Asbestos & Mesothelioma Law Blog

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.

Some Crucial Things to Know About Mesothelioma Claims

July 1, 2023 | Throneberry Law Group

A mesothelioma claim is a legal action that allows mesothelioma patients and their families to recover compensation for the harm suffered. When someone develops mesothelioma because of another party’s negligence, they or their family can file a legal claim and recover financial compensation. Mesothelioma is an illness that occurs after someone is exposed to asbestos. This illness develops after loose asbestos fibers are inhaled or ingested.

If you believe you have a mesothelioma claim, there are some things you need to know about mesothelioma claims. Below, we discuss three crucial things you need to know about mesothelioma claims.

Types of Mesothelioma Claims

Debunking Some Common Myths About Chemotherapy

June 26, 2023 | Throneberry Law Group

There is still no cure for mesothelioma. However, there are several treatment options for this type of cancer. One of the ways to treat mesothelioma is through chemotherapy. Mesothelioma chemotherapy is a treatment that uses chemicals. This form of treatment involves taking drugs that kill cancer cells and prevent them from multiplying. Chemotherapy can be administered alone or in combination with other treatment options, such as surgery or radiation therapy.

Unfortunately, many myths abound about chemotherapy. It is crucial that mesothelioma patients and their families understand the truth about chemotherapy and avoid falling for myths about this form of treatment. At Throneberry Law Group, we have taken it upon ourselves to educate mesothelioma patients and their families about chemotherapy. Below, we debunk some of the most common myths about chemotherapy.

Myth #1: Chemotherapy is an Outdated Treatment

The Burden of Proof in Mesothelioma Cases

June 16, 2023 | Throneberry Law Group

Asbestos exposure can cause several illnesses. One of the illnesses people develop after suffering asbestos exposure is mesothelioma. According to statistics, around 3,000, new mesothelioma cases are diagnosed yearly in the United States. And while mesothelioma is more common in older people, even younger people can develop this illness. If you or a loved one were diagnosed with mesothelioma, you may be eligible to file a legal claim and seek compensation from negligent parties. However, if you are unable to meet the burden of proof, you may lose your case.

What is the Meaning of Burden of Proof in Mesothelioma Cases?

To date, the only known cause of mesothelioma is asbestos exposure. Asbestos exposure causes mesothelioma when a person inhales or ingests asbestos fibers, and the fibers get attached to the lining of the lungs, stomach, testes, or heart. However, it is up to the victim or their family to prove that asbestos exposure happened. This is what is called the “burden of proof.”

Five Crucial Things to Know About Asbestos and Mesothelioma

June 9, 2023 | Throneberry Law Group

If you or a loved one were diagnosed with mesothelioma, you might be eligible to file a legal claim against the party or parties responsible for the asbestos exposure and recover compensation for medical expenses, lost wages, and other damages. If the company responsible for the asbestos exposure declared bankruptcy, you may be eligible to file an asbestos trust fund claim. When it comes to asbestos and mesothelioma, there are several crucial things you need to know. This article discusses five of the most vital things you need to know about asbestos and mesothelioma.

Asbestos Has Been Used in Many Industries and Products

Because of its fiber strength and heat resistance, asbestos has been used in several industries. For example, it has been used in the construction and shipbuilding industry. Asbestos has been used in automotive and insulation manufacturing. This naturally-occurring mineral can also be found in, among others, the following materials and products:

Things to Be Positive for as a Mesothelioma Patient

June 5, 2023 | Throneberry Law Group

If you have been diagnosed with mesothelioma, you are likely going through a tough time trying to adjust to your new normal. You are likely struggling to remain positive while undergoing treatment. The battle with mesothelioma can make you feel like you have nothing to be thankful for. While it is understandable for mesothelioma patients to feel like there is no reason to be grateful, the truth is that there are several reasons to be thankful. As a mesothelioma patient, the following are some of the things you may be thankful for.

#1: Your Support System

Having a reliable support system is one of the biggest blessings when undergoing mesothelioma treatment. It is one of the best coping mechanisms. On days when you cannot do your usual tasks, like cleaning or going to the grocery store, your support system will be there for you.

The Louisiana Court of Appeal, Fourth Circuit Rejects Company’s Appeal of $36 Million Mesothelioma Verdict

May 24, 2023 | Throneberry Law Group

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

Mr. W.W. was exposed to asbestos during the 1960s and 1970s while working as a pipefitter and union welder for several plants. This was before the dangers of asbestos became known to many. Today, many people know about the dangers of asbestos and the role this substance plays in the development of fatal diseases like mesothelioma and asbestosis. Many years after asbestos exposure, Mr. W.W. was diagnosed with mesothelioma. A month after his diagnosis, he filed a mesothelioma claim against four companies he blamed for his asbestos exposure. Later, Mr. W.W. added thirty more companies to his claim. In 2022, the trial court awarded Mr. W.W. $36 million in damages, with Mr. W.W.’s former employer, Level 3, being ordered to pay $19.2 million. After the trial court made its decision, Level 3 petitioned for a new trial, but that request was denied. The company then decided to file an appeal. In a recent decision, the Louisiana Court of Appeal, Fourth Circuit rejected the company’s appeal and allowed Mr. W.W. to recover the damages awarded.

