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In the span of two weeks, two juries in Massachusetts have rendered multi-million dollar verdicts in favor of plaintiffs in mesothelioma lawsuits. According to a recent news article form EHS Today, in the second of the two cases, the plaintiff started working as an insulator part-time when he was in high school.

Boston mesothelioma lawsuits Following high school, plaintiff got a job repairing boilers.  Insulation was very commonly made entirely out of asbestos products.  The deadly fibers were either spun into sheets like we see with fiberglass insulation, or it was kept lose and spaying into the walls by construction crews on the job. Continue reading →

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In the summer 2017, the news headlines were filed with information about what has become known as the Marco Polo fire.  The fire occurred in Hawaii in the 36-story Marco Polo condominium on the Big Island. When the blaze erupted,  four people died and 13 more were injured in the efforts to suppress the fire and evacuate the building including one firefighter.

asbestos injury lawsuitsWhile the fire was a massive tragedy, the damage did not end with the loss of the $100 million building.  The condo building was built in 1971 at a time when asbestos was used in most aspects of construction and manufacturing. Continue reading →

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According to a recent news article from CBS Boston, a construction crew in Wilmington were tearing down a home that was filled with asbestos.  Authorities allege there were no  abatement permits or proper protocol being followed and the demolition work resulted in a cloud of asbestos filling the air putting many lives in jeopardy.

asbestos lawsuits BostonTown officials did give a permit for the demolition, but admitted they allowed the firm to make a good faith statement that they had handled the asbestos issues and were not requiring any showing of proof. Continue reading →

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While  this far from a problem that only affects the greater Boston area, many college campuses have buildings that were constructed at a time when asbestos was used heavily in the construction process. This not only includes classroom buildings and research laboratories, but also dorm rooms.

school asbestos lawsuit Generally speaking, if there is a asbestos in floor or ceiling tiles, which is very common for buildings constructed during the last half of the 20th century, it does not pose much of a risk to students because the deadly asbestos fibers are sealed into tiles. Continue reading →

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This year millions of  people have displaced from their homes due to hurricanes, forest fires and other natural disasters. While many think of the obvious problems such as loss of life, property, and personal injury, there is another danger in the form of asbestos exposure. This is not only true in the South and Southwestern United States, but also in areas such as Boston with many older buildings that were constructed at a time when asbestos was used in just about every aspect of construction.

Boston Mesothelioma Asbestos was use heavily from the 1800s through the early 1980s. It is actually a naturally occurring mineral made up of six silica elements, and has been used by humans for thousands of years, but it was not until the Industrial Revolution that it was used so heavily.  The reason it was used so heavily at first, was because it has the somewhat remarkable ability to resist heat, fire, caustic chemicals, and electricity.  It was then discovered the inert nature of asbestos could also make it seemingly perfect to use a bonding agent in glues and other construction adhesives and joining compounds. It is seemingly perfect and not actually perfect because the fibers are deadly if inhaled or ingested. Continue reading →

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According to a recent news article from The New York Times, a jury has just awarded $417 million to plaintiff after she became stricken with ovarian cancer linked to talc in Johnson & Johnson’s baby powder.  In this case, the jury found a link between the talc in baby powder and ovarian cancer.

asbestos dust BostonJohnson & Johnson presented evidence that there is no such link between talc and cancer, but a great deal of scientific and empirical evidence seems to indicate that such as link does exist and they believed this to be the case as well.  Continue reading →

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With a population shift favoring urban habitation, parts of the city that people had little desire to move to are suddenly becoming expensive places to rent or buy.  Because of this demand, older homes and structures are constantly being renovated. This redevelopment has been good for the city, but has also resulted in serious asbestos exposure risks for Boston construction workers.

Boston Mesothelioma LawyerOld, rundown residential buildings being gutted to the frames and completely renovated into luxury apartments of condominiums. Land developers are purchasing abandoned factories and warehouses and converting them into high-end residential units. Some buildings are simply too far gone, so the land development firms will simply purchase them so they can be razed with new mixed use buildings constructed in their place.  Mixed use has become a big thing these days where there are retail shops, restaurants, and supermarkets on the lower levels and apartments on the top floors.  There are even some buildings with bars and restaurants on the roof.

Asbestos in building materials was common during the era in which these older buildings were initially constructed.

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Boston mesothelioma lawsuits can be considerably more complicated than other types of personal injury lawsuits. One reason is there often multiple defendants, and all the defendants may be large corporations or asbestos bankruptcy trusts of formerly large corporations with the resources and expertise to fight a plaintiff fiercely. This is true even when they are clearly in the wrong and responsible for plaintiff’s malignant mesothelioma.

Boston Asbestos Lawsuit

Calculating damages in a case with multiple defendants can be a complex and drawn-out process. Settlements and verdicts tend to depend on:

  • Claimant’s medical history;
  • Proof of negligence;
  • Where the claim is filed;
  • Lost wages/ medical bills;
  • Number of defendants.

Courts aim to assign proportionate liability. That is, each defendant is responsible to pay their own share for damages inflicted. Calculating these percentages can be a complex task.

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Boston is a city of buildings that were constructed at a time when asbestos was heavily used in virtually all aspects of construction. Yes, there are historical buildings in Beacon Hill that were built at time before the industrial revolution, but many of the buildings in our city were constructed during the Victorian era at the heart of the industrial revolution in the United States and Western Europe.  This is the reason we have so many Victorian style buildings and Queen Ann Victorians with large round towers and ornate exteriors.

asbestos lawsuits BostonAs time went on, and newer buildings were constructed including the three deckers we find all over Boston, asbestos was still used heavily. It was used because of its abundance, which made it cheap, and the fact that it is naturally resistant to heat, fire, caustic chemicals, and electricity.  It is also an excellent chemical bonding agent, as was discovered later.  For this reason, asbestos fibers were added to many different construction products. It was used in flooring materials including tiles, and wallboard materials, as drywall was replacing plaster as the material of choice, and wall joint compounds.  Continue reading →

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Asbestos was used in just about every aspect of the construction process from the 1850s to the late 1970s.  This is true in Boston, and it also true throughout the United States and Western Europe. There are a lot of reasons that asbestos was used so heavily beginning with the Industrial Revolution, but that was not the first time asbestos was used.

Mesothelioma Lawyers What many people may not realize is that humans have used asbestos for thousands of years.  This is because asbestos is not a manmade product, but rather a naturally occurring element.  Yes, it is true that it was often mined and refined into many consumer products, but it was also used in its natural state. Continue reading →