November, 2018

Illinois Man Files Asbestos Related Lung Cancer Lawsuit Against Manufacturing Companies

November 30, 2018 | Throneberry Law Group

An Illinois man recently filed an asbestos related lung cancer lawsuit against a group of manufacturing companies claiming the defendants’ asbestos products are directly responsible for his diagnosis with a terminal form of lung cancer. The asbestos cancer lawsuit names Blackmer Pump Co., Sterling Fluid Systems USA LLC, Aurora Pump Company, and other companies that used asbestos in their products as defendants in the case.

According to the asbestos lung cancer lawsuit, filed in St. Clair County, Illinois Circuit Court, the plaintiff worked various jobs as a painter, waiter, and truck driver during which time he was exposed to deadly asbestos fibers in products manufactured by the defendants. The asbestos cancer lawsuit states the victim developed asbestos related lung cancer in 2017, and seeks damages in excess of $50,000 as well as punitive damages.

The lawsuit claims the plaintiff’s diagnosis came about due to the defendants developing, manufacturing, and marketing asbestos-contaminated products known to be harmful without providing warning to consumers. While asbestos may have been legal to use in manufacturing at one time, companies still knew for decades about the risks associated with their products but did nothing to warn the public.

Mesothelioma is a concern for firefighters

November 16, 2018 | Throneberry Law Group

If you are a firefighter, you know you have a job fraught with risks, but you may not have realized that mesothelioma is one of them. Mesothelioma is a rare and aggressive type of cancer associated with asbestos exposure, and firefighters are about twice as likely to develop it than the general population, according to a study completed in 2015 by the National Institute for Occupational Safety and Health.

Because asbestos was included in many building materials manufactured through the 1980s, you can be exposed to it at fires in people’s homes, local businesses or area industrial sites. As the asbestos filled products burn they break down, dispersing asbestos particles in the air and smoke.

In addition to your exposure at fires, you also can be exposed to asbestos at your fire hall from contamination on tools and gear or the construction materials of the hall itself. Some early firefighting gear was even made with asbestos.

What to do if you’re exposed to asbestos

November 13, 2018 | Throneberry Law Group

Although the effects of asbestos exposure have been known for decades and the substance has been regulated for nearly as long, a recent EPA change and a steam-pipe explosion have again had people asking: What do I do if I’m exposed to asbestos?

Swallowing or inhaling asbestos fibers over an extended period can lead to asbestosis, mesothelioma or lung cancer. The naturally occurring fibers are heat resistant, which is why they were used as insulation and as a fire retardant for many years.

Although its use has been prevented for decades, the substance still exists in many older homes and structures. It is harmless if left in its original state and becomes dangerous only when it enters the air and is breathed or swallowed.

U.S. Supreme Court Set to Hear Important Asbestos Cancer Lawsuit

November 9, 2018 | Throneberry Law Group

The U.S. Supreme Court will soon take up arguments in an asbestos cancer lawsuit that could set an important precedent not only for other mesothelioma lawsuit plaintiffs but other innocent people harmed by the negligence of companies that failed to prevent foreseeable injuries. The case was brought by two surviving relatives of a man who developed mesothelioma while working aboard Navy ships, coming in contact with industrial gaskets made with deadly asbestos fibers as part of his job duties.

According to the mesothelioma cancer lawsuit, entitled Air and Liquid Systems Corp. v. Devries, the defendants in the case manufactured equipment for Navy ships that did not contain asbestos themselves, but required replaceable parts manufactured by third parties that used asbestos in the construction. The plaintiffs have asked the court to hold Air and Liquid Systems liable for the victim’s passing because they claim the company knew that its products would need integrated parts manufactured with asbestos gaskets and seals by third parties.

Specifically, the plaintiffs asked the justices hearing the case to apply the “foreseeability” standard of negligence commonly used in maritime injury cases which holds that Air and Liquid Systems could reasonably foresee that aftermarket parts containing deadly chemicals could cause harm. On the other hand, the defense has asked the judges to apply a more simplified standard in tort law, holding that the duty of the party to warn rests with that party that is in the best position to control or avoid the harm, in this case, the gasket maker.

Maryland Appeals Court Upholds $7.2 Million Verdict in Mesothelioma Cancer Lawsuit

November 2, 2018 | Throneberry Law Group

A Maryland appeals court recently upheld justice when it affirmed a multi-million dollar plaintiff’s verdict in an asbestos cancer lawsuit brought by a steamfitter who claimed he developed mesothelioma from the defendant’s defectively made products. The Court of Special Appeals of Maryland sided with the jury’s wisdom when it awarded $7.2 million in compensatory damages for the plaintiff’s medical bills, lost wages, and pain and suffering.

The case began years before when the victim and his wife filed their mesothelioma cancer lawsuit in Circuit Court for Baltimore City claiming the husband was exposed to asbestos fibers while working on a construction project at Loch Raven High School in Baltimore, Maryland. The claim went on to assert that the plaintiff was exposed to asbestos fibers in insulation products manufactured by Wallace & Gale.

Asbestos is a naturally occurring mineral that was used for decades in a variety of industrial, commercial, and military capacities for its malleability and heat resistant properties. Asbestos has been heavily regulated by federal law since the mid-1970s when the clear connection between exposure and developing serious health conditions like mesothelioma was finally accepted. Even before federal laws effectively banning the use of asbestos, companies knew fully well of the links between the fibers contained in their products and risk of medical conditions.