Asbestos & Mesothelioma Law Blog

Top U.S. States for Asbestos Exposure and Mesothelioma

July 3, 2024 | Throneberry Law Group

Asbestos is a group of naturally occurring fibrous minerals. When asbestos is disturbed or damaged, the tiny fibers can be released into the air, where they can be inhaled or ingested. These fibers can become stuck in the mesothelium, resulting in inflammation and scarring. The inflammation can result in genetic changes where cell DNA changes into a mesothelioma cancer cell. The leading cause of mesothelioma is occupational asbestos exposure, which occurs when workers are exposed to asbestos while on the job. Mesothelioma can also be caused by second-hand asbestos exposure, which happens when a worker carries asbestos fibers home to their loved ones without knowing. While asbestos is no longer widely used, it still exists in some capacity all across the United States of America. However, some states are considered hotspots for asbestos exposure. Below are five of the U.S. states with the highest rates of asbestos exposure and mesothelioma.

California

There are several reasons why California is the leading state for asbestos exposure and mesothelioma. First, California has many asbestos-containing mines. These mines are in many counties across the state. Second, the heavy industrial activity in California, including oil and gas, mining, and shipyards, creates an increased risk of asbestos exposure. Third, California has the highest population, leading to increased cases.

Mistakes to Avoid When Hiring a Mesothelioma Attorney

July 1, 2024 | Throneberry Law Group

A mesothelioma diagnosis can lead to significant medical expenses, emotional distress, and financial burdens. When a person’s mesothelioma is the result of another individual’s or company’s negligence, compensation can be sought through a personal injury claim. When dealing with a personal injury claim for mesothelioma, hiring the right attorney is one of the most vital decisions. The right mesothelioma attorney can help you navigate the complex legal process and fight for the compensation you deserve for your illness or your loved one’s illness. However, the process of hiring the right mesothelioma attorney can be challenging. Having to find a lawyer at a time when you are experiencing a significant amount of stress and anxiety is not easy. It is easy to make mistakes that can lead to you hiring the wrong attorney. Hiring the wrong mesothelioma attorney could jeopardize your compensation claim and result in serious consequences, such as not receiving enough or any compensation. Below, we share some mistakes you should avoid to ensure you hire the right mesothelioma attorney.

Hiring the First Available Option

One of the biggest mistakes you can make when hiring a mesothelioma lawyer is hiring the first attorney you consult with. It is understandable that you are stressed and in an urgent situation. However, before choosing an attorney, it is crucial that you take your time to research and compare options.

Court Suggests $19.8 Million Fine Following Asbestos Contamination That Increased the Risk of Mesothelioma

June 28, 2024 | Throneberry Law Group

A Franklin County magistrate recently suggested that a $19.8 million fine be imposed on Paxe Latitude (P.L.), Aloft Management (A.M.), and Paxe Latitude’s majority owner. This is after these parties failed to manage asbestos contamination during renovations, putting workers at risk of mesothelioma and rendering the Latitude Five25 apartment complex uninhabitable. For long, this apartment in Ohio has been a source of controversy. However, nothing has occurred in the past compared to what happened in December 2022.

The significant risk of mesothelioma arose after the apartment towers were evacuated in December 2022 after a problem arose with the water pipes. After the evacuation, the building’s owner, P.L., and its management company, A.M., initiated renovations. Before beginning renovations, P.L. and A.M. did not order an asbestos survey, which violated company policies and legal requirements. Failure to request an asbestos survey put the workers who were doing the renovations at significant risk of mesothelioma.

Inadequate safety measures further compounded the parties’ negligence. Workers were not provided with personal protective equipment (PPE), and no asbestos containment procedures were in place. The situation was exacerbated by the negligent way that carpet, drywall, and ceiling tiles were disposed of. Photos presented as evidence in court showed debris scattered across the floor, with no effort to reduce the spread of asbestos-contaminated materials.

Iowa Supreme Court Allows Independent Contractor’s Mesothelioma Claim to Proceed Against Aluminum Plant

June 24, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as C.B.

