Asbestos & Mesothelioma Law Blog

Mesothelioma Awareness Week has been designated for the first week in April in an effort to raise awareness for mesothelioma and other asbestos-related diseases.  The Mesothelioma Awareness Week resolution makes the point that individuals diagnosed with mesothelioma are expected to survive 6 to 24 months after the diagnosis.  The resolution also urges the Surgeon General to warn the public about asbestos-related health issues.

Montana Senator Baucus proposed Mesothelioma Awareness Week to remember the asbestos-related tragedies of the past and to look to the future in helping those victims and families who are affected by asbestos-related diseases.  Senator Baucus went on to say that the resolution for the Mesothelioma Awareness week was a “rallying cry to keep the tragedy of Libby from happening again” and was proposed in an effort to “remind people that much more work lies ahead to help victims of asbestos-related diseases.”  Additional cosponsors and key supporters include:  Senator Barbara Boxer (D-CA), Senator Richard Durbin (D-IL), Senator Dianne Feinstein (D-CA), Senator Johnny Isakson (R-GA), Senator Patrick Leahy (D-VT), Senator Patty Murray (D-WA), Senator Harry Reid (D-NV), and Senator Jon Tester (D-MT).

Senator Baucus represents the Libby, Montana residents where it is estimated that sixty percent of the people living in Libby has some asbestos-related disease due to the Libby Mines nearby.  The Libby Mines operated from 1919 to 1990 when W.R. Grace halted operations.  During its operations, this was one of the most productive asbestos vermiculite mines.  Those affected by the Libby Mines include miners, mill workers, families and neighbors of the Libby Mine site.

Mesothelioma is described as localized if the cancer is found only on the membrane surface where it originated. It is classified as advanced if it has spread beyond the original membrane surface to other parts of the body, such as the lymph nodes, lungs, chest wall, or abdominal organs.

Diagnosing mesothelioma is often difficult, because the symptoms are similar to those of a number of other conditions. Diagnosis begins with a review of the patient’s medical history, including any history of asbestos exposure. A complete physical examination may be performed, including x-rays of the chest or abdomen and lung function tests. A CT (or CAT) scan or an MRI may also be useful. A CT scan is a series of detailed pictures of areas inside the body created by a computer linked to an x-ray machine. In an MRI, a powerful magnet linked to a computer is used to make detailed pictures of areas inside the body. These pictures are viewed on a monitor and can also be printed.

A biopsy is needed to confirm a diagnosis of mesothelioma. In a biopsy, a surgeon or a medical oncologist (a doctor who specializes in diagnosing and treating cancer) removes a sample of tissue for examination under a microscope by a pathologist. A biopsy may be done in different ways, depending on where the abnormal area is located. If the cancer is in the chest, the doctor may perform a thoracoscopy. In this procedure, the doctor makes a small cut through the chest wall and puts a thin, lighted tube called a thoracoscope into the chest between two ribs. Thoracoscopy allows the doctor to look inside the chest and obtain tissue samples. If the cancer is in the abdomen, the doctor may perform a peritoneoscopy. To obtain tissue for examination, the doctor makes a small opening in the abdomen and inserts a special instrument called a peritoneoscope into the abdominal cavity. If these procedures do not yield enough tissue, more extensive diagnostic surgery may be necessary.

Sheet metal workers make, install and maintain ductwork for heating and air-conditioning systems.  Sheet metal workers can be found in the construction, automobile, aircraft and ship building industries.  In the construction industry context, sheet metal workers often work in what is called the “dead” spaces or the spaces behind the walls and ceiling where spray-on asbestos insulation has been applied or where asbestos sheeting was installed in the past.  As a result, sheet metal workers are at risk for asbestos exposure.

Many sheet metal workers are unaware of the risk of working in and around asbestos-containing products until the diagnosis of mesothelioma or an asbestos related disease.  The harmful effects of asbestos exposure began to gain national attention in the mid 1970’s because of mesothelioma and other asbestos-related diseases.  As a result, government agencies began to warn and protect workers with the use of protective gear.  Today, the greatest risk of exposure for sheet metal workers are those working in and around structures built and insulated before the mid 70’s that have yet to be renovated satisfactorily.

