Asbestos & Mesothelioma Law Blog

The Difference Between Mesothelioma and Lung Cancer

June 27, 2021 | Throneberry Law Group

Even though mesothelioma and lung cancer are both deadly cancers, they are different diseases. Mesothelioma is a type of cancer that develops in the lining around the lungs and chest when a person inhales asbestos fibers. Asbestos, which is the only known cause of cancerous mesothelioma, is a naturally occurring mineral. The mineral was used as a building material before people became aware of its hazardous properties. Asbestos leads to mesothelioma because it causes changes at a cellular level. This toxic substance triggers inflammation, scarring, and damage that can cause cancer. Usually, when asbestos is disturbed, it releases tiny fibers into the air. When these fibers are inhaled, they get stuck in the pleural lining of the lungs and chest. Asbestos exposure is most prevalent in industrial workplaces.

On the other hand, lung cancer develops in the lungs and not in the lining of the lungs. Unlike mesothelioma, which has one known cause (asbestos), lung cancer has many known causes. Nonetheless, even though lung cancer often occurs because of other factors, the reality is that asbestos exposure can also cause lung cancer. When asbestos fibers get stuck in a person’s lungs, they can develop lung cancer.

After symptoms that suggest a serious lung problem start emerging, an individual might think they have lung cancer, when in fact they have mesothelioma, or vice versa, because both diseases can present a similar set of symptoms. Nonetheless, a history of being exposed to asbestos fibers is what physicians look for when trying to identify mesothelioma specifically. Some of the symptoms people with mesothelioma or lung cancer experience include;

Jury Awards $12.1 Million to Estate of 83-Year-Old Korean War Veteran

June 18, 2021 | Throneberry Law Group

In a recently decided Ohio mesothelioma lawsuit, a jury awarded the estate of an 83-year-old Korean War Veteran $12.1 million in compensatory and punitive damages. The jury awarded the veteran’s estate this amount after hearing and deliberating on the details of the veteran’s decades-long asbestos exposure and his ensuing diagnosis and death from malignant mesothelioma. At first, the jury had awarded the plaintiff compensatory damages amounting to $6.1 million. The judge then decided to add another $6 million in punitive damages against John Crane, Inc.

The war veteran worked in the stockroom at the Pfaudler Co. plant in Elyria, Ohio, for more than four decades. He started working at the Pfaudler Co. plant after his service in Korea. While working at Pfaudler, the veteran was responsible for preparing shipments of specialized glass-coated steel bowls used in chemical and pharmaceuticals manufacturing. Every week, he would spend hours cutting asbestos-contaminated rope using a band saw. Because the material was asbestos-contaminated, cutting it with a band saw led to the spread of asbestos particles into the air, which he then inhaled.

According to reports, the veteran was a hard-working man who always did what he was told to do at work. Unfortunately, neither he nor his fellow employees were ever informed of the hazards of the product they were handling because Pfaudler was in the dark. Pfaudler was never warned about the asbestos-contaminated rope, and the evidence presented at trial proved this fact. Crane Packing Co., now formally known as John Crane Inc., the material’s manufacturer, knew that the material had a high concentration of blue crocidolite asbestos, but never warned Pfaudler of the material’s potential danger or advised the plant on proper handling. The material’s manufacturer always advertised the material as ‘completely non-toxic.’ However, once Pfaudler realized that the material was toxic – an entire three years before John Crane issued any form of public warning – the company stopped using it. Unfortunately, by then, it was late for the war veteran, as he had already been exposed to asbestos for many years.

How Asbestos Threatens the Health and Lives of Construction Workers During Maintenance, Renovations, and Demolitions

June 11, 2021 | Throneberry Law Group

Construction workers are prone to several dangers. In fact, the construction sector is considered among the most dangerous sectors in which to work. Unfortunately, people have become so accustomed to the dangers that construction workers face daily that occupational hazards in the construction sector have become acceptable risks. Construction workers are, for instance, prone to slip and falls, which is the main leading cause of traumatic brain injuries. Apart from being prone to slip and falls, construction workers also risk being exposed to harmful substances. One of the harmful substances that construction workers risk being exposed to is asbestos.

Asbestos, a dangerous substance that causes mesothelioma and other life-altering diseases, continues to threaten the health and lives of many construction workers. Even though current laws limit the use of asbestos, construction workers are still prone to occupational exposure. Asbestos exposure remains a significant problem in the construction industry and might pose an even greater risk for years to come. Considering asbestos was commonly used in the construction industry, construction workers today come across this substance regularly. When construction workers come into contact with asbestos-containing materials, they can develop illnesses such as mesothelioma that can alter their lives and those of their families forever.

Asbestos can remain hidden in almost every part of a building or structure. Therefore, just because a person does not construct new buildings or structures, does not mean they are safe from exposure to asbestos. Workers conducting maintenance, renovations, or demolitions are all at risk of asbestos exposure in the same way those who interact with asbestos during the construction of new buildings or structures are.

