Asbestos & Mesothelioma Law Blog

A Mesothelioma Trial in Libby, Montana, Has Been Scheduled for April 2024

December 1, 2023 | Throneberry Law Group

For purposes of this article, the victims in this case will be referred to as T.W. and J.W.

Vermiculite, a naturally occurring mineral with heat-resistant properties, and asbestos, also a naturally occurring mineral, form under the same conditions. Asbestos is a dangerous substance that can cause several fatal illnesses, including mesothelioma. In Libby, Montana, asbestos contaminated the city’s vermiculite deposit, so years of mining this mineral in the city exposed workers and residents to asbestos. Thousands of people got sick because of asbestos exposure, and over the years, victims and families of victims have filed countless legal claims. In April 2024, two Libby residents’ stories will be told by their surviving loved ones who filed a lawsuit against the Burlington Northern Santa Fe Railway.

T.W. ‘s family and J.W. ‘s family filed a mesothelioma wrongful death claim against the railway company and other defendants after their loved ones died of malignant mesothelioma. According to the two families, the companies named in the lawsuit are strictly liable for their loved one’s death. T.W.’s family and J.W.’s family are seeking to recover compensatory and punitive damages for the wrongful deaths of their loved ones.

Dangers of Improper Asbestos Disposal

November 27, 2023 | Throneberry Law Group

It is crucial to handle asbestos safely. People should avoid performing asbestos removal themselves. Asbestos removal is a job that should be left to professionals. Ensuring that asbestos is disposed of correctly after removal is also crucial. Asbestos or asbestos-contaminated products should not be dumped just anywhere. Failure to properly dispose of asbestos can put people around the asbestos in danger. Any individual who wants to remove asbestos from a property should ensure that they seek the help of professionals. Hiring an asbestos abatement company is the only way to remove and dispose of asbestos safely.

The Proper Way of Disposing of Asbestos

When property owners want to remove asbestos, they must follow the proper steps. Failure to follow the right steps can put many people in danger. The first step to ensure proper removal and disposal of asbestos is hiring a certified asbestos abatement company. The first thing an asbestos abatement company will do is determine if asbestos is present. Sometimes, a person might think that asbestos is present when it really isn’t. If it is determined that asbestos is present, the next step will be to apply for permits. No demolition or renovation can begin until permits have been granted.

Five Surprising Sources of Asbestos

November 20, 2023 | Throneberry Law Group

Asbestos is a dangerous substance that can cause serious health problems. When asbestos fibers are inhaled, several illnesses can occur, including mesothelioma, asbestosis, and lung cancer. Some of the most common ways people get exposed to asbestos include working in a construction site, working as an auto mechanic, working in a shipyard, working in industries such as manufacturing and power plants, and serving in the military. However, while these are the most common ways people get exposed to asbestos, they are not the only ways. There are many other less commonly known sources of asbestos. In this article, we share five surprising sources of asbestos.

Surprising Sources of Asbestos

Many people think that asbestos exposure is a problem for certain people. The truth is that asbestos exposure is a problem for everyone. Asbestos can be found in many everyday consumer products, meaning everyone is at risk of exposure. The following are some consumer products that could contain asbestos;

A Manufacturer of Asbestos-Contaminated Gloves Fails in Two Attempts To Avoid Mesothelioma Trial

November 13, 2023 | Throneberry Law Group

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

In a recent court decision, a judge ruled the surviving family members of a deceased cruise ship worker have a valid mesothelioma case against Steel Grip, an asbestos gloves manufacturer. The judge hearing the case ruled that the mesothelioma lawsuit the survivors filed against Steel Grip should proceed. After G.P., a cruise worker, developed malignant mesothelioma and died, his surviving loved ones filed a personal injury claim in New York. G.P.’s family believes he developed mesothelioma because of the asbestos-contaminated gloves he wore when working. Steel Grip manufactured the gloves, so the family included Steel Grip in their claim. The defendant tried arguing that they had never done any business in New York. However, upon listening to the evidence presented, the judge ruled that G.P.’s family had a valid case and the case could proceed.

