Asbestos & Mesothelioma Law Blog

Pennsylvania Court Sides with Mesothelioma Plaintiff and Denies Transfer

December 17, 2017 | Throneberry Law Group

A judge in a Pennsylvania state court recently issued a ruling siding with the plaintiff in a mesothelioma cancer lawsuit, denying the defendant’s motion to transfer the case to another court over a legal technicality. By keeping the case in the Pennsylvania Court of Common Pleas for Allegheny County, the case will continue to move forward despite the best efforts of the defendant’s attorneys to deny, delay, and defend the claim that would help compensate victims and hold the liable parties responsible for causing the victim’s cancer diagnosis.

In her lawsuit, the plaintiff claims that her mesothelioma cancer diagnosis was caused by the defendant, Colgate Palmolive, manufacturing talcum powder contaminated with asbestos fibers from the mine where the mineral came from. The case is one of several talcum powder asbestos cancer lawsuits filed by victims across the country, arguing that their diagnosis was caused by carcinogenic cosmetic products manufactured by Colgate Palmolive.

For their part, the defendant’s attorneys asserted that employment records at Naval Support Activity, Mechanicsburg, Pennsylvania showed good enough cause to have the case removed from Allegany County and transferred to Mechanicsburg County Court. As is common in many asbestos cancer lawsuits, the defendants appear to have attempted to blame the plaintiff’s condition on another party, despite any evidence showing so. Fortunately, the judge hearing the case rejected the defendant’s motions and kept the litigation process moving in court.

New Study Shows Improved Life Expectancy of Peritoneal Mesothelioma with Two-Stage Treatment

December 4, 2017 | Throneberry Law Group

A recent study published in the Annals of Surgical Oncology highlighted a promising treatment that could possibly extend the life expectancy for patients suffering from malignant peritoneal mesothelioma. According to the report, a large portion of patients in a studying undergoing two-stage cytoreduction and intraperitoneal chemotherapy regimen had a significantly longer lifespan thanks to the treatment.

The treatment worked by first putting the patient through cytoreductive surgery, a procedure that removes tumors from inside the abdominal wall of mesothelioma patients. After undergoing surgery, doctors treated the patients with intraperitoneal chemotherapy to help kill any mesothelioma tumors possible left over from the surgery.

Doctors then monitored patients with CT scans of the abdomen, chest, and pelvis every six months for signs of tumor growth. Patients with tumors received a second round of cytoreduction and intraperitoneal chemotherapy while those without tumors only received the chemotherapy portion of the treatment.

What Firefighters Need To Know About Asbestos Exposure

November 29, 2017 | Throneberry Law Group

Firefighters do an inherently dangerous job protecting life and property from fire and other disasters. But they also face tremendous unseen dangers such as asbestos exposure while working in older buildings. More and more firefighters have grown concerned about repeat exposure and these are a few of the important frequently asked questions and answers.

How Does Asbestos Threaten Firefighters?

Asbestos exposure can cause mesothelioma cancer. Firefighters are exposed to it when extinguishing fires. Burning asbestos may release fibers into the air that can be breathed into the lungs and make contact with the skin. It’s important to wear protective breathing gear while combating a blaze at all phases.

Colgate-Palmolive settles claim linking asbestos to its talcum-powder

November 14, 2017 | Throneberry Law Group

Colgate-Palmolive Co. will avoid going to trial in a New Jersey state courtroom as they agree to settle a lawsuit linking asbestos to its talcum-powder.

Carol Schoeniger, a Pennsylvania woman filed a lawsuit against the New York-based company claiming its talcum-powder caused her to develop mesothelioma, a rare form of cancer caused by asbestos exposure. The financial terms of the settlement have not been made public.

This is not the first claim that talc users have made against the brand. Colgate-Palmolive has resolved 43 cases and is currently facing 170 cases in which accusers allege they were sold asbestos-laced powder.

Georgia-Pacific Drywall Division Files for Chapter 11 Bankruptcy Over Asbestos Claims

November 9, 2017 | Throneberry Law Group

A drywall manufacturing division of Georgia-Pacific recently filed for Chapter 11 bankruptcy over thousands of asbestos cancer claims against the company, owned by Koch Industries since 2005. Georgia-Pacific’s Bestwall Unit is currently the subject of tens of thousands of lawsuits alleging the company knowingly manufactured drywall products with asbestos but did nothing to inform users of the possible dangers of developing serious health conditions, including mesothelioma, a rare and deadly form of lung cancer.

Georgia-Pacific manufactured “mud,” a joint compound used in construction to seal pieces of drywall together or fill in cracks, which contained chrysotile asbestos until 1977, one of the most common forms of the flaky white mineral. While the company claims its total production amounted to only a small fraction of products made with asbestos, it was nonetheless one of the most common types of drywall mud used in past decades, resulting in thousands of cases of exposure.

Asbestos was once commonly used in a variety of industrial and commercial applications for decades by many manufacturers. Although federal regulators did not restrict the use of asbestos until the mid 1970’s, the manufacturers were well aware of the potential hazards of inhaling asbestos fibers. Unfortunately, manufacturers continued to use asbestos in their products and did nothing to warn consumers about the risks.

Indiana Jury Returns $5 Million Verdict for Family of Plaintiff Killed by Asbestos Exposure

November 6, 2017 | Throneberry Law Group

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A McLean County, Indiana jury recently handed down a significant trial verdict for the family who brought suit on behalf of their deceased loved one, claiming the defendants allowed the victim to be exposed to asbestos which eventually lead to his mesothelioma cancer diagnosis. It took the men and women of the jury just one hour of deliberation after a two-week trial to hold Tremco Inc. responsible for the victim’s terminal cancer and awarded his surviving family members $5 million on behalf of the estate.