For almost a decade, the estate of a mesothelioma victim, C.B., has been seeking justice to no avail. Finally, the decedent’s family may get the justice they have been fighting for. The companies blamed for the asbestos exposure that led to C.B. developing mesothelioma and finally dying have aggressively fought to have the case dismissed. In a recent decision, the Iowa Supreme Court reversed a previous ruling and permitted the mesothelioma claim to be heard by a jury.

This legal journey began after Mr. C.B.’s surviving family members filed a mesothelioma claim after he died in 2015. C.B.’s family blamed his death on asbestos exposure that occurred during the time C.B. worked as an independent contractor (IC) at an aluminum plant. The family named Alcoa, the aluminum plant owner, and a company that was responsible for installing asbestos-contaminated insulation at the plant as the two defendants.

Chicago Jury Awards Mesothelioma-Stricken Former Brick Mason $7.4 Million in Compensation for work at Inland Steel

June 22, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as A.J.C.

In a recent court decision, a Chicago jury awarded a mesothelioma victim who used to work as a brick mason $7.4 million in compensation after a two-week trial. Mesothelioma is an aggressive illness that develops after someone is exposed to asbestos fibers. A.J.C. was exposed to asbestos while working as a brick mason at Inland Steel. 30% of the liability was assigned to Foseco who manufactured hot tops for steel manufacturing and the other 70% to an insulation contractor, Paul J. Krez.

According to the evidence presented in court, A.J.C. was diagnosed with mesothelioma in early 2023 when he was 76 years old. While getting treatment at the University of Chicago, A.J.C. embarked on a pursuit for answers. A.J.C. explored his work history for potential asbestos exposure and thought back to when he worked at Inland Steel about six decades ago. A.J.C. recalled being around asbestos during the years he worked in the company. He worked at Inland Steel in 1965 and then served in the army for three years before returning to the steel company. For the rest of his career, A.J.C. worked at Inland Steel. Mesothelioma has a long latency period. It can take up to six decades or more for mesothelioma to develop after asbestos exposure.

Tips for Talking About Mesothelioma With Children

June 21, 2024 | Throneberry Law Group

Receiving the news that you or a loved one has mesothelioma can be shocking and distressing. It can be difficult for a family to navigate a mesothelioma diagnosis. This is especially true if there are children in the family. It can be difficult to tell children about a mesothelioma diagnosis. Often, parents struggle to tell their children that they or another family member has been diagnosed with mesothelioma. Yet, not having a conversation about mesothelioma with children can leave them experiencing a wide array of negative feelings, such as anxiety and confusion. It can leave them unable to cope. Parents must take the time to talk to their children about their or another family member’s mesothelioma diagnosis. Talking about mesothelioma with children can help them process their feelings. It can help them cope. However, we understand that discussing mesothelioma with children can be difficult. In this article, we share some tips for discussing mesothelioma with children.

How a Parent’s or Another Family Member’s Mesothelioma Can Affect Children

A parent’s or another family member’s mesothelioma diagnosis can affect children emotionally, psychologically, and even academically. The following are some of the ways children may be affected by a parent’s or another family member’s mesothelioma diagnosis;

Connecticut Jury Awards $15 Million to the Family of Man Who Died of Malignant Mesothelioma

June 11, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as N.B.

In a recent court decision, a Connecticut jury awarded $15 million to the family of a man, N.B., who died of malignant mesothelioma in 2023. The jury reached this decision quickly, indicating a clear and decisive outcome.

After N.B., a father of three, died in 2023 at the age of 81, his family filed a mesothelioma claim. N.B. had a degree in chemical engineering and a history of service in the U.S. Army. According to the lawsuit filed by N.B.’s family, his malignant mesothelioma developed due to prolonged asbestos exposure at the General Electric plastics plant where he worked. The family filed the claim against R. T. Vanderbilt Holding, Inc. This company had acquired International Talc, the supplier of the talc used at the plant where N.B. worked. R.T. Vanderbilt tried to have the case dismissed. The company argued they should not be held liable as the successor in interest. The court denied this argument because the company continued the product line after the acquisition. This action led to the company inheriting associated liabilities.