G.P. worked on Italian cruise ships for many years. However, while working on the cruise ships presented the risk of asbestos exposure, his family strongly believes that he developed malignant mesothelioma because of his work gloves. In response to being named as a defendant in the case, the gloves manufacturer argued that the court hearing the case did not have jurisdiction over them since they had never done any business in New York. This first argument was defeated by the fact that G.P.’s cruise ships would stop in New York, and he remembered seeing boxes of gloves manufactured by Steel Grip being loaded onto ships while in New York.

Mesothelioma Breath Test May Lead to Early Diagnosis

November 3, 2023 | Throneberry Law Group

For people who have been exposed to asbestos, either directly or through secondary/second-hand exposure, one thing that is constantly on their minds is the possibility of developing mesothelioma. Mesothelioma develops in the tissue layer that covers most internal organs. There are different types of mesothelioma. They are pleura mesothelioma (the most common), peritoneal mesothelioma, pericardial mesothelioma, and testicular mesothelioma (the least common). According to statistics, there are around 3,000 new mesothelioma cases in the U.S. annually. Unfortunately, often, mesothelioma is diagnosed when it has progressed to late stages. This usually means an unfavorable prognosis, or in other words, a low chance of treatment success. A new mesothelioma breath test may allow mesothelioma patients to get early diagnoses.

Mesothelioma Breath Test Study Reveals Encouraging Results

Recently, Belgian scientists explained the results of their mesothelioma breath test study (MESOBREATH 5). While the study is in the early stages, the results gathered so far show that there is hope. From the start of last year, 121 people with a history of asbestos exposure dating back to at least 30 years ago underwent breath testing. Seven out of the 121 people have already been confirmed to have mesothelioma. Those seven received the same testing as the others as a control. Each of the seven confirmed mesothelioma patients tested positive for the illness two years in a row, indicating that the breath test can detect mesothelioma.

Crucial Things You Should Know About Secondary Asbestos Exposure

October 26, 2023 | Throneberry Law Group

There are two types of asbestos exposure — primary and secondary exposure. Primary asbestos exposure, also called occupational exposure, occurs when someone who works with asbestos or asbestos-containing materials suffers exposure at work. Occupations at great risk of asbestos exposure include construction, firefighting, power plant, shipyard, mining, factory, and boiler work. Secondary exposure, which is also called second-hand exposure, is when someone who does not directly work with asbestos or asbestos-contaminated materials suffers asbestos exposure. Most people know about primary asbestos exposure, but some people do not know about secondary exposure. Some people do not know that secondary asbestos exposure can lead to asbestos-related illnesses, such as mesothelioma, asbestosis, and lung cancer. Below, we share some crucial things you need to know about secondary asbestos exposure.

Asbestos Fibers are Not Confined to a Work Space

Asbestos fibers are not confined to a work environment. These tiny fibers can find their way out of a work environment. Asbestos fibers can get stuck on, for example, a construction worker’s clothes, hair, or skin. The worker can then unknowingly carry the asbestos fibers home. This may then lead to the people living with the construction workers suffering asbestos exposure. For example, the worker’s spouse may suffer asbestos exposure when cleaning asbestos-contaminated clothes. This is how secondary asbestos exposure occurs.

Why is it Important to Get the Best Medical Care After a Mesothelioma Diagnosis?

October 20, 2023 | Throneberry Law Group

Getting diagnosed with mesothelioma is one of the worst things in life. A mesothelioma diagnosis can change the patient’s and their family’s life. With a mesothelioma diagnosis comes the uncertainty of what will happen in the future. A mesothelioma diagnosis can also result in financial concerns. While there is still no cure for mesothelioma, there are several treatment options, and the reality is that mesothelioma treatment is not cheap. The cost of mesothelioma treatment can range from tens of thousands to millions of dollars. However, the most crucial thing a mesothelioma patient can do for themselves and their family is to get the best medical care. There are options that can help cater to mesothelioma treatment costs. If a patient’s mesothelioma can be traced to asbestos exposure and the exposure occurred because of another party’s negligence, the patient may be able to file a compensation claim against the liable party or parties and recover financial compensation.

