Asbestos & Mesothelioma Law Blog

Group finds asbestos in more Claire’s make-up products

March 28, 2018 | Throneberry Law Group

Asbestos-containing make-up continues to be a subject that won’t go away, and it shouldn’t until no traces of this cancer-causing mineral are found in consumer products, especially those geared toward children.

The latest development on this topic once again shined a spotlight on Illinois-based Claire’s Stores – a fashion accessories chain with stores throughout U.S. shopping malls. In February, the watchdog group U.S. Public Interest Research Group (U.S. PIRG) conducted tests on 15 cosmetic products that contained talc, and were made by four different companies.

Three Claire’s products contained asbestos

New Jersey Appeals Court Revives Asbestos Cancer Lawsuit Against Scotts Turf Builder

March 19, 2018 | Throneberry Law Group

A panel of judges for the New Jersey Superior Court’s Appeals Division recently revived a lawsuit brought on behalf of a man who claimed he developed mesothelioma from years of exposure to asbestos in lawn fertilizer made by Scotts. As part of their ruling, the three-judge panel determined that the lower trial court erred when it failed to reverse its order granting summary judgement to the defense after new evidence came to light. With that order, the plaintiff has hope that the trial court will grant it the opportunity to convene a new trial and give the plaintiff a chance to recover the vital compensation necessary to be made whole again.

The case began in July 2012 when a man from Wayne, New Jersey filed suit against Scotts, claiming that from 1967 to 1980 he was repeatedly exposed to asbestos contaminated vermiculite contained in the company’s Turf Builder lawn fertilizer. The mesothelioma cancer lawsuit claimed that the vermiculite Scotts manufactured its Turf Builder with was sourced from a now infamous mine in Libby, Montana, which is the root of hundreds and potentially thousands of other lawsuits against the mine’s former owner.

As the case made its way through the civil lawsuit process, the trial judge hearing the case dismissed the testimony of four expert witnesses for the plaintiff who would have testified to the victim’s claims that Scotts Turf Builder contained asbestos. As a result, the defendants successfully argued a motion for summary judgement in January 2014, which effectively threw out the case and left the plaintiff with limited access to justice.

Missouri State House Passes Bill to Limit Compensation for Mesothelioma Cancer Victims

March 16, 2018 | Throneberry Law Group

The Missouri state House of Representatives recently approved legislation that could impact the amount of compensation mesothelioma cancer victims could receive for their claims when filing lawsuits against defendants. With Missouri juries handing down substantial verdicts to plaintiffs harmed by the deadly products developed by asbestos companies, lobbyists for the business and insurance companies have long eyed the state for so-called “tort reform” to limit compensation to plaintiffs.

As part of the effort to limit plaintiffs’ access to justice, the Missouri House approved a bill meant to force mesothelioma plaintiffs to disclose whether or not they have filed administrative claims with asbestos bankruptcy trusts. The Missouri Senate is expected to take up the legislation soon and the state may join a growing list of other states that have already passed these asbestos claims transparency laws promulgated by the likes of pro business and insurance lobbyists like the Chamber of Commerce and Industry.

Asbestos bankruptcy trusts were created by companies that were no longer solvent but needed a way to release themselves from legal liability in order to qualify for federal bankruptcy protections. Asbestos companies set aside tens of billions of dollars for mesothelioma cancer victims to file administrative claims with and are often seen as a much more expedient way for plaintiffs to receive the compensation they need to pay for vital medical treatment.

Indiana, Kansas latest states considering asbestos claims limits

March 13, 2018 | Throneberry Law Group

Legislation that would limit asbestos lawsuits continues to make the rounds throughout the country with Indiana and Kansas lawmakers being the latest to consider it. Created by conservative organization the American Legislative Exchange Council (ALEC), the bill in similar formats has been enacted in 12 other states.

Critics charge that such legislation is unfair to terminally-ill cancer victims who were exposed to the fire-resistant asbestos while on the job. If the bill is enacted, they would not be able to sue a manufacturer after more than 10 years had elapsed since being exposed to asbestos. However, asbestos-related diseases are seldom diagnosed within 10 years of exposure.

Mesothelioma: a usually fatal cancer

American Society of Clinical Oncology Updates Treatment Recommendations for Pleural Mesothelioma Treatment

March 2, 2018 | Throneberry Law Group

The American Society of Clinical Oncology (ASCO) recently convened an expert panel of doctors, researchers, and cancer advocacy experts to review medical literature on mesothelioma studies conducted from 1990 to 2017. The expert panel did so with special interest to survival, disease-free or recurrence-free survival, and quality of life using available evidence and informal consensus to develop evidence-based guideline recommendations on how best to treat pleural mesothelioma.

Pleural mesothelioma is a rare form of lung cancer caused by exposure to asbestos, a naturally occurring mineral once commonly used in a variety of industrial and commercial applications for its heat resistant properties. Mesothelioma can take decades to show symptoms and unfortunately, there is no cure for the cancer that can spread from the thin linings of tissue surrounding the lungs to other vital organs.

