Articles Posted in Mesothelioma Attorney

The Supreme Court of the State of New York recently denied a petition from Ford Motor Company asking the Court to shut down mesothelioma lawsuit against them.  When the defendant in this case, who for purposes of this article will be referred to as J.S., discovered he had mesothelioma, he and his spouse filed a lawsuit against Ford Motor Company. According to the lawsuit, the company is responsible for J.S.’s exposure to asbestos-containing parts during his years at a dealership in Orchard Park. What is interesting about this case is that Ford did not deny that the parts J.S. was dealing with were asbestos-contaminated. The company also didn’t deny the fact that asbestos is a toxin.

After J.S. discovered he had mesothelioma at age 65, he filed a lawsuit against Ford Motor Company, the company responsible for his asbestos exposure, thus, his illness. According to J.S.’s lawsuit, he worked as a delivery man for the dealership in Orchard Park. During his time in this position, J.S. was exposed to asbestos-containing dust when he unlocked boxes and dealt with brakes and clutches from Ford. In his claim, J.S. also stated that he had maintenance, cleaning, and sweeping duties during his time at the dealership. On top of that, J.S. stated in his lawsuit that he suffered asbestos exposure through his interaction with mechanics performing clutch and brake jobs.

The defendant did not deny that J.S.’s work involved dealing with asbestos-contaminated products. The company did not deny that asbestos is dangerous and can cause illnesses. Ford’s argument was focused on whether J.S.’s closeness to their parts was enough to result in him developing his illness. The company’s argument centered on whether chrysotile asbestos caused risk compared to amphibole asbestos. Also, Ford Motors argued that therapeutic radiation could have caused J.S.’s illness.

After a person is diagnosed with mesothelioma they may be entitled to recover compensation from the party responsible for their asbestos exposure. However, compensation does not come automatically. A mesothelioma patient needs to undergo a specific process to recover compensation. For example, a mesothelioma patient can file a mesothelioma claim against the negligent party. After filing their claim, a mesothelioma patient will need to prove their case before they can recover compensation. Fortunately, lawyers are available to help mesothelioma patients with their claims. In fact, it is not advisable to handle a mesothelioma claim without a legal representative.

Proving Asbestos Exposure

In any mesothelioma claim, asbestos exposure must be proven. After a mesothelioma patient hires a lawyer, the lawyer will want to look at the patient’s diagnosis. Because asbestos exposure is the primary cause of mesothelioma, a doctor’s diagnosis can help prove asbestos exposure.

Mesothelioma is a type of cancer that develops after a person is exposed to asbestos. There is no cure for mesothelioma. The good news, however, is that there are several treatment options available for mesothelioma patients. But, to have a good chance of fighting the disease, mesothelioma patients need to be diagnosed early before the disease has reached its later stages. Treating mesothelioma when it has reached its later stages is usually difficult. Unfortunately, most people who receive a mesothelioma diagnosis will also be told their prognosis is not good. Many people are getting diagnosed with mesothelioma when the disease has reached its later stages.

So, what makes it hard to diagnose mesothelioma? The following are five reasons why diagnosing mesothelioma is difficult.

People Assume Asbestos is Banned

It is common to see more than one member of the same family developing mesothelioma. Because of this, some people have concluded that mesothelioma is hereditary. But is it true that mesothelioma is hereditary? No . . . The answer to this question is not as easy as it might seem. The primary cause of mesothelioma remains asbestos exposure.  However, outlier researchers suggested that people who inherit a particular type of gene are more vulnerable to developing mesothelioma, especially if exposed to asbestos.

How Genetics Impact Mesothelioma Development

There is an outlier body of research that suggests inheriting a particular type of gene can raise an individual’s likelihood of developing mesothelioma, especially if exposed to asbestos. In other words, the research suggests that genetics is a risk factor for mesothelioma. As a risk factor, the research suggests genetics can increase the risk of mesothelioma development. However, asbestos remains the direct cause mesothelioma.