Treatment Options for Mesothelioma

Some of the treatment options for mesothelioma include chemotherapy, radiation therapy, immunotherapy, and surgery. Many more treatment options are being tested in clinical trials, and hopefully, a cure will be found one day.

Philadelphia Teachers Accuse the District of Violating Their First Amendment Rights After Holding Asbestos Protests

October 12, 2023 | Throneberry Law Group

For purposes of this article, the teachers in this case will be referred to as E.T., C.G., and K.C.

Recently, schoolteachers from a school in Philadelphia filed a class action lawsuit accusing the district of violating their Constitutional rights. E.T. and C.G. teach at a public school in Philadelphia, while K.C. retired in June this year. According to the lawsuit, the teachers claim that the school withheld their pay after they protested having to work in dangerous conditions. The teachers gathered their workstations on the outside yard of the school because of fears that the school facilities might be asbestos-contaminated. The school withheld the teachers’ pay for unauthorized absences. According to the complaint, the district withheld the teachers’ pay for August 26 and 27.

According to an attorney representing all three teachers, the district knew that the teachers were not absent. According to the attorney, the district knew the teachers were working. The teachers’ attorney said that the district wanted to put an end to the protest, so it punished the teachers. According to the attorney, such an act violates the First Amendment. The First Amendment gives people the right to express themselves and assemble. According to the lawsuit, up to 50 teachers were unjustly punished and lost wages because of protesting. The affected teachers made it clear that they would not have had to take action if the school had provided them with complete information about asbestos remediation efforts and the dangers of asbestos.

Court Allows World Trade Center Worker’s Mesothelioma Lawsuit to Proceed

October 5, 2023 | Throneberry Law Group

For purposes of this article, the victim in this case will be referred to as K.L.

In a recent court decision, a New York judge allowed a World Trade Center worker’s mesothelioma claim to proceed. When K.L. was diagnosed with malignant mesothelioma, it was clear where his illness had come from. K.L. suffered asbestos exposure while working as a subcontracted employee at the World Trade Center when it was being built. K.L. worked at the WTC starting in 1972. According to the mesothelioma claim, ALCOA was to blame for K.L. suffering asbestos exposure. ALCOA, a general contractor, used asbestos-contaminated products close to where K.L. worked, resulting in K.L. suffering asbestos exposure. According to the mesothelioma claim, ALCOA created a dangerous condition for K.L. despite knowing about the dangers of asbestos.

After learning about the claims against them, ALCOA filed a motion for summary judgment. ALCOA argued that it should not have to defend itself against the claims. The defendant argued they did not supervise or control K.L.’s work as a sub-contracted employee. Additionally, ALCOA presented a memo dated May 15, 1970, that showed an agreement regarding the costs of switching to an asbestos-free product. In other words, the memo was meant to show that ALCOA had stopped using asbestos-containing materials by 1972, the time K.L. started working at the WTC.

Chemotherapy and Hair Loss: Why it Happens and How to Cope

September 24, 2023 | Throneberry Law Group

Unfortunately, there is still no cure for mesothelioma. However, the good news is that several mesothelioma treatment options exist. One of the mesothelioma treatments is chemotherapy. This treatment option involves using chemicals to kill cancer cells and prevent them from growing back. However, chemo is not for everyone. When deciding whether chemotherapy is a good option for a mesothelioma patient, doctors consider, among other things, cell type, tumor location, and the patient’s general health.

While chemotherapy is an effective mesothelioma treatment, side effects are common. Some side effects of chemo are minor, whereas others are severe. Sometimes, side effects are temporary, and other times, permanent. One of the common side effects of chemotherapy that can be either temporary or permanent is hair loss. However, most patients experience temporary hair loss. Hair loss can be distressing to a mesothelioma patient, whether temporary or permanent. Hair loss can make a patient feel self-conscious, vulnerable, and exposed. Hair loss can even result in feelings of depression and anger. Below, we discuss how chemotherapy causes hair loss and how to cope with chemo-related hair loss.

How Does Chemotherapy Cause Hair Loss?