Mesothelioma Attorney

A Senior Living Facility Fined Over $1 Million in Fines for Asbestos Violations That Risked Mesothelioma

September 24, 2024 | Throneberry Law Group

Mesothelioma is a rare and aggressive form of cancer that develops after someone suffers asbestos exposure. Asbestos is a substance that was widely used many years ago due to its qualities. However, as much as asbestos is no longer widely used, legacy asbestos remains a huge concern. Legacy asbestos is asbestos-containing materials installed in buildings, products, or equipment before the 1980s. Asbestos was commonly used in construction and manufacturing due to its fire-resistant and insulating qualities. Buildings containing materials installed before the use of asbestos started being regulated may still contain asbestos, posing risks during renovations and demolition. Asbestos activists and mesothelioma advocates are constantly warning people of the dangers of legacy asbestos. Recent happenings in California show that these concerns are warranted. A senior living facility in California was recently fined $1,125,000 in fines for failing to test for asbestos in its homes.

Malignant mesothelioma is often diagnosed in individuals who were exposed to asbestos many years ago when it was still frequently used. This illness can be diagnosed up to 60 years or more after asbestos exposure. However, while mesothelioma is no longer widely used, it continues to pose significant risks. Buildings and machinery built and sold before 1980 may still contain asbestos. Despite stringent laws about asbestos management, many people ignore these rules to cut costs or avoid delays. This puts many people at risk of developing mesothelioma and other asbestos-related illnesses.

Covia Communities, renamed Front Porch, knew about the dangers of asbestos exposure. However, despite knowing this, the senior living facility developer renovated its facilities without adhering to asbestos regulations. The developer did not obtain building permits or test for asbestos. Asbestos laws require building materials to be sampled and tested before renovation or demolition work can commence.

What is the Criterion for a Mesothelioma Lawsuit?

September 22, 2024 | Throneberry Law Group

Mesothelioma, a rare and aggressive form of cancer, is primarily caused by asbestos exposure. Mesothelioma can be devastating for patients and their families. Fortunately, mesothelioma victims and their families may be eligible to file mesothelioma lawsuits and pursue justice and compensation. If you or a loved one recently got a mesothelioma diagnosis, you may be wondering whether you are eligible to file a mesothelioma lawsuit. You may be asking, “What are the criteria for a mesothelioma lawsuit?” This article examines the criteria that must be met for a person to pursue a mesothelioma lawsuit.

A Mesothelioma Diagnosis

The most critical criterion for a mesothelioma lawsuit is a formal diagnosis from a qualified medical professional. To diagnose mesothelioma, a doctor may order imaging scans, such as X-rays and CT scans. Based on the findings, the doctor may order more tests to determine if mesothelioma is causing the symptoms. However, a biopsy is the only way to determine if a person has mesothelioma. This entails removing a small portion of tissue and examining it in a laboratory. Once mesothelioma is confirmed, the doctor may recommend additional tests to determine if the cancer has spread to other areas of the body.

Judge Denies DAP’s Motion for Summary Judgment Despite the Defendant Presenting Affidavits

September 15, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as P.J.M.

In a recent court decision, Justice Adam Silvera denied DAP’s motion for summary judgment despite them presenting affidavits provided by their employee. In this case, the family of P.J.M., who passed away due to mesothelioma, an illness that develops due to asbestos exposure, named DAP Inc. and others as defendants. The family blamed P.J.M.’s disease on exposure to several products that contained asbestos. DAP requested dismissal from the case by filing a motion for summary judgment. The defendant claimed it did not make or sell the products the family is blaming for Mr. P.J.M.’s illness. Despite DAP’s assertion, the court denied the petition and allowed the case to proceed.

Often, defendants in mesothelioma lawsuits and other asbestos-related lawsuits seek dismissal by arguing that the lawsuit is baseless. It is common for defendants to argue that their products were not involved in the plaintiff’s asbestos exposure. It is common for defendants to claim that their products could not have contributed to the claimant’s illness. However, in the New York County Supreme Court, such arguments are often denied because the bar for dismissal is high. Defendants are typically required to unequivocally establish that their products could not have caused the claimant’s injury.

A District Court Affirms a $5 Million Punitive Damages Award in a Mesothelioma Case

August 16, 2024 | Throneberry Law Group

For purposes of this article, the claimant in this case will be referred to as S.C. and her late husband as G.C.