A study conducted by Duke University and the Sheet Metal Occupational Health Institute Trust confirmed that sheet metal workers are at an increased risk for developing asbestos-related diseases.  In that study, researchers followed sheet metal workers from 1986 to 2004 with 20 or more years of experience.  The researchers concluded through statistical modeling that sheet metal workers were at significant risk of developing pleural cancers, mesothelioma and asbestosis.  Sheet metal workers were also at a higher risk for developing asbestos-related lung cancer.

The University of Arizona’s Cancer Center hopes to become the premier mesothelioma treatment center in the Southwest.  A UA thoracic surgeon performed the first successful extraplurual pneumonectomy or radical pleurectomy to treat malignant mesothelioma.

Malignant mesothelioma is a rare form of cancer that attacks the lining of the body’s organs including the lungs, heart and abdomen.  Mesothelioma is caused by asbestos exposure.  Currently there is no known cure for mesothelioma and the life expectancy for mesothelioma is generally six to twelve months from diagnosis.  Chemotherapy is said to extend life by a few more months.

Jonathon C. Daniel, MD, Thoracic Surgeon and Assistant Professor in the division of Cardiothoracic Surgery in the University of Arizona Department of Surgery offers extrapleural pneumonectomy and radical pleurectomy surgery.  Dr. Daniel has performed at least five of the complex surgical procedure.

Electricians were often involved in the renovation and upgrading of older buildings or industrial facilities.  As a result, electricians were at high risk of asbestos exposure.  Asbestos is a mineral fiber linked to mesothelioma, lung cancer and asbestosis.  Mesothelioma is a rare cancer that attacks the lining of the organs caused asbestos exposure.

Electricians were at risk for exposure to asbestos when they worked with electrical insulation, or renovated or upgraded wall, floors and ceilings of older buildings.  The process of wiring or rewiring a building or industrial facility often requires the electrician to crawl through or disturb areas where asbestos was or is present in the form of asbestos-containing products.

Asbestos-containing materials electricians may come in contact include:

The Throneberry Law Group takes cases nationwide, and the laws are different in each state. This includes a statute of limitations that applies to filing a lawsuit. Our lawyers have brought personal injury claims on behalf of men and women who were diagnosed with mesothelioma or asbestos-related lung cancer, as well as wrongful death suits on behalf of spouses and children left behind when the disease proved fatal.

The clock starts when there is a preliminary or confirmed diagnosis of mesothelioma. If a lawsuit is not filed before the deadline in that jurisdiction, the victim or family may be barred from recovering monetary damages. Therefore, it is critical to contact a knowledgeable attorney as early as possible.

See Generic Statute of Limitations for each State.

In addition to mesothelioma, exposure to airborne asbestos fibers increases the risk of two other major diseases: asbestosis and lung cancer. Asbestos-related diseases can take decades to develop, often manifesting after retirement from an industrial career that involved asbestos exposure. Governmental regulation of asbestos has tightened significantly since the 1970s, so asbestos exposure has been greatly reduced.

Lung Cancer

Lung cancer, the leading cause of cancer deaths, differs from mesothelioma. Lung cancer causes the growth of abnormal, cancerous cells into a tumor in the lung itself, not in organ lining. Like mesothelioma, lung cancer can metastasize to other body organs.

In addition to mesothelioma, exposure to airborne asbestos fibers increases the risk of two other major diseases: asbestosis and lung cancer. Asbestos-related diseases can take decades to develop, often manifesting after retirement from an industrial career that involved asbestos exposure. Governmental regulation of asbestos has tightened significantly since the 1970s, so asbestos exposure has been greatly reduced.

Asbestosis

If you have a history of asbestos exposure, you may be at risk for asbestosis, a noncancerous respiratory disease caused when microscopic shards of threadlike asbestos fibers are breathed into the lungs and become lodged. The body excretes acid in response to the foreign object, causing scarring or fibrosis that stiffens the lung tissue, restricting its ability to expand and contract with breathing.

Malignant mesothelioma is a rare cancer that attacks the lining of the organs – lung, heart and abdomen.  After malignant mesothelioma is diagnosed by a biopsy, the medical staff will determine the stage of the disease.  To determine the stage of the malignant mesothelioma, physicians may conduct a computer tomography-CT or magnetic resonance imaging-MRI sans to evaluate the progression of the disease.  Once physicians determine the stage, they will determine the appropriate treatment.

The four stages of mesothelioma are:

• Stage 1 — The tumor is found in the pleura with or without some involvement of the lung, pericardium (lining of the heart) or diaphragm.