Articles Posted in Mesothelioma in New England

Our Boston mesothelioma attorneys know that there are few causes of more critical importance today than finding a cure for this disease. labwork2.jpg

That’s because the clock is ticking for those who suffer from it.

Caused by exposure to airborne particles of asbestos fibers and typically affecting the lining of the lungs, the disease remains latent for decades, but only 10 percent of mesothelioma patients survive past the five-year mark.

So it’s encouraging to hear about a new research center that has opened in England. Even though it’s not located stateside, breakthroughs that occur there can benefit mesothelioma sufferers across the globe.

Papworth Hospital, which is in Cambridgeshire, about an hour north of London, has announced its new research center, called the “Mesobank.” This facility will conduct live tissue sampling as well initiate data research.

While mesothelioma remains a serious problem here in the U.S., the U.K. now holds the unfortunate title of having the highest mortality rate for mesothelioma in the world. There, about 2,300 die every year – more than are claimed by thyroid cancer, testicular cancer, skin cancer or cervical cancer.

However, Britain’s population is much smaller than in the U.S. Here, an estimated 10,000 people die annually from the disease. The Environmental Working Group estimates that more Americans die from asbestos exposure each year than do of skin cancer or even firearm-related deaths.

Part of the reason has to do with how pervasive asbestos was in a wide range of products over many, many years. Primarily, these included pipes, insulation, shipping materials and auto parts, but it wasn’t limited to those areas. That’s part of what sometimes makes it difficult for mesothelioma lawyers to pinpoint the exact source of exposure. In a lot of cases, multiple defendants will be taken to court, as most cases involve multiple sources of exposure.

The average life expectancy once someone diagnosed with mesothelioma is 18 months.

During its latency period, a person may have no symptoms whatsoever. It’s worth noting that the highest rates of longer survival involve those individuals who catch it early.

The top two early warning signs are shortness of breath and a heavy feeling in the chest. Other possible symptoms of pleural mesothelioma (in the lungs) include:

1. Back or side pain;
2. Trouble swallowing;
3. Fatigue;
4. Cough;
5. Weight loss.

Symptoms of peritoneal mesothelioma (in the abdomen) include:

1. Abdominal pain;
2. Back pain;
3. Anemia;
4. Nausea and vomiting;
5. Constipation.

The hope of the Mesobank is ultimately to find a cure for this disease, though in the immediate realm, researchers are hoping to extend that life expectancy.

Dr. Robert Rintoul, the consultant physician at the hospital, said this is form of cancer for which research has been sorely neglected. We concur and will be closely watching the research developments as they unfold.
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Two Boston higher education providers, as well as a construction company, have drawn the ire of state environmental officials for violating state statutes governing asbestos exposure. asbestosdanger.jpg

Reports are that Emerson College, Boston University and Suffolk Construction Co. Inc. will have to fork over some $530,000 for violations.

Our Boston mesothelioma lawyers are encouraged that state officials are holding these entities accountable, yet concerned about the potential exposure of college students at these facilities. Exposure to asbestos leads to mesothelioma, though it’s not diagnosed for many until decades after that exposure. Once a person is diagnosed, the disease usually overcomes them in a matter of months or a few years.

The first incident happened last year, when Boston University’s trustees were slapped with a $75,000 fine after spring 2010 renovations to a residence hall, medical building and student union. The Massachusetts Department of Environmental Protection said that the university did not submit demolition notifications, and as a result, asbestos-containing materials were removed without enough protections in place. Even when workers apparently discovered the asbestos and began to remove it, they did not properly notify the state DEP.

Despite the hefty fine, the DEP agreed to suspend half of it if the school reported no other asbestos violations in the next 12 months.

They didn’t even last a month.

The DEP later reported that a contractor hired by the school to demolish and renovate two location son campus reportedly removed asbestos material from the school prior to the school filing the proper paperwork with the state.

As a result, the DEP recently announced the school would after all be responsible for the suspended penalties from last year.

Subsequently, Emerson College and its contractor, Suffolk Construction Co. Inc, will be responsible for $250,000 each – or $500,000 total – for its asbestos violations at an old Colonial property the college had purchased, intending to convert it to student housing.

