mesothelioma legal issues.

Legal issues


The first lawsuits against asbestos manufacturers were in 1929. Since then, many lawsuits have been filed against asbestos manufacturers and employers, for neglecting to implement safety measures after the link between asbestos, asbestosis and mesothelioma became known (some reports seem to place this as early as 1898). The liability resulting from the sheer number of lawsuits and people affected has reached billions of dollars. The amounts and method of allocating compensation have been the source of many court cases, and government attempts at resolution of existing and future cases.



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At the turn of the last century, asbestos was considered an ideal building material. It was an excellent fire retardant, had high electrical resistivity and was inexpensive and easy to use.

The problem with asbestos arises when the fibers become airborne and are inhaled. Because of the size of the fibers, the lungs cannot expel them.

Health problems attributed to asbestos include

Asbestosis - A lung disease first found in naval shipyard workers, asbestosis is a scarring of the lung tissue from an acid produced by the body's attempt to dissolve the fibers. The scarring may eventually become so severe that the lungs can no longer function. The latency period ( meaning the time it takes for the disease to develop) is often 10-20 years.

Mesothelioma - A cancer of the mesothelial lining of the lungs and the chest cavity, the peritoneum (abdominal cavity) or the pericardium (a sac surrounding the heart). Unlike lung cancer, mesothelioma has no association with smoking. The only known cause is from exposure to asbestos or similar fibers. The latency period for mesothelioma may be 20-50 years. The prognosis for mesothelioma is grim, with most patients dying within 12 months of diagnosis.

Cancer - Cancer of the lung, gastrointestinal tract, kidney and larynx have been linked to asbestos. The latency period for cancer is often 15-30 years.

mesothelioma story of hope..

Name: Jane Doe
Age: 58
Occupation: Housewife
Diagnosis Date: May 2004
Current Condition: Alive

The day started out like any other day. I was planning on going out to lunch with two of my long-time friends and then spending the afternoon with my daughter and my three beautiful grandchildren.

I noticed what a beautiful sunny day it was as I drove to my primary care doctor to discuss a reoccurring cough that I had had for the past few months. Previous doctor’s visits had not resulted in any diagnosis; but when my doctor’s office called the previous day, they said I should go in to the office to discuss the next step.

When I left the office only 45 minutes later, I realized my life was changed forever. I had been given the devastating news that I had mesothelioma, a deadly form of cancer that is currently untreatable.

Looking back on that day, I was in shock. I don’t remember driving home, or how my friends knew enough to come over.

How could this be happening to me?

I have always been a healthy, active woman. Other than losing my husband to lung cancer 4 years ago, I have always had a pretty blessed life. Telling my kids was the hardest part. Knowing that I wouldn’t be around to watch my precious grandchildren grow up, or to see my youngest son get married, was unbearable.

I was about to begin the last chapter of my life... A chapter that no one could ever be prepared to face.

After living in a state of shock, anger, and then followed by severe depression for a few weeks, I began to ‘come out of the fog’. I realized that yes, my life was going to be much shorter than I had anticipated, but I was still alive. I began to seek out support groups for people with terminal illness. This was a tremendous help for me.

It didn’t make having mesothelioma any easier. That part still felt as if I was living a nightmare. What the support group did do was to help me feel like I am not the only person to go through such a horrible experience.

By sharing our stories and our sources of comfort and hope, I felt a sense of being more at peace with things.

One question that I can’t get out of my head is how?

I have always been healthy, active, never smoked…
Where did this horrible disease come from?

It has been concluded that the cause of my disease was 25 years of my husband working as a carpenter and coming home with dust-filled clothes. I always assumed it was drywall dust; in-fact, it was asbestos…

Being the home-maker I was, I routinely did laundry for the family several times a week. Apparently this simple, mundane task that seemed so harmless for all those years, was like breathing in deadly air in the mistaken ‘safety’ of my own home.

The hardest part of this whole illness isn’t all of the pain and suffering that quickly comes along, nor is it the endless doctors appointments, and losing your sense of independence. The worst part of mesothelioma is how quickly the disease progresses and how little time that leaves you with family and loved ones.

I just can’t imagine not being here with them on holidays, and for all of the daily nuances of life. I still struggle with this each and every day, and try to be thankful for every minute I am on this earth with the people I love.

I have some comfort in knowing that when my time comes, I will be able to be with my husband once again, hopefully watching over my family like a guardian angel, to make sure they are never working in an environment that years later could kill them or their own family.

Mesothelioma

Mesothelioma is a disease that, until recently, was extremely rare.  To date, little is know about the condition. However, as the rate of the disease has increased, a new breed of lawyers – those dealing specifically with mesothelioma lawsuits – have stepped in to fight for the rights of victims afflicted with this disease. These lawyers and law firms  often deal exclusively with mesothelioma victims and their families who wish to claim compensation from the companies that were responsible for their exposure to asbestos. These mesothelioma lawsuits often result in millions of dollars for the victims when handled by an experienced lawyer or law firm.

Those who have been diagnosed with mesothelioma have every right to file a lawsuit. Many of the companies responsible for exposing workers  to asbestos were well aware of its dangers and effects, but still saw fit to let their workers continue with little or no protection against the dust and fibers that emanated from this hazardous material. Now, decades later, the effects of this exposure is taking its toll on American workers just as they reach their golden years. These workers are entitled to compensation and justice for their pain, suffering and loss of life.  A mesothelioma lawsuit can provide them with such justice.

Today, there are many mesothelioma lawyers to choose from.  The number of lawyers and law firms handling these lawsuits is on the rise. Many of these lawyers have dealt with numerous mesothelioma lawsuits and have a good deal of experience and knowledge about the disease. Those looking for a mesothelioma lawyer should chooser someone that has proven experience in the field. Most reputable lawyers will be happy to provide facts and figures on previous cases that they have handled.  However, these lawyers often do not provide private information that might be subject to confidentiality. They can, however, provide you with details on how quickly cases were resolved, how much compensation was successfully obtained and how many mesothelioma lawsuits they have dealt with.

It is also worth finding out about the mesothelioma lawsuits that were not successful, and why they were not successful. It may be something as simple as a missed piece of evidence to failure to comply with sensitive timetables associated with such cases.  These elements can make the difference between a successful and an unsuccessful lawsuit.  By finding out why some lawsuits resulted in no compensation, you may be able to avoid making the same type of mistake.

It is important that you find a good, experienced mesothelioma lawyer as soon as possible after you have been diagnosed with the disease. Most states have a set time limit in which you can file your lawsuit, and it is very important that you not miss that deadline known as a statute of limitations. Otherwise you may find that you are ineligible to make a claim. You also need to give your lawyer as much time as possible to do the necessary research and put together a solid and case against the negligent parties. In short, the earlier you get to a mesothelioma lawyer, the better your chances of success.

Many people are concerned because they do not know exactly where and when they were exposed to asbestos. Some people may have worked in several different places and been exposed to asbestos on numerous occasions. However, your mesothelioma lawyer can help in identifying products that you were exposed to. If necessary, your mesothelioma lawyer will hire the services of a private investigator to find out where the exposure took place. With some research and digging, the lawyer is generally able to pinpoint the company or companies responsible for the exposure.

Again, this can take time and is another reason why it is so important to find a mesothelioma lawyer as soon as possible after the diagnosis of the cancer has been confirmed. Understandably, patients who have just been told that they have mesothelioma will have a great deal on their minds and filing a lawsuit may not be one of their priorities. However, the timely process of selecting a lawyer and filing your lawsuit can make all the difference in securing the future of your family.