Mesothelioma Law Blog

Mesothelioma Law

Mesothelioma law includes laws that regulate employee exposure to asbestos, mesothelioma law that allows people with mesothelioma to seek compensation for their illness, and new laws that Congress is currently debating with regards to how mesothelioma victims, or their decedents can be compensated for their medical expenses, pain and suffering, and possible loss of future income.

Over 1.3 million people are exposed to asbestos in their work environment each year. Building, construction, railroad, factory, automotive, and shipyard industry employees are all potential victims of asbestos related illness and are the people protected by mesothelioma law. Construction workers have the highest risk of exposure to asbestos.

OSHA has created a body of mesothelioma law outlining the levels of asbestos control that is required of employers. Mesothelioma law states that an employee cannot be exposed to levels of asbestos that exceed 0.1 fiber per cubic centimeter (f/cc) during an eight hour work day or one f/cc in any given thirty minute period. OSHA has also implemented mesothelioma law that requires employers to conduct exposure monitoring, create regulated work areas, and provide adequate respiratory protection, clothing protection, hygiene facilities, and proper training for people who work with asbestos.

Another area of mesothelioma law involves personal injury law, which allows victims who are damaged by another party's negligence to seek compensation for their losses.

In mesothelioma law a person who develops mesothelioma because of asbestos exposure has the legal right to recover damages for their pain and suffering, medical expenses, and loss of income from the manufacturers of asbestos containing products. Under mesothelioma law, the best way for a person to discover their legal rights and options in a mesothelioma legal case is to contact a qualified attorney.
Source

Understand Mesothelioma

Mesothelioma is a rare form of cancer. Most Americans don’t know what mesothelioma is, where it occurs, or what it does. Even though this cancer is rare, a basic understanding of the disease could prove to be very important. One of the number one ways to improve your odds of surviving any form of cancer is to realize the symptoms and seek medical help before the cancer spreads. Accounting for the second highest number of deaths in the United States, cancer will affect 50% of the American male population and one out of every three American women.

There are many different types and forms of cancer, each of which has its own causes, symptoms, and treatments. It is therefore best to respond to cancer with treatment designed and suited for that particular type of cancer. Treatments are also proven to be more effective when the cancer is discovered early.

While there are many different types of cancer, certain lifestyle changes, such as exercising, monitoring a balanced diet, and abstaining from smoking can greatly reduce one’s chances of developing cancer.
More

Preventing Mesothelioma

Obviously, with the inhalation of asbestos being the greatest risk factor and prime cause of mesothelioma, the best way to prevent the development of mesothelioma is to limit one’s exposure to asbestos or take appropriate safety precautions when exposed to asbestos particles. Asbestos can still be found in homes and buildings today, and everyone should limit their exposure to it, but the people who are at the greatest threat are those who work with asbestos and come in contact with asbestos particles on a regular basis.

Occupations that deal with construction and the installation of insulation are at the greatest risk. But other fields of labor involve contact with asbestos particles. People who work in mines, on the railroads, in the shipyards, and even those who make or wear gas masks can come into contact with carcinogenic asbestos particles. Safety precautions, such as the use of protective equipment and procedures, can and should be implemented to reduce the threat of asbestos inhalation. Other steps you can take to prevent mesothelioma include:
Read More

Court Ruling Allows Second Hand Exposure Case to Proceed to Trial

The Tennessee Supreme Court handed down a landmark decision that will allow a second hand asbestos exposure case to proceed to trial. The court ruled that a lawsuit filed against Alcoa by the father of a mesothelioma victim could proceed because the company had a duty of care that extended to family members.

Doug Satterfield filed the lawsuit after his daughter was diagnosed and later died from mesothelioma. Satterfield claims that he was routinely exposed to asbestos and carried fibers home with him on his clothing.

Satterfield filed suit against the company in 2003 but a trial judge initially dismissed the case arguing that Alcoa's liability did not extend to family members. In what could be one of the most important asbestos related rulings in the past decade, the supreme court reversed that decision allowing the lawsuit to go to trial.

The case will now go back to the lower court where they will begin the process of setting a trial date and handling depositions.
Source

Fireman Twice as Likely to Develop Mesothelioma

According to the Firefighter Cancer Support Network, more firefighters have been diagnosed with cancer in the past two years than in the previous 10 years.

The alarming statistic comes from a combination of studies and reports that concluded that cancer development is often a combination of factors, many of which are preventable.
Exposure Risks During a Fire

Firefighters are often exposed to dangerous chemicals emitted during fires that can linger in the air long after a blaze has been extinguished.

Firefighters who began their careers in the 1960s and 1970s often recall going into fires without masks or with very little breathing protection because the risks of chemical exposure were largely unknown. In addition many firefighters believed that fighting a fire with reduced safety equipment was more "macho."

Recently a study of air samples from 25 fires in the Phoenix area showed 20 contained higher than allowable levels of carbon monoxide, formaldehyde or sulfur dioxide air after the fire had been put out.

In addition firefighters are susceptible to asbestos exposure from building materials found in older structures. When asbestos containing materials disintegrate, their fibers can linger in the air and be inhaled or settle on equipment.

Another point of exposure is soot that accumulates on firefighters and their equipment. Soot itself is a mixture of impure carbon particles created during combustion and smaller particles can affect the lungs if inhaled.

