Articles Posted in Boston Mesothelioma

The so-called “bare metal defense” is gaining traction in mass tort asbestos actions throughout the country.

Mesothelioma litigation defendants are finding that in some cases, they can successfully argue they should not be held responsible for damages caused by asbestos-containing elements of their product, because they did not manufacture or distribute those specific elements. They assert no duty to warn with respect to a third-party’s asbestos-containing insulation or replacement components.
Our
New England mesothelioma lawyers recognize the problem with this argument is that the asbestos-containing elements of those products were considered essential. To assert that the defendants didn’t know those parts of their product contained asbestos or that the asbestos wasn’t dangerous is a serious stretch, and one that allows culpable manufacturers to escape responsibility for the irreparable harm caused to so many people.

Unfortunately, some courts have been buying it. In Massachusetts, a Superior Court judge overseeing the case of Whiting v. Alfa Laval Inc. granted a summary judgment to two defendants in a case where a plaintiff widow alleged her husband had died due to exposure to asbestos-contaminated products while in the Navy. The defendant, in that case a manufacturer of valves and turbines used on Navy ships, asserted it had no duty to warn of the potential dangers arising from equipment that it neither manufactured nor supplied. Defendants cited favorable rulings by both the California and Washington Supreme courts.
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Victims of mesothelioma often discover their diagnosis and prognosis when it is too late for treatment. New research may give mesothelioma patients hope, as doctors are pursuing innovative strategies to enhance and induce the immune system, specifically to attack cancer cells. The treatment, known as cancer immunotherapy is a new and cost-effective way to deal with even the most aggressive tumors, including ovarian cancer and mesothelioma.

Researchers at the Massachusetts General Hospital (MGH) Vaccine and Immunotherapy Center published a recent report in the Journal of Hematology & Oncology, finding that a protein designed to combine a surface antigen with another protein simulating immune function resulted in prolonged survival in animals. Our Boston mesothelioma attorneys know any advances in the treatment of these aggressive cancers is welcome news.
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A new report indicates insurance companies are largely unprepared for a massive “third wave” of asbestos claims that are expected to be filed within the next several years.

mesothelioma attorneys in New England have been well aware for some time that asbestos litigation hasn’t been slowing down. However, many insurance companies may be caught off-guard by new filings because, according to the New Jersey-based Assured Research group, these firms are leaning heavily on statistics that are obsolete.

In Assured Research’s report, “A Third Wave in Asbestos Liabilities Ahead,” the authors indicate that part of the reason insurance companies aren’t ready is because they haven’t taken into consideration that many new asbestos litigation claims stem not just from mesothelioma diagnoses, but from lung cancer diagnoses as well.
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The 40-year-old English professor is not your typical mesothelioma plaintiff.

He’s relatively young. He is married to his high school sweetheart, has a Master’s degree and a 6-year-old daughter. He teaches at an Ohio community college and on weekends, plays drums in a popular local band.

He’s also dying of mesothelioma, a terminal cancer caused by exposure to asbestos. A Cuyahoga County jury recently awarded him and his family a $27.5 million verdict against an asbestos defendant deemed responsible for his prognosis. Our Boston mesothelioma attorneys understand it is the largest ever such verdict handed down in Ohio.
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Increasingly, our Boston mesothelioma attorneys are handling litigation brought by adult children on behalf of parents who suffered and ultimately died prematurely as a result of this horrific illness.

The unfortunate reality of these cases is that the disease of mesothelioma, once diagnosed, progresses very quickly. Patients who have limited time left don’t wish to spend their last days embroiled in a legal dispute. This is understandable. However, it can be helpful to at least consult with an attorney soon after diagnosis so that valuable information can be gleaned that may assist future litigation brought by family members who also inevitably suffer as a result of a loved one’s untimely passing.

These kinds of tort claims are often filed as wrongful death actions, rather than personal injury. Both allege breach of a duty owed by the defendant, but in a wrongful death claim, parties can also seek compensation for funeral expenses and loss of consortium.
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In a disappointing blow to those who might have sought damages for asbestos exposure from Garlock Sealing Industries LLC, a federal bankruptcy judge has severely curtailed the amount for which the firm will be liable.

Mesothelioma plaintiff attorneys with pending claims against the firm had sought to hold the company responsible for some $1 billion in future liability for the exposure.

This figure was based on previous judgments against the firm, as well as out-of-court settlements.
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When Boston asbestos lawsuits first began to stack up back in the 1970s, it wasn’t long before defendants, victims and judges concluded that valid personal injury claims were going to outpace the amount of money available to adequately compensate those who had been wronged.

It was for this reason that many asbestos defendants started to file for bankruptcy protection – but they weren’t able to get off the hook entirely. Approximately 100 companies have filed for bankruptcy reorganization actions that allowed the firms to set aside money for current and future asbestos injury claims while continuing to operate. Some companies no longer operate, but still have trustees managing these asbestos bankruptcy trusts as claimants continue to emerge decades after exposure.

In these cases, the court decides how much money the firm must set aside (based on projections of current and future liability). It’s often an involved process. But once it’s approved, filing a claim with a mesothelioma bankruptcy trust is a fairly streamlined process. An experienced attorney can help you appropriately file the claim.
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Any amount of asbestos exposure can be deadly, which is why state and federal authorities have strict guidelines in place for how the material must be handled and disposed.

Unfortunately, there continue to be business, property owners and contractors who flout these rules simply to save a few bucks.

Recently in the case of United States v. O’Malley, the U.S. Court of Appeals for the Seventh Circuit upheld the 10-year prison sentence of a contractor who tried to sidestep health and safety regulations.
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