Asbestos & Mesothelioma Law Blog

What are Some Defenses Used in Mesothelioma Cases?

August 1, 2023 | Throneberry Law Group

Companies facing asbestos exposure claims are rarely willing to accept liability and pay mesothelioma victims or families of victims the compensation they deserve. Companies in asbestos claims and lawsuits are usually represented by skilled attorneys armed with several defense strategies. And the truth is that some of the defenses defendants’ attorneys present in mesothelioma cases are quite strong. For this reason, it is vital that if you or a loved one were diagnosed with mesothelioma and you plan to file an asbestos exposure claim against the negligent party or parties, you hire a skilled attorney to represent you in your claim. In the legal system, there is a balance between the claimant’s and defendant’s interests. Defendants have the right to raise defenses, and claimants have the right to dispute the defenses raised by the defense side.

As someone planning to file a mesothelioma claim, it is crucial that you are aware of the possible defenses companies in asbestos exposure claims use. The following are a few of the defenses defendants in mesothelioma cases use.

Alternative Exposure

The Court of Appeals of Washington Rejects Caterpillar’s Arguments and Allows Navy Veteran’s Widow to Recover $4.5 Million Award

July 22, 2023 | Throneberry Law Group

For purposes of this article, the deceased Navy veteran will be referred to as E.E.

In a recent mesothelioma case, the Court of Appeals of Washington rejected arguments that Caterpillar presented and allowed a Navy veteran’s widow to recover a $4.5 million jury award. Before Navy veteran E.E. died of mesothelioma, he and his wife filed a legal claim against several companies they blamed for the illness. E.E. and his wife claimed that E.E. suffered asbestos exposure because of working with asbestos-contaminated pipe insulation while serving aboard the USS Curtiss. The USS Curtiss was the first purpose-built seaplane tender made for the U.S. Navy. E.E. and his wife also claimed that between 1955 and 1967, E.E. suffered asbestos exposure while working for several employers as a mechanic doing maintenance work on Caterpillar bulldozers. Apart from Caterpillar Inc., all the companies that were sued settled the claim out of court. Caterpillar Inc. filed a motion for summary judgment, but the court denied it. This resulted in the case against Caterpillar Inc. proceeding to court.

Unfortunately, the Navy veteran died before his case could be concluded. Fortunately, before E.E. passed away, he recorded a deposition about how he was exposed to asbestos. So in court, the jury listened to this testimony. The jury also listened to testimony from some expert witnesses and a corporate representative of the defendant. After listening to all testimonies, the jury members decided to award approximately $6.5 million in damages. E.E.’s estate was awarded $331,928 for economic damages and $3 million for E.E.’s pain and suffering. E.E.’s wife was awarded $2 million for loss of consortium, and E.E.’s children were awarded a total of $700,000. The $6.5 million award was offset by $1.5 million for other settlements that had already been reached, so in the end, the award stood at $4.5 million.

What are the Qualities of a Good Mesothelioma Lawyer?

July 16, 2023 | Throneberry Law Group

If you or a loved one were diagnosed with mesothelioma, you may have the right to take legal action to recover compensation for medical expenses and other damages caused by the diagnosis. If the illness resulted from asbestos exposure, you have the right to hold the negligent party or parties accountable.

Were you or a loved one diagnosed with mesothelioma? Are you considering filing a legal claim against the negligent party or parties? If so, it is best that you hire an attorney to help you file your legal claim. The right mesothelioma lawyer can ensure you make the best choice as you proceed through the claim process. They can help you acquire the maximum compensation possible.

If you are ready to hire a mesothelioma lawyer, you may be asking yourself, “What are the qualities of a good mesothelioma lawyer?” You may also be wondering how to find an excellent mesothelioma lawyer. Below, we share the qualities of a good mesothelioma lawyer and some tips on how to find the right lawyer.

Top Six Occupations at Risk of Asbestos Exposure in 2023

July 8, 2023 | Throneberry Law Group

Asbestos was widely used during the 20th century because of its durability. Millions of workers were exposed to asbestos during the 20th century. After the dangers were known, the Occupational Safety and Health Administration (OSHA) limited the use of asbestos. When asbestos fibers are inhaled or ingested, they can cause mesothelioma, an aggressive form of cancer, and other diseases such as asbestosis and lung cancer. While asbestos is not banned in the United States of America, regulations that have been put in place have reduced exposure in many occupations. However, many workers are still at risk of asbestos exposure. Below, we share six occupations still at risk of asbestos exposure in 2023.

Construction Workers

Countless buildings were made with asbestos-contaminated materials because asbestos was considered the perfect building material. Asbestos acts as an insulator, has good fire protection properties, and protects against corrosion. Many buildings constructed between 1920 and 1980 still have asbestos-containing materials. Construction workers who work in old buildings are at risk of asbestos exposure. Construction workers can suffer asbestos exposure when removing, repairing, or demolishing asbestos-contaminated materials. These actions can release asbestos particles into the air and make it easier for construction workers to inhale them.

Some Crucial Things to Know About Mesothelioma Claims

July 1, 2023 | Throneberry Law Group

A mesothelioma claim is a legal action that allows mesothelioma patients and their families to recover compensation for the harm suffered. When someone develops mesothelioma because of another party’s negligence, they or their family can file a legal claim and recover financial compensation. Mesothelioma is an illness that occurs after someone is exposed to asbestos. This illness develops after loose asbestos fibers are inhaled or ingested.

