Asbestos & Mesothelioma Law Blog

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.

Mesothelioma Lawsuits

October 23, 2021 | Throneberry Law Group

A mesothelioma lawsuit is a civil lawsuit filed against a company or against companies responsible for asbestos exposure by a mesothelioma patient or surviving family members. By filing a mesothelioma lawsuit, a patient or family members of a deceased person can obtain compensation for lost income, pain and suffering, medical expenses, funeral expenses, loss of consortium, and other mesothelioma-related damages. A mesothelioma patient is eligible to file a personal injury lawsuit. On the other hand, the estate or surviving family members of a deceased mesothelioma patient is or are eligible to file a wrongful death lawsuit.

So, whenever an attorney files a mesothelioma lawsuit, they do so on behalf of:

a mesothelioma patient; or

ADAO and its Allies Score Big Win as EPA Agrees to Broader Asbestos Risk Evaluation

October 22, 2021 | Throneberry Law Group

Across separate settlements, the U.S. Environmental Protection Agency (EPA) commits to accelerate and strengthen asbestos risk reevaluation under the Toxic Substance Control Act (TSCA). On October 13, 2021, the Asbestos Disease Awareness Organization (ADAO), an organization dedicated to preventing asbestos exposure, said that the organization and its allies had reached settlements with EPA regarding the toxic mineral that causes mesothelioma. These settlements come after a heated legal battle over a contentious risk assessment. ADAO and its allies have been pushing for a comprehensive second risk evaluation for asbestos for some time now and are glad they struck these settlements with the EPA. According to the president and co-founder of ADAO, Linda Reinstein, a more robust and comprehensive evaluation will better document the massive harm asbestos continues to cause in America.

As per the deal, the Environmental Protection Agency will finish the second risk assessment by December 1, 2024. The second risk evaluation is expected to address the deficiencies in the first risk evaluation. In an agreement, the EPA agreed to, among other things;

Expand its second risk evaluation to include all six asbestos fiber types instead of only chrysotile asbestos.

New York City Mayor Waives Asbestos Fees as Part of Hurricane Ida Recovery Response

October 18, 2021 | Throneberry Law Group

According to NYC Mayor Bill De Blasio, repair and re-occupation of buildings damaged by Hurricane Ida is essential to the public health, economic well-being, and safety of New York City. In an attempt to help NYC repair damage caused by Hurricane Ida, Mayor Bill De Blasio, in early September, declared free asbestos removal services in New York. Emergency Executive Order No. 235, signed on September 7, 2021, retroactively dated the fee waivers back to September 1, 2021. On top of waiving fees for asbestos removal, Mayor Bill De Blasio waived the 7-day advance notice requirement for asbestos projects. For an applicant to be deemed eligible for suspension of the fees, they only needed to submit a certification that such work was due to storm damage. Normally, NYC requires submission of asbestos abatement permits and workplace safety plans one week before work starts. Emergency Executive Order No. 235 took effect on September 7 and remained in effect for five days.

The waiver of asbestos fees was meant to relieve an additional burden for property owners who were already dealing with storm damage. NYC Mayor Bill De Blasio recognized that property owners would require permits, inspections, document filings, and applications associated with repair work as part of the recovery after Hurricane Ida. So, in an attempt to help property owners, the mayor allowed the Department of Environmental Protection to waive fees related to asbestos removal. On the other hand, the Department of Buildings was given the power to waive fees associated with construction document filing fees, electrical permits, special fees, and permit filing fees.

More Tools and Recommendations for Communities Cleaning up After Hurricane Ida

Five Crucial Steps to Take After a Mesothelioma Diagnosis

October 6, 2021 | Throneberry Law Group

Mesothelioma is a rare type of cancer that begins in the lining of the chest, lungs, or abdominal cavities. According to the American Cancer Society, the leading cause of mesothelioma is asbestos exposure. Asbestos is a highly toxic and naturally occurring mineral that was widely used in construction and other industries until the late 1990s.

After a mesothelioma diagnosis, an individual may feel devastated and overwhelmed. Usually, after a mesothelioma diagnosis, people do not know what to do. The many questions that run through an individual’s mind after they get diagnosed with mesothelioma often make it hard for a person to take positive steps to cope with the diagnosis. Therefore, it is important for an individual to focus on the actions to take after a mesothelioma diagnosis so they can be able to move forward. Indeed, there may be a lot a person needs to do after a mesothelioma diagnosis. However, it helps to focus on one step at a time.

The order can vary, but, among others, below are five crucial steps to take after a mesothelioma diagnosis.

The Threat of Asbestos Exposure After a Hurricane

October 4, 2021 | Throneberry Law Group

Whenever a hurricane season approaches, people within hurricane-prone regions of the United States of America prepare by stocking up on food supplies, gasoline resources, water, and materials to strengthen and protect homes. While stocking up on all of these is important, preparing to deal with the risk of asbestos exposure once a storm has passed is equally important. Unfortunately, many people do not know about the threat of asbestos exposure after a hurricane.

Why is Asbestos a Threat After a Natural Disaster?