In a recent mesothelioma case decision, a district court denied the defendant’s motion to reverse a $5 million punitive damages award. Navy veteran G.C. died after developing malignant mesothelioma. Mesothelioma is a type of cancer that is primarily caused by asbestos exposure. The Navy veteran suffered years of asbestos exposure while working as a machinist. After his diagnosis, he filed a product liability claim against John Crane, a gasket company. Unfortunately, he passed away before his case was resolved. After his passing, his widow, S.C., continued with the case as a wrongful death lawsuit. After the trial, the jury ruled in favor of the widow and granted her $9 million in compensatory damages. John Crane was allocated 20% of the damages and another $5 million punitive damages. The defendant tried overturning the decision, but the district court upheld it.

After the trial jury made its ruling, John Crane Co. argued that the claimants had failed to provide enough evidence to show that their products caused Mr. G.C.’s mesothelioma. The judges noted that Arizona law does not require a claimant to prove that the defendant’s actions were the sole factor in producing the injury. According to the law, even if other factors were involved, a defendant can still be held liable if their actions were a “substantial” factor in producing the injury. Upon reviewing the evidence, the court found that the family had presented sufficient evidence of Mr. G.C.’s frequent, direct contact with asbestos-contaminated dust from the defendant’s products.

Appellate Court Affirms $9 Million Award in Mesothelioma Case Against Brake Grinder Manufacturer

August 9, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as W.M.

In a recent court decision, the Justice of the Supreme Court of New York County upheld a $9 million verdict against Hennessy Industries, answering a vital legal question: Do manufacturers who make equipment meant to be used on asbestos-contaminated products have a duty to warn of the dangers of malignant mesothelioma? When a New York jury answered yes to this question and rendered a verdict, the defendant appealed the decision. An appellate judge then affirmed the jury’s decision.

This case began when W.M. got diagnosed with mesothelioma and decided to take legal action against the company he blamed for exposing him to asbestos. W.M. filed a personal injury lawsuit against Hennessy Industries’ subsidiary AMMCO, which had manufactured a grinder that he used on asbestos-contaminated brake linings made by BMW. The victim explained that using the grinder had created asbestos-contaminated dust, which he breathed in. This asbestos exposure resulted in W.M. developing mesothelioma, a rare and aggressive type of cancer that forms in the mesothelium, which is the tissue that lines most internal organs.

NIST Scientists Discover a Cost-Effective and Easier Technique for Asbestos Detection

July 24, 2024 | Throneberry Law Group

Asbestos, a mineral that was used extensively throughout much of the 20^th century, can cause aggressive and fatal illnesses like mesothelioma, lung cancer, and asbestosis. While the use of asbestos has virtually been eliminated, this substance remains a huge threat to this day. Legacy asbestos, which refers to asbestos-containing materials that were installed in buildings, structures, or products before the dangers of asbestos became widely known, poses ongoing risks if disturbed or damaged. Because of the threat posed by asbestos, detecting the presence of this substance is crucial.

For a long time, transmission electron microscopy (TEM) has been the go-to method for detecting asbestos in schools, factories, and other buildings. To test for asbestos in buildings, inspectors have had to collect samples from the buildings and submit them to a specialized lab with highly trained staff for examination using TEM. Some states require or recommend using TEM for asbestos testing during the removal process in commercial properties.

However, transmission electron microscopy is complex and can be expensive. Another method that can be used to test for asbestos is phase contrast microscopy. This method is less costly and easier than TEM but less accurate. Now, researchers from the National Institute of Standards and Technology (NIST) say they have found a better way of detecting asbestos. NIST researchers Jason Holm and Elisabeth Mansfield say scanning electron microscopy (SEM) can be a suitable substitute for TEM in asbestos testing. The researchers say that SEM can produce results comparable to TEM. SEM, which is cheaper and more convenient than TEM, could speed up and reduce the expenses associated with asbestos remediation in the U.S.

Illinois Attorney General Takes Legal Action Against Hospital That Put Workers and the Public at Risk for Mesothelioma

July 19, 2024 | Throneberry Law Group

Asbestos is a dangerous, naturally occurring mineral that was popular many years ago. This mineral was used in many industries because of its attractive qualities. Some of the features that make asbestos commercially desirable include durability, heat resistance, and fireproofing capabilities. Asbestos, when left undisturbed, is harmless. However, when it is damaged or disturbed, its fibers can get into the air, where they can be inhaled, resulting in aggressive and fatal illnesses like mesothelioma. Mesothelioma is a form of cancer that affects the lining of the lungs, abdomen, or heart. Today, the use of asbestos has significantly declined. However, legacy asbestos still poses a significant risk. Legacy asbestos refers to asbestos-containing materials that were used or installed in buildings and structures before the implementation of stricter regulations on asbestos use and handling. These are materials that were used and installed before the health risks of asbestos exposure became widely recognized. Legacy asbestos can be found in older homes, schools, hospitals, and industrial facilities.