This would have been fine, except that a consultant who was hired to determine whether the building had asbestos determined that all areas of the structure were not accessible, and therefore further testing was necessary as soon as access was enabled.

However, rather than following through with this advise, university officials and the construction company reportedly decided to simply move ahead with the project anyway.

And in fact, there was asbestos present in the building. DEP officials found asbestos-containing materials throughout the entire building, including in a type of wall insulation called Mac-ite. This material was not only missed during the initial assessment, it had been heavily damaged during the renovations, meaning the asbestos was likely released into the air, which is how it is the most dangerous.

The result was that workers, tenants and the public in general was put at risk.

The DEP, in turn, has given both the college and the construction company a $250,000 fine.
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New England mesothelioma cases are the direct result of negligent exposure to asbestos. shadows.jpg

Our Boston mesothelioma attorneys know that for many victims, it isn’t possible for justice to ever fully be served because currently, those who have been diagnosed with this awful disease aren’t going to get better. No amount of money is going to cure them.

However, these judgments are often about principal and about making sure that the victims’ survivors are going to be cared for after they die – usually decades sooner than they would otherwise.

But despite all the knowledge we have about the dangers of asbestos exposure, some companies still don’t seem to care about following the basics for removal of this deadly substance.

Sure, it’s contained in a lot of old materials, but there are very strict guidelines for how it must be handled in order to prevent exposure not only to workers but the general public. The danger is that if ingested through inhalation, a person could be at serious risk for mesothelioma or other cancers.

The Massachusetts Department of Environmental Protection takes these violations fairly seriously – and companies and their contractors should take heed.

The most recent case was a contractor in Mansfield that was fined nearly $20,000 for violating asbestos removal rules while working at the Boston Common Garage.

According to a press release by the state DEP, the company, National Restorations Systems Inc., was reportedly hired to complete demolition and renovation at the Boston Common Garage. For those who may be familiar, that’s the downtown garage at 0 Charles Street.

The company is actually based out of Illinois, but has a regional office in Mansfield, so it was able to complete the work locally.

The work started back in September of 2010. Just a few days after work began, a public safety official stopped a trailer that was pulling away from the site. It was believed that the trailer contained material that had asbestos in it. Both the vehicle and the trailer were ordered back to the construction site. At that point, the materials within were tested for asbestos.

The results of those tests found that there was in fact asbestos in certain pipe coverings.

The company was cited not only for failure to notify the state’s DEP about the presence of asbestos, but also for failing to properly remove it, according to state law.

It is believed that the demolition was stopped in time to prevent any major exposure to the public in the heavily-populated downtown area.

The company’s president has refused comment to the press.

The DEP has said that half of that must be paid by the company immediately. If it remains in compliance with state and federal laws, however, the remaining balance will be suspended.
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When you are involved in a Boston mesothelioma case, questions may arise regarding what your employer’s duty was in protecting you from unsafe products. It is often hard to think that you were working with fatal substances and no one warned you. Having an experienced Boston mesothelioma attorney to help investigate the facts and recognize the legal issues in your case is essential to recovering the award you deserve.
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In O’Neil v. Crane, the court discusses the issue surrounding the duty employers owe to their employees. The issue is specifically whether a manufacturer has a duty to protect employees from foreseeable harm associated with the products used in the production of their items.

Defendants are manufacturers of valves and pumps used in Navy warships. They would buy external insulation and internal gaskets and packing from a third party in order to produce these pumps and valves. These components used by the manufacturers contained asbestos that harmed the plaintiff in this case. Plaintiff was exposed to these items containing asbestos in her capacity as an employee for the defendants. Plaintiff suffered harm associated with this asbestos and subsequently died.

Plaintiff’s estate filed a lawsuit against her former employers for wrongful death, claiming that the defendants should be held strictly liable in addition to negligence because it was foreseeable that their workers would be exposed to and harmed by the asbestos in the components they used in manufacturing the pumps and valves.

