Asbestos & Mesothelioma Law Blog

Asbestos in Rental Properties and Apartments: Some Crucial Information for Tenants

August 22, 2021 | Throneberry Law Group

When it comes to apartments and rental properties, tenants usually care a lot about factors like the apartment or rental unit size, rent price, location of the apartment or rental, and safety features. Although these are important factors for tenants to consider, there are many more things people need to care about when it comes to the apartments or rentals they live in. For instance, tenants should be concerned about their rights in regards to asbestos in rental units and apartments. Even though asbestos is not widely used in construction anymore, this substance is still present in many rental properties built before the 1980s. Drywall, paint, cement, ceilings, floor tiles, roofing materials, insulation materials, plaster, and casing for electrical wires are features in older buildings that can contain asbestos materials.

What is Asbestos?

Asbestos, which is the name of a group of six unique minerals, is a naturally occurring fiber that is highly heat, electricity, and corrosion-resistant. Because of its qualities, asbestos was widely used in building materials from the early 1940s until its effects on human health became known in the 1970s. Many buildings built before the 1980s are thought to be asbestos-contaminated. Inhalation of asbestos fibers can lead to illnesses such as mesothelioma and asbestosis.

Preventing Asbestos Exposure

August 14, 2021 | Throneberry Law Group

Because of its resistance to corrosion, heat, and electricity, the naturally occurring mineral asbestos was a popular additive to various products in the 20^th century. Unfortunately, even though asbestos boasts of such qualities, this substance poses a threat to people’s lives. When inhaled, asbestos fibers can get stuck in a person’s body. Over time, trapped asbestos fibers can cause scarring, inflammation, and eventually asbestos-related illnesses like mesothelioma, a rare, aggressive, and fatal cancer. Usually, after asbestos exposure, it can take up to 60 years for someone to realize they have mesothelioma. Unfortunately, because of mesothelioma’s long latency period, sometimes people realize they are sick when it is too late. Nevertheless, it is vital to note that not everyone who falls victim to asbestos exposure develops mesothelioma.

As much as not every individual who falls victim to asbestos exposure develops mesothelioma, it is vital to take caution. Being cautious is especially important, considering the life expectancy of a mesothelioma patient ranges from 12 to slightly over 20 months. Even though asbestos is no longer commonly used, it still lingers in workplaces and homes. In the 20^th century, the cancer-causing substance was used in thousands of products, and many asbestos-contaminated materials can still be found in offices, homes, and factories across America. Therefore, to avoid asbestos exposure, people must educate themselves about the possible hiding places of asbestos. At work, workers may encounter asbestos in settings such as;

power plants

Civil and Criminal Regulatory Asbestos Cases: What is the Difference?

August 7, 2021 | Throneberry Law Group

When it comes to asbestos production and use, once an individual or company fails to abide by the set rules, they can either face criminal or civil charges. Different states enforce different rules, but both OSHA and the EPA have the right to enforce the law at the federal level. When it comes to the EPA, the agency takes the enforcement of environmental laws seriously. To the EPA, enforcing these laws ensures that human health and the environment remain protected. The U.S. Environmental Protection Agency works hard to ensure people and companies comply with environmental requirements. Whenever warranted, the agency will take either civil or criminal action against people or companies that violate environmental laws.

There is a huge difference between civil and criminal asbestos cases, and the Environmental Protection Agency addresses these differences on its website. According to the website, the two mainly differ in:

Legal standard

Identifying Asbestos. What Does This Toxic Substance Look Like?

July 24, 2021 | Throneberry Law Group

Asbestos is a natural mineral made of fibers that are resistant to corrosion, electricity, and heat. It is because of its qualities that the mineral was widely used in the 20^th century. However, even though asbestos boasts of these useful qualities, asbestos is highly toxic. When an individual inhales the asbestos fibers, the fibers can cause mesothelioma, a rare and aggressive type of cancer.

Today, asbestos is no longer being used in most new products and buildings. However, many old buildings, homes, and products still contain this toxic substance. Even after it was discovered that the substance is harmful, most asbestos-containing buildings were not banned. Additionally, many asbestos-containing materials and products were not forcibly removed from circulation, either. As a result, asbestos still poses a threat to homeowners, workers, and many other people.

