Asbestos & Mesothelioma Law Blog

Some Crucial Things to Remember About Mesothelioma Claims

September 16, 2023 | Throneberry Law Group

After a person is diagnosed with mesothelioma, their life and that of their family can drastically change. A mesothelioma diagnosis is not only emotionally draining, but it can also be financially draining. While there is still no cure for mesothelioma, several treatment options exist. Mesothelioma treatment can be expensive. Treating mesothelioma can range from tens of thousands to millions of dollars. Mesothelioma treatment costs usually vary based on, among other things, treatment type and location. Fortunately, when a mesothelioma diagnosis can be linked to asbestos exposure, a victim or a victim’s loved ones can file a compensation claim. A party responsible for harmful asbestos exposure, which results in a mesothelioma diagnosis, is liable for damages resulting from the diagnosis.

If you or a loved one was recently diagnosed with mesothelioma, there are several things you need to know about mesothelioma claims. This article discusses three basic things you need to remember about mesothelioma claims.

#1: Mesothelioma Claims are Usually Paid by Insurance Companies

Alternative Dispute Resolution for Mesothelioma Cases

September 10, 2023 | Throneberry Law Group

While some people suffer asbestos exposure because of nobody’s fault, often, asbestos exposure happens because of other people’s negligence. In the United States of America, if a person develops mesothelioma or another asbestos-related illness after suffering asbestos exposure because of another person’s negligence, the victim or their family can file a mesothelioma claim and recover compensation from the negligent party. Often, people choose to litigate mesothelioma cases in court. However, litigation is not the only way to resolve mesothelioma cases. Alternative dispute resolution (ADR) methods are available, and these alternatives offer several benefits over traditional court proceedings. In this article, we discuss the different forms of ADR for mesothelioma cases and the benefits of each.

Settlement Negotiations

The first form of ADR for mesothelioma cases is settlement negotiations. Negotiations entail the claimant’s attorney sending a demand letter to the liable party or parties. In the demand letter, the attorney outlines the facts of the case, evidence supporting the case, and what they are demanding in compensation. The liable party or parties then respond to the letter. An agreement is reached if the responsible party or parties agree to the demands immediately. However, rarely do liable parties agree to claimants’ demands right away. Often, liable parties will make a settlement offer that is less than what the plaintiff is asking for. After an offer is made, the claimant’s attorney responds with a counteroffer. The back-and-forth between the claimant’s attorney and the liable party or parties then continues until an agreement is reached.

Hope for Mesothelioma Victims After Judge Denies Johnson & Johnson’s Second Bankruptcy Attempt

September 1, 2023 | Throneberry Law Group

U.S. Bankruptcy Judge Michael Kaplan denied Johnson & Johnson’s second bankruptcy attempt in a recent court decision. This decision offers hope to many mesothelioma and ovarian cancer victims seeking justice from Johnson & Johnson. The consumer giant is facing tens of thousands of negligence claims accusing its talc powder product of causing mesothelioma and ovarian cancer.

Sometime back, Johnson & Johnson formed its subsidiary, LTL Management, for the purpose of carrying its talc liabilities into Chapter 11 bankruptcy. When a company is facing mesothelioma or other asbestos-related lawsuits, the company can file for Chapter 11 bankruptcy. Once the bankruptcy filing is approved, the company is required to establish a trust fund and put aside money to compensate people harmed by asbestos. In 2021, LTL Management filed for Chapter 11 bankruptcy and offered $2 billion in settlement for victims and their families. An NJ bankruptcy court approved this first filing, but a higher court reversed the decision citing that the company filed for bankruptcy without any real financial distress, thus, lacked good faith.

Johnson & Johnson did not give up and, through its subsidiary, filed for bankruptcy for the second time. The company offered $8.9 billion in settlement in the second bankruptcy filing for the victims and their families. This is over four times the amount Johnson & Johnson had offered during the first bankruptcy filing. However, despite this and the fact that about 60,000 plaintiffs and some attorneys representing plaintiffs supported the proposed settlement, many more people argued against the move. According to those who do not support Johnson & Johnson’s attempt to declare bankruptcy, allowing Johnson & Johnson to declare bankruptcy would mean that victims and their families will be forced to agree to insufficient terms and will prevent those who may be diagnosed in the future from pursuing justice.

