May 30

People afflicted with mesothelioma have a legal right to claim compensation from companies manufacturing asbestos products. Lawyers will help them acquire reparation due them. However, all states have a statute of limitations or limited time periods for filing these type of lawsuits, and these vary from state to state.

Relatives of mesothelioma victims who have passed away as a result of the disease are also eligible to file a claim. Family members exposed to asbestos in a secondary manner (through asbestos brought home by family members working in an asbestos mines or asbestos manufacturing companies) may also be entitled to file a claim.

Understanding the Importance of the Issue

Mesothelioma death rates have increases alarmingly in the past three decades, claiming 43,000 Americans. Symptoms of this disease don’t show up until after 20 – 50 years after exposure, so when the patient is diagnosed with the cancer, it is usually in the advance stages, which means little can be done. 75% of people diagnosed with mesothelioma die within a year after diagnosis.

Mesothelioma is a very painful disease. Symptoms include chest or abdominal pains, back pains, loss of appetite, weight loss, persistent coughing, hoarseness, nausea, vomiting, headache, fever and lack of sleep. It is also an expensive disease. Although incurable, there are a couple of treatments approved to prolong the survival and to lessen the discomfort brought by the disease. Treatments that are available, like chemotherapy, radiation and surgery are expensive.

Compensation claims are intended to help the patient with the burden of having mesothelioma. Adequate settlements will enable the patient to pay the medical fees and will provide for the families of mesothelioma victims who have passed away.

Claims in the US have been steadily increasing in the recent years since 1990. To date, there are more than 500,000 documented claims against dozens of defendants. And because a claimant usually files his lawsuit against several companies, there is a documented evidence of more than 300,000 claims from each of the many asbestos manufacturing companies.

No one knows the total amount paid by defendants to resolve mesothelioma claims since the first mesothelioma lawsuit, but it is rumored to be at an all time high of $21 billion dollars. Settlement amounts range from hundreds of thousand to millions. Some companies have even been documented to spend about $1 billion dollars apiece to settle just one litigation claim! Thousands of firms, including small companies have been sued in the last 3 decades, and to date, 41 companies have declared bankruptcy.

May 30

Asbestos is a mineral that has been exposed to extreme pressure and has undergone physical and chemical change. This is a metamorphic rock, meaning it has changed its form, contains water and magnesium (from seawater), and silicate – a compound found in the earth’s crust. Asbestos was formed millions of years ago. Heat, pressure, and chemical activity impacted on the physical and chemical characteristics of pre-existing rocks. If observed closely, asbestos has thread-like filaments hence it is flexible. Unlike other minerals, it does not consist of tightly bound crystals.

What are the uses of asbestos in industry?

Asbestos is fire-resistant and has been used as a component in fire-proofing materials. It is used in the construction and other related industries.

What are the dangers of asbestos?

The discovery that asbestos has a direct link to mesothelioma cancer was established just before the turn of the century. Common symptoms are chest wall pain, fluid in the lungs, shortness of breath, unexplained fatigue, anemia, blood in sputum, as well as wheezing, coughing, and hoarseness. In severe cases, a person may develop tumor masses or his lungs may collapse. The disease may spread to the other parts of the body. In severe cases, blood clots will build up in the veins or lungs, body organs may bleed, jaundice will develop, blood sugar levels will lower, and severe ascitis may be developed. The risk of acquiring mesothelioma cancer is high. Other diseases are asbestosis, lung cancer, and pleural diseases.

What is mesothelioma cancer?

This is a ravaging disease that affects the tissues that hold the internal organs. It usually occurs in the abdominal cavity and affects the lungs. People also develop tumors as a consequence of this cancer. This type of cancer develops after 15-25 years after exposure to asbestos. Once diagnosed, it is fatal. The survival rate of those diagnosed with mesothelioma is between 6 and 24 months.

How can asbestos be detected?

