Asbestos

Five Crucial Steps to Take After a Mesothelioma Diagnosis

October 6, 2021 | Throneberry Law Group

Mesothelioma is a rare type of cancer that begins in the lining of the chest, lungs, or abdominal cavities. According to the American Cancer Society, the leading cause of mesothelioma is asbestos exposure. Asbestos is a highly toxic and naturally occurring mineral that was widely used in construction and other industries until the late 1990s.

After a mesothelioma diagnosis, an individual may feel devastated and overwhelmed. Usually, after a mesothelioma diagnosis, people do not know what to do. The many questions that run through an individual’s mind after they get diagnosed with mesothelioma often make it hard for a person to take positive steps to cope with the diagnosis. Therefore, it is important for an individual to focus on the actions to take after a mesothelioma diagnosis so they can be able to move forward. Indeed, there may be a lot a person needs to do after a mesothelioma diagnosis. However, it helps to focus on one step at a time.

The order can vary, but, among others, below are five crucial steps to take after a mesothelioma diagnosis.

The Threat of Asbestos Exposure After a Hurricane

October 4, 2021 | Throneberry Law Group

Whenever a hurricane season approaches, people within hurricane-prone regions of the United States of America prepare by stocking up on food supplies, gasoline resources, water, and materials to strengthen and protect homes. While stocking up on all of these is important, preparing to deal with the risk of asbestos exposure once a storm has passed is equally important. Unfortunately, many people do not know about the threat of asbestos exposure after a hurricane.

Why is Asbestos a Threat After a Natural Disaster?

Asbestos, a naturally occurring mineral that is heat-, electricity-, and corrosion-resistant, was used throughout most of the 20th century in countless construction materials. These materials are considered safe as long as they remain in good condition and undisturbed. When asbestos-contaminated materials degrade over time, they may become damaged due to a number of forces such as renovation and unexpected natural disasters like hurricanes. Natural disasters such as hurricanes can damage asbestos-containing materials in buildings in ways that lead to asbestos exposure among homeowners, first responders, and cleanup crews.

OSHA Fines Three Firms for Exposing Residents and Workers to Asbestos at a Residential Care Facility in Missouri

September 19, 2021 | Throneberry Law Group

According to a federal workplace report on safety inspection, three companies exposed residents and workers at a Missouri residential nursing facility to asbestos hazards during a flooring replacement project. The three companies also failed to ensure safe asbestos removal during the project. Early this year, OSHA began an inspection in the residential nursing facility based on a referral from the Missouri Department of Natural resources. More than 30 days after the flooring work began, OSHA evacuated the nursing facility’s residents.

According to OSHA, three companies, namely; SRZ OP Bentonview, SRZ Mgmt Holdings, and Eastern Coast Management Inc., failed to conduct their work professionally and safely in various ways. According to OSHA, these three companies did not check for the signs of the dangerous substance, asbestos, and neither did they build barriers to contain the site. Also, the three companies in question failed to provide PPE and respiratory equipment to workers to prevent asbestos exposure. OSHA further claims that workers from the three companies did not complete an asbestos assessment to determine the presence of asbestos even after removing approximately 10,000 square feet of floor tiles containing asbestos.

According to samples collected at three different locations in the nursing facility, there was a huge asbestos concentration in the facility. Approximately 45% to 51% of the samples contained chrysotile asbestos. White or chrysotile asbestos is the most commonly encountered form of asbestos in the U.S.

Five Crucial Things to Know About Asbestos

September 4, 2021 | Throneberry Law Group

Asbestos is a mineral composed of flexible and soft fibers that are resistant to corrosion, heat, and electricity. Although these qualities make asbestos a useful mineral, asbestos exposure is highly toxic. For a long time, asbestos was used in construction, fireproofing, and insulation.

Unfortunately, many individuals assume that asbestos exposure is a thing of the past while it remains a deadly public health concern. Even though scientists have long recognized the dangers of asbestos exposure and made these dangers known, asbestos-related illnesses and deaths remain a big concern. According to recent data, more than 40,000 asbestos-related deaths occurred in 2019 alone. Some of the common fatal asbestos-related diseases include asbestosis and mesothelioma.

There are many things users do not know about asbestos, yet it is important to be knowledgeable about this toxic substance. By being knowledgeable, you can take the necessary precautions against asbestos.