This has led many firefighter organizations to emphasize cleaning equipment after fires and recommending firefighters keep their masks on even after a fire has been put out.
Exposure Risks in the Firehouse

Another factor thought to contribute to the cancer rates is the fact that sleeping quarters in many firehouses were often located in close proximity to the trucks themselves. The exhaust from diesel engines combined with inadequate ventilation exposed firefighters to aromatic hydrocarbons including benzene. As a result many firehouses have now been renovated and newer ones place sleeping areas as far away from the trucks as possible.

Many firehouses used asbestos in their fireproofing and as a result some firefighters were exposed to asbestos fibers as the material decayed or was disturbed.
Source

New Jersey Mesothelioma Lawyers

New Jersey mesothelioma lawyers Cohen, Placitella & Roth, P.C. recently updated their online Mesothelioma and Asbestos Resource Center, an invaluable source of information and support for mesothelioma patients and their families. The Mesothelioma and Asbestos Resource Center puts powerful, pertinent legal and medical information in the hands of those who need it most.

The Mesothelioma and Asbestos Resource Center now features information about mesothelioma treatment and clinical trials, descriptions of and links to mesothelioma support groups, and recent mesothelioma and asbestos-related disease verdicts from various courts around the country. Featured asbestos resources include a table that shows the number of asbestos-related deaths by state, explanations of how an individual can be exposed to asbestos, facts about asbestos, and a list of household and construction products that are known to contain asbestos. By reviewing Cohen, Placitella & Roth’s legal guide to mesothelioma lawsuits, mesothelioma patients and their families can learn about their legal rights and what they can expect from a mesothelioma lawsuit, including advice on finding the right lawyer, filing a lawsuit, and receiving compensation.

Over 25 short mesothelioma and asbestos videos are also featured on the site to provide answers to legal and medical questions about mesothelioma in a multimedia format. The videos are professional quality and high resolution with subjects including the history of asbestos, mesothelioma treatment, side effects of mesothelioma, asbestosis cancer, family involvement in mesothelioma cases, and more.

To view Cohen, Placitella & Roth’s Mesothelioma and Asbestos Resource Center, visit http://mesothelioma.cprlaw.com. On this site, you can also fill out an asbestos or mesothelioma case evaluation and have one of Cohen, Placitella & Roth’s highly qualified New Jersey mesothelioma lawyers review your case.

Malignant mesothelioma, a cancer caused by asbestos exposure, can take two forms. Pleural mesothelioma is a cancer of the membrane that surrounds the lungs and lines the wall of the chest cavity. Peritoneal mesothelioma is a cancer of the membrane that covers the organs in the abdominal cavity. Mesothelioma has a long latency period and can manifest itself 10-40 years after the first asbestos exposure. According to nationally renowned New Jersey mesothelioma lawyer Chris Placitella, there are about 2500 new mesothelioma cases diagnosed in the United States each year.

The New Jersey mesothelioma attorneys of Cohen, Placitella & Roth have extensive experience handling asbestos exposure cases and mesothelioma lawsuits. They have been helping New Jersey residents affected by mesothelioma receive the monetary compensation they deserve for over 35 years. “We fight for them like they are our own family,” says mesothelioma lawyer Chris Placitella.
Source

Colorado Mesothelioma

Madison County, CO - A Colorado man is suing 13 companies for his father's death as a result of an asbestos-related disease.

Steven Dux charges the companies with the liability for his father's exposure to asbestos during his career. His father, Andres Martinez, had worked at the various companies between 1952 and 1990 as a laborer and heavy equipment operator.

Mr. Martinez was diagnosed with mesothelioma, a disease most commonly seen in industrial workers, in March 2007 and passed away in November of that year.

Mr. Dux claims that the defendant corporations were aware of the dangers of asbestos but did not take the necessary actions to ensure his father's health and safety. He said that the companies should have known Mr. Martinez would be exposed to asbestos fibers in his line of work and were therefore responsible for his exposure.

The suit alleges that the family had to expend a large amount of money for medical bills related to hospital care and other health services to treat the disease, and more money was lost in wages as a result of Mr. Martinez not being able to work due to his condition. It also claims that he suffered a lot physically and mentally from the disease.

Mr. Dux is seeking sums in excess of $50,000 and compensatory damages in excess of $100,000. In addition, he is seeking punitive damages from all of the companies involved to punish them for their actions and to dissuade other companies from committing similar acts in the future.
Source

Texas Mesothelioma Attorney:Cutting the Cost

Once you are diagnosed with mesothelioma, you need to be sure and find the correct Beaumont mesothelioma attorneys to handle your case. When you are diagnosed with mesothelioma, you just don't know where to turn.

Medical issues can be complicated and with them come some pretty high bills, and you will need to handle that , but you need to know that the disease was caused by being exposed to asbestos in the workplace, and because of that you will require a good Texas mesothelioma lawfirm to get you the compensation you need to cover those medical bills.

Being diagnosed with mesothelioma can be a daunting experience, but you still need to look for the right Beaumont mesothelioma attorneys to handle your mesothelioma case. When this type of disease hits you just have no idea of what you are going to do.

Medical problems and bills are arising and of course you need to deal with that, but you also need to realize that the disease was caused by exposure to asbestos in the workplace and you need a good Texas mesothelioma lawfirm to handle your case and get you the money you need for your family and for those medical expenses.
Source