Asbestos & Mesothelioma Law Blog

Managing Mesothelioma Symptoms

January 15, 2022 | Throneberry Law Group

According to Mayo Clinic, mesothelioma is a form of cancer that occurs in the mesothelium. Mesothelioma is a fatal form of cancer, and there is still no cure for it. However, treatment options are available. Often, mesothelioma is diagnosed at an advanced stage, and the main aim of treatment is to manage symptoms and keep them under control. This is known as palliative treatment. There are several ways patients can manage mesothelioma symptoms.

Below is a look at some of the most common ways of managing mesothelioma symptoms.

Disclaimer: The following is not medical advice. For medical advice, please speak to your doctor.

Can You Get Treated for Malignant Pleural Mesothelioma if You Do Not Qualify for Surgery?

January 6, 2022 | Throneberry Law Group

In a mesothelioma case, surgery is meant to remove cancer from the body. Mesothelioma surgery is intended to help an individual feel better and live longer. Surgery combined with chemotherapy, and, sometimes, radiation, is considered the best mesothelioma treatment.

Not All Mesothelioma Patients are Eligible for Surgery

Before a doctor can perform surgery on a mesothelioma patient, they must assess the patient to determine if they are qualified to undergo surgical treatment. Some pleural mesothelioma patients do not qualify for surgery, but most do. Most of those who are eligible to undergo surgical procedures usually undergo procedures aimed at improving symptoms and quality of life.

Why are Courts Seeing Many Secondary Asbestos Exposure Lawsuits?

December 31, 2021 | Throneberry Law Group

Secondary asbestos exposure, also known as second-hand asbestos exposure, is when someone who works directly with asbestos or asbestos-contaminated material carries asbestos fibers home and exposes their household members to those fibers. When a worker brings home asbestos fibers, they put their loved ones at risk of developing asbestos-related illnesses such as mesothelioma and asbestosis. Secondary asbestos exposure is especially frequent among women and children, although men too can fall victim to this kind of asbestos exposure.

Before the dangerous effects of asbestos became known, and before strict regulations were passed, people working with asbestos often brought home asbestos fibers in their person. However, over the decades, cases of second-hand asbestos exposure have reduced. Because of this reduction, one might wonder why courts are seeing many secondary asbestos exposure lawsuits. One main reason is that doctors are getting better at diagnosing asbestos-related diseases, such as mesothelioma. Years ago, if an individual without obvious asbestos exposure exhibited mesothelioma-like symptoms, they would have most likely been overlooked. However, today, because of the advancement in science and medicine, medical professionals are able to figure out if indeed a person without any obvious asbestos exposure is suffering from mesothelioma.

Mesothelioma Has a Long Latency Period

Is Mesothelioma Contagious?

December 30, 2021 | Throneberry Law Group

Mesothelioma, just like other forms of cancer, is not contagious. Touching, sharing meals, or even breathing the same air cannot spread mesothelioma. Generally, cancer cells from a cancer patient cannot live in the body of a healthy person because the immune system usually destroys foreign cells, including cancer cells from a cancer patient.

How Does a Person Get Mesothelioma?

Asbestos exposure is still the only known cause of mesothelioma. According to the American Cancer Society, about eight out of 10 people with mesothelioma have been exposed to asbestos. Asbestos is a highly toxic substance that was commonly used before the 1980s, especially in construction, because of its durability and heat-resistant properties. When asbestos is disturbed, asbestos fibers get released into the air. If a person inhales asbestos fibers, the fibers can get into the lungs. When asbestos fibers get into the lungs, they can travel to the pleural lining of the lung and chest wall. Over time, asbestos fibers that reach the pleura can cause inflammation and scarring and cause mesothelioma.

Wisconsin Jury Orders Company to Pay $26.5 Million to Family of Mesothelioma Victim

December 17, 2021 | Throneberry Law Group

Most juries spend weeks hearing evidence about how a victim developed mesothelioma and debating whether negligence played a part in the victim developing the disease. However, unlike most juries who disagree on evidence and whether negligence was involved, the Wisconsin jury in a recently decided mesothelioma case disagreed on the amount of compensation to be awarded to the victim’s family. While in the end, the jury members agreed that Pabst should pay the victim’s family more than $26 million, two of the jury members disagreed, arguing that the company should be made to pay much more.

The family of the mesothelioma victim, a grandfather who worked at Pabst Blue Ribbon’s Milwaukee Brewery, initiated the lawsuit. During his time at Pabst, the mesothelioma victim was exposed to asbestos. Pabst Blue Ribbon’s Milwaukee Brewery employed the mesothelioma victim in the 1970s. It was during those years that the dangers of asbestos and its role in mesothelioma became well known. But, despite Pabst knowing the dangers of asbestos and its role in mesothelioma, the company did not take any steps to protect its workers. Pabst even let its workers get exposed to asbestos in the lunchroom. Pabst’s lunchroom was equipped with asbestos-contaminated pipes from which asbestos fell.

Initially, the family accused Pabst Blue Ribbon’s Milwaukee Brewery and Wisconsin Electric (another of the victim’s former employers) of failing to provide its workers with a safe working environment. After the original claim was filed, Wisconsin Electric decided to settle the case outside the court. On the other hand, Pabst insisted on going to court. The company argued against its own responsibility, which angered the jury.