Many people would want to know what asbestos looks like. Homeowners and renovators, most especially, would want to know how to identify this toxic substance before beginning home construction or renovation. Many schools, homes, and other buildings built before the 1980s contain asbestos, and during construction or renovation, people interact with asbestos-containing materials without even realizing it. Unfortunately, identifying asbestos is not that simple.

Former Mechanic Awarded $8.2 Million in a Lawsuit Against Ford Motor Company

July 19, 2021 | Throneberry Law Group

A New Orleans, Louisiana jury recently awarded an $8.2 million mesothelioma verdict to a former mechanic against Ford. Ford Motor Company is a multinational company that designs, manufactures, markets, and services cars, trucks, utility vehicles, and luxury vehicles. After only 60 minutes of deliberation, the Louisiana jury ordered the manufacturing giant to pay the victim $8,261,874 as compensation for the malignant mesothelioma he blamed on the repeated asbestos exposure he suffered while servicing vehicles manufactured by Ford. The jury’s quick decision came after three weeks of testimony about how the former mechanic was repeatedly exposed to asbestos while servicing clutches and brakes installed on Ford vehicles and buses.

Over a year ago, the Louisiana resident was diagnosed with mesothelioma, a rare and fatal cancer. Immediately the former mechanic learned that he had mesothelioma, he filed a negligence and strict liability lawsuit against Ford Motor Company. The former mechanic worked as a gas station mechanic and as a school bus mechanic. It was while working these jobs in the 1960s and 70s that he suffered repeated asbestos exposure. While servicing asbestos-containing clutches and brakes on vehicles manufactured by Ford, the former mechanic was exposed to asbestos dust. When asbestos fibers get stuck in the lining of the lungs after being inhaled, they cause inflammation and scarring to DNA and mesothelial cells. Mesothelioma then develops due to the inflammation, typically decades after initial asbestos exposure.

Ford Motor Company’s failure to warn of the presence of asbestos or related dangers was at the heart of this mesothelioma litigation. The plaintiff’s attorneys and the jury determined that Ford knew about the dangers of asbestos long before the former mechanic’s exposure. They also determined that the manufacturing giant failed to warn the former mechanic about the dangers of asbestos. Due to that, the jury awarded the plaintiff $8.2. million in compensatory damages.

Why Should a Mesothelioma Victim Speak to an Attorney?

July 17, 2021 | Throneberry Law Group

A lot happens after an individual is diagnosed with mesothelioma. For example, a mesothelioma patient will want to know how the illness will affect their lifestyle and relationships with family and friends. Additionally, shortly after diagnosis, mesothelioma patients start wondering how mesothelioma will affect them financially. The reality is that a mesothelioma diagnosis is bound to affect an individual’s life in many negative ways.

After a mesothelioma diagnosis, people have to make tough medical, personal, and financial decisions. Fortunately, a doctor can help a mesothelioma patient and their family make some tough medical decisions. Doctors can help mesothelioma victims get the treatment they need. When a victim’s doctor cannot provide them with the best options, the doctor will refer the patient to a mesothelioma specialist.

Specialists can help patients and their families learn how mesothelioma is likely to affect their lives. A specialist can help a patient determine the new regimen of activities and drugs they need to adopt. Nonetheless, even though medical professionals can do all this, some questions remain: How can a patient pay for everything if they do not have the financial capability? Why should a patient even have to pay for these things?

Washington Supreme Court Reinstates an $81.5 Million Verdict in Full in Mesothelioma Case

July 17, 2021 | Throneberry Law Group

According to a July 8, 2021 opinion, Washington Supreme Court reinstated an $81.5 million ruling in full after overturning an appellate court ruling for a wrongful death claim of an auto mechanic. According to the Supreme Court ruling, the Court of Appeals “overstepped the limited role played by appellate courts in the civil justice system and substituted its own subjective judgment for that of the jury and trial courts based on nothing more than the size of the verdict.”

The original claim was brought forward by the family and estate of the deceased mechanic who died in 2015 at the age of 67 of peritoneal mesothelioma. In 2017, after an approximately 12-week trial, a jury unanimously found NAPA Auto Parts and Genuine Parts Corp (GPC) liable in the mechanic’s death and awarded the deceased mechanic’s survivors $81.5 million. In its verdict, the jury found that NAPA and GPC were strictly liable and negligent for their defective asbestos-containing products used by the mechanic. Before his diagnosis and death, the deceased had worked with brake pads containing asbestos, and other parts manufactured by GPC and sold through NAPA for decades.