Massachusetts Attorney General Sues Four Companies Over Illegal Asbestos Work

May 29, 2021 | Throneberry Law Group

Massachusetts’ attorney general recently filed a lawsuit against four companies that the state’s chief prosecutor claims improperly removed, transported, and stored asbestos during an abatement project at city YMCA building, which hosts daycare programs and housing. The lawsuit is another in a string of priority enforcement efforts brought by the state’s attorney general to bring asbestos enforcement to bear and is an important part of the office’s effort to protect vulnerable communities in the state and hold wrongdoers accountable.

“We allege that the defendants’ reckless disregard of basic workplace procedures and failure to take proper precautions put the health and safety of workers, building occupants, and the surrounding community at risk,” said Attorney General Maura Healey. “Those who deal with asbestos have a duty to do so in a safe and legal way to protect workers and the public from the serious harms of asbestos exposure, and we will take action against those who don’t comply.”

According to the lawsuit, filed in Suffolk Superior Court, Ray Services Inc., an asbestos abatement company, O’Reilly, Talbot, & Okun Associates, Inc., an environmental consulting company, Allegrone Construction Co., a general contractor, and Service Transport Group, a transportation company, each violated the Massachusetts’ Clean Air Act and corresponding regulations. Defendant Ray Services Inc. allegedly removed dry, spray-on fire-proofing material containing asbestos by scraping the material off ceiling ducts, pipes, and beams in unoccupied classrooms in the building.

North Carolina Firefighters Lobby for Presumptive Coverage of Mesothelioma and Other Cancers

May 28, 2021 | Throneberry Law Group

The fight for presumptive coverage of cancer continues as North Carolina remains the only state in the country that does not extend this right to firefighters who put their lives on the line each time they suit up and are potentially exposed to a whole host of cancer-causing carcinogens. While the state does extend certain benefits to surviving family members of firefighters who pass away from one of four listed cancers, North Carolina does not pay for medical coverage of the affected firefighter during his or her lifetime, which can leave the victim and his or her family with extraordinary medical bills.

Across the state, North Carolina firefighter groups are lobbying state lawmakers to expand workers’ compensation benefits for firefighters who contract certain forms of cancer and for that diagnosis to be presumed to have been caused due to exposure to toxic chemicals while in the line of service. In 2019, the North Carolina house of representatives passed one such bill that would label nine forms of cancer, including mesothelioma, as occupational diseases and would have provided medical coverage to those affected under North Carolina’s existing Workers’ Compensation Act.

However, the state senate ultimately blocked the bill and has maintained that it as a chamber is opposed to expanding workers’ compensation benefits in the state. Despite the changing situational realities that firefighters face when they rush into burning buildings to save those trapped inside, North Carolina legislators continue to put up barriers to benefits that would help ensure that brave first responders have their healthcare needs taken care of when they receive a devastating cancer diagnosis.

One of Nation’s Largest Railroad Companies Sues Health Clinic Providing Aid to Asbestos Victims

May 17, 2021 | Throneberry Law Group

One of the country’s largest railroad companies recently made headlines when it filed a lawsuit against a Montana health clinic that provides aid to asbestos and mesothelioma cancer victims harmed by a now shuttered vermiculite mine, and the railway company itself for the two entities’ roles in spreading carcinogenic asbestos fibers across the area. The company, BNSF Railway, is suing the Center for Asbestos Related Disease, located in Libby, Montana, claiming that the clinic is defrauding the federal government by conducting what the railway calls unnecessary tests and is relying on supposedly inaccurate radiological studies to diagnose asbestos victims in the town and surrounding area.

Though only made public recently, the suit was originally filed back in 2019. The claim asked the federal government to investigate and prosecute the Center for Asbestos Related Disease for fraud against the taxpayer. Fortunately, the federal government declined to intervene on behalf of BNSF Railway, leaving the company to carry the claim on itself under the federal whistleblower statute that allows private entities to bring claims on behalf of the government and receive a portion of any recovery for itself.

The Center for Asbestos Related Disease is one of the few healthcare providers in the country that commits itself to study the health effects of the particular form of asbestos found in the vermiculite mines of Libby. To that end, the Center for Asbestos Related Disease is the leading provider of asbestos-related diagnoses and healthcare to the residents of the small town which found itself at the epicenter of one of the worst environmental cleanups in the United States.

Court Allows Mesothelioma Cancer Lawsuit to Proceed Against Retailer

May 9, 2021 | Throneberry Law Group

A New York state court recently issued an important ruling in an asbestos cancer lawsuit preventing one of the defendants from attempting to have itself removed from the case and potentially escape liability for its role in the victim’s cancer diagnosis. With the court’s ruling, defendant retailer Lot Less will remain as a defendant to the case while the plaintiff proceeds with the information gathering phase of the litigation in order to establish exactly what the business knew about the safety of the products it sold to consumers like the victim in this case.

According to the mesothelioma cancer lawsuit, filed in the Supreme Court of New York County in 2018, the now deceased plaintiff developed malignant mesothelioma cancer from years of using Johnson & Johnson’s Baby Powder, which was contaminated with deadly asbestos fibers. The plaintiff contends that not only Johnson & Johnson should be held liable for manufacturing the carcinogenic talc-based product, but also retailer Lot Less for selling the product to consumers like the victim. Other defendants named in the case included Bristol-Meyers Squibb, Cyprus Amax Minerals Company, and Whittaker Clark & Daniels.

