Articles Posted in Mesothelioma Case

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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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While we largely think of asbestos and mesothelioma cases as being civil matters these days, there are various times where state and federal prosecutors will also file criminal charges for alleged violations of environmental regulations and labor laws that breach workers’ rights and safety.

gavel21According to recent news article from WAND 17 News, a man has just pleaded guilty to numerous federal charges that stemmed from allegations of illegal asbestos removal from an old factory in Springfield. Continue reading →

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A recent case from the California Court of Appeal – First Appellate District, deals with what is known as a secondary exposure asbestos case. As the name implies, primary exposure to asbestos occurs when the victim works or lives in an environment where they are being directly exposed to asbestos from the source of contamination. If someone works on a ship, for example, and that ship has asbestos insulation, as most of them did, they would be victims of primary asbestos exposure, and this can obviously cause malignant mesothelioma.

asbestos bootsBecause it typically takes between 20 and 50 years for a person to become noticeably sick with malignant mesothelioma, we are typically seeing cases today where the initial exposure happened decades ago.   Studies have shown that most of these victims of primary exposure are men, because it was more common for men to be working in heavy industry at that time. Prior to that, women worked in industry during World War II, and there were many mesothelioma victims from this group of workers. Continue reading →

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BorgWarner Inc., a Michigan-based company that supplies turborcharger and emissions systems to the auto industry, recently reported a one-time charge of $411 million, which it is setting aside for future asbestos exposure liability claims. gear

That’s according to Crain’s Detroit Business, which reports the charge resulted in a net loss in the company’s fourth quarter of $293 million.

Now of course, this might sound like a lot, but consider that the company’s revenue during that quarter rose by more than 6 percent to $2.3 billion, from $2.1 billion just a year earlier. A big part of that was owing to a 20 percent increase in drivetrain division sales. Net revenue for the year is up to $9.1 billion. When you consider this, that $411 million seems far less substantial, especially when noting how many thousands of asbestos injury claims are likely to arise in the coming years. The supplier figured the $411 million by calculating its estimated costs for indemnity and defense of pending and future asbestos-related claims, which could stretch into the next five decades.  Continue reading →

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Toward the end of the Obama administration, the United States Environmental Protection Agency (EPA) added asbestos to a list of dangerous or hazardous chemicals.  The significance of this new law was the EPA would be able to allocate more money toward the prevention of asbestos-related illnesses, such as malignant mesothelioma.

asbestosWhile asbestos is not used anywhere as near is much as it once was, it still poses a significant danger, and the number of asbestos cases are actually going up each year, according to recent statistics.  As it stands now, there are thousands of deaths from mesothelioma each year in the U.S. alone. Continue reading →

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There is no cure for mesothelioma. Sadly, when most people first learn they have malignant mesothelioma, they are often told they only have a very short time left to live.

nurseWhile there is nothing close to a cure, there are several treatment options available. However, there is often somewhat of a mixed bag, and many patients may elect not to undergo these treatment procedures.  The reason for is because they are not very effective in terms of stopping or reversing tumor growth, and they can be very invasive. Continue reading →

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According to a recent news article from Mesothelioma Research News, a new study involving what is known as the WT1 protein has been shown to have promising results in the treatment of malignant mesothelioma using chemotherapy drugs. There is a big focus on improving the efficacy of chemotherapy drugs, because surgical alternatives are very invasive and often result in significant complications for patients who undergo these procedures.

lungsThis study focused on malignant pleural mesothelioma (MPM).  MPM is the type of cancer where the malignant tumors first appear in the lungs as oppose to the patient’s abdomen or chest.  However, it is important to understand that, while the tumor may start in the lungs, the cancer can and often does quickly spread to other areas of the body where it does a tremendous amount of damage. Continue reading →

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Boston and the surrounding towns in Massachusetts are filled with old buildings. Some of these are three-deckers, offices that have not been renovated in decades, and others are old industrial buildings, such as factories that are not in good enough shape to occupy without major renovations.

construction siteIf these old buildings were fully renovated, they would be beautiful and could be used for years to come as condos, offices, and even mixed use residential and commercial.  However, it is very costly to fully make these repairs, because the buildings were built at a time when asbestos was used in virtually every aspect of the construction process, and now it is in a crumbling state, and that is what is known in the asbestos industry as friable asbestos. Continue reading →

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While companies in the asbestos industry worked hard for more than a century to keep the fact that asbestos exposure causes malignant mesothelioma from the general public, this is not the only serious and potentially deadly illness asbestos exposure can cause. One of the lesser known, but still fairly common asbestos related illnesses is known as asbestosis.

asbestosAsbestosis occurs when the deadly fibers are inhaled and become embedded in the lungs. These fibers are very sharp and can cut and scratch the tissue lining the lungs.  Over time, these cuts can form scar tissue that gets progressively thicker as it keeps opening and healing time and time again. Once this scar tissue is allowed to build, it can obstruct the victim’s airway making it very difficult to breath.  This causes chronic shortness of breath and other serious medical conditions.  Asbestosis is similar to chronic obstructive pulmonary disease (COPD), which is seen most often in smokers.  While a victim can be treated and will likely have to use an oxygen tank, it is not curable and can be deadly. Continue reading →

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When a property owner knows or has reason to suspect that asbestos is present in their property, they must have an asbestos inspection prior to doing any renovation work. If they fail to do so, demolition may result in workers being exposed to the deadly fibers or the asbestos fibers contaminating public areas.

asbestos dustAsbestos inspections must be completed by a certified and properly-trained professional who will wear proper protective equipment when taking samples.  Even if the inspector is pretty sure he or she has located asbestos material, there is a requirement under state and federal law to send those samples to a lab that is equipped to examine the material under a microscope in a safe environment. The lab will not only confirm the presence of asbestos, but will also be able to determine the specific type of asbestos. This is important, because, while all types of asbestos pose a serious hazard to humans, some are more likely to be inhaled than others. Continue reading →