Asbestos & Mesothelioma Law Blog

Philadelphia Teachers Accuse the District of Violating Their First Amendment Rights After Holding Asbestos Protests

October 12, 2023 | Throneberry Law Group

For purposes of this article, the teachers in this case will be referred to as E.T., C.G., and K.C.

Recently, schoolteachers from a school in Philadelphia filed a class action lawsuit accusing the district of violating their Constitutional rights. E.T. and C.G. teach at a public school in Philadelphia, while K.C. retired in June this year. According to the lawsuit, the teachers claim that the school withheld their pay after they protested having to work in dangerous conditions. The teachers gathered their workstations on the outside yard of the school because of fears that the school facilities might be asbestos-contaminated. The school withheld the teachers’ pay for unauthorized absences. According to the complaint, the district withheld the teachers’ pay for August 26 and 27.

According to an attorney representing all three teachers, the district knew that the teachers were not absent. According to the attorney, the district knew the teachers were working. The teachers’ attorney said that the district wanted to put an end to the protest, so it punished the teachers. According to the attorney, such an act violates the First Amendment. The First Amendment gives people the right to express themselves and assemble. According to the lawsuit, up to 50 teachers were unjustly punished and lost wages because of protesting. The affected teachers made it clear that they would not have had to take action if the school had provided them with complete information about asbestos remediation efforts and the dangers of asbestos.

Court Allows World Trade Center Worker’s Mesothelioma Lawsuit to Proceed

October 5, 2023 | Throneberry Law Group

For purposes of this article, the victim in this case will be referred to as K.L.

In a recent court decision, a New York judge allowed a World Trade Center worker’s mesothelioma claim to proceed. When K.L. was diagnosed with malignant mesothelioma, it was clear where his illness had come from. K.L. suffered asbestos exposure while working as a subcontracted employee at the World Trade Center when it was being built. K.L. worked at the WTC starting in 1972. According to the mesothelioma claim, ALCOA was to blame for K.L. suffering asbestos exposure. ALCOA, a general contractor, used asbestos-contaminated products close to where K.L. worked, resulting in K.L. suffering asbestos exposure. According to the mesothelioma claim, ALCOA created a dangerous condition for K.L. despite knowing about the dangers of asbestos.

After learning about the claims against them, ALCOA filed a motion for summary judgment. ALCOA argued that it should not have to defend itself against the claims. The defendant argued they did not supervise or control K.L.’s work as a sub-contracted employee. Additionally, ALCOA presented a memo dated May 15, 1970, that showed an agreement regarding the costs of switching to an asbestos-free product. In other words, the memo was meant to show that ALCOA had stopped using asbestos-containing materials by 1972, the time K.L. started working at the WTC.

Chemotherapy and Hair Loss: Why it Happens and How to Cope

September 24, 2023 | Throneberry Law Group

Unfortunately, there is still no cure for mesothelioma. However, the good news is that several mesothelioma treatment options exist. One of the mesothelioma treatments is chemotherapy. This treatment option involves using chemicals to kill cancer cells and prevent them from growing back. However, chemo is not for everyone. When deciding whether chemotherapy is a good option for a mesothelioma patient, doctors consider, among other things, cell type, tumor location, and the patient’s general health.

While chemotherapy is an effective mesothelioma treatment, side effects are common. Some side effects of chemo are minor, whereas others are severe. Sometimes, side effects are temporary, and other times, permanent. One of the common side effects of chemotherapy that can be either temporary or permanent is hair loss. However, most patients experience temporary hair loss. Hair loss can be distressing to a mesothelioma patient, whether temporary or permanent. Hair loss can make a patient feel self-conscious, vulnerable, and exposed. Hair loss can even result in feelings of depression and anger. Below, we discuss how chemotherapy causes hair loss and how to cope with chemo-related hair loss.

How Does Chemotherapy Cause Hair Loss?

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