Boston Mesothelioma

April 7, 2018

Determining Statutes of Limitations in Boston Mesothelioma Lawsuits

Mesothelioma lawsuits in Boston are significantly different from many other types of personal injury lawsuits and products liability actions. One of the major reasons deals with when the injury is discovered and when a suit can be brought. In most personal injury cases, the statute of limitations begins to run as soon as the injury occurs. The specific statutes of limitations for various civil actions are found in Chapter 260 of the Massachusetts General Laws (M.G.L.).

For example, pursuant to Section 2A of the M.G.L., a tort action for a personal injury lawsuit filed in Boston must be brought within three years of when the cause of action arises, which is usually the time of the injury or onset of the illness. Continue reading

March 28, 2018

Filing Mesothelioma Lawsuits in Boston with Very Ill or Deceased Plaintiffs

by Jeffrey S. Glassman

In most personal injury lawsuits, the plaintiffs (victims) are able to fully participate in their case and appear at deposition or as a witness at trial. This is often true even in serious Boston personal injury lawsuits after plaintiff has undergone numerous surgeries and an extended hospital stay. In Boston mesothelioma lawsuits, however, plaintiffs are very sick people who sadly for the most part will not survive the duration of a civil lawsuit filed in federal court or the Suffolk Superior Court. That does not mean such cases aren’t worth pursuing. We can often arrange an immediate deposition and thereafter minimize the involvement of the plaintiff. Even if plaintiff never personally sees the conclusion of the case, they are often still worth pursuing.

Mesothelioma lawsuits are about:

treatment mesothelioma

Ensuring your family/ loved ones are financial secure, given the fact that you have died an untimely death caused by someone else’s negligence that left you unable to continue your contributions;
Holding accountable those companies or individuals that profited by deceiving the public and concealing the known dangers of their product;
Being a lesson to other businesses and individuals about the price they will pay for marketing dangerous products.

Our dedicated attorneys for asbestos injury plaintiffs are committed to helping walk individuals and families through this difficult and sometimes confusing process. Continue reading

March 19, 2018

New Hi-Tech Solutions for Old Asbestos Problem

by Jeffrey S. Glassman

Asbestos was once heavily mined in the U.S., primarily in western states such as Montana, as well as in Canada’s provinces, where conditions are ideal for asbestos formation. This is one thing of which many people are no longer aware. Asbestos was used by many factories in their own equipment and it was used to manufacture a variety of industrial, construction, and even consumer products, but the material itself is a mineral mined from the earth.

Asbestos forms in the same conditions as talc and vermiculite, which is why we have also seen asbestos contamination in those materials as well. There is also the possibility talc itself can cause ovarian cancer and other serious reproductive problems in women, who are more likely than men to use talcum powder products. Continue reading

February 12, 2018

New Bill Introduced to Keep Asbestos Out of Children’s Makeup

by Jeffrey S. Glassman

Over the past year, there have been allegations of asbestos fibers being present in two different cosmetic products designed for use by children. Both of these products contained talc, which is common in makeup and also a glitter substance that is supposed to sparkle. In both instances, an independent materials testing laboratory confirmed the presence of deadly asbestos fibers in some quantity of the children’s products, but the retail chain in which the products were sold across the nation said their own respective testing found no evidence of contamination.

Regardless of whether these particular products contained asbestos fibers, there is certainly a chance of asbestos being present in any products that contain talc, unless proper testing methods are used during production to determine if asbestos is actually present. To make matters worse, while producing an asbestos-containing children’s makeup and not warning customers would be an example of negligence, there is no law preventing the manufacturing of such products.

But a new piece of legislation is aimed at closing this loophole. Continue reading

February 8, 2018

Second Major Asbestos-Talc Trial Now Underway

by Jeffrey S. Glassman

Talcum powered is a powdered form for talc which is a naturally occurring mineral. It has been found to develop in the same geological conditions as asbestos and for this reason, talcum powder products can contain deadly asbestos fibers. There is also evidence talcum powder itself can cause ovarian cancer and other serious medical conditions. According to a recent news article from NJ.Com, a jury has heard the opening arguments in a case with a plaintiff who claims he developed malignant mesothelioma in his abdomen and lungs.