A Recent Report Shows That Asbestos Imports to the United States Nearly Doubled From 2019 to 2020

August 22, 2021 | Throneberry Law Group

The link between mesothelioma, a type of cancer, and asbestos exposure is irrefutable. In fact, asbestos is the only known cause of mesothelioma. Apart from mesothelioma, asbestos exposure can cause other diseases like asbestosis and lung cancer. In an effort to reduce cases of people developing mesothelioma and other asbestos-related diseases or cases of people dying because of mesothelioma and other asbestos-related diseases, many countries across the world have banned asbestos. Notable nations that have not banned asbestos include the United States, Brazil, China, India, Russia, and Canada. Therefore, while the United States of America has implemented prohibitions on asbestos manufacturing and has not produced asbestos for many years now, the nation continues to import this toxic substance. Unfortunately, the importation of asbestos into the United States means that Americans will continue suffering from the fatal effects caused by asbestos.

300 Metric Tons Imported in 2020

Based on a recent report, while the U.S. imports of asbestos have significantly reduced since the 1980s, there was a high increase in imports in 2020. The U.S. Geological Survey (USGS) released its annual Mineral Commodity Summaries on January 29, 2021, and the report shows a 74% increase in imports between 2019 and 2020. According to the report, the U.S. imported 172 metric tons of Chrysotile in 2019 and 300 metric tons of Chrysotile asbestos in 2020. Chrysotile is the only type of raw asbestos that is imported into the United States of America. According to the report, imported Chrysotile is used by the Chloralkali industry. The Chloralkali industry uses Chrysotile imported from Brazil to manufacture non-reactive semipermeable diaphragms, which come in handy in the industry.

Asbestos in Rental Properties and Apartments: Some Crucial Information for Tenants

August 22, 2021 | Throneberry Law Group

When it comes to apartments and rental properties, tenants usually care a lot about factors like the apartment or rental unit size, rent price, location of the apartment or rental, and safety features. Although these are important factors for tenants to consider, there are many more things people need to care about when it comes to the apartments or rentals they live in. For instance, tenants should be concerned about their rights in regards to asbestos in rental units and apartments. Even though asbestos is not widely used in construction anymore, this substance is still present in many rental properties built before the 1980s. Drywall, paint, cement, ceilings, floor tiles, roofing materials, insulation materials, plaster, and casing for electrical wires are features in older buildings that can contain asbestos materials.

What is Asbestos?

Asbestos, which is the name of a group of six unique minerals, is a naturally occurring fiber that is highly heat, electricity, and corrosion-resistant. Because of its qualities, asbestos was widely used in building materials from the early 1940s until its effects on human health became known in the 1970s. Many buildings built before the 1980s are thought to be asbestos-contaminated. Inhalation of asbestos fibers can lead to illnesses such as mesothelioma and asbestosis.

Preventing Asbestos Exposure

August 14, 2021 | Throneberry Law Group

Because of its resistance to corrosion, heat, and electricity, the naturally occurring mineral asbestos was a popular additive to various products in the 20^th century. Unfortunately, even though asbestos boasts of such qualities, this substance poses a threat to people’s lives. When inhaled, asbestos fibers can get stuck in a person’s body. Over time, trapped asbestos fibers can cause scarring, inflammation, and eventually asbestos-related illnesses like mesothelioma, a rare, aggressive, and fatal cancer. Usually, after asbestos exposure, it can take up to 60 years for someone to realize they have mesothelioma. Unfortunately, because of mesothelioma’s long latency period, sometimes people realize they are sick when it is too late. Nevertheless, it is vital to note that not everyone who falls victim to asbestos exposure develops mesothelioma.

As much as not every individual who falls victim to asbestos exposure develops mesothelioma, it is vital to take caution. Being cautious is especially important, considering the life expectancy of a mesothelioma patient ranges from 12 to slightly over 20 months. Even though asbestos is no longer commonly used, it still lingers in workplaces and homes. In the 20^th century, the cancer-causing substance was used in thousands of products, and many asbestos-contaminated materials can still be found in offices, homes, and factories across America. Therefore, to avoid asbestos exposure, people must educate themselves about the possible hiding places of asbestos. At work, workers may encounter asbestos in settings such as;

power plants

Identifying Asbestos. What Does This Toxic Substance Look Like?