Strict liability is a form of liability common in torts, which is classified as a civil wrong. This type of liability is very common in product liability cases because there is no need to prove negligence or intent. In order to prove that the defendant is guilty under strict liability, the plaintiff must prove that the defendant is responsible for the civil wrong that occurred which harmed the plaintiff.

On the other hand, negligence requires the plaintiff to prove that the defendant owed a duty of care to the plaintiff, that the defendants breached that duty, that the breach of duty was the direct and proximate cause of the plaintiff’s injury, and there were damages.

The question presented to this court was whether the product manufacturer breached their duty to their employees where there were injuries to these employees caused by the products and parts that were made by a third party, but used by the defendant to produce their products.

The Supreme Court of California held that where the employee of a product manufacturer was harmed because of the products of a third-party manufacturer that was used in the manufacturing of the product by the employer manufacturer, the employer was not liable for harm caused to the employee unless the defendant’s own products contributed substantially to the harm or the defendant participated in creating a substantially harmful combined use of the products.

The court here indicates that this motion for strict liability would expand on the construction of the concept of strict liability, and they refused to do this. The current law in California imposes this strict liability on manufacturers whose products are defective and cause injury. However, the court distinguishes imposing liability in those cases from the plaintiff’s contention in this case where the plaintiff contends that the defendant is liable for not foreseeing the injuries caused by products manufactured by another company.

As to the question of negligence, this court indicated that the manufacturer had no duty to warn of potential hazards in third-party parts used in their manufacturing when the hazards were not integral to the products design. It is considered unlikely that manufacturers would be able to ensure that there were no unknowable risks or hazards lurking in every item they used in the manufacturing of their products.

Therefore, plaintiff lost the case as to the two proposed theories of imposition of liability.

Each state has different laws regarding liability in mesothelioma cases. Having an experienced attorney to make the arguments for you can give you the peace of mind you need to concentrate on getting better.
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If you were diagnosed with mesothelioma in Boston as a result of asbestos in the workplace you may be thinking that suing a large company will be no easy feat. Do not get discouraged. Our Boston mesothelioma attorneys have the knowledge and experience to take on the big companies to get you the award you deserve.
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Cancer runs rampant in our country but mesothelioma is very unique. Mesothelioma is cancer, usually in the respiratory system that results from exposure to asbestos. Asbestos is a dangerous substance that has been linked to usage in the manufacturing and building industries.

Daley v. A.W. Chesterton is a case that arose because a laborer who was working in the manufacturing sector became ill because of his exposure to asbestos. He was diagnosed with two malignant diseases over a span of 16 years, and he sought compensatory and punitive damages from several parties who were responsible for this exposure.

Compensatory damages are the quantifiable damages that are measured monetarily to replace strictly the financial loss to the plaintiff. In instances where there is injury or disease that resulted because of the defendant’s negligence, compensatory damages would be awarded to compensate the plaintiff for the medical bills incurred for treatments resulting from that defendant’s negligence. Punitive damages have the intention of punishing the defendant and deterring the negligent behavior, and are awarded for things like pain and suffering.

In Daley, the Supreme Court of Pennsylvania was charged with the question of whether a plaintiff could bring more than one separate lawsuit where the plaintiff was diagnosed with more than one malignant disease that was the result of the same asbestos exposure.

Pennsylvania has a state statute called the two disease rule. This rule allows individuals to bring separate lawsuits where the plaintiff can prove that he or she was diagnosed with more than one malignant disease that was the result of defendant’s negligence.

The plaintiff in this case was first diagnosed with pulmonary asbestosis and squamous-cell carcinoma in his right lung. These diseases can be directly attributed to exposure to asbestos. He sued several parties and obtained a settlement in the mid 1990s.

More than 10 years later, the plaintiff was diagnosed with malignant pleural mesothelioma. This cancer can be directly linked to the same asbestos exposure that gave the plaintiff the original diagnosis. Plaintiff then sued several different parties for negligence and cited this two-disease rule.

The defendants in this case argued that the doctrine of res judicata precluded this action. Res judicata is a doctrine surrounding claim preclusion in that a suit cannot be brought if the main issue in the second suit is exactly the same as the first and there are the same parties to the action. Basically, they argued that the plaintiff lost his right to sue these parties in the second litigation when he sued the original parties to the lawsuit because the diseases arose out of the same asbestos exposure.