Ways Children Can be Exposed to Asbestos

December 9, 2021 | Throneberry Law Group

Usually, asbestos-related illnesses such as mesothelioma take years to appear. For this reason, mesothelioma is not common in children. Mesothelioma is much more common in older people with a history of asbestos exposure. However, since mesothelioma takes years before developing, children exposed to asbestos at a young age risk developing mesothelioma in their adult years.

So, how do children get exposed to asbestos? There are many ways in which a child can be exposed to asbestos. Below is a look at some of the most common ways children can be exposed to asbestos.

Secondhand Asbestos Exposure

Getting a Second Opinion on a Mesothelioma Diagnosis

November 29, 2021 | Throneberry Law Group

Mesothelioma is a rare form of cancer caused by inhaled asbestos fibers. It is estimated that around 3,000 new mesothelioma cases are diagnosed every year. Usually, mesothelioma develops from the thin layer of tissue that covers many of the internal organs. Unfortunately, mesothelioma is an aggressive and fatal cancer. Because of mesothelioma’s aggressive and deadly nature, early detection and treatment are quite important.

However, before beginning treatment after a mesothelioma diagnosis, getting a second opinion is important. Even though most patients begin treatment immediately after a first diagnosis, experts advise people to get a second opinion before starting treatment. It is also vital to get a second opinion if one goes to the doctor believing they have mesothelioma, only to be told they have another illness. Receiving a second opinion on a diagnosis, can among other things, help an individual;

Eliminate the possibility of a misdiagnosis,

Active Stress Management Techniques for Mesothelioma Patients

November 28, 2021 | Throneberry Law Group

Dealing with mesothelioma can be extremely difficult. Sadly, many mesothelioma patients suffer from stress. Unfortunately, stress can negatively affect a person’s physical and mental well-being. Among other things, stress can:

Cause mental health issues
Increase the risk of stroke

A Second-Hand Mesothelioma Lawsuit Proceeds Despite Wallboard Company’s Objections

November 19, 2021 | Throneberry Law Group

A family that lost a loved one after she developed mesothelioma through second-hand asbestos exposure will have their day in court after a Louisiana court denied a wallboard company’s request for summary judgment. The deceased (who, for purposes of this article, will be referred to as Mrs. J) died of mesothelioma at the age of 75. Before she died, Mrs. J filed a lawsuit against several companies, accusing them of negligently exposing her to the toxic mesothelioma-causing substance known as asbestos. Though most of the companies the deceased took to court compensated her, one particular company, Hopeman Brothers, Inc., chose to file a motion for summary judgment. The company filed a motion for summary judgment on the basis that Mrs. J had no proof that she had fallen victim to asbestos exposure because of their (Hopeman Brothers Inc.) products.

After Mrs. J died, her daughter continued the lawsuit. Mrs. J’s daughter maintains that her mother developed mesothelioma because of being exposed to asbestos through her grandfather, who used to come home with asbestos-contaminated work clothes. During the years that Mrs. J’s father worked at Avondale Shipyard, he worked in close proximity to Hopeman’s operations involving asbestos-contaminated wallboard. At that time, Mrs. J was still a child, and whenever her father got home, she would shake out his asbestos-contaminated work clothing, clean it, and clean up the asbestos that had accumulated on the floor.

Even though Hopeman accepted that some of their shipbuilding products were asbestos-contaminated, they argued that because Mrs. J’s father only worked on vessels that were pre-launch, he could not have been the one who took home the asbestos fibers and dust that led to his daughter developing mesothelioma. Hopeman claimed that their wallboard was only cut after a ship had been launched, meaning Mrs. J’s father, who worked on pre-launch vessels, could not have been exposed to asbestos. However, Mrs. J’s attorneys managed to present witnesses who said that wallboard was cut pre-launch at Wet Dock No. 2, where Mrs. J’s father had spent a tremendous amount of time cleaning up dust left behind. The witnesses also testified about the huge amount of dust that was generated, confirming that Mrs. J’s father would have carried asbestos fibers home on his work clothing.

Who Can File an Asbestos or Mesothelioma Trust Fund Claim?

November 7, 2021 | Throneberry Law Group

People have been filing mesothelioma and asbestos-related claims for more than three decades now. Over the years, asbestos companies that recklessly exposed people to asbestos have been forced to pay plaintiffs huge amounts of money. Because of the huge payouts, some companies started filing for bankruptcy. Generally, companies began filing for bankruptcy to avoid liability. Most of the companies that chose to file for bankruptcy were not able to avoid liability. This is mainly because, as part of the Chapter 11 bankruptcy, companies were required to establish trusts that would fund victims of asbestos exposure. This is where asbestos and mesothelioma trust funds originated from.

What are Asbestos and Mesothelioma Trust Funds?

Asbestos trust funds, asbestos bankruptcy trust funds, or mesothelioma trust funds are trust funds created on behalf of bankrupt asbestos companies with a possibility of having an asbestos suit filed against them. Many companies set up trust funds years ago after going bankrupt. They created the trust funds to pay out compensation to victims who had already filed their claims and any individuals who filed claims in the future. Generally, the purpose of asbestos and mesothelioma trust funds is to put aside money for current and future asbestos claims.