The deadly asbestos fibers are invisible to the human eye. It cannot be smelled or tasted. The fibers are airborne and fibers can be inhaled or swallowed. The damage is permanent and irreversible.

What are the areas in US with high asbestos exposure?

Dallas, Texas; Denver, Colorado; Beltsville, Maryland; Dearborn, Michigan; Easthampton, Massachusetts; Trenton, Edgewater, New Jersey; Newcastle and Ellwood City, Pasadena; Phoenix and Glendale, Arizona; Honolulu, Hawaii; Marysville, Ohio; Minneapolis, Minnesota; Newark, New Orleans and Los Angeles, Santa Ana, California; Minot, North Dakota; Omaha, Nebraska; Portland, Oregon; St. Louis , Missouri; Tampa, Florida; Weedsport, New York; West Chicago, Illinois; Wilder, Kentucky; Spokane, Washington.

Asbestos mining is also done in Europe, Australia, South Africa Canada and United Kingdom.

How many individuals have been exposed to asbestos?

Records indicate there have been 730,000 individuals who have been exposed to asbestos and some 8,400 companies have been sued. The sheer bulk of litigation has caused the defendants and insurers to spend 70 billion dollars.

May 30

The American Lung Association states that lung cancer has killed more than 150,000 people each year. More often than not, people are suffering from diseases which they acquired from their line of work or their high risk jobs. An alarming increase of lung cancer has been documented. In most cases, these people have been exposed to second hand smoke at the workplace, or they have inhaled dangerous chemicals and substances they should have been warned about. Lethal among the substances is asbestos. The government has taken steps to protect both worker and employer in high risk jobs as asbestos litigation spirals upward. The damage to life is irreplaceable and billions of dollars have been spent to pay victims and their families

Many of those suffering from lung cancer are associated with high risk jobs as shipbuilders, pipe fitters, insulation installers, tile workers, welders, refinery workers, and sanders. These are considered high risk jobs for the consequence in later years. Wondering why? Shipbuilders are always in contact with insulation material called fiberglass. Fiberglass has been known to cause cancer in laboratory animals. Fiberglass is a carcinogenic substance, and this has been known for more than 20 years before companies decided to do something about it. More than just fiberglass, though, Shipbuilders are most likely to be contaminated with asbestos as many materials for shipbuilding have asbestos as a component in varying amounts – therefore shipbuilding is a high risk job.

Pipe fitting is another high risk job. Pipe fitters are more exposed to asbestos as this dangerous mineral is the basic component of pipes and similar materials. Pipe fitters unknowingly inhale the fibers which become lodged in their lungs. Contamination from asbestos is always lethal. Although asbestos is seldom used in today’s industries, it was used widely between 1940 and 1980. Aside from asbestos, pipe fitters are also at risk for contact with benzene - another carcinogenic that causes lung cancer.

Those who install insulation flirt with death and disease through their high risk job. This is another job that has caused lung cancer among the workers. Asbestos is present in insulation materials, and any laborer who has worked as an insulation installer is 92 times more likely to get sick. Another high risk job is working with tiles. They are likely to inhale interminable quantities of asbestos in almost all the materials they work around with – on ceilings, floors, and wall. As they work on the tiles they whiff in the dust which always carry asbestos which will give them mesothelioma cancer or asbestosis. Sanders, unknowingly, are in high risk jobs. Even they have protective gear, they are still susceptible to dust inhalation which may contain toxic fumes from asbestos, benzene and other carcinogenics.

Welding is another high risk job. The metal parts they work with contain a high number of cancer-causing pollutants which they inhale. The pollutants are embedded in the lungs and become a cause for deadly diseases. Meanwhile, equipments in oil refineries contain asbestos. These pieces of equipment include ovens, driers, furnaces, pumps, and heat exchangers. By just being near these pieces of equipment, workers are exposed to the untold risks of lung diseases and mesothelioma cancer.