July 24, 2021 | Throneberry Law Group

Asbestos is a natural mineral made of fibers that are resistant to corrosion, electricity, and heat. It is because of its qualities that the mineral was widely used in the 20^th century. However, even though asbestos boasts of these useful qualities, asbestos is highly toxic. When an individual inhales the asbestos fibers, the fibers can cause mesothelioma, a rare and aggressive type of cancer.

Today, asbestos is no longer being used in most new products and buildings. However, many old buildings, homes, and products still contain this toxic substance. Even after it was discovered that the substance is harmful, most asbestos-containing buildings were not banned. Additionally, many asbestos-containing materials and products were not forcibly removed from circulation, either. As a result, asbestos still poses a threat to homeowners, workers, and many other people.

Many people would want to know what asbestos looks like. Homeowners and renovators, most especially, would want to know how to identify this toxic substance before beginning home construction or renovation. Many schools, homes, and other buildings built before the 1980s contain asbestos, and during construction or renovation, people interact with asbestos-containing materials without even realizing it. Unfortunately, identifying asbestos is not that simple.

Washington Supreme Court Reinstates an $81.5 Million Verdict in Full in Mesothelioma Case

July 17, 2021 | Throneberry Law Group

According to a July 8, 2021 opinion, Washington Supreme Court reinstated an $81.5 million ruling in full after overturning an appellate court ruling for a wrongful death claim of an auto mechanic. According to the Supreme Court ruling, the Court of Appeals “overstepped the limited role played by appellate courts in the civil justice system and substituted its own subjective judgment for that of the jury and trial courts based on nothing more than the size of the verdict.”

The original claim was brought forward by the family and estate of the deceased mechanic who died in 2015 at the age of 67 of peritoneal mesothelioma. In 2017, after an approximately 12-week trial, a jury unanimously found NAPA Auto Parts and Genuine Parts Corp (GPC) liable in the mechanic’s death and awarded the deceased mechanic’s survivors $81.5 million. In its verdict, the jury found that NAPA and GPC were strictly liable and negligent for their defective asbestos-containing products used by the mechanic. Before his diagnosis and death, the deceased had worked with brake pads containing asbestos, and other parts manufactured by GPC and sold through NAPA for decades.

After the jury awarded the $81.5 million to the deceased’s mechanic’s survivors, GPC and NAPA moved for a new trial or alternatively to have the damages awarded lowered, which the trial court denied. The Court of Appeals then vacated the jury’s $81.5 million verdict and reversed the trial court in part. The Court of Appeals concluded that the trial court made a mistake when it excluded one of NAPA and GPC’s expert witnesses and applied what was referred to as “subjective determination.” The Court of Appeals also concluded that the jury’s award was excessive and ordered a new trial on damages.

The Difference Between Mesothelioma and Lung Cancer

June 27, 2021 | Throneberry Law Group

Even though mesothelioma and lung cancer are both deadly cancers, they are different diseases. Mesothelioma is a type of cancer that develops in the lining around the lungs and chest when a person inhales asbestos fibers. Asbestos, which is the only known cause of cancerous mesothelioma, is a naturally occurring mineral. The mineral was used as a building material before people became aware of its hazardous properties. Asbestos leads to mesothelioma because it causes changes at a cellular level. This toxic substance triggers inflammation, scarring, and damage that can cause cancer. Usually, when asbestos is disturbed, it releases tiny fibers into the air. When these fibers are inhaled, they get stuck in the pleural lining of the lungs and chest. Asbestos exposure is most prevalent in industrial workplaces.

On the other hand, lung cancer develops in the lungs and not in the lining of the lungs. Unlike mesothelioma, which has one known cause (asbestos), lung cancer has many known causes. Nonetheless, even though lung cancer often occurs because of other factors, the reality is that asbestos exposure can also cause lung cancer. When asbestos fibers get stuck in a person’s lungs, they can develop lung cancer.

After symptoms that suggest a serious lung problem start emerging, an individual might think they have lung cancer, when in fact they have mesothelioma, or vice versa, because both diseases can present a similar set of symptoms. Nonetheless, a history of being exposed to asbestos fibers is what physicians look for when trying to identify mesothelioma specifically. Some of the symptoms people with mesothelioma or lung cancer experience include;