Common Grief Responses After Losing a Loved One to Mesothelioma and How to Cope

August 26, 2023 | Throneberry Law Group

A mesothelioma diagnosis can cause grief in patients, family, and friends. It can be especially difficult for surviving loved ones of those who die of mesothelioma. Losing a loved one to an aggressive cancer can be extremely difficult because someone may have been taken too soon. While mesothelioma can take a long time to develop, once it does, it can progress fast, thus leading to an early death.

After someone loses a loved one to mesothelioma, it can take time to overcome grief. Also, the grieving process may involve various feelings and behaviors. Below, we share some of the common grief responses to losing a loved one to mesothelioma and how to cope.

Common Grief Responses to Losing a Loved One to Mesothelioma

Mesothelioma Lawsuit Against Boiler Manufacturer to Continue With Punitive Damages Charge

August 19, 2023 | Throneberry Law Group

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

In a mesothelioma case, you can recover compensatory damages just like in any other personal injury case. These are damages meant to compensate the plaintiff for the harm suffered. Claimants in mesothelioma claims may also be eligible to recover punitive damages. However, punitive damages are not awarded in all mesothelioma cases. This is because these damages are meant to punish defendants and not compensate victims or their families. Punitive damages are only awarded when the court determines that the defendant acted particularly egregiously or with the intent to cause harm. Any person found guilty of this kind of conduct pays the plaintiff’s compensatory damages and an additional amount meant to punish them and warn others from acting the same in the future.

Because of the financial burden punitive damages place on defendants, some try to dismiss a claim for such damages. In a recent mesothelioma case, the defendant, a boiler manufacturer, tried dismissing a claim for punitive damages. However, the judge sitting in the case denied the defendant’s petition and allowed the case to continue in its entirety. Burnham LLC, one of the defendants being blamed for the malignant mesothelioma that killed M.F.B. in 2021, could be required to pay the deceased’s punitive damages at the end of the case after the court ruled that the company was unable to prove that punitive damages were not warranted.

J&J Promises to Challenge $18.8 Million Judgement Against it in Talc Case Against Pericardial Mesothelioma Victim

August 11, 2023 | Throneberry Law Group

For purposes of this article, the plaintiff in this case will be referred to as A.H.V.

Johnson & Johnson, the famous American corporation, has been sued by tens of thousands of people for its talc-based products. According to claimants, the company’s baby powder and other talc products sometimes contained asbestos. Asbestos is a dangerous substance that can cause mesothelioma and other fatal illnesses. Most litigation has been halted during bankruptcy proceedings, but J&J faced a setback after a recent ruling. Recently, a California jury decided that a particular plaintiff who filed their case against J&J in 2022 is entitled to $18.8 million for his medical expenses and pain and suffering. This is a lot of money for a company seeking to settle thousands of similar claims. The case proceeded after the U.S. Chief Bankruptcy Judge overseeing J&J’s subsidiary LTL Management’s Chapter 11 bankruptcy allowed it to proceed. The case was allowed to proceed mainly because the plaintiff’s mesothelioma is extremely rare. This makes his case different from most of the other pending cases against J&J.

The plaintiff in this case, A.H.V., filed his legal claim in 2022 after being diagnosed with a rare kind of mesothelioma. A.H.V. said that he developed mesothelioma in the tissue around his heart. This kind of mesothelioma is called pericardial mesothelioma. Research suggests that approximately 350 cases of this form of mesothelioma have ever been reported. According to the plaintiff, he developed pericardial mesothelioma because of the prolonged use of Johnson & Johnson’s baby powder as a child.

What are Some Defenses Used in Mesothelioma Cases?

August 1, 2023 | Throneberry Law Group

Companies facing asbestos exposure claims are rarely willing to accept liability and pay mesothelioma victims or families of victims the compensation they deserve. Companies in asbestos claims and lawsuits are usually represented by skilled attorneys armed with several defense strategies. And the truth is that some of the defenses defendants’ attorneys present in mesothelioma cases are quite strong. For this reason, it is vital that if you or a loved one were diagnosed with mesothelioma and you plan to file an asbestos exposure claim against the negligent party or parties, you hire a skilled attorney to represent you in your claim. In the legal system, there is a balance between the claimant’s and defendant’s interests. Defendants have the right to raise defenses, and claimants have the right to dispute the defenses raised by the defense side.

