Asbestos & Mesothelioma Law Blog

A man from Belleville, Illinois recently filed an asbestos mesothelioma lawsuit against Abbott labs, claiming his years of exposure to the toxic insulation was the proximate cause of his life-threatening cancer. The suit, filed in St. Clair County Circuit Court claims Abbott Laboratories and dozens of other companies were negligent in their failure exercise reasonable care to ensure the safety of their workers.

The plaintiff claims he contracted mesothelioma by breathing in asbestos fibers while working at Abbott Laboratories in Northern Illinois. Apart from his former employer, the plaintiff accuses Alcatel Lucent USA Inc. and many others of negligently manufacturing, selling, distributing and installing products containing asbestos fibers.

The asbestos mesothelioma cancer lawsuit asks for $50,000 from each defendant as compensation for his injuries. Additionally, the claims asks to recoup legal fees associated with filing the case and litigating the lawsuit. Depending on how many defendants are held liable for damages, the claim could potentially be worth a substantial amount of compensation.

A U.S. District Court judge recently sentenced a Rochester, New York property developer to probation, community service, and a fine for violations of the federal Clean Air Act. Additionally, the defendant was ordered to pay restitution to the victims harmed by his reckless disregard for public safety by exposing employees to asbestos.

The industrial property where the asbestos exposure took place was adjacent to a residential neighborhood with a school bus stop. The defendant was sentenced to two-year probation, 150-hours of community service, and a $15,000 fine.

Authorities Raid Asbestos-Contaminated Warehouse

A jury in Savannah, Georgia recently awarded $2 million to the wife of a man who died of mesothelioma caused by asbestos exposure. The victim spent years working in a pulp paper mill in Alabama, where the plaintiff’s attorney alleged he was exposed to asbestos contaminated asbestos gaskets and packing material manufactured by John Crane.

During trial, the plaintiff’s lawyer explained to jurors that the defendant had been sued multiple times for asbestos-related injuries but never tested its products to determine if they were safe. Instead, the defendant allegedly relied on junk science produced by a consulting firm and paid millions of dollars for the information.

Attorneys for the defense argued the plaintiff had not been exposed to asbestos in any of its products and further argued even if that had been the case the amount of asbestos exposure would have been too small to cause mesothelioma. Only one witness was called by defense during the 10-day trial while the plaintiff called multiple expert witnesses to testify as to the plaintiffs asbestos exposure.

An Oregon jury recently awarded a Beaverton man and his wife $8.75 million dollars in a mesothelioma asbestos lawsuit filed against drywall maker, Kaiser Gypsum. Jurors agreed the plaintiff’s mesothelioma was more likely than not caused by his repeated exposure to the asbestos-laced spackle product at his job and that the defendant knew for a decade about the risks the product could pose.

The award is one of the largest asbestos verdicts in Oregon. The Portland jury awarded the plaintiff $750,000 for medical expenses, $4 million to himself for pain and suffering, and an additional $4 million to his wife. Doctors estimate the plaintiff has less than two years left to live. The judge in the case estimated the plaintiff could have lived for almost two-decades longer under the state’s life table.

The plaintiff is a father of three and grandfather to several grandchildren. He had just retired when doctors diagnosed him with the deadly cancer of the lining of the lungs. The plaintiff claims he contracted mesothelioma due to repeated exposure to asbestos while working as a carpenter in his early 20s. The asbestos flakes were contained inside gypsum board applied by drywall workers who would then sand down the product to create a uniform finish.

Missouri jurors in two talcum powder ovarian cancer lawsuits recently handed down a pair of monumental awards for plaintiffs totaling $137 million between the two. This could spell bad news for the defendant, Johnson & Johnson, as there are an additional 1,200 more talcum powder lawsuits working their way through the courts.

While attorneys for the plaintiffs successfully demonstrated to the jurors the J&J talcum powder products were more than likely responsible for their plaintiff’s ovarian cancer, questions still remain as to what exactly the relationship is between use of talc and developing cancer. To help answer that, one has to examine where talcum powder comes from and whether it may contain any known carcinogens like asbestos.

What is Talcum Powder?

Pleurectomy and Decortication Surgery may provide mesothelioma patients with a better quality of life. Aggressive cancers brought on by asbestos exposure like mesothelioma can be debilitating in more ways than one. Often times, patients may forgo surgery with the belief their quality of life may suffer after going under the knife. However, a recent study by Loyola University Health System revealed that some patients can benefit greatly from undergoing specialized surgery.

Known as pleurectomy and decortication (PD), the surgery helped increase the quality of life score for mesothelioma patients across the health spectrum. Utilizing the EORTC QLQ-C30 (performance status score) questionnaire, physicians graded the health of the 114 patients prior to undergoing treatment for mesothelioma.

31% of patients were classified as fully functional (score 0), 65% were in good enough health to perform light housework or office duties (score 1), and 4% were able to take care of themselves but could not work at all (score 2). The average age of the patient involved in the study was 70-years old but ranged in age from 50 to 88-years old.