The court cited that this was incorrect reasoning because none of the defendant named in the second litigation are the same as the defendants named in the first case that was settled in the late 1990s. Additionally, the court discussed this two-disease rule, which is a limited exception to the original cause of action requirements created by the state legislature to provide relief for asbestos-related diseases.

In application, the plaintiff was allowed to sue the different defendants in the second case for a different malignant asbestos related disease arising from the same asbestos exposure that led to a prior settlement for damages associated with a different malignant disease. The plaintiff was allowed to do this because at the time he brought the original claim, he had no knowledge of the existence of the second asbestos-related malignant disease.

Consequently, this court decided that the separated disease rule of Pennsylvania allowed this plaintiff to file a second cause of action for the new malignant asbestos-related disease.

Having an experienced legal team can be very beneficial in navigating your way to the award you deserve.
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The Meso Foundation, also called The Mesothelioma Applied Research Foundation, recently announced that it was dedicating another $500,000 toward research for mesothelioma in New England and nationwide.

This is good news for those who have seen how devastating mesothelioma can be to a person. This incurable form of cancer strikes in its advanced ages, years after a person has been exposed to asbestos.
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In many cases, our Boston mesothelioma lawyers have seen, people were exposed to asbestos decades earlier without feeling any symptoms. It’s not until the cancer is in its later stages that people begin feeling the common symptoms of chest pain, trouble breathing and others that indicate something is wrong.

Since other non-cancer illnesses can sometimes have similar symptoms, patients may ignore the symptoms and don’t get themselves checked out. In other cases, people go to the doctor but are unable to get a good diagnosis right away because the medical facility isn’t sure what is causing the problem. This only delays treatment.

Sadly, research has shown that once a person gets the diagnosis of mesothelioma, they usually only live another 12 months. Because these tumors can stay largely hidden inside a person’s body for so long without symptoms, the slow-moving cancer can cause a quick death.

And that’s why researchers are excited that organizations are willing to prove these funds to try to find a cure. The foundation reports that out of 46 different applications for the grant money, they chose five projects.

Officials said they hope that the money will work to find a cure. At the very least, the research may be able to find out more about how the cancer works, why it stays hidden, how it reacts to treatments, such as chemotherapy, and perhaps even how to identify the cancer more quickly.

The projects went through a peer-review process, being reviewed by member of the foundation’s board. They looked at what the proposed projects would do, what techniques and form of science they would use and what the stated goal is.

Among the projects that will be completed:

A study trying to combine genomic data of 10 mesothelioma tumors to look at molecular characteristics and defining how defective genes impact malignant cells. This project looks to study which genes are meaningful in disease treatment.

An investigation into how the immune system proteins regulate the response of chemotherapy cell death in mesothelioma cells. Previous work has shown that patients who had low or no levels of a certain protein in their tumor cells had longer time without the disease.

The foundation has now provided $7.6 million in grant money to research this form of cancer. The five new grants bring the total to 76 that have been funded by the efforts of this foundation. Everyone wants to see a cancer-free world. For those with mesothelioma and their families, this research means a lot. Mesothelioma hasn’t gotten the type of attention other cancers have, so any money available to research it is important.
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A company that for half a century provided asbestos-laden parts to the U.S. Navy recently set up a $75 million asbestos trust for veterans who may have been exposed and suffered illnesses because of it.

Many U.S. veterans were exposed to asbestos while serving aboard Navy ships when the government regularly used this natural mineral as an insulation and a protector from fire. It was used in piping, valves and other parts to resist heat and fire. The flaky mineral can easily be ingested and lead to tumors that grow on the lining of major organs on patients with mesothelioma in New England.
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Our Massachusetts mesothelioma lawyers have met many veterans who served faithfully in order to protect our country’s freedom. Yet during that service time, they were exposed to asbestos. In many cases, the companies that supplied the products laden with asbestos knew of their effects or at least had been warned that people were getting sick.