May 30

The asbestos time bomb is ticking in several U.S. cities and states! Dallas, Texas; Denver, Colorado; Beltsville, Maryland; Dearborn, Michigan; Easthampton, Massachusetts; Trenton, Edgewater, New Jersey; Newcastle and Ellwood City, Pasadena; Phoenix and Glendale, Arizona; Honolulu, Hawaii; Marysville, Ohio; Minneapolis, Minnesota; Newark, New Orleans and Los Angeles, Santa Ana, California; Minot, North Dakota; Omaha, Nebraska; Portland, Oregon; St. Louis , Missouri; Tampa, Florida; Weedsport, New York; West Chicago, Illinois; Wilder, Kentucky; and in Spokane, Washington. These places in the U.S. share a common factor – the presence of vermiculite mines or asbestos processing plants. The focus on these states has risen from the number of litigation cases filed against the mining or processing companies dealing directly or indirectly with asbestos.

In other parts of the globe, the asbestos alarm has been raised in Europe, Australia, Japan, South Africa, and Canada. This harmless looking mineral has unleashed its lethal poison and claimed thousands of lives since the upsurge of the industrial revolution. It was only in the 1920s that strong evidence was collected to cite that asbestos was highly toxic and has caused various kinds of respiratory diseases. In the 1930s, the cancer mesothelioma became associated with asbestos. As people succumbed to the disease, there was little information or protective gears or even warning issued to the public. The fact that mesothelioma cancer develops only after 15 or 25 years after continued human exposure perhaps slowed down the government’s response. A careful study had to be undertaken to make sure that all facts would be accurate before any protective measures were taken.

An asbestos lawsuit is filed a family member with a relative who has developed mesothelioma and has already passed away; or it can be filed by a person has unwittingly developed the disease through a close contact with a person exposed to the asbestos. The compensation could be millions of dollars for victims of mesothelioma who have been exposed to asbestos. There has been a record of 730,000 individuals who have been exposed to asbestos and some 8,400 companies have been sued. The sheer bulk of litigation has caused the defendants and insurers to spend 70 billion dollars.

There have been some 10,462 defendants in asbestos litigation. Many of these litigations are in Libby, Montana; Marysville, Washington; Monroe, Louisiana; and Denver, Colorado.

The sad plight of Don Kaedin is a case in point. Don, who died from asbestosis, said that his superiors did not inform him that he was being exposed to a highly toxic material and further failed to give him any precautionary gear to prevent contamination. Don Kaedin suffered scarring of his lungs which made it difficult to breathe. He died after so much pain and misery because of the neglect of his company.

The presence of the nearby vermiculite mine in Libby, Montana has raised concerns that this may have contributed to the unusual mortality. However it was clarified that vermiculite is not by itself toxic because it does not contain asbestos. It was the geological formation within the area that exposed the presence of asbestos in the mine. The mine has long been closed since the 1990s but the asbestos inhaled by those living near the mine has affected many workers and their families.

May 30

This is a very painful and costly illness. The settlement can help ease the burden brought about the disease by helping patients with their treatment and other medical fees. It will also provide the families left behind by mesothelioma victims with financial security. Victims of this disease can turn to specialized mesothelioma lawyers to claim due compensation for their suffering by filing a lawsuit against the asbestos company that caused their disease.

There are two types of mesothelioma lawsuits. The first is the personal injury lawsuit where the victim, or the person diagnosed with the disease, is living and files the lawsuit himself. The second is the wrongful death lawsuit wherein the spouse or the family of the person who passed away due to the illness files the lawsuit and represent the diseased.

Mesothelioma cases generally take a year to be completed, and it takes a couple of months, sometimes a number of years, for the company to pay the settlement after the amount is agreed on by both sides. But when the company declares bankruptcy, the plaintiff, unfortunately, gets nothing. But the figure is encouraging. There is am overwhelming number of documented successful cases against asbestos manufacturing companies. The settlement amount paid by companies ranges from a hundred thousand to a couple of million dollars.