Asbestos, a naturally occurring mineral that is heat-, electricity-, and corrosion-resistant, was used throughout most of the 20th century in countless construction materials. These materials are considered safe as long as they remain in good condition and undisturbed. When asbestos-contaminated materials degrade over time, they may become damaged due to a number of forces such as renovation and unexpected natural disasters like hurricanes. Natural disasters such as hurricanes can damage asbestos-containing materials in buildings in ways that lead to asbestos exposure among homeowners, first responders, and cleanup crews.

Mesothelioma and COVID-19

September 25, 2021 | Throneberry Law Group

According to the CDC, one factor that makes a person more likely to get severely ill with COVID-19 is the presence of an underlying medical condition. Because of weakened immune systems, cancer patients are among those at high risk of serious complications from a coronavirus infection. Mesothelioma, to be specific, is an extremely aggressive form of cancer associated with asbestos exposure and with limited survival despite systemic therapy. Fighting mesothelioma depletes a patient’s energy and nutrients, and this worsens a patient’s body’s ability to fight COVID-19. Mesothelioma treatments can also weaken a person’s immune system and increase the risk of COVID-19 complications. Further, COVID-19 is much more deadly in those individuals over the age of 65, and most mesothelioma patients are seniors. Most mesothelioma patients are seniors because, from the first asbestos exposure, it can take decades for an individual to be diagnosed with mesothelioma. If, for example, an individual gets exposed to asbestos for the first time at the age of 20, they might end up being diagnosed with mesothelioma even at the age of 70.

Recent studies have found that for every five patients with malignant pleural mesothelioma (MPM) one contracted COVID-19. According to one particular study presented at the IASLC 2021 World Conference on Lung Cancer, approximately one in five patients with MPM at a Barcelona hospital contracted the coronavirus during the pandemic. To study the effect of COVID-19 infection on individuals with MPM, Dr. Susana Cedres of Vall d’ Hebron University Hospital and the Institute of Oncology, Barcelona, Spain, analyzed medical records of 38 patients with MPM. Dr. Susana gathered clinical data such as comorbidities, oncological background, demographics, and COVID-19 illness status. Upon completion of the study, Dr. Cedres found that;

Of the 38 patients with malignant pleural mesothelioma at the institution in this pandemic era, seven (18%) were diagnosed with COVID-19 infection by a positive RT.PCR and

OSHA Fines Three Firms for Exposing Residents and Workers to Asbestos at a Residential Care Facility in Missouri

September 19, 2021 | Throneberry Law Group

According to a federal workplace report on safety inspection, three companies exposed residents and workers at a Missouri residential nursing facility to asbestos hazards during a flooring replacement project. The three companies also failed to ensure safe asbestos removal during the project. Early this year, OSHA began an inspection in the residential nursing facility based on a referral from the Missouri Department of Natural resources. More than 30 days after the flooring work began, OSHA evacuated the nursing facility’s residents.

According to OSHA, three companies, namely; SRZ OP Bentonview, SRZ Mgmt Holdings, and Eastern Coast Management Inc., failed to conduct their work professionally and safely in various ways. According to OSHA, these three companies did not check for the signs of the dangerous substance, asbestos, and neither did they build barriers to contain the site. Also, the three companies in question failed to provide PPE and respiratory equipment to workers to prevent asbestos exposure. OSHA further claims that workers from the three companies did not complete an asbestos assessment to determine the presence of asbestos even after removing approximately 10,000 square feet of floor tiles containing asbestos.

According to samples collected at three different locations in the nursing facility, there was a huge asbestos concentration in the facility. Approximately 45% to 51% of the samples contained chrysotile asbestos. White or chrysotile asbestos is the most commonly encountered form of asbestos in the U.S.

Firefighters and Asbestos Exposure

September 10, 2021 | Throneberry Law Group

Firefighters are quite important to the community since they protect people against fires and other perils. Unfortunately, firefighters face many safety and health risks. When people think of the different safety and health risks firefighters face, they often think of hazards such as burns, crush injuries from collapsing buildings, and smoke inhalation. Indeed, all these are risks that need to be acknowledged. However, apart from these well-known risks, firefighters face unique asbestos exposure risks. While a firefighter’s set of soot-covered overalls is a sign of a brave and proud firefighter, it is also a sign of potentially deadly asbestos contamination.

How are Firefighters Exposed to Asbestos?

During the 20th century, asbestos-contaminated materials were widely used in buildings. Most manufacturers only phased out the use of asbestos after its link to fatal illnesses was publicly revealed. However, despite the phasing out, the toxic substance remains in millions of old buildings across America.

Five Crucial Things to Know About Asbestos

September 4, 2021 | Throneberry Law Group

Asbestos is a mineral composed of flexible and soft fibers that are resistant to corrosion, heat, and electricity. Although these qualities make asbestos a useful mineral, asbestos exposure is highly toxic. For a long time, asbestos was used in construction, fireproofing, and insulation.

Unfortunately, many individuals assume that asbestos exposure is a thing of the past while it remains a deadly public health concern. Even though scientists have long recognized the dangers of asbestos exposure and made these dangers known, asbestos-related illnesses and deaths remain a big concern. According to recent data, more than 40,000 asbestos-related deaths occurred in 2019 alone. Some of the common fatal asbestos-related diseases include asbestosis and mesothelioma.

There are many things users do not know about asbestos, yet it is important to be knowledgeable about this toxic substance. By being knowledgeable, you can take the necessary precautions against asbestos.