According to local media reports, the 81-year-old victim passed away in 2012 after a hard-fought battle with mesothelioma, a rare and deadly form of cancer commonly affecting the thin lining of tissue surrounding the lungs and abdomen. The plaintiff worked as a window glazier on commercial buildings throughout Central Illinois and northeast Indiana between 1956 and the 1990s, unknowingly using asbestos-contaminated products that would eventually cause his mesothelioma cancer diagnosis.

Attorneys for the plaintiff asserted that the defendant used asbestos in many of the products used by the victim but did not inform him or other workers about the risks involved with asbestos exposure or that it was used in its products. Evidence at trial showed the plaintiff specifically used Tremco’s 440 tape and Mono caulking on construction sites where he installed glass.

Backlog in Baltimore courts Leaves Thousands of Asbestos Cancer Victims Waiting for Their Cases to be Heard

November 1, 2017 | Throneberry Law Group

Maryland lawmakers recently convened hearings to delve into why potentially tens of thousands of asbestos cancer victims have yet to have their day in court years after developing serious, life-threatening conditions and filing suit to recover much needed compensation. Those meetings primarily focused on courts in Baltimore city, the epicenter of the state’s mesothelioma crisis, where thousands of hardworking men and women developed the rare and deadly lung cancer working in the city’s shipping industry.

According to reporting by the Baltimore Sun, neither side could agree on exactly just how many plaintiffs had delays in their case or for how long. State senator Robert A. “Bobby” Zirkin, Chairman of Senate Judicial Proceedings Committee, reportedly called the meeting to try and get to the bottom of whether the city’s court system has made any progress in the past three years in clearing the backlog of claims brought by individuals harmed while working in Baltimore’s ports, shipbuilding centers, and other construction trades.

Representatives from one of Baltimore’s largest and well-known plaintiffs law firms estimated that there could be as many as 22,000 active asbestos injury lawsuits awaiting trial and an additional 7,000 inactive cases in which the plaintiffs reserved their right to file suit if their conditions worsened. While city administrative judges testified that the new system implemented in 2014 was resolving cases at a higher rate than previous years, the backlog could still take decades to clear even with every side fully staffed.

Could Off-Roading Be A Source Of Asbestos Exposure?

October 30, 2017 | Throneberry Law Group

It’s a favorite pastime of about 44 million Americans – riding all-terrain vehicles or off-roading, as it’s sometimes called. It can be dangerous because of the severe injuries that can happen in a crash. But is there another potential risk?

This study examined the connection between individuals who off-road and asbestos exposure. Asbestos is a naturally occurring mineral in the United States and other countries. After mining, builders often used it in construction until the Environmental Protection Agency banned the toxic material in 1989. Over time, people who inhale asbestos fibers are at risk of mesothelioma, which causes a deadly cancer that has no cure.

This study looked ATV riders and the possibly that off-roading kicked up dust that led to asbestos inhalation. The study focused on California and looked at 15 previous investigations. For individuals in the study with measured asbestos concentrations, speed and riding in a group were commonalities. It was an interesting investigation into the relationship between asbestos and off-roading. More studies looking at this issue in other parts of the country where asbestos is prevalent could be useful.

Montana Courts to Hear Case on Asbestos-Related Injuries From Libby Mine

October 25, 2017 | Throneberry Law Group

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Almost two decades after environmental regulators discovered serious asbestos contamination at a vermiculite mine in Libby, Montana, lawsuits related to asbestos exposure continue to work their way through the courts. A federal judge is set to decide whether a dozen or so cases will remain in Montana state court or be transferred to federal court and decide whether or not a whole host of defendants are liable for the plaintiffs’ serious medical conditions related to asbestos exposure near the mine.

Hundreds of cases against defendants BNSF Railroad Company, the state of Montana and other entities allege the defendant’s negligence caused the plaintiffs’ medical conditions, including mesothelioma, a rare and aggressive form of lung cancer commonly affecting the lungs. In August, about one dozen other cases were transferred from Cascade County District Court to U.S. District Court for the District of Montana in Great Falls.

The vermiculite mine’s original owner, W.R. Grace & Co., filed for Chapter 11 Bankruptcy in 2011 and formed an asbestos bankruptcy trust before splitting into two separate companies in 2015. The trust established by W.R. Grace compensates victims who were harmed by the asbestos in the vermiculite mine it operated and allows the company to settle its debts and restructure. According to reports, the trust is valued at $4 billion and could end up compensating thousands of possible claimants harmed by the company’s activities at the mine.

Five Frequently Asked Questions About Mesothelioma

October 16, 2017 | Throneberry Law Group

Most people have heard of asbestos, but not all are familiar with the risks involved with this toxic material. Some only learn of mesothelioma when they have a personal reason to do so, such as a doctor diagnosing their disease or having a friend or loved one dealing with it. Many questions will run through their heads. Here are some of the most common:

What is mesothelioma? A rare and extremely deadly form of cancer, mesothelioma is caused by the inhalation of asbestos fibers over time. It causes cancerous cells to form in tissue around covers the lungs, chest wall or abdomen.
Who is at risk? Certain types of workers, such as mechanics, electricians and plumbers, are at risk for asbestos exposure. Family members of these workers also are at risk. Individuals may have been exposed to asbestos working in places such as:

Power plants
Shipyards
Oil refineries
Mills
Factories

3. When do symptoms appear? It can take 20 years for the cancer to form after exposure. Shortness of breath and pain under the rib cage are common symptoms, but it can be difficult to diagnose. Most individuals with mesothelioma were exposed to asbestos in the 1950s, 1960s, 1970s or 1980s.

4. What is the prognosis? The prognosis depends on many individual factors, including age and gender. About 40 percent of patients with mesothelioma survive one first year after a diagnosis. Older mesothelioma patients have a much lower survival rate.