According to the Environmental Protection Agency, asbestos is a mineral fiber that occurs in soil and rocks. Asbestos was widely used before the 1980s in, among other things, building materials. It was in the 1980s that the dangerous effects of this mineral became widely known. However, although asbestos is not commonly used today, it is still used in some products. Also, asbestos can be found in old buildings. This means that asbestos exposure remains a problem. Asbestos can cause various deadly diseases, such as mesothelioma, asbestosis, and lung cancer.

The following are four steps that should be taken after someone gets exposed to asbestos or if someone has a history of asbestos exposure.

Consult a Doctor Early

After mesothelioma develops, complications can arise. Complications can arise due to the illness itself or due to treatment. Because mesothelioma usually affects the pleural mesothelium, respiratory complications are the most common complications from mesothelioma. However, apart from respiratory complications, there are many other complications that mesothelioma patients experience. This article discusses some of the other complications patients experience from mesothelioma and some of the complications patients experience from treatment.

Complications From Mesothelioma

The following are some other possible complications from mesothelioma;

A mesothelioma wrongful death claim is a claim that is filed after a victim passes away. It is a type of claim that allows surviving family members to recover compensation from negligent parties, such as manufacturers of asbestos-contaminated products. Mesothelioma wrongful death claims are typically filed against individuals and companies who knew that certain products were dangerous but failed to give a warning. The following is more on mesothelioma wrongful death claims.

Who is Allowed to File a Mesothelioma Wrongful Death Claim?

In a mesothelioma personal injury claim, the plaintiff, that is, the person bringing the claim and seeking compensation, is usually the patient who has suffered harm because of the negligence of another party. When it comes to wrongful death claims, the patient is not the one bringing the claim and seeking compensation as they are not alive.

Asbestos exposure can cause deadly diseases such as mesothelioma. Unfortunately, if you work with asbestos or asbestos-contaminated materials, you are at an increased risk of asbestos exposure. In fact, occupational asbestos exposure is among the most common types of exposure.

If you work with asbestos or asbestos-contaminated materials, OSHA requires your employer to take certain steps to reduce the hazards of asbestos at work. Indeed, the exact steps your employer must take depend on the industry. However, there are some basic requirements that all employers are required to meet.

What are the Hazards of Asbestos?

After two weeks of in-person trial, a Los Angeles County jury awarded a 64-year-old woman diagnosed with mesothelioma $43 million on May 20, 2022. This verdict is among the largest seen in recent years. The woman, who was diagnosed with mesothelioma in 2019, blamed Algoma Hardwoods Inc. for her condition.

According to the evidence presented, the 64-year-old California woman never directly worked with the toxic substance known as asbestos. However, her husband used to work in a capacity that exposed him to asbestos. He worked with doors that contained asbestos. The asbestos dust from the doors got stuck in his skin, hair, and clothes, and he brought this dust home. Even though the woman sometimes assisted her husband on-site, most of the asbestos exposure she suffered was from the asbestos dust her husband brought home. According to a family representative, the 64-year-old woman suffered asbestos exposure while doing her husband’s laundry. Also, just being inside the home exposed her to asbestos.

From 1977 to 1980, Algoma made fire-resistant asbestos-contaminated doors. The jury found the company 50% liable for the 64-year-old woman’s mesothelioma. The jury then assessed comparative fault against other defendants. The following is a breakdown of the percentage of responsibility each defendant was awarded;

Asbestos is a mineral that causes mesothelioma, a rare and deadly type of cancer. In fact, asbestos is the only known cause of mesothelioma. In an attempt to reduce mesothelioma cases, many countries worldwide have banned asbestos. However, asbestos has not been banned in the United States of America.

Do asbestos bans really help? Does banning asbestos reduce the incidence of mesothelioma? A recent study shows that asbestos bans can reduce mesothelioma cases, although not immediately. The findings of this study might affect asbestos rules in America.

Data From Study Indicates Asbestos Bans Can Reduce Mesothelioma Cases

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