The expert panel identified a total of 222 studies from the 27-year time period and developed several evidence-based recommendations developed for diagnosis, staging, chemotherapy, surgical cytoreduction, radiation therapy, and multimodality therapy in patients with malignant pleural mesothelioma. The expert panel used five guiding questions to help come up with their recommendations, including:

Michigan Lawmakers Pass Bill Restricting Access to Justice for Mesothelioma Victims

February 26, 2018 | Throneberry Law Group

Michigan state lawmakers recently passed legislation that could severely restrict access to justice for mesothelioma cancer victims seeking their day in court to recover vital compensation and hold asbestos companies responsible for their dangerous products. The 58-51 vote, along party lines, passed the Asbestos Bankruptcy Trust Claims Transparency Act as a means to prevent so-called “double dipping” by plaintiffs seeking to recover the compensation they need to pay for medical bills and lost wages.

In some states, mesothelioma cancer victims have the option to file administrative claims with asbestos bankruptcy trusts set up by companies wthat sought federal bankruptcy protections but still needed to fund settlements for future liabilities. Michigan is one of numerous states that recently passed similar legislation forcing plaintiffs in civil lawsuits against solvent parties to disclose whether or not they have filed claims with any asbestos bankruptcy trusts.

Unfortunately for plaintiffs, the law also has another built-in component designed to deny and delay otherwise meritorious claims Under the bill, if the defendant in an asbestos action identified an asbestos trust claim not previously identified that the defendant thinks the plaintiff could file, the defendant could request a stay of the proceeding.

Understanding risks & benefits of mesothelioma clinical trials

February 16, 2018 | Throneberry Law Group

After receiving a mesothelioma diagnosis you might be considering treatment options available. For those interested in cutting edge and alternative treatment options, clinical trials might be a choice. Before signing up for a trial, it is important to understand the potential risks and benefits associated with clinical trials.

What is a clinical trial?

Clinical trials use human subjects to test new medicines and experimental treatment options in a structured and safe environment. The trials are a live setting way for scientists to test new technology, medicines or a combination of both. Clinical trials for mesothelioma patients test drug and other therapy approaches to see if certain therapy treatments are more effective than others. Trials can last for weeks, months or years depending on what is being tested. Often the trials are sponsored by a government agency, but pharmaceutical companies frequently fund clinical trials.

Congresswoman Introduces Legislation to Protect Children from Asbestos in Makeup

February 13, 2018 | Throneberry Law Group

Michigan Congresswoman Debbie Dingell recently introduced legislation to protect children from the hidden dangers in makeup products recently pulled from store shelves after news investigations revealed the contaminated merchandise was circulating in popular stores. The legislation, dubbed the Children’s Product Warning Label Act of 2018, would impose new labeling requirements on all cosmetic products marketing to children and inform consumers whether or not the items have been properly vetted.

If passed, the Children’s Product Warning Label Act of 2018 would require cosmetics companies to include a warning label that the product has not been evaluated for asbestos contamination unless certain testing is performed. This includes the manufacturer attesting in writing to the Secretary of the FDA that the source of the cosmetic products comes from an asbestos free-mine, and that they demonstrated to FDA that the product is asbestos-free using the transmission electron microscopy method.

“Parents across the country should have the peace of mind in knowing that the cosmetics they buy for their children are safe. Yet we were all stunned when the retailer Claire’s pulled 17 products from their shelves after asbestos was found in cosmetics marketed to children, including glitter and eye shadow,” said Dingell. “No child should be exposed to asbestos through the use of common, everyday products.”

How can I help my family member who has mesothelioma?

February 7, 2018 | Throneberry Law Group

Mesothelioma does not affect only the patient: It can have a ripple effect through an entire family. It often falls to family members to care for their loved one who has been diagnosed with the disease. Caring for a family member who has mesothelioma requires immeasurable compassion, strength and patience.

As the relative of someone who has been diagnosed with mesothelioma, you may be feeling overwhelmed. You may be wondering how you can even begin to care for your loved one in their time of need. Fortunately, there are several ways to help care for a family member who has mesothelioma.

1. Offer your support

Some Elderly Patients may Not be Getting the Cancer Treatment They Need

January 31, 2018 | Throneberry Law Group

A recent study by the Winship Cancer Institute at Emory University reveals disparities in the treatment given to elderly lung cancer patients, including those fighting mesothelioma and other deadly cancers. The study shows why it is so important for all mesothelioma patients, regardless of their demographic, to educate themselves and be proactive in their cancer treatment to improve their prognosis and maximize their survival term.

According to the study, which surveyed over 12,000 lung cancer patients at least 80 years old, African American patients were 20% less likely to receive chemotherapy and radiation to treat their condition. Furthermore, the research revealed that patients that lacked a high school education were 15% less likely to receive the same treatment as those with more education.

Another interesting trait uncovered in the study is that men are 40% more likely to receive chemotherapy and radiation treatment than women. The survival benefit associated with combination therapy persisted even after accounting for factors like age, sex, race, income, and individual tumor characteristics.