissue that results from the exposure to and presence of asbestos fibers. Asbestos is a group of mineral fibers. These fibers, until the 1980s, were commonly used in a variety of industries because of its durability, flexibility, and resistance to heat. The ways that these fibers enter the lungs are through inhalation or swallowing. Because the body is unable to expel the tiny fibers from the lungs, the fibers remain there. Scarring occurs, and this interferes with lung function by blocking the uptake of oxygen from the air in the lungs into the bloodstream. This reduces that amount of oxygenated blood that returns to the heart and other tissues in the body. In addition, the presence of scar tissue in the lung causes stiffening of the lung – a condition that makes it difficult for the lung to expand with a deep breath. Unfortunately, asbestos scarring in the lung is irreversible, and as a general rule, the more exposure, the more scarring.

Asbestos in the Construction Industry

The construction industry was among those that turned to asbestos for fireproofing and insulating in the manufacturing process of a wide array of parts, products, and materials. The material – fibrous mineral – was cheap and heat resistant, and was used widely as early as the 19th century. While asbestos offered utility and cost-savings, however, it has since been linked to serious health problems in the workers that built the industries that so often implemented the mineral’s thin fibers.

The problem: when asbestos is not completely contained, its fine fibers can be inhaled or swallowed. When this happens, the fibers become embedded in a layer of tissue in the chest and abdominal regions known as the mesothelium. Unable to expel the tiny asbestos fibers from the body, the mesothelium becomes compromised. The resulting illnesses, mesothelioma and or asbestosis, take a truly terrible toll on the body. The symptoms are like those of lung cancer, intense pain and difficult breathing, and typically surface between 20 and 50 years after exposure to asbestos.