As someone planning to file a mesothelioma claim, it is crucial that you are aware of the possible defenses companies in asbestos exposure claims use. The following are a few of the defenses defendants in mesothelioma cases use.

Alternative Exposure

The Court of Appeals of Washington Rejects Caterpillar’s Arguments and Allows Navy Veteran’s Widow to Recover $4.5 Million Award

July 22, 2023 | Throneberry Law Group

For purposes of this article, the deceased Navy veteran will be referred to as E.E.

In a recent mesothelioma case, the Court of Appeals of Washington rejected arguments that Caterpillar presented and allowed a Navy veteran’s widow to recover a $4.5 million jury award. Before Navy veteran E.E. died of mesothelioma, he and his wife filed a legal claim against several companies they blamed for the illness. E.E. and his wife claimed that E.E. suffered asbestos exposure because of working with asbestos-contaminated pipe insulation while serving aboard the USS Curtiss. The USS Curtiss was the first purpose-built seaplane tender made for the U.S. Navy. E.E. and his wife also claimed that between 1955 and 1967, E.E. suffered asbestos exposure while working for several employers as a mechanic doing maintenance work on Caterpillar bulldozers. Apart from Caterpillar Inc., all the companies that were sued settled the claim out of court. Caterpillar Inc. filed a motion for summary judgment, but the court denied it. This resulted in the case against Caterpillar Inc. proceeding to court.

Unfortunately, the Navy veteran died before his case could be concluded. Fortunately, before E.E. passed away, he recorded a deposition about how he was exposed to asbestos. So in court, the jury listened to this testimony. The jury also listened to testimony from some expert witnesses and a corporate representative of the defendant. After listening to all testimonies, the jury members decided to award approximately $6.5 million in damages. E.E.’s estate was awarded $331,928 for economic damages and $3 million for E.E.’s pain and suffering. E.E.’s wife was awarded $2 million for loss of consortium, and E.E.’s children were awarded a total of $700,000. The $6.5 million award was offset by $1.5 million for other settlements that had already been reached, so in the end, the award stood at $4.5 million.

What are the Qualities of a Good Mesothelioma Lawyer?

July 16, 2023 | Throneberry Law Group

If you or a loved one were diagnosed with mesothelioma, you may have the right to take legal action to recover compensation for medical expenses and other damages caused by the diagnosis. If the illness resulted from asbestos exposure, you have the right to hold the negligent party or parties accountable.

Were you or a loved one diagnosed with mesothelioma? Are you considering filing a legal claim against the negligent party or parties? If so, it is best that you hire an attorney to help you file your legal claim. The right mesothelioma lawyer can ensure you make the best choice as you proceed through the claim process. They can help you acquire the maximum compensation possible.

If you are ready to hire a mesothelioma lawyer, you may be asking yourself, “What are the qualities of a good mesothelioma lawyer?” You may also be wondering how to find an excellent mesothelioma lawyer. Below, we share the qualities of a good mesothelioma lawyer and some tips on how to find the right lawyer.

Top Six Occupations at Risk of Asbestos Exposure in 2023

July 8, 2023 | Throneberry Law Group

Asbestos was widely used during the 20th century because of its durability. Millions of workers were exposed to asbestos during the 20th century. After the dangers were known, the Occupational Safety and Health Administration (OSHA) limited the use of asbestos. When asbestos fibers are inhaled or ingested, they can cause mesothelioma, an aggressive form of cancer, and other diseases such as asbestosis and lung cancer. While asbestos is not banned in the United States of America, regulations that have been put in place have reduced exposure in many occupations. However, many workers are still at risk of asbestos exposure. Below, we share six occupations still at risk of asbestos exposure in 2023.

Construction Workers

Countless buildings were made with asbestos-contaminated materials because asbestos was considered the perfect building material. Asbestos acts as an insulator, has good fire protection properties, and protects against corrosion. Many buildings constructed between 1920 and 1980 still have asbestos-containing materials. Construction workers who work in old buildings are at risk of asbestos exposure. Construction workers can suffer asbestos exposure when removing, repairing, or demolishing asbestos-contaminated materials. These actions can release asbestos particles into the air and make it easier for construction workers to inhale them.