Asbestos & Mesothelioma Law Blog

Why is it Important to Act Fast After a Mesothelioma Diagnosis?

November 23, 2022 | Throneberry Law Group

Mesothelioma is a rare type of cancer that develops after asbestos exposure. According to research, approximately 3,000 people are diagnosed with this rare disease every year in the United States. While mesothelioma occurs more often in men, it can occur in women too. After asbestos exposure, it can take decades for a person to find out they have mesothelioma. However, while the onset of mesothelioma symptoms can be slow, this rare disease can be aggressive. It is advisable for mesothelioma victims and their families to act fast after a mesothelioma diagnosis.

After a mesothelioma diagnosis, a victim and their family can file a claim against the negligent party responsible for the illness. For example, after someone develops mesothelioma after getting exposed to asbestos while working with asbestos-contaminated products, they can sue their employer who failed to protect them from asbestos exposure. However, it is best to be aggressive when pursuing financial and legal remedies after a mesothelioma diagnosis. Below are two of the main reasons why it is best to be aggressive when pursuing financial and legal remedies after a mesothelioma diagnosis.

A Personal Injury Claim Can Quickly Become a Wrongful Death Claim

Workers’ Compensation for Mesothelioma

November 16, 2022 | Throneberry Law Group

Occupational asbestos exposure is quite common. Some of the high-risk jobs include construction, firefighting, engineering, sheet metal fabrication, and roofing. After a worker develops mesothelioma or another asbestos-related illness, they may be eligible for workers’ compensation if they suffered asbestos exposure while on the job. However, before selecting workers’ compensation as the compensation option, it is crucial that a mesothelioma patient fully understands all their legal options. There are many other ways of seeking compensation after developing mesothelioma due to occupational asbestos exposure. Before filing a workers’ compensation claim, a mesothelioma patient should speak to a qualified lawyer. There may be another way to recover more compensation.

Workers’ Compensation for Mesothelioma Victims

Workers’ compensation is a form of insurance employers are required to have. This form of insurance compensates employees who are injured or who develop illnesses because of their job. However, when a person files a workers’ compensation claim, they usually lose the right to file a lawsuit against their employer. People who get exposed to asbestos while at work and who end up developing mesothelioma or other asbestos-related illnesses may be eligible for workers’ compensation.

Ford Fails to Have a Mesothelioma Lawsuit Dismissed

November 4, 2022 | Throneberry Law Group

The Supreme Court of the State of New York recently denied a petition from Ford Motor Company asking the Court to shut down mesothelioma lawsuit against them. When the defendant in this case, who for purposes of this article will be referred to as J.S., discovered he had mesothelioma, he and his spouse filed a lawsuit against Ford Motor Company. According to the lawsuit, the company is responsible for J.S.’s exposure to asbestos-containing parts during his years at a dealership in Orchard Park. What is interesting about this case is that Ford did not deny that the parts J.S. was dealing with were asbestos-contaminated. The company also didn’t deny the fact that asbestos is a toxin.

After J.S. discovered he had mesothelioma at age 65, he filed a lawsuit against Ford Motor Company, the company responsible for his asbestos exposure, thus, his illness. According to J.S.’s lawsuit, he worked as a delivery man for the dealership in Orchard Park. During his time in this position, J.S. was exposed to asbestos-containing dust when he unlocked boxes and dealt with brakes and clutches from Ford. In his claim, J.S. also stated that he had maintenance, cleaning, and sweeping duties during his time at the dealership. On top of that, J.S. stated in his lawsuit that he suffered asbestos exposure through his interaction with mechanics performing clutch and brake jobs.

The defendant did not deny that J.S.’s work involved dealing with asbestos-contaminated products. The company did not deny that asbestos is dangerous and can cause illnesses. Ford’s argument was focused on whether J.S.’s closeness to their parts was enough to result in him developing his illness. The company’s argument centered on whether chrysotile asbestos caused risk compared to amphibole asbestos. Also, Ford Motors argued that therapeutic radiation could have caused J.S.’s illness.

Proving a Mesothelioma Claim

October 22, 2022 | Throneberry Law Group

After a person is diagnosed with mesothelioma they may be entitled to recover compensation from the party responsible for their asbestos exposure. However, compensation does not come automatically. A mesothelioma patient needs to undergo a specific process to recover compensation. For example, a mesothelioma patient can file a mesothelioma claim against the negligent party. After filing their claim, a mesothelioma patient will need to prove their case before they can recover compensation. Fortunately, lawyers are available to help mesothelioma patients with their claims. In fact, it is not advisable to handle a mesothelioma claim without a legal representative.

Proving Asbestos Exposure

In any mesothelioma claim, asbestos exposure must be proven. After a mesothelioma patient hires a lawyer, the lawyer will want to look at the patient’s diagnosis. Because asbestos exposure is the primary cause of mesothelioma, a doctor’s diagnosis can help prove asbestos exposure.