One example of the many successful mesothelioma lawsuits is the case of Caldo vs. John Crane, Inc. (2005, San Francisco Superior Court, Case No. 412325)

Mr. Caldo was a navy mechanist and an engineering officer exposed to asbestos made by John Crane, Inc. Mr. Caldo was responsible for removing and installing pump and valve packing and gaskets during his naval career. All through his working years, Mr. Caldo was exposed with airborne asbestos from the thermal insulation, packing, and gaskets in the engine rooms of ships. At 60, he was diagnosed with Pleural mesothelioma. He filed a case against the manufacturer, John Crane, Inc. and the jury returned a verdict of $8.6 million in his favor. This settlement amount enabled him to live comfortably the remaining days of his life. Although the disease eventually took his life, he was able to secure the future of his family.

Another successful mesothelioma lawsuit was filed by Mr. Hoeffer against Rockwell Automation. (2003, San Francisco Superior Court, Case No. 28817)As an electrician for most his life, Mr. Hoeffer was constantly exposed with asbestos contained in the electrical equipment he worked with. After he was diagnosed with Pleural mesothelioma, he filed a lawsuit against Rockwell for its defective products and negligence. The company held out from agreeing on a settlement. In the end, the jury awarded $2,999,543 to the 74 year old retired electrician.

May 30

As the number of victims affected by mesothelioma is constantly on the rise, it has become more important than ever to carry out extensive research into this cancer as well as carry out alot of orientation programs so as to increase people’s awareness about the disease. As there is currently no long-term theraphy available to mesothelioma sufferers, all that victims can do is hope that some day a breakthrough will be made by researchers and medical experts. However, this research works are both time consuming and at the same time are capital intensive, and without appropriate funding can be very difficult.

This is where mesothelioma foundations come in. These organizations exist to help the victims of mesothelioma as well as work towards eliminating the disease . Government funding for mesothelioma barely scratches the surface – only a few million dollars have been allocated to mesothelioma research over a period of several years.And as such many of these charitable organisations rely heavily upon public donations.

Mesothelioma foundations carry out excellent work, although they clearly have to work within the limitsofbudgetary provisions. They work towards funding trials and research into treatment of this cancer; they help to support and educate patients as well as offering them advice with regards to treatment; and they aim to provide quality information that helps sufferers and their families.

Many breakthroughs have been made thanks to the dedication and hard work of the professionals at mesothelioma foundations. Treatments that offer a life extension of several months have been discovered, blood tests that help to speed up the diagnosis of the cancer have been developed and medication that can help to shrink the tumour is being investigated. With more substantial funding, these foundations could support even more research giving the world a better chance of finding an effective long term treatment or cure for mesothelioma.

.For those interested in helping mesothelioma organizations to reach their goals, there are several ways in which you can help:

The first one is the most obvious, and that’s by making a charitable donation to your local foundation. This can be in the form of a check, in cash, or if you prefer to donate on a regular basis many foundations can set up a direct debit or standing order so that the money goes directly from your account each month.

Perhaps you’d like to do a little fundraising yourself, in which case doing something like a sponsored run – or anything for which people would sponsor you – could prove effective. You could raise a littleamount of money which could ultimately help to change the lives of millions of people.

Another way of helping is by volunteering to assist the foundations in one of a number of ways, which could include anything from helping with research to providing support and friendship to patients.

Mesothelioma foundations will benefit from all the additional support that they can get, whether it is financial or otherwise. If you feel you can assist in any of these ways, you should contact your local mesothelioma foundation and ask about making a contribution of applying for a volunteer’s position.

May 30

Asbestos is an organic substance. It is made of strong flexible fibres. Asbestos was used during post war building because of it’s heat and fire resistant properties. This fact alone made asbestos a cheap favoured material for any product that was required to be fireproof. Thousands of products were manufactured during the 1940’s and onwards that contained asbestos while scientists were ignorant of the lung damage that exposure could have on people.