Yet unsuspecting veterans were working on these U.S. Navy ships and in shipyards where asbestos was commonly found. Decades later, far after retirement, these men and women are now getting sick and being diagnosed with major illnesses, including mesothelioma, which is deadly and has no cure.

A person can be exposed to asbestos at a young age and live with the cancer for years without it showing any outward symptoms or signs. By the time a person feels those symptoms — commonly reflected as heavy coughing, chest pain, fluid build-up and others — it’s typically too late. The cancer is in its advanced stages and there are few treatment options that can help.

According to several sources, Leslie Controls Inc., as part of a bankruptcy reorganization plan, has dedicated $75 million to victims of asbestos exposure. The company provided valves and gaskets that were covered in asbestos for the Navy between the 1940s and 1980s. The company has been named in a growing number of asbestos-related and mesothelioma lawsuits. The company filed for bankruptcy in 2010.

The legal strategy of the company is to be able to handle all current and future litigation that may crop up because of the company’s use of the dangerous mineral. The fibers, research has shown, are the primary cause for mesothelioma and other respiratory ailments.

The U.S. Navy is protected from direct lawsuits under sovereign immunity and Feres Doctrine laws. However, individuals may file lawsuits against manufacturers that contracted with the government on a regular basis. Leslie has previously contended that its products didn’t contribute to asbestos exposure for veterans.

All lawsuits were halted in 2010 because of the bankruptcy filing. Once the reorganization plan is approved by the court, the lawsuits are expected to continue. The company continues to manufacture and supply valves and subsystems in the energy, industrial and aerospace markets.
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East Providence officials recently agreed to a plan to spend $9 million clearing out asbestos from schools in that city, showing that asbestos in New England is still an issue.

Our Boston mesothelioma lawyers recognize that asbestos isn’t something many citizens are constantly thinking of today. Some people think of it as a problem of the past — one that only affects older generations.
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And while older citizens often are the ones suffering from asbestos-related illnesses, such as mesothelioma, the fact that school districts are still today trying to clean asbestos out of their facilities shows that it still may be a problem. And if our children are exposed to asbestos, it will only create a new generation of sufferers.

On the one hand, it’s encouraging that school districts are earmarking funds that will be designed to eliminate dangerous asbestos from schools throughout our communities. On the other, however, it’s disheartening that in 2012 asbestos is still in many of our schools, possibly affecting our children.

Research has shown that even a small amount of asbestos exposure can cause major issues years later. With mesothelioma, victims could have been exposed as many as 30 or 40 years ago, and have no symptoms. Once they are checked out and diagnosed, the incurable cancer is in its advanced stages. The median survival rate after diagnosis is only 12 months. That’s what makes this cancer so frustrating — it takes so long to develop and then kills swiftly.

While asbestos was a natural mineral used for insulation for decades — from about 1910 to 1990 — researchers began finding that exposure caused sickness around the 1970s. So, it’s now been more than 40 years that people have known asbestos is dangerous, and yet it is still in our schools today.

Renovating or properly removing asbestos can be dangerous. But letting it sit and possibly become disturbed may be more dangerous – even deadly. No parent wants to send their child to a school where they could be harmed simply for walking in the front door.

At least Rhode Island officials are taking the situation seriously. According to the East Providence Patch, the Rhode Island Building Energy code secured $9 million to renovate several schools. The plans were held up as officials tried to get the funding to do the projects.

Officials hope that their efforts will be done by the summer so that the schools will be free from the harmful materials by the new school year. Health department officials said they were happy with the news. They had mandated air testing at the schools. Contractors said they will work closely with health officials to ensure that the renovation is done properly and licensed asbestos removal experts are hired to do the job. This is a highly regulated field, which shows the importance of doing it right the first time.
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Our Boston mesothelioma lawyers for years have been following the tragic news out of Libby, Montana, where thousands of people have gotten sick and many others have died as a result of heavy exposure to asbestos.