Why is it Hard to Diagnose Mesothelioma?

October 14, 2022 | Throneberry Law Group

Mesothelioma is a type of cancer that develops after a person is exposed to asbestos. There is no cure for mesothelioma. The good news, however, is that there are several treatment options available for mesothelioma patients. But, to have a good chance of fighting the disease, mesothelioma patients need to be diagnosed early before the disease has reached its later stages. Treating mesothelioma when it has reached its later stages is usually difficult. Unfortunately, most people who receive a mesothelioma diagnosis will also be told their prognosis is not good. Many people are getting diagnosed with mesothelioma when the disease has reached its later stages.

So, what makes it hard to diagnose mesothelioma? The following are five reasons why diagnosing mesothelioma is difficult.

People Assume Asbestos is Banned

Is Mesothelioma Hereditary?

October 10, 2022 | Throneberry Law Group

It is common to see more than one member of the same family developing mesothelioma. Because of this, some people have concluded that mesothelioma is hereditary. But is it true that mesothelioma is hereditary? No . . . The answer to this question is not as easy as it might seem. The primary cause of mesothelioma remains asbestos exposure. However, outlier researchers suggested that people who inherit a particular type of gene are more vulnerable to developing mesothelioma, especially if exposed to asbestos.

How Genetics Impact Mesothelioma Development

There is an outlier body of research that suggests inheriting a particular type of gene can raise an individual’s likelihood of developing mesothelioma, especially if exposed to asbestos. In other words, the research suggests that genetics is a risk factor for mesothelioma. As a risk factor, the research suggests genetics can increase the risk of mesothelioma development. However, asbestos remains the direct cause mesothelioma.

Four Things to Do if You Have Been Exposed to Asbestos

October 7, 2022 | Throneberry Law Group

According to the Environmental Protection Agency, asbestos is a mineral fiber that occurs in soil and rocks. Asbestos was widely used before the 1980s in, among other things, building materials. It was in the 1980s that the dangerous effects of this mineral became widely known. However, although asbestos is not commonly used today, it is still used in some products. Also, asbestos can be found in old buildings. This means that asbestos exposure remains a problem. Asbestos can cause various deadly diseases, such as mesothelioma, asbestosis, and lung cancer.

The following are four steps that should be taken after someone gets exposed to asbestos or if someone has a history of asbestos exposure.

Consult a Doctor Early

Complications From Mesothelioma and Mesothelioma Treatment

September 25, 2022 | Throneberry Law Group

After mesothelioma develops, complications can arise. Complications can arise due to the illness itself or due to treatment. Because mesothelioma usually affects the pleural mesothelium, respiratory complications are the most common complications from mesothelioma. However, apart from respiratory complications, there are many other complications that mesothelioma patients experience. This article discusses some of the other complications patients experience from mesothelioma and some of the complications patients experience from treatment.

Complications From Mesothelioma

The following are some other possible complications from mesothelioma;

Common and Uncommon Places You Could Find Asbestos

September 12, 2022 | Throneberry Law Group

Asbestos is a group of minerals that occur naturally in soil and rock. It is made up of heat-resistant fibers. Apart from being resistant to heat, asbestos is also resistant to rot and rust. Because of its properties, asbestos is considered a very versatile product. However, as much as asbestos might sound harmless, the truth is that asbestos exposure can lead to the development of aggressive and deadly diseases like mesothelioma. Being exposed to asbestos once is enough to lead to the development of an illness.

Unfortunately, there is still no widespread ban on asbestos in the United States of America. In the U.S., asbestos continues to be used in different products. And even if a ban is put in place, many industries used asbestos in the past for various purposes. It is still possible for asbestos-contaminated products to exist even with an asbestos ban in place.

Asbestos can be found in many places. This dangerous mineral can also be found in places one would not expect. Below is a look at some common and uncommon places where you could find asbestos.

Mesothelioma Wrongful Death Claims

September 9, 2022 | Throneberry Law Group

A mesothelioma wrongful death claim is a claim that is filed after a victim passes away. It is a type of claim that allows surviving family members to recover compensation from negligent parties, such as manufacturers of asbestos-contaminated products. Mesothelioma wrongful death claims are typically filed against individuals and companies who knew that certain products were dangerous but failed to give a warning. The following is more on mesothelioma wrongful death claims.

Who is Allowed to File a Mesothelioma Wrongful Death Claim?

In a mesothelioma personal injury claim, the plaintiff, that is, the person bringing the claim and seeking compensation, is usually the patient who has suffered harm because of the negligence of another party. When it comes to wrongful death claims, the patient is not the one bringing the claim and seeking compensation as they are not alive.