It is often thought that asbestos was used mainly for insulating lofts and for factory buildings to keep the risk of fire damage to a minimum but asbestos was used in more personal items such as race car helmets and it is thought that the film star Steve McQueen died of mesothelioma lung cancer due to his use of racing helmets. In fact, any product that was used in a fire risk nature was probably made partly from asbestos before the deadly nature of the material was fully discovered. It can take 50 years before mesothelioma cancer develops after exposure to asbestos but what makes this cancer different is the fact that is almost entirely attributable to asbestos unlike other forms of cancer that have numerable cause factors and influences. During the 1980’s the deadly effect of asbestos was fully understood and this has led to widespread removal of the substance from office buildings, factories, private homes, building materials and products used in fire and safety. But the effect that asbestos had already had on those living and working around it is still presenting itself in litigation cases and injury claims today with no real idea of when this trend will tail off.

The terrorist attacks on New York in 2001 left many people debating the extent of the asbestos inhalation during the immediate aftermath but as for the predicted number of mesothelioma claims which will follow it is anyone’s guess. Some are predicting a litigation time bomb but in a country like the US this would seem like a contradiction in terms.

May 30

While it is not 100% certain to claim that mesothelioma lung cancer has been caused by exposure to asbestos it is indisputable that it is the most likely cause.

This means litigation cases are normally more directed at proving that one company or authority was responsible rather then whether the condition is a result of asbestos or other factors such as a long term smoking habbit.

Because mesothelioma is fatal the compensation payed to victims with successful claims can be huge and when a judge awards a mesothelioma settlement it is nearly always reported in the national press. This has made asbestos injury attorneys widespread but also means that claimants should be extremely wary of the jargon put to them and the type of fee structure that their attorney is using. It is possible for the family of a deceased victim of mesothelioma to still make a litigation case for damages. This can add to the opportunity for an unscrupulous lawyer to make a fortune out of another persons grief or loss. “No win no fee” claims should be considered very cautiously as it goes without saying that if you do win damages your fee could be extremely high. This is why it is essential that you seek out as many lawyers and find out who you warm to the most and how each one differs in their approach and fees. You want to begin your case with a lawyer that you feel you can work with as your case could be drawn out.

In the US it is predicted that mesothelioma claims will peak around the year 2020 and then slowly tail off. This is because of the widespread changes that were introduced in the 1980’s to clear public buildings, factories, homes and products of asbestos to make them safe. A contrary argument goes that cases will increase as in the future there will be less excuses for co operations to make for direct accusations of poor public safety. A good example of this was demonstrated after the 2001 attacks on New York. Many claims since then for asbestos injury have been made although it was widely believed that asbestos removal was carried out in most of the buildings years before. Proving a link between a victims condition and his employer’s premises or work conditions will become ever more contentious as years go on and it is not clear that remuneration settlements will always be so high.

Many countries outside of the United States did not follow such programs of asbestos removal in the 1980’s and if the litigation culture predominant in the US were to transpose itself to countries such as China, the former USSR and the Eastern block countries in the future then there will no doubt be a large amount of claimants for lawyers to reach for many years to come.

May 30

If you have been diagnosed with a form of mesothelioma cancer it is always important to use your friends and family as a source of support and comfort. Most legal services such as mesothelioma lawyers and attorneys also offer you information and contact details of support groups in your area and country and are used to introducing newly diagnosed people to others who have coped well and are able to pass on wisdom and advice as well as organising support circles for those who have little emotional support from their family or friends.
Taking each day as it comes should be the advice we all live by because none of us know what tomorrow brings and as they say “the road to hell is paved with good intentions.” Often those with severe illness discover great personal wisdom and courage as a direct result of their condition and can pass this on to other sufferers who may not be able to cope as well. Keep in mind that your close family will also need support and they should not be overlooked and their feelings should be equally relevant to every decision that you make both legally and privately. It is often forgotten just how much family members can feel isolated and scared when their nearest and dearest appears to be closing his or her emotions away from them.