Linking the History of Asbestos to Mesothelioma: Work-related exposure to asbestos has been linked to the rare cancer mesothelioma as well to lung cancer, colorectal, esophageal, pharyngeal and stomach cancer. Despite its toxicity, the history of the use of asbestos is a long one. If you are suffering from mesothelioma, lung cancer or other cancer as a result of your exposure to asbestos, contact an experienced mesothelioma attorney. You may be entitled to financial compensation for your medical bills, pain and suffering, and other losses.

Asbestos is group of fibrous minerals possessing properties of heat resistance, durability, and flexibility. In times of increasing industrialization, asbestos began to be used widely in the shipbuilding, construction, and automobile industries. While mesothelioma can tragically result from exposure to asbestos, the mineral itself is anything but rare. On the contrary, it occurs naturally all over the world. Surprisingly, there is evidence dating back all the way to Greek and Roman empires that links exposure to the minerals to respiratory illnesses.

So, why then, did asbestos continue to be used into the Industrial Age and beyond? In addition to the above-detailed desirable properties, asbestos is very cheap. With increasing industrialization, the minerals began to be more extensively mined – and in myriad locations. In every time and place from Greek and Roman days to the Middle Ages to nineteenth century mines around the globe, asbestos was linked to severe health ailments, yet its use and popularity persisted.

Mesothelioma Lawsuit and the Big Picture: The prospect of filing and preparing for a mesothelioma lawsuit can seem daunting, especially given the fact that you or the loved one you represent are in poor health. There is the gathering of health records and other evidence, determining the whereabouts and status of former employers, and proceedings in and out of court. Fortunately, you are not alone. A skilled and experienced mesothelioma attorney can handle every legal detail, fight for the compensation you are entitled to, and make sure you get the medical treatment and therapies you need for your health.

Your Mesothelioma Was Likely Caused By Work-Related Asbestos Exposure

Asbestos, a group of mineral fibers with properties of heat-resistance, durability, and flexibility, were used widely in the construction, automotive, shipbuilding, and other industries from the 1800s to the 1980s. In fact, the array of products and processes asbestos were utilized in is staggering. In the late 1970s, scientific evidence linked asbestos to severe respiratory problems, including mesothelioma. The symptoms of these illnesses, fatal in their malignant cancerous forms, are intense pain and shortness of breath. If you worked in one of the industries in which asbestos was widely-utilized, you may have inhaled or swallowed “friable” asbestos – fibers that were present in dust or other substances instead of being solidly mixed into or fixed into another substance. Because the lung cannot expel asbestos from the body, the fibers linger there, and sometimes in the abdomen.

If you have been diagnosed with mesothelioma, you may be entitled to compensation for the damages you have suffered. The range of compensation is wide, from thousands of dollars to tens of millions of dollars. There is no one set amount and mesothelioma compensation will be dependent on each unique set of facts.

Still, certain factors are considered in every case. First and foremost is the seriousness of the injury you have suffered. This factor is actually highly complex because of the symptoms and characteristics of mesothelioma. Mesothelioma will arise and conclude within a relatively fixed, identifiable period of time. The window of time in which you might be exposed to asbestos and then become ill with mesothelioma can span from 20 to 50 years. The reason for this is the latency time between asbestos exposure and the presence of cancer in the body. If you are now in your later years, for example, you may have been exposed to asbestos from the 1940s to 1980s, but not become ill until recently. During the time between your exposure and succumbing to illness, you may have been in good health.

Alternatively, you may have experienced respiratory problems from the point of exposure. If your mesothelioma is present in malignant cancerous form, the illness will almost always prove fatal. As hard as this is to contemplate, it bears heavily on the amount of compensation you may be entitled to. How much you are suffering, how long you have and will suffer, the cost of your medical treatment, and impact on your loved ones – all these considerations are relevant to the issue of mesothelioma compensation.

Asbestos Exposure and Product Liability: A reason you may be entitled to financial compensation for becoming ill with mesothelioma or asbestos-related, lung cancer is products liability law. This vast area of law encompasses strict liability, breach of warranty, and negligence. When bringing a products liability lawsuit, your mesothelioma attorney will argue that the manufacturer, distributer, and/or retailer of the asbestos you were exposed to should be held liable for your illness and the pain and suffering it has caused you.

Establishing a timeline is a key component in bringing a products liability-based mesothelioma case. One reason for this is because the construction, automotive, and other industries stopped widely utilizing asbestos in the early 1980s. At this time, scientific evidence of the health risks of asbestos exposure was strong. These health risks were determined to outweigh the cheap, durable, flexible, and heat-resistant properties offered by the group of mineral fibers that comprise asbestos. Because the 1970s brought widespread knowledge of the dangers posed by asbestos, they also bear heavily on responsibility for the effects of exposure. For many years since, agencies such as the Occupational Safety and Health Administration (OSHA) and Environmental Protection Agency (EPA) have imposed standards on employers in the construction, automotive, and shipbuilding industries to protect workers from asbestos exposure in the workplace. So, depending on when and in what industry you were exposed to asbestos, your employer and property owners where you worked, in addition to parties in the retail chain of asbestos, may be liable for your mesothelioma.

Mesothelioma Cases are Often “Fast-Tracked” by Courts