Asbestos & Mesothelioma Law Blog

Pennsylvania Court Allows Mesothelioma Lawsuit to Proceed Against Employer

April 15, 2023 | Throneberry Law Group

The Pennsylvania Common Wealth Court recently ruled that the exclusivity provision of the Pennsylvania state Occupational Disease Law applies to diseases that appear within four years and not to those with a long latency period like that of mesothelioma. This decision came after the University of Pittsburgh, also known as Pitt, one of the defendants in a mesothelioma claim, argued against a claim filed by an engineer who worked in the school, stating that they were protected from the claim by law.

The engineer worked at Pitt for 39 years, and during his time at the university, he was exposed to asbestos-containing products. According to the suit, the engineer suffered asbestos exposure until 2004 and only discovered he had mesothelioma in 2019, 15 years after exposure. The engineer filed the initial lawsuit. Sadly, he died before the case was concluded. The executor of the engineer’s estate took over the case.

The University of Pittsburgh filed a motion for summary judgment in response to the claim. The university argued that the exclusivity provision of the state’s Occupational Disease Law protects them from the claim. Pitt argued that the engineer could only file a Workers’ Compensation claim. The court rejected this motion, and the university appealed that decision. The Supreme Court then ruled that the law’s exceptions were not applicable in this case.

Mesothelioma and Self-Esteem

April 11, 2023 | Throneberry Law Group

A mesothelioma diagnosis can affect the patient in many ways. These effects can either be short-term or long-term. One of the major ways a mesothelioma diagnosis can affect a patient is by lowering their self-esteem. Self-esteem is how a person values and perceives themselves. It is based on what someone believes about themselves. The physical changes that come after a mesothelioma diagnosis or after a patient starts receiving mesothelioma treatment, such as hair loss, weight changes, and surgery scars, can affect how they feel about their appearance and body image. Also, unproductivity and dependency can lead to a mesothelioma patient having low self-esteem. Luckily, there are steps mesothelioma patients can take to maintain their self-esteem at a healthy level.

How Mesothelioma Causes a Decrease in Self-esteem

Coping with mesothelioma presents great challenges, some of which can negatively affect a patient’s self-esteem. A patient dealing with things such as weight loss/gain, hair loss, and scarring may end up with low self-esteem. When patients look at themselves in the mirror, they want to be happy with what they see. Unfortunately, that does not always happen. Some patients do not like how they look without hair, with more/less weight, or with scars.

Owner of Former Vermiculite Mine Proposes $18.5 Million to the State of Montana

March 27, 2023 | Throneberry Law Group

The owner of an old asbestos mine in Libby, Montana, W.R. Grace, recently offered the state of Montana over $18 million to settle the state’s claims for natural resource damages. Montana has claimed substantial damage to its natural and environmental resources due to the irresponsibility of W.R. Grace & Co.’s business practices while operating the mine. The settlement will relieve the company from many of its liabilities to Montana but will still hold the mining company answerable for its reckless mistakes.

Some Background on the Mine

W.R. Grace & Co. owned and operated a mine that was used to extract and grind vermiculite, a substance found close to asbestos. Because of its closeness to asbestos, it is easy for vermiculite to be asbestos-contaminated.

Do I Need a Specialist to Treat Mesothelioma?

March 24, 2023 | Throneberry Law Group

Mesothelioma is a rare disease that develops after a person is exposed to asbestos. Unfortunately, there is still no cure for this rare but fatal illness. However, the good news is there are various treatment options for mesothelioma. If you have a history of asbestos exposure and are experiencing mesothelioma symptoms, you may wonder if any doctor can treat your illness or if you need to find a specialist.

So, do you need a specialist to treat mesothelioma? If you have mesothelioma, you need a specialist to treat you. Not all physicians can treat mesothelioma. A mesothelioma specialist can create a personalized treatment plan for you, depending on your disease type, the stage the disease is in, the cell type, and your characteristics.

Who is a Mesothelioma Doctor?

Can a Dust Mask Protect From Asbestos?

March 14, 2023 | Throneberry Law Group

Asbestos is quite hazardous. Inhaling or ingesting asbestos can lead to various illnesses like mesothelioma, asbestosis, and lung cancer. Because of this, it is vital for people at risk of encountering asbestos to protect themselves. For construction workers and carpenters, for instance, wearing a dust mask protects them from dust and dirt. A dust mask is a standard part of PPE in many workplaces. But can a dust mask protect from asbestos?