This is another reason why you should always make use of support groups and if it helps you to express your emotions you should write about your experiences and share what you think and feel. If you have children of a young age it is not essential to explain every detail about mesothelioma because young children’s minds work on an emotional level and pick up on moods and behaviours much more then adults are conditioned to. Try, if you can to carry on providing fun activities in their lives as well as love and support as they will in turn be an enormous source of inspiration and pride to you. In my opinion it is not advised to treat every day as if it was the last as children can view this attitude as very disturbing and “final” and considering the advances in mesothelioma treatment you will probably be living that way for a long time. Aim to keep your family life as stable and normal is it was before diagnosis and this will help your children deal with any other changes that will happen at home.

May 30

Medical research is rapidly expanding all over the world. For the various conditions and diseases, lots of new medicines and treatments are being invented everyday. These medicines and treatments have to be studied in depth, analyzed and tested. For this purpose, clinical trials are conducted. Clinical trials are performed to study the effectiveness of new drugs and treatment.

What is mesothelioma?

Mesothelioma is a serious life-threatening condition in which the mesothelium cells behave abnormally. Most of the organs of the body like lungs, abdomen, heart and some other parts have a lining called as mesothelium lining. Mesothelioma is caused due to exposure to asbestos fibers or asbestos dust. When a person inhales the asbestos dust or fibers through the nose or mouth, they enter the body and travel throughout the body. After this, they settle in some body organ and travel through it, finally coming in contact with the mesothelium lining. As soon as they touch the mesothelium lining, the mesothelium cells start behaving in an eccentric manner. They start dividing rapidly and start to outlive the other cells. This leads to the formation of tumors in that organ, leading to mesothelioma. The tumors may also spread to other parts of the body.

What are mesothelioma clinical trials?

Mesothelioma is very difficult to diagnose, as the diagnosis procedure is quite complex. Also, the symptoms of mesothelioma, like chest pain, fever, cough, diarrhea and so on are similar to many other benign diseases. Thus, it is often confused with such diseases. Finally, by the time it is correctly found out, the patient is in the last stages of cancer, with only few weeks or days left to live.

A lot of research and analysis is necessary in this disease. A lot more should be done to make the lives of these patients more relaxed and peaceful. To achieve this, lots of researchers are trying to come up with new methods of treatment to help mesothelioma patients. Studies about the effectiveness of these treatments are absolutely necessary and for this reason, mesothelioma clinical trials are conducted.

What is done in a clinical trial?

A clinical trial is performed to study the effectiveness of the new types of treatments invented for mesothelioma. The clinical trial would help to find out the correct amount of dosage, how best to administer the treatment and whether there are any side effects in administering the new medicine or the new method of treatment.Who are the people in the clinical trials?

Many people enlist themselves in mesothelioma clinical trials. These are the people who may be anxious to try out the new medicines or treatments or these may be people who want to help other people like themselves, who suffer from this terrible condition. Various patients of different backgrounds with different stages and types of mesothelioma are required for the clinical trials. Some of them may benefit from the trial while for some the trial may prove risky and adverse.

What should a volunteer know before participating in a clinical trial?

Every person who wants to participate in a clinical trial should first understand that a trial is only an experimental study. It may be beneficial to some and adverse to some. Some volunteers may give a freehand to the medical researchers to offer any type of treatment. Some volunteers may pose restrictions and demand only certain types of treatments. This is the choice of the Volunteer and every person should decide this before opting for the clinical trial. Also, the persons interested in participation should speak to their doctor beforehand and find out all the necessary information about the clinical trial. Participation in a clinical trial should not be whimsical. It should be an informed decision.

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