In its motion for summary judgment, Lot Less argued that the family of the victim, who brought the suit on her behalf, had not yet proven that the Johnson & Johnson product in question actually contained asbestos. Further, the company argued that sellers of defective products generally have an implied right to indemnification, that is that they cannot be held liable for legally selling a product that a manufacturer produced. Fortunately for the plaintiff, the judge hearing the case determined that it would be premature to remove Lot Less from the case since the underlying liability had not yet been established.

Mississippi Talc Labeling Lawsuit Able to Proceed With State’s Supreme Court Refusal to Toss Claim

April 30, 2021 | Throneberry Law Group

A long running lawsuit brought by the state of Mississippi against pharmaceutical and cosmetics giant Johnson & Johnson may proceed, after the state supreme court refused to side with the company in its bid to toss the claim involving allegations that it violated state laws concerning labeling of its talc-based products. Specifically, the lawsuit brought by Mississippi’s attorney general claimed that Johnson & Johnson failed to disclose possible health risks associated with using the company’s Baby Powder and Shower to Shower talcum powder products which the company faces an avalanche of litigation in federal and state courts across the country.

According to the lawsuit, filed in Hinds County Chancery Court in 2014, Johnson & Johnson violated Mississippi’s Consumer Protection Act when the company failed to include labels on its talcum powder products displaying a warning of the possible links between using talc-based products and developing ovarian cancer. The state’s attorney general’s lawsuit sought an injunction to force Johnson & Johnson to include warnings on talcum powder product labels and enforce violations with fines up to $10,000.

After the state filed its preliminary lawsuit in county court, Johnson & Johnson asked the court to toss out the lawsuit. After the chancery court refused to do so in December 2018, the company appealed to a state appellate court to do the same, but was met with a similar denial. Johnson & Johnson subsequently went to the state’s highest court for yet another dismissal, arguing that labeling requirements on its cosmetics products are preempted by federal laws and the state therefore had no authority to require the company include the types of warning labels the matter pertained to.

Could Artificial Intelligence Help in the Fight Against Mesothelioma?

April 26, 2021 | Throneberry Law Group

British researchers recently published findings in genomics studies which used artificial intelligence to help study mesothelioma, a rare and deadly form of cancer caused by exposure to carcinogenic asbestos fibers. The hope of the findings is that the research and analysis could help improve patient outcomes and improve the prognosis for those who are diagnosed with the as of right now incurable disease, and potentially help find answers to a cure for mesothelioma.

The research undertaken by the University of Leicester Mesothelioma Research Programme reveals that, using AI analysis of DNA-sequenced cancer cells, the disease evolves along similar and repeated paths between individuals. Those paths predict the overall aggressiveness and could show possible individualized therapies which could be applied to help fight the disease.

Professor Dean Fennell, Chair of Thoracic Medical Oncology at the University of Leicester and Director of the Leicester Mesothelioma Research Programme, said “It has long been appreciated that asbestos causes mesothelioma, however, how this occurs remains a mystery. Using AI to interrogate genomic ‘big data’, this initial work shows us that mesotheliomas follow ordered paths of mutations during development and that these so-called trajectories predict not only how long a patient may survive, but also how to better treat cancer – something Leicester aims to lead on internationally through clinical trial initiatives.”

Widow’s Mesothelioma Cancer Lawsuit Goes on against Conwed Lo-Tone Ceiling Tiles & Mineral Boards Despite COVID-19

April 18, 2021 | Throneberry Law Group

The effects of COVID-19 have been felt across nearly every facet of life in America, and the courts have certainly been no exception. With health and safety protocols limiting in-person gatherings, many individuals seeking justice through the courts have had their hearings and trials seemingly inevitably delayed until the United States is able to bring the virus under control in order to resume our way of life. However, some have been fortunate in that their cases have been able to continue with relatively modest delay, as in the case of a Minnesota factory worker whose trial is finally scheduled to take place in May 2021.

According to the asbestos cancer lawsuit, filed in Ramsey County District Court in 2019, the now deceased plaintiff was diagnosed with mesothelioma cancer in December 2018, and caused due to his exposure to carcinogenic asbestos fibers from his years of working the the Conwed Corporation’s mineral board plant in Cloquet, Minn. According to media reports, the city of Cloquet has a mesothelioma cancer death rate that is 36% higher than anywhere else in the state of Minnesota, and the rate of diagnosis is up to 70 times higher than the average. The report goes on to state that lung cancer screenings have shown that at least 30% of Condwed’s former employees surveyed have developed mesothelioma.

Mesothelioma is a rare and deadly form of cancer that usually affects vital organs such as the lungs, heart, and abdominal cavity. Developing the disease is directly associated with exposure to asbestos, a mineral that was once used in a variety of commercial, industrial, and military applications for its heat resistant properties and ability to be molded to fit a variety of uses. Conwed Corporation allegedly used asbestos in the construction of its mineral board products at the Cloquet plant from 1958 until 1974, the time period during which the deceased plaintiff was employed at the facility.