Asbestos

Identifying the symptoms of mesothelioma

July 2, 2018 | Throneberry Law Group

Mesothelioma is a very rare, very aggressive form of cancer. While it affects only a few thousand people each year, its effects are often devastating. Chances of survivability are very low, the signs and symptoms are difficult to spot, and usually take decades to manifest.

Possibly the most distressing aspect of mesothelioma is that it is often incurable. Treatments are available, but due to the disease’s rarity, modern medicine has had few chances to study it on an in-depth level. If these symptoms and circumstances are familiar to you, schedule an appointment with your doctor.

Causes and signs of mesothelioma

What to know about take-home asbestos exposure

June 27, 2018 | Throneberry Law Group

It is commonly known that asbestos is a dangerous substance that has been the cause of diseases and cancers such as mesothelioma. Due to its fire-retardant properties, the mineral was considered very useful to many industries, such as fireproofing or insulating for construction.

Even after regulations were put in place to severely restrict and in some instances, discontinue its use in the 1970s, people continued to get sick. It can take years for the long-term effects of asbestos exposure to be realized.

If you have a family member who worked in an environment where asbestos was present before regulations were in effect, you may have also been exposed. How did it happen?

New Hampshire State Senate Considers Bill to Restrict Legal Rights of Asbestos Cancer Victims

June 16, 2018 | Throneberry Law Group

Despite state courts not having to deal with asbestos cancer lawsuits for quite some time, the New Hampshire state senate is poised to introduced proposed legislation that could seriously limit the legal rights of mesothelioma cancer victims. If passed, the proposed law would put New Hampshire in a group of over one dozen states that have passed so-called transparency acts aimed at slowing the pace of litigation and forcing plaintiffs to take legal steps they otherwise would not be obliged to.

In studying the issue, the New Hampshire state senate has created a study committee to “review the current compensation system specific to asbestos litigation and study ways to promote transparency, fairness, and timeliness of payment in the asbestos litigation system in New Hampshire.” Specifically, the study committee will look into whether or not mesothelioma cancer victims should be required to explore alternative avenues for compensation for their injuries.

Additionally, many of the asbestos tort reform bills being circulated around states legislatures require plaintiffs to disclose to courts whether or not they have filed claims for compensation from any asbestos administrative trusts in addition to filing a formal lawsuit. Many of the largest asbestos companies were required to create trusts for asbestos cancer victims to file claims as part of the business’ release of liability to file for federal bankruptcy protections.

Kansas State Lawmakers Debate Bill to Limit Compensation for Asbestos Cancer Victims

May 31, 2018 | Throneberry Law Group

Kansas state lawmakers recently took up debate in the legislature’s upper house over the passage of House Bill 2457, a law that could end up imposing serious restriction on the legal rights of asbestos cancer victims to recover vital compensation following a mesothelioma diagnosis. If approved, the bill would require mesothelioma patients to undertake a lengthy administrative and investigative process that could go beyond the time they have left.

In February 2018, the Kansas State House of Representatives passed their version of the bill with a 77-40 vote over the objections of advocates who claim the bill is necessary and places roadblocks to justice. House Bill 2457 is Supported by the Kansas Chamber of Commerce, a statewide business and industrial coalition in the state of Kansas that often creates pro-business legislation.

If passed, House Bill 2457 would require asbestos cancer victims to file all possible claims against other defendants in a 30-day window, allowing a jury to consider shared liability among sources of asbestos exposure. Often times, this includes filing administrative claims with asbestos bankruptcy trusts in lieu of formal lawsuits against solvent companies still doing business.

Why talk to an attorney after a mesothelioma diagnosis?

May 15, 2018 | Throneberry Law Group

Mesothelioma is a serious disease with far-reaching consequences. Treatments can be expensive and time-intensive.

There are options available to victims of mesothelioma, and your situation could warrant taking legal action.

An experienced mesothelioma attorney can help you throughout the process, including:

New York Appeals Court Denies Motion by Asbestos Companies to Modify Damages for Cancer Victims

May 14, 2018 | Throneberry Law Group

An intermediate appeals court in New York recently denied a motion brought forth by a group of asbestos product related companies attempting to challenge the types of damages cancer victims can recover and the state’s special asbestos court system as a whole. The appeal comes a year after the courts modified their case management orders to allow plaintiffs to recover punitive damages in mesothelioma cancer lawsuits and less than one month after a state jury handed down a record breaking $60 million plaintiff’s verdict.

The special asbestos court, known as the New York Court of Asbestos Litigation (NYCAL), is one of the country’s largest backlog of asbestos cancer cases and has created its own unique rules to help move along cases on the docket. One of those case management orders was an agreement with defendants to defer punitive damages in exchange for waivers of due process rights to allow cases to move more quickly through the courts.