If you believe you have a mesothelioma claim, there are some things you need to know about mesothelioma claims. Below, we discuss three crucial things you need to know about mesothelioma claims.

Types of Mesothelioma Claims

Debunking Some Common Myths About Chemotherapy

June 26, 2023 | Throneberry Law Group

There is still no cure for mesothelioma. However, there are several treatment options for this type of cancer. One of the ways to treat mesothelioma is through chemotherapy. Mesothelioma chemotherapy is a treatment that uses chemicals. This form of treatment involves taking drugs that kill cancer cells and prevent them from multiplying. Chemotherapy can be administered alone or in combination with other treatment options, such as surgery or radiation therapy.

Unfortunately, many myths abound about chemotherapy. It is crucial that mesothelioma patients and their families understand the truth about chemotherapy and avoid falling for myths about this form of treatment. At Throneberry Law Group, we have taken it upon ourselves to educate mesothelioma patients and their families about chemotherapy. Below, we debunk some of the most common myths about chemotherapy.

Myth #1: Chemotherapy is an Outdated Treatment

The Burden of Proof in Mesothelioma Cases

June 16, 2023 | Throneberry Law Group

Asbestos exposure can cause several illnesses. One of the illnesses people develop after suffering asbestos exposure is mesothelioma. According to statistics, around 3,000, new mesothelioma cases are diagnosed yearly in the United States. And while mesothelioma is more common in older people, even younger people can develop this illness. If you or a loved one were diagnosed with mesothelioma, you may be eligible to file a legal claim and seek compensation from negligent parties. However, if you are unable to meet the burden of proof, you may lose your case.

What is the Meaning of Burden of Proof in Mesothelioma Cases?

To date, the only known cause of mesothelioma is asbestos exposure. Asbestos exposure causes mesothelioma when a person inhales or ingests asbestos fibers, and the fibers get attached to the lining of the lungs, stomach, testes, or heart. However, it is up to the victim or their family to prove that asbestos exposure happened. This is what is called the “burden of proof.”

Five Crucial Things to Know About Asbestos and Mesothelioma

June 9, 2023 | Throneberry Law Group

If you or a loved one were diagnosed with mesothelioma, you might be eligible to file a legal claim against the party or parties responsible for the asbestos exposure and recover compensation for medical expenses, lost wages, and other damages. If the company responsible for the asbestos exposure declared bankruptcy, you may be eligible to file an asbestos trust fund claim. When it comes to asbestos and mesothelioma, there are several crucial things you need to know. This article discusses five of the most vital things you need to know about asbestos and mesothelioma.

Asbestos Has Been Used in Many Industries and Products

Because of its fiber strength and heat resistance, asbestos has been used in several industries. For example, it has been used in the construction and shipbuilding industry. Asbestos has been used in automotive and insulation manufacturing. This naturally-occurring mineral can also be found in, among others, the following materials and products:

Things to Be Positive for as a Mesothelioma Patient

June 5, 2023 | Throneberry Law Group

If you have been diagnosed with mesothelioma, you are likely going through a tough time trying to adjust to your new normal. You are likely struggling to remain positive while undergoing treatment. The battle with mesothelioma can make you feel like you have nothing to be thankful for. While it is understandable for mesothelioma patients to feel like there is no reason to be grateful, the truth is that there are several reasons to be thankful. As a mesothelioma patient, the following are some of the things you may be thankful for.

#1: Your Support System

Having a reliable support system is one of the biggest blessings when undergoing mesothelioma treatment. It is one of the best coping mechanisms. On days when you cannot do your usual tasks, like cleaning or going to the grocery store, your support system will be there for you.

The Louisiana Court of Appeal, Fourth Circuit Rejects Company’s Appeal of $36 Million Mesothelioma Verdict

May 24, 2023 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this particular case will be referred to as Mr. W.W.

Mr. W.W. was exposed to asbestos during the 1960s and 1970s while working as a pipefitter and union welder for several plants. This was before the dangers of asbestos became known to many. Today, many people know about the dangers of asbestos and the role this substance plays in the development of fatal diseases like mesothelioma and asbestosis. Many years after asbestos exposure, Mr. W.W. was diagnosed with mesothelioma. A month after his diagnosis, he filed a mesothelioma claim against four companies he blamed for his asbestos exposure. Later, Mr. W.W. added thirty more companies to his claim. In 2022, the trial court awarded Mr. W.W. $36 million in damages, with Mr. W.W.’s former employer, Level 3, being ordered to pay $19.2 million. After the trial court made its decision, Level 3 petitioned for a new trial, but that request was denied. The company then decided to file an appeal. In a recent decision, the Louisiana Court of Appeal, Fourth Circuit rejected the company’s appeal and allowed Mr. W.W. to recover the damages awarded.

After the trial court awarded Mr. W.W. $36 million in damages, his former employer, Level 3, filed an appeal on several grounds. The company argued that during the original trial, mistakes were made. The company argued that the $36 million verdict was excessive and improper. According to Level 3, the verdict was based on emotion, compassion, and a desire to punish. The company argued that the judgment was not based on the law. In other words, the company claimed that the verdict was an abuse of discretion. Additionally, the company claimed that the trial court assigned them too great a portion of the $36 million verdict. Level 3 argued that Mr. W.W. should not have been allowed to pursue a strict liability argument against them and that the trial court made mistakes in some of their decisions regarding the evidence presented.