EPA’s New Asbestos Ban is Already Facing Litigation From Chemical Industry Lobbyists and Mesothelioma Advocates

June 4, 2024 | Throneberry Law Group

In March 2024, the U.S. Environmental Protection Agency (EPA) handed down a final rule banning chrysotile asbestos in the United States of America. Chrysotile asbestos is the most common type of asbestos used across the world, and the only form of asbestos that is currently used in or imported into the U.S. Chrysotile asbestos can be found in many products, including sheet gaskets, brakes/linings, brake blocks, and other gaskets. This type of asbestos has been banned in 50 other countries worldwide. Exposure to any form of asbestos, including chrysotile asbestos, is known to cause mesothelioma, lung cancer, ovarian cancer, and many other aggressive and fatal illnesses. Asbestos exposure is linked to over 40,000 deaths in the United States of America every year.

As expected, the EPA is already facing lawsuits from both chemical industry lobbyists and mesothelioma advocates. Chemical lobbyists argue that the ban is overly restrictive, while mesothelioma advocates say the ban does not go far enough. On one side, the chemical industry claims that their use of asbestos is safe and should continue. The chemical industry argues that their use of asbestos poses no health risks. On the other hand, ADAO, labor unions, and other mesothelioma advocates are pushing for stricter regulations, arguing that the current EPA ban is insufficient to protect the public.

The chemical industry and mesothelioma advocates have filed their cases in different courts. This is a reflection of legal strategies. While the mesothelioma advocates chose to file their petitions in the U.S. Court of Appeals for the District of Columbia, the industry stakeholders decided to file their petitions in the conservative 5^th, 6^th, and 11^th circuit courts.

An Illinois Court Orders Johnson & Johnson and Two Subsidiaries to Pay $45 Million for Mesothelioma Death

June 1, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as T.G.

In a recent court case, a jury found Johnson & Johnson and two subsidiaries liable in the mesothelioma-related death of T.G., who was a mother of six and a grandmother and awarded the surviving family members $45 million in damages. T.G.’s case and the cases of many others suffered delays when J&J filed bad faith bankruptcies in an attempt to try and avoid liability. These bankruptcy filings stayed litigation in this particular case and thousands of other cases. The lifting of the hold allowed the case of T.G. and many other cases to finally begin being heard across the country. The decision, in this case, gives hope to the others who continue to fight for justice.

There are thousands of mesothelioma lawsuits pending against Johnson & Johnson. The lawsuits accuse the company of continuing to sell its famous baby powder despite knowing that its talc was asbestos-contaminated. Asbestos is a dangerous substance that can cause several fatal illnesses, including mesothelioma. All the victims and survivors are seeking accountability for the devastating consequences of asbestos exposure.

Court Denies Government’s Petition for Dismissal in Puget Sound Naval Shipyard Mesothelioma Case

May 31, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as G.R.P.

In a recent mesothelioma case, the district court dismissed the U.S. Government’s second petition for dismissal. G.R.P., who passed away due to malignant mesothelioma, a type of cancer that is caused by asbestos exposure, lived for many years downwind from Puget Sound Naval shipyard, the worksite where her husband worked. According to G.R.P.’s family, her mesothelioma and resulting death occurred due to airborne asbestos fibers that found their way to her home from the shipyard. The family also blames G.R.P.’s illness and death on the asbestos fibers that her husband brought home on his clothes. According to the family, G.R.P. suffered asbestos exposure while cleaning her husband’s asbestos-contaminated clothes. G.R.P.’s family filed a lawsuit against the United States Government. The U.S. Government recently filed its second petition to have the case dismissed, but the petition was denied.

The original lawsuit filed by G.R.P.’s family in 2022 describes how G.R.P. suffered asbestos exposure due to negligence at the Puget Sound Naval Shipyard where her husband worked. The original lawsuit details that G.R.P. suffered asbestos exposure due to her husband carrying the fibers home on his work clothes and the airborne asbestos fibers that blew to her home from the shipyard. In other words, G.R.P. suffered environmental and para-occupational asbestos exposure. Para-occupational exposure can also be referred to as second-hand or secondary exposure. G.R.P.’s husband worked at the shipyard from the late 1960s until 1972.