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Palmer v. 999 Quebec, Inc, a case from the Supreme Court of North Dakota, involved a plaintiff who was born in 1955 and was raised in Duluth, Minnesota. He was diagnosed with malignant mesothelioma in 2011. He died four years later in 2015.

shotKuettel, a predecessor in interest to the named defendant, supplied and installed insulation that contained large amounts of asbestos. Plaintiff’s father worked for this company for several years in the 1960s and 1970s when plaintiff was a child. Plaintiff alleged that he was routinely exposed to deadly asbestos fibers when his father would come home from work still covered with dust from the asbestos insulation products he was installing at commercial sites. Continue reading

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Asbestos is a naturally occurring substance that humans have used for thousands of years, but it was not until the mid to late 1800s when asbestos began to be heavily mined and used in most every aspect of production. While the companies were well aware of the dangers of asbestos and even to steps to hide this fact, the general public did not know the full dangers of the hazardous material until the late 1970s and early 1980s.

navyshipRemarkably, those producing asbestos knew exactly how dangerous it was from the beginning. Amazingly, as asbestos was used for thousands of years, researchers have found ancient texts that translate into warnings about how the substance was making people sick after they came in contact with it. Now that everyone knows the dangers of inhaling asbestos fibers, we would all hope that malignant mesothelioma was a thing of the past, however according to a recent news report from U.S. News and World Report, the dangers of asbestos are “still lurking.” Continue reading

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According to a recent article in the Madison County Record, a couple is suing various defendants in connection with the husband’s exposure to deadly asbestos fibers and subsequent illness. The couple has named over 20 companies as defendants in the asbestos lawsuit.

workonatrainIn the plaintiffs’ complaint, they alleged husband became exposed to asbestos between 1962 and 1999, which constituted his working years. During this time, he worked as an auto mechanic and a pattern maker. In both occupations during that time, workers would regularly come in contact with deadly asbestos fibers. Continue reading

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If a person is exposed to deadly asbestos fibers, it normally takes between 20 and 50 years for the victim to know they have cancer. Once the cancer has reached a certain level, it will cause the victim to have chest or abdominal pain, in most cases, and cause shortness of breath. Many patents may think they are having a heart attack or some other type of illness and go to the doctor. Once the doctor confirms the patient has mesothelioma, which is easy to do when a lung biopsy is taken and sent to a lab, the patient will usually be told he or she has between six months and two years left to live, depending on how advanced the cancer has become.

surgeon-3-391477-mThis does not mean there are no treatments that can be performed for mesothelioma, but it would hard to consider any of the options anything close to what might be called a cure for malignant mesothelioma. All of the treatments are radical and invasive. Some involve high doses of chemotherapy or radiation, or more likely a combination of both. Many treatments involve major surgery to remove the tumors, along with all or part of the organ to which the tumors are attached. Continue reading

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The United States House of Representatives has recently passed a tort reform bill that included another bill specifically designed to make it harder for victims of mesothelioma to sue the companies that negligently or intentionally exposed them to deadly asbestos fibers. This bill is called the Fair Asbestos Claims Transparency (FACT) Act. One of the major provisions would require the cases to go through a review to make sure all plaintiffs are similarly situated. This change to the Federal Rules of Civil Procedure (FRCP) is above and beyond the class action requirement already in place.

tosignacontractAccording to a recent news article from Business Insurance, even if the bill should pass in the United States Senate, and many question whether that will happen, it is likely that President Barack Obama would veto the bill should he have the opportunity. Continue reading

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Over the past year, GOP members of the United States House of Representatives have been working on their latest tort reform plan. This plan is officially called the Fairness in Class Action Litigation Act (H.R. 1927), and includes a specialty piece of legislation known as the Furthering Asbestos Claims Transparency (FACT) Act.

u-s--capitol-building-918333-mAccording to a recent news article from Bloomberg, the House has just passed the FACT act, H.R. 1927, and now it will be sent the United States Senate to see if can pass and make its way to the president’s desk to be signed or vetoed. Many think it will never make its way through the Senate, because even though there the Republicans control like the House, there are not enough total members to pass the bill. Continue reading

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A recent news feature from the Huffington Post begins with the premise that most Americans believe the asbestos crisis was largely solved thirty years ago when it stopped being used in residential and commercial construction and in most aspects of production. However, as the author points out, and we are now well aware, the asbestos crisis is far from over.

warning-icon-45-1023139-mThe event that occurred thirty years ago was Congress passing the Asbestos Hazard Emergency Response Act (AHERA). This federal law helped make the general public aware of the hazardous nature of asbestos fibers. Continue reading

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NASA operates a jet propulsion laboratory in California, and, according to a recent news article from the Pasadena Star News, employees at the laboratory may have been exposed to deadly asbestos fibers during an asbestos abatement process.

warning-icon-45-1023139-mThe contractor closed the third floor of the building at the laboratory complex where members of the Cassini mission project are working. The Cassini program involves a rocket and orbiter designed to travel to Saturn and launch a probe to land on the planet’s surface. Continue reading

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According to a recent article from the Buffalo News, the national average for asbestos-related deaths is 4.9 per 100,000 people. While the term asbestos deaths can include those caused by asbestosis, lung cancer, or serious respiratory illness, the vast majority of asbestos-related deaths are caused by malignant pleural mesothelioma.

questionMalignant pleural mesothelioma is rare form of cancer caused almost exclusively by exposure to deadly asbestos fibers. The fibers become trapped in a layer of tissue known as mesothelium, where they can develop into the deadly form of cancer after a period of 20 to 50 years; however, it can form in less time in some cases. Once a person is diagnosed with malignant mesothelioma, they usually only have a year or so to live, and the worst part is, they generally had no idea they were sick prior to learning they have cancer. Continue reading

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Asbestos abatement (removal) must be performed by a certified contractor with employees that are properly trained in asbestos safety and who are provided with proper protective clothing including respirators or ventilators. All asbestos abatement must be done after obtaining permits from the Massachusetts Department of Environmental Protection (MassDEP). Once proper permits are in hand, the work must be done in such a way that insures workers and those in the surrounding community are not exposed to deadly asbestos fibers.

respiratorThere are a lot of ways to accomplish this. The area is generally tented off or otherwise sealed, and asbestos material itself may also be sealed prior to removal. In some cases, the asbestos removal workers will paint the material with a thick coat of industrial sealant to make sure the fibers cannot escape. This is similar to lead paint removal on bridges and other outdoor structures.   Once the asbestos debris is removed, it must be kept wet at all times to prevent dust from flying into the air, and then it must be secured in approved plastic containers. These containers must be kept sealed and transported to an approved hazardous waste facility. Even though it happens all the time, asbestos dust should never be placed in ordinary construction dumpsters. Continue reading

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Disclaimer – The settlements above are only a sample of cases represented by our office. Each case is different and the amount of a potential resolution of your case will vary considerably depending on a substantial amount of factors. Some case results were worked in conjunction with partnering law firms.

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