Punitive damages are a special type of award meant to punish defendants for especially egregious conduct and serve as a type of warning to prevent other entities from engaging in similarly reckless behavior. The agreement between the asbestos companies and the courts had remained in place for almost two decades until 2014 when punitive damages were reintroduced by a Manhattan Supreme Court justice.

J&J and Talc Supplier Imerys Ordered to Pay Plaintiffs $80 Million in Punitive Damages

April 16, 2018 | Throneberry Law Group

After already handing down a $37 million verdict in favor of the plaintiffs at the conclusion of a two-month asbestos cancer trial, a New Jersey state jury recently handed down a staggering $80 million in punitive damages against the defendants. In reaching their decision, the jury determined that pharmaceutical giant Johnson & Johnson and its talc supplier Imerys acted with recklessness when they produced asbestos-contaminated talc products knowing full well of the dangers posed to consumers.

The Middlesex County Superior Court jury apportioned $55 million of the punitive damages to be paid by Johnson & Johnson while Imerys will be responsible for the remaining $25 million in addition to compensatory damages already handed down. The verdict and awards are significant as it is the first plaintiff’s verdict against the defendants over allegations that the pair knowingly put thousands of innocent people at risk of developing mesothelioma and other serious forms of deadly cancer.

According to the plaintiff’s lawsuit, the victim developed mesothelioma from years of asbestos exposure due to using the tainted talcum powder products produced by the defendants. Mesothelioma is a rare and deadly form of cancer that commonly affects thin linings of tissues surrounding vital organs like the heart, lungs, and abdomen and is directly linked to asbestos exposure.

What if asbestos is inside my home?

April 12, 2018 | Throneberry Law Group

You have an old house that was built in the early 1900s, and your family is investing thousands of dollars in a remodeling project. The contractors have signed on for the work and are about to begin. But you may have overlooked something.

Asbestos? Couldn’t be, you think. Your inspector made no mention of it when you bought the house four years earlier. But upon your research, you learn that many older homes – including some built through the 1980s – contain asbestos.

What you discover soon startles you. Asbestos – a fire-retardant material used in home construction – can be found in a number of places within a home. When asbestos becomes damaged, its fibers become airborne and easily inhaled, potentially leading to severe illnesses such as lung cancer and mesothelioma.

New Jersey Jury Hits Johnson & Johnson with $37 Million Verdict in Asbestos Talcum Powder Lawsuit

April 9, 2018 | Throneberry Law Group

A New Jersey state jury recently handed down a substantial verdict in favor of the plaintiff in a groundbreaking talcum powder asbestos cancer lawsuit filed against pharmaceutical giant Johnson & Johnson. After weeks of testimony, the jury awarded the plaintiff $37 million in damages to the plaintiff who claimed he developed mesothelioma after years of inhaling asbestos-contaminated talc products produced by the defendants.

The Middlesex Superior Court jury determined that Johnson & Johnson was 70% responsible for the plaintiff’s mesothelioma diagnosis and France-based talc supplier Imerys was liable for the remaining 30% of damages. The verdict came on the first full day of deliberations after two months of testimony in which both sides argued vigorously for their positions and multiple expert witnesses were called to testify.

During the trial, Johnson & Johnson’s defense lawyers argued that the plaintiff could have contracted mesothelioma from various other sources. It noted that the house in Montclair, New Jersey where the plaintiff grew up once had asbestos-wrapped pipes and that the public schools attended were also treated for asbestos at some point in the past. Fortunately, jurors sided with the plaintiff and his wife and awarded them the appropriate amount of compensation for their damages.

Missouri State House Passes Bill to Limit Compensation for Mesothelioma Cancer Victims

March 16, 2018 | Throneberry Law Group

The Missouri state House of Representatives recently approved legislation that could impact the amount of compensation mesothelioma cancer victims could receive for their claims when filing lawsuits against defendants. With Missouri juries handing down substantial verdicts to plaintiffs harmed by the deadly products developed by asbestos companies, lobbyists for the business and insurance companies have long eyed the state for so-called “tort reform” to limit compensation to plaintiffs.

As part of the effort to limit plaintiffs’ access to justice, the Missouri House approved a bill meant to force mesothelioma plaintiffs to disclose whether or not they have filed administrative claims with asbestos bankruptcy trusts. The Missouri Senate is expected to take up the legislation soon and the state may join a growing list of other states that have already passed these asbestos claims transparency laws promulgated by the likes of pro business and insurance lobbyists like the Chamber of Commerce and Industry.

Asbestos bankruptcy trusts were created by companies that were no longer solvent but needed a way to release themselves from legal liability in order to qualify for federal bankruptcy protections. Asbestos companies set aside tens of billions of dollars for mesothelioma cancer victims to file administrative claims with and are often seen as a much more expedient way for plaintiffs to receive the compensation they need to pay for vital medical treatment.