Mesothelioma Lawyers Blog

It has been well established that exposure to asbestos fibers and dust is linked to a deadly type of cancer known as mesothelioma, as well as lung cancer. According to recent report from London Imperial College News, asbestos exposure is now linked to a type of lung disease known as idiopathic pulmonary fibrosis (IPF).

Idiopathic pulmonary fibrosis is medical condition in which deep lung issue becomes thick and scarred. As the thickness of the lung tissue increases, the lungs lose their ability to transfer oxygen into the bloodstream. The internal organs, including the brain, cannot function properly without oxygen and begin to fail. As time goes by, the condition gets worse and the organ failure continues. The amount of time it takes to progress varies from person to person, but the condition is chronic and can eventually result in death.

Historically, while doctors were able to diagnose patients suffering from IPF, the cause was not known. It was only known that the condition typically affects patients who are middle-aged and older. However, this new research seems to point to asbestos exposure as least one major cause of the deadly lung disease. As our Boston attorneys who regularly represent people who become ill as a result of asbestos exposure understand, one of the most tragic aspects of the situation is that, even if a person knows they have been exposed to asbestos fibers, doctors have no way to remove them from the body, and the patient must simply wait for years or even decades and hope that they do not develop mesothelioma, lung cancer, or as we know now, IPF.
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California Environmental Protection Unit prosecutors have reached a settlement with a local nursing home, according to a recent story from News Channel 5. The settlement agreement between prosecutors and the nursing home owners requires the payment of $225,000 by defendants. In addition to the settlement amount, defendants must pay and over $70,000 in costs and civil fines.

Defendants were cited for numerous violations in connection with their efforts to renovate the nursing home facility in 2012. It has been alleged that defendants did not commission a full survey, as required by law where asbestos is involved, and instead relied upon an incomplete operations report.

If defendants had conducted the required full inspection and survey, it would have revealed that the wallboard used in patient rooms contained asbestos. Without having a survey that revealed the presence of asbestos, defendants did not contact the local air pollution control district or the Occupational Safety and Health Administration prior to commencing renovations. The company also did not follow the legally required asbestos handling protocols and did not provide workers with the necessary safety equipment.

Prosecutors reported that, during the renovation, asbestos fibers were released into the air, and workers were exposed to the hazardous substance. It should be noted that this was the second time prosecutors had charged the same defendants with crimes pertaining to improper asbestos removal. The first case involved another nursing home owned by defendants and, in that case, the parties reached a $110,000 settlement.

Our Boston asbestos attorneys know asbestos is a deadly substance that must be handled properly. While it is considered somewhat safe when it is in a stable condition, the removal of asbestos must be handled with extreme caution. When an employer does not take steps to prevent workers and other members of the community from inhaling asbestos fibers, that employer has made a choice to risk the lives of others to save the company money.
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The Supreme Court of California has agreed to hear an appeal involving a plaintiff who sued his uncle’s employer. According to a recent article in the San Francisco Chronicle, the plaintiff, who is dying from mesothelioma, has alleged that he was exposed to asbestos when his uncle returned home from work covered in asbestos dust.

His uncle worked for a company that manufactured asbestos-filled brake linings for automobiles. Under the normal rule, an asbestos manufacturer is not liable for illness to anyone who came in contact with its employees. However, the intermediary court of appeals held that a company that uses toxic materials must take appropriate steps and use reasonable efforts to keep safe family members who live with their workers.

Pllaintiff said that he would spend around three nights a week in his uncle’s home as a child and remembers his uncle being covered in dust from work. As our Boston mesothelioma lawyers know, asbestos consists of six naturally occurring silica minerals and has been used through the industrial revolution in a variety ways, due its ability to withstand heat, electricity, and many caustic chemicals. It was used in brake linings to prevent the brakes from overheating and catching fire, which can happen on large commercial vehicles.
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In Collin v. CalPortland Company, a case from the California Court of Appeals, the plaintiff was a construction worker from 1955 through 1995. He was diagnosed with peritoneal mesothelioma and alleges that his cancer was caused by exposure to asbestos-containing plastic cement and a joint compound that he came into contact with on many job sites.

As our Boston mesothelioma lawyers understand, this case highlights the importance of having a witness who can prove a plaintiff’s exposure to asbestos.

While there were 22 named defendants, the manufacturer of the plastic cement and the predecessor of the manufacturer of the joint compound separately moved for summary judgment to dismiss the plaintiff’s claims against them.
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Our Boston mesothelioma lawyers know companies across the world exposed both workers and consumers to deadly asbestos fibers while fully aware of the health consequences.

In a recent article from ABC News, authorities are concerned homes in Sydney may be have been built with deadly asbestos in the 1960s and 1970s.

This story involved asbestos “fluff” pumped into the roof spaces in homes to act as insulation. Asbestos is a naturally occurring mineral that can be processed into a variety of forