Asbestos & Mesothelioma Law Blog

Questions to Ask After a Mesothelioma Diagnosis

February 12, 2022 | Throneberry Law Group

If you just learned that you have mesothelioma, there is a lot you need to know, and so it is understandable if you have a lot of questions on your mind. It is vital that you ask your cancer care team all those questions. You should ask all questions without worrying that a question is irrelevant or small. When it comes to mesothelioma, no question is small or irrelevant. Mesothelioma is a complicated and aggressive disease, so it is crucial that you ask all the questions you can think of. If you cannot get an answer to a question, ensure you keep pushing for an answer.

However, although no question is small or irrelevant, it is crucial that you ask certain questions. The following are some of the specific questions the American Cancer Society recommends asking after being told you have mesothelioma;

What type of mesothelioma am I suffering from?

Mesothelioma Clinical Trials

February 5, 2022 | Throneberry Law Group

Mesothelioma specialists are working tirelessly to create new mesothelioma treatments. Specialists are working hard to develop new ways to prevent and detect mesothelioma. Currently, there are several treatment options available for mesothelioma that have already been tested in clinical trials and approved. A good number of prevention and detection methods for mesothelioma have also been tested in clinical trials and approved. Usually, the U.S. Food and Drug Administration requires that a treatment option, prevention method, or detection method undergo three or four trial phases before it grants approval. This is because clinical trials are crucial in identifying effective and safe treatments, prevention methods, and detection methods. Current treatment options, detection methods, and prevention methods are the result of successful past clinical trials.

What are Mesothelioma Clinical Trials?

Generally, mesothelioma clinical trials include:

Seven Myths About Asbestos Debunked

February 1, 2022 | Throneberry Law Group

Despite all the available information, many myths about asbestos, the dangerous naturally occurring mineral that causes life-threatening illnesses, persist. Unfortunately, many people continue believing these myths, which can prevent individuals from seeking necessary medical treatment and/or exploring their legal options after a diagnosis.

Below, we will debunk seven of the most prevalent myths about asbestos.

Myth #1: All Asbestos Use Has Been Banned

New California Law Aims to Provide Justice for Surviving Family Members in Mesothelioma Cases

January 22, 2022 | Throneberry Law Group

California has allowed victims’ pain and suffering damages to die with them for decades. In other words, California has long barred surviving family members from obtaining pain and suffering damages. Usually, pain and suffering damages are the greatest sum of money at stake in a civil suit. For a very long time, California law limited the damages that surviving family members could recover to the loss or damage that the decedent incurred before their death, including punitive damages that the decedent could have been entitled to recover if they had lived.

Finally, in January 2022, amendments to the California law that long barred surviving family members from recovering pain and suffering damages went into effect. California’s new law now allows surviving family members to recover pain and suffering damages on behalf of their deceased loved ones. Senate Bill No. 447 (SB 447) increased the number of payable damages to include pain and suffering damages.

Before the passing of SB 447, liable parties used to take advantage of the fact that surviving family members could not recover pain and suffering damages, which often resulted in multi-million-dollar payouts. When companies and individuals were sued, they used to drag out the trial, hoping that the plaintiff would die, allowing them to save money. To some, the previous California law rewarded companies and individuals for bad behavior (prolonging court procedures). Hopefully, SB 447 will end the injustice by allowing family members to pursue suffering damages even if their loved one dies before their claims are resolved.

How Expert Witnesses Can Help Your Mesothelioma Case

January 20, 2022 | Throneberry Law Group

When it comes to mesothelioma lawsuits, it is usually a good idea to look for expert assistance. An attorney is one of the experts a patient or the family of a mesothelioma patient needs to work with. Another expert that might prove beneficial to a mesothelioma case is an expert witness. Usually, expert witnesses are necessary in personal injury cases where medical and legal issues become complex, and mesothelioma lawsuits almost always involve complex medical and legal issues.

Read on to learn how an expert witness can help your mesothelioma case.

What is an Expert Witness?

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.