While strict rules are in place that govern the handling of legacy asbestos, negligence continues to put many people at risk. In a recent significant legal move, the Attorney General of Illinois, General Kwame Raoul, filed a legal claim against the owners and operators of Lake Behavioral Hospital in Waukegan, Illinois. The hospital’s demolition subcontractors are also named in the legal claim. The claim alleges that the hospital and its subcontractors violated asbestos handling regulations. Specifically, the A.G. claims that the hospital and its subcontractors mishandled asbestos during a demolition project, posing serious health risks to workers and the general public. The lawsuit alleges that the owners and operators of the hospital and its subcontractors exposed people to asbestos fibers and dust, which, when inhaled, can lead to the development of mesothelioma and other serious illnesses. The A.G. is committed to ensuring the defendants are held accountable for putting workers and the public in danger.

This legal action comes after a federal investigation uncovered numerous violations that exposed many people to asbestos, thus putting them in grave danger. The United States Department of Labor’s Occupational Safety and Health Administration (OSHA) reported serious breaches by K.L.F. Enterprises. This subcontractor knew the risks that asbestos exposure posed to workers and others.

Debunking Myths About Mesothelioma VA Benefits

July 16, 2024 | Throneberry Law Group

Mesothelioma is a type of aggressive and fatal cancer. This illness affects the lining of the lungs, abdomen, and heart. Till today, the only known cause of mesothelioma is asbestos exposure. Asbestos is a group of naturally occurring minerals that was widely used due to its durability, insulating properties, and heat resistance. After asbestos exposure, it can take decades for mesothelioma to develop. Veterans are at significant risk of developing mesothelioma because of the widespread use of asbestos in military buildings and equipment until the late 20th century. Veterans who develop mesothelioma may be eligible to recover benefits from the U.S. Department of Veterans Affairs (VA).

Many myths persist about mesothelioma VA benefits. In this article, we debunk some of these myths.

Myth #1: Mesothelioma Is Not Service-Related, So I Cannot Get VA Benefits

Asbestos Laws

July 15, 2024 | Throneberry Law Group

Asbestos, a naturally occurring mineral that was once widely used in several industries, including the construction industry, due to its durability, heat resistance, and other attractive qualities, has been found to pose significant health risks. Asbestos exposure can lead to the development of various illnesses, such as mesothelioma, lung cancer, and asbestosis. While prolonged asbestos exposure is more likely to cause a disease like mesothelioma, the reality is that there is no safe level of asbestos exposure. Being exposed to asbestos once is enough to cause health issues.

Since the dangers of asbestos became widely known in the United States, laws have been established aimed at mitigating these risks. Rules are in place that address the use, handling, and disposal of asbestos to protect people. Recently, the U.S. Environmental Protection Agency (EPA) announced a final rule prohibiting the use of chrysotile asbestos in the United States. Below, we look at some of the laws pertaining to asbestos implemented by the EPA.

Key EPA Asbestos-Related Laws

Top U.S. States for Asbestos Exposure and Mesothelioma

July 3, 2024 | Throneberry Law Group

Asbestos is a group of naturally occurring fibrous minerals. When asbestos is disturbed or damaged, the tiny fibers can be released into the air, where they can be inhaled or ingested. These fibers can become stuck in the mesothelium, resulting in inflammation and scarring. The inflammation can result in genetic changes where cell DNA changes into a mesothelioma cancer cell. The leading cause of mesothelioma is occupational asbestos exposure, which occurs when workers are exposed to asbestos while on the job. Mesothelioma can also be caused by second-hand asbestos exposure, which happens when a worker carries asbestos fibers home to their loved ones without knowing. While asbestos is no longer widely used, it still exists in some capacity all across the United States of America. However, some states are considered hotspots for asbestos exposure. Below are five of the U.S. states with the highest rates of asbestos exposure and mesothelioma.

California

There are several reasons why California is the leading state for asbestos exposure and mesothelioma. First, California has many asbestos-containing mines. These mines are in many counties across the state. Second, the heavy industrial activity in California, including oil and gas, mining, and shipyards, creates an increased risk of asbestos exposure. Third, California has the highest population, leading to increased cases.