After the trial court awarded Mr. W.W. $36 million in damages, his former employer, Level 3, filed an appeal on several grounds. The company argued that during the original trial, mistakes were made. The company argued that the $36 million verdict was excessive and improper. According to Level 3, the verdict was based on emotion, compassion, and a desire to punish. The company argued that the judgment was not based on the law. In other words, the company claimed that the verdict was an abuse of discretion. Additionally, the company claimed that the trial court assigned them too great a portion of the $36 million verdict. Level 3 argued that Mr. W.W. should not have been allowed to pursue a strict liability argument against them and that the trial court made mistakes in some of their decisions regarding the evidence presented.

How to Care for Mesothelioma Patients Before and After Surgery

May 17, 2023 | Throneberry Law Group

There is still no cure for mesothelioma. Fortunately, there are various treatment options. One of the ways to treat mesothelioma is through surgery. Mesothelioma surgery can be conducted to cure cancer. This is achieved by removing the tumor from the tissue lining the abdomen or lung. This type of surgery is called curative surgery. Surgery can also be conducted to relieve pain and other symptoms caused by the tumor. This type of surgery is called palliative surgery. Most patients qualify for surgeries that relieve pain and symptoms.

If your loved one has mesothelioma and is about to undergo surgery, you may be wondering how to care for them before and after surgery. Below, we share some of the ways you can care for your loved one before and after mesothelioma surgery.

Caring for Your Loved One Before Mesothelioma Surgery

Chemotherapy for Mesothelioma

May 13, 2023 | Throneberry Law Group

Chemotherapy is a common mesothelioma treatment. This form of treatment involves using drugs aimed at killing cancer cells and helping slow tumor growth. Cisplatin and pemetrexed is the most popular mesothelioma drug combination. Other chemo drugs that can be used to treat mesothelioma include carboplatin, vinorelbine, and gemcitabine. And while, often, chemo drugs are given as combinations of two drugs, single drugs can be used in patients who cannot tolerate more than one drug. Read on to learn more about chemotherapy for mesothelioma.

How is Chemotherapy Given?

Usually, chemotherapy is given in cycles, with every treatment period being followed by a rest period. Rest is crucial as it helps the patient’s body to recover. Generally, chemotherapy cycles last about three to four weeks.

A New York Court Rules That a General Contractor Must Face Mesothelioma Victim’s Family in Court

May 3, 2023 | Throneberry Law Group

Asbestos can cause many health problems, including mesothelioma and asbestosis. There are different types of asbestos, and all can cause health problems. People who have suffered asbestos exposure and developed severe health problems have the right to take legal action against those who are to blame for their exposure. Often, asbestos exposure victims blame their exposure on producers, bosses, and others who had the duty to protect them. The family of such a victim filed a mesothelioma claim against a general contractor who failed to uphold his responsibility to provide workers with a safe working environment. The defendant tried to have the lawsuit dismissed, but the court ruled that the case should proceed to court and be decided by a jury.

After M.F. developed mesothelioma, a lawsuit was filed for his estate seeking compensation from multiple defendants. One of the defendants named in the case is Structure Tone, a general contractor. According to the lawsuit, the G.C. is guilty of negligence and violating NY’s Labor Law 200. Negligence claims in NY are based on a person’s duty to give the standard of care that a reasonably prudent person would under the same circumstances. Negligence relies upon an individual having power over the action that resulted in harm. The state’s labor law in question here follows the same principles. In this case, the plaintiff claims that the G.C. failed to provide workers with a reasonably safe working environment and that the failure to provide a safe working environment resulted in asbestos exposure and, thus, the development of mesothelioma.

The general contractor filed a motion to dismiss the claim on the ground that it could not have contributed to the victim’s illness. According to the courts, a party facing negligence accusations in a mesothelioma claim or another similar claim can have the case dismissed if they can unambiguously show they could not have played a part in causing the victim’s injury or illness. In other words, they can have the case dismissed if they provide evidence that convinces the court, without any doubt, that they couldn’t have contributed to the victim’s injury or illness. According to the G.C., M.F.’s testimony didn’t show he had suffered asbestos exposure at the locations he could remember working. The company’s executive V.P. also provided testimony that the company and its subcontractors hadn’t used asbestos-contaminated materials.