The general rule is that a dust mask is insufficient to protect from asbestos. A simple dust mask may not be enough to prevent a person from developing an asbestos-related illness like mesothelioma. Indeed, a dust mask may stop some asbestos fibers, but it is not enough. It is best not to trust a dust mask to protect from asbestos and asbestos-related illnesses.

The Risk of Asbestos

Legacy Asbestos: Some Crucial Information You Should Have

March 3, 2023 | Throneberry Law Group

Asbestos is a substance that can cause several life-threatening diseases, such as mesothelioma, asbestosis, and lung cancer. This dangerous mineral is no longer used as frequently as it was many years ago because of strict regulations. Unfortunately, even though asbestos is no longer being used as it was before the 1980s, there is a significant risk of people being exposed to legacy asbestos.

What is Legacy Asbestos?

Legacy asbestos was put in place before governments started regulating the use of asbestos, but it still presents a hazard. The passing of time and forgetting of asbestos that was put in place many years ago is what causes asbestos to become legacy asbestos. Unfortunately, most people do not know that legacy asbestos exists, and that is what makes legacy asbestos so dangerous.

How to Handle a Mesothelioma Deposition

February 26, 2023 | Throneberry Law Group

Depositions are part of the discovery process where involved parties collect information in preparation for the trial. A mesothelioma deposition involves the plaintiff and other parties relevant to the case answering questions or providing testimony under oath. Depositions help the claimant’s and defense’s sides learn more about the case. In other words, mesothelioma depositions are a crucial part of successful lawsuits.

Understandably, claimants and witnesses supporting the claimant might feel nervous before a deposition. Fortunately, mesothelioma lawyers are available to help with preparation. A qualified attorney can help explain in advance the kind of questions the opposing attorney is likely to ask. An attorney can help guide you through the process of a mesothelioma deposition.

Arrive Well-Rested

How to File a Mesothelioma Claim

February 18, 2023 | Throneberry Law Group

If you or a dear one was diagnosed with mesothelioma, you might have the right to file a claim and recover compensation from negligent parties. Though mesothelioma compensation cannot undo what happened, it can help with, among other things, the high cost of treatment and provide financial security. By seeking compensation, you can hold the people or companies that caused your or your loved one’s illness accountable.

Why File a Mesothelioma Claim?

Mesothelioma compensation can help pay for, among other things, the following;

Court Denies Petition for Veterans Mesothelioma Claim Based on Nuclear Submarine Asbestos Exposure to Be Dismissed

February 11, 2023 | Throneberry Law Group

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

Veterans are at a high risk of developing asbestos-related illnesses like mesothelioma. This is especially true for people who served in the military between 1935 and 1975. According to research, it was at this period that asbestos use in the military was at its highest. The military favored using asbestos-contaminated products because this material is fire-resistant and highly durable. In particular, navy vessels, such as submarines, had many asbestos products. As a result, thousands of veterans who worked on navy vessels have developed asbestos-related diseases like mesothelioma. Mr. A.O.H is just one example of the many U.S. veterans who have developed mesothelioma after exposure to asbestos while serving in the U.S. Navy aboard nuclear submarines.

Mr. A.O.H. was diagnosed with mesothelioma three years ago. After his diagnosis, he and his spouse filed a lawsuit against Armstrong Pumps. Mr. H blames Armstrong Pumps for his asbestos exposure while he was part of the U.S. Navy aboard nuclear submarines. Specifically, A.O.H. blames his mesothelioma on the Armstrong pumps he worked with. The pumps were located close to where Mr. H used to work, and his work included supervising the maintenance of the pumps.

Some Crucial Questions to Ask a Mesothelioma Lawyer Before Hiring Them

February 4, 2023 | Throneberry Law Group

If you or someone you care about was recently diagnosed with mesothelioma, it is best that you retain a lawyer to help you with your compensation claim. When you work with a mesothelioma attorney, you can expect them to conduct thorough investigations and handle all the legal aspects of your case on your behalf. You can expect your attorney to do their best to ensure you recover fair compensation. That is why it is crucial that you hire a skilled attorney who has, among other things, the resources needed to help them gather information and evidence about the asbestos exposure that led to the diagnosis. To ensure you are hiring the best mesothelioma lawyer, consider asking the lawyers you schedule an initial consultation with, among many others, the following questions;

How long have you been representing mesothelioma patients and families of mesothelioma victims?

Even a lawyer who is new to handling mesothelioma cases may be able to assist you. However, the truth is that mesothelioma lawyers and firms that have been representing mesothelioma patients and families of mesothelioma patients for years or decades are in a better position to give your case the highest likelihood of success. Experienced attorneys understand complex laws. They know which evidence they need to gather to win a case and how to negotiate.