In an opening statement, his attorney alleged his 46-year-old client used baby powder manufactured by Johnson & Johnson for much of his life. It was this baby powder which he claims caused him to development malignant mesothelioma. He was diagnosed in with malignant mesothelioma in 2016. This is the second products liability lawsuit in which a plaintiff has alleged exposure to Johnson’s Baby Powder caused mesothelioma. Both cases were filed in the jurisdiction in which defendants corporate headquarters is situated. Continue reading

January 18, 2018

Proving Causation in Boston Asbestos Lawsuits

by Jeffrey S. Glassman

If a plaintiff has been diagnosed with malignant mesothelioma, there is very little question his or her deadly form of cancer was caused by exposure to asbestos fibers. The legal issue is therefore not whether plaintiff was exposed to asbestos, but rather when such exposure occurred and what company manufactured the asbestos products to which plaintiff was exposed.

In some cases, the answer to this question is fairly easy such as when the plaintiff worked for a company that mined asbestos minerals or a company that manufactured products from those asbestos minerals. However, these cases are not as common anymore because asbestos is no longer in widespread use. Today, many current plaintiffs were exposed while working in the construction trades or at a factory as these plants were often filled with asbestos-laden products. Continue reading

January 11, 2018

Update: Children’s Makeup Retailer Claims Products Asbestos-Free

by Jeffrey S. Glassman

Days after a major retailer of children’s makeup cleared shelves after a customer accused the company of peddling asbestos-laden products, the business is now insisting the products are asbestos-free.

The products were yanked after one customer reportedly tested her daughter’s makeup and alleged asbestos was found. Now, the retailer says it has conducted its own testing (specifically on a brand of glitter makeup) and insists there is no asbestos therein, according to CNN.

While we must first note that there has been no formal finding of liability at this time or even independent proof that the deadly substance was ever in this product. Still, it’s not difficult to understand why consumers have a tough time trusting large, lucrative companies when it comes to these issues. It’s been established repeatedly that in the past, hundreds of firms willfully lied to the public over the course of 200 years about whether their products contained deadly asbestos fibers or whether those fibers were in fact dangerous. Most of those corporations were involved in mining asbestos or distribution of certain building materials laden with the material. Continue reading

January 7, 2018

Many Massachusetts Schools Face Asbestos Issues

by Jeffrey S. Glassman

Many Schools in Boston were built at a time when asbestos was used in heavily during the construction process. This include tiles, pipes, pipe insulation, wall insulation and many other many other construction materials. Now that these buildings are old and have not been properly maintained over the years in many cases, students, staff and faculty are often facing problems associated with asbestos exposure.

According to a recent news article from The Boston Herald, a elementary school in Fitchburg, Massachusetts had to close for at least a week after a pipe exploded during the winter recess. This burst pipe resulted in ceiling tiles being damaged, and these were tiles that are known to contain deadly asbestos fibers. The school board said that it is working with the necessary government agencies and a professional asbestos abatement firm. Continue reading

December 30, 2017

More Children’s Cosmetics Recalled Due To Asbestos

by Jeffrey S. Glassman

Several months ago, one brand of children’s makeup was pulled from store shelves across across the country due to asbestos being found in the products. According to a recent news article from Quartz, lab tests revealed asbestos in another brand of makeup products designed for use by children.

The recent issue came to light when a mother who purchased some of the cosmetics for her daughter and became concerned they may have contained asbestos. While there did not appear to be any obvious signs of asbestos in the makeup, it was very similar to other makeup involved in a previous asbestos case. This particular customer had been working with a materials testing laboratory as part of her occupation and decided to have this makeup tested just based upon an alleged hunch. Continue reading

December 23, 2017

Asbestos Still Used in US and Russia is Main Supplier

by Jeffrey S. Glassman

There was a long period during American history when the general public was largely not aware of the dangers of asbestos. That is no longer the case. These days, most people are aware of the dangers of deadly asbestos fibers, though many erroneously assume the material has been banned in the U.S.

In the late 1970s, when the dangers of asbestos became public knowledge, the U.S. Environmental Protection Agency (EPA), attempted to ban the mining of asbestos and the importation of raw asbestos and goods that contain measurable amounts of asbestos. Unfortunately, this law was overturned by the U.S. Supreme Court a couple of years of after it was enacted on grounds that EPA had overstepped its bounds and did not have the authority to create a law that affects interstate commerce without action from congress.

Today, the asbestos industry isn’t exactly thriving in the U.S., but neither is it dead.