For most of the 21st Century, that city produced a large majority of the vermiculite, which was tainted with asbestos, used in the United States. The natural mineral was mined and shipped to different plants throughout the country, where it was processed and then turned into insulation, coating for pipes and in boiler rooms as well as on common products, such as brake pads and crock pots.
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Research has shown that asbestos exposure has been linked to and is the leading cause of mesothelioma in New England. This natural mineral can get into a person’s body and form the cancer over a period of decades. In some cases, the exposure to asbestos occurred 50 years before a person was diagnosed.

Sadly, once a person is diagnosed, the typical time they have left to live is only 12 months. So, mesothelioma is not only incurable, but takes decades to manifest itself and by then the cancer is so advanced it is unstoppable.

And many people in this country have been diagnosed with mesothelioma after being exposed to Libby asbestos. This mine was churning out 70 percent of the country’s asbestos between 1920 and 1990. Books and news articles on the subject have described a dusty film that coated the town, causing everyone around to be exposed.

At the time, people didn’t know the ill effects of asbestos. But as people began getting sick, researchers found that asbestos was the root cause. Lawsuits have claimed that the company that ran the mine, WR Grace & Co., found out about the problems but did nothing to stop them or tell their workers. A federal prosecution was unsuccessful and living workers and their relatives have been trying to get any money they can to try to help with medical bills.

According to a recent article in The Daily Inter Lake, a bankruptcy case between the company and those who got ill as a result of the asbestos in the city could result in a $19.5 million settlement in favor of the victims. Grace filed for bankruptcy in 2001 after being slammed with asbestos-related claims.

The mine has been shut down for more than two decades, but people are still being diagnosed today. Grace set up a medical program in 2000 and has funded it voluntarily, the newspaper reports. The settlement would provide some stability, since the company could fold the medical program at any time.

Grace has been named in more than 110,000 asbestos personal injury claims. The money for the settlement will come from cash, insurance proceeds, common stock and other sources. Asbestos victims have also been receiving checks from the state of Montana, which agreed to a $43 million settlement to compensate victims. The federal government has also earmarked funds.
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Researchers at the Mayo Clinic in Minnesota are looking at the possibility that the measles virus may one day be key to treating mesothelioma.

Massachusetts mesothelioma lawyers have been reporting that more and more scientists and doctors are looking at ways to treat mesothelioma in Massachusetts. Hopefully ending soon are the days when patients are diagnosed with mesothelioma and told there is no cure and they must live out their remaining days in pain.
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This form of cancer doesn’t get the same type of media exposure that other forms of cancer sometimes do, but that’s because fewer people are diagnosed. But the numbers are increasing. It is a strange illness because it can take 30 or 40 years for a person to feel the symptoms associated with the cancer.

Once a person goes from doctor to doctor and is diagnosed with mesothelioma, their life expectancy is only 12 months. That’s part of the reason it is so devastating. Because most patients don’t get diagnosed until the cancer is in its more advanced stages, there is little that can be done.

Painful and long-term chemotherapy may help, but, at the same time, there isn’t much time for treatment. Surgery typically isn’t an option for these patients because the cancer is so advanced and abuts major organs, including the heart and lungs, that surgery could lead to a quicker death.

But if Mayo Clinic researchers get their way, new developments could do well to increase a person’s life and take away some pain at the same time. Researchers in Minnesota began looking at mesothelioma after residents in the Iron Range region where taconite mining has led to health problems with workers and nearby residents.

They have taken an engineered version of the measles virus and believe it may be a key to treating mesothelioma. The treatment would be safe for the patient, but could be used to target specific areas and carry a toxic payload that could kill tumors.

First, they started by applying the engineered virus on cells and then in animals. Mice who were infected with mesothelioma lived longer than those who had mesothelioma and weren’t treated with the virus. Some appeared to have been cured.

Researchers are hoping that combined with chemotherapy, the virus would be able to kill cancer cells before the body’s defenses shut it down. While this is in its early stages, researchers hope that in four or five years, they will be able to put the virus in pill form that patients can take in order to treat patients, whom they hope will get a six-month extension on life.

They key here is to remember that this research is in its infancy and nothing conclusive has been proven. But this is a good first step, our Massachusetts mesothelioma lawyers believe. Extending life is a good start and hopefully that leads to finding a cure as well as front-end preventative treatment.
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