After the jury awarded the $81.5 million to the deceased’s mechanic’s survivors, GPC and NAPA moved for a new trial or alternatively to have the damages awarded lowered, which the trial court denied. The Court of Appeals then vacated the jury’s $81.5 million verdict and reversed the trial court in part. The Court of Appeals concluded that the trial court made a mistake when it excluded one of NAPA and GPC’s expert witnesses and applied what was referred to as “subjective determination.” The Court of Appeals also concluded that the jury’s award was excessive and ordered a new trial on damages.

Second Hand Asbestos Exposure

July 10, 2021 | Throneberry Law Group

The number one leading cause of mesothelioma is occupational primary asbestos exposure. However, even those who do not directly interact with asbestos at the workplace can fall victim to asbestos exposure. Second hand asbestos exposure usually happens when a worker brings home asbestos fibers. Since there is no safe level of any form of asbestos exposure, bringing home asbestos fibers on one’s clothes, hair, or even skin inevitably puts everyone in that home at risk of asbestos-related health issues such as mesothelioma.

Primary asbestos exposure was common in the 20^th century. During that time, men were at a greater risk of falling victim to primary asbestos exposure because they were employed in labor jobs such as construction jobs that used asbestos products. Second hand asbestos exposure, on the other hand, was more prevalent among women and children. It was common for men who worked with asbestos to unknowingly bring asbestos to their homes on their tools, skin, hair, shoes, and even clothes. Unfortunately, even today, people are still at risk of second hand asbestos exposure because asbestos is still in many American buildings and products. Today, a construction worker can, for instance, bring asbestos fibers home after renovating or demolishing an asbestos-contaminated house.

Second hand asbestos exposure is a type of non-occupational asbestos exposure. Second hand asbestos exposure is also called secondary, para-occupational, or take-home exposure. Repeated second hand asbestos exposure can be just as risky as primary asbestos exposure. Therefore, it is incorrect for anyone to assume that people who have not worked with asbestos cannot get mesothelioma and other asbestos-related diseases. Being repeatedly exposed to asbestos fibers by a worker who brings home asbestos fibers can cause asbestos-related diseases like mesothelioma.

Debunking Some Common Myths About Mesothelioma Legal Claims

July 7, 2021 | Throneberry Law Group

When faced with a personal injury or wrongful death claim situation, it can get confusing and complicated. Things can get especially complicated and confusing for a person dealing with a mesothelioma case. Mesothelioma is a type of cancer caused by asbestos. It is a type of cancer that can be so deadly because of the precise reason that it can go unnoticed for decades. Every year, there are about 3,000 new mesothelioma diagnoses in the United States. Unfortunately, since mesothelioma’s diagnosis rate is not as high as that of other types of cancer, a lot of misinformation surrounds mesothelioma legal claims. Misconceptions about mesothelioma legal claims can cause people to make decisions that may not be in their best interests.

Below are four common myths about mesothelioma legal claims.

Myth #1: An Individual Can Wait as Long as They Want to Begin the Legal Process

Mesothelioma and PTSD

June 30, 2021 | Throneberry Law Group

People suffering from mesothelioma usually go through a lot of difficulties. Mesothelioma is a type of cancer that occurs after asbestos exposure. For starters, mesothelioma treatment can be costly. Victims of mesothelioma and their loved ones usually spend a lot of money from the time of diagnosis through post-treatment care. Some spend thousands of dollars, and, others, even more. The amount of money a victim of mesothelioma spends generally depends on their treatment plan, health care provider, and other factors.

Secondly, mesothelioma often causes pain, which is usually one of the early signs of mesothelioma. As fluids build up and tumors grow, it usually becomes difficult for a victim to digest food, breathe, and even cough without experiencing pain. Additionally, fluid buildup, which leads to increased pressure, can also cause pain in a victim’s abdomen or chest.

Severe pain can interfere with the day-to-day life of a mesothelioma patient. For instance, pain can prevent a patient from working or participating in other everyday activities, leading to feelings of loneliness and isolation. The day-to-day lives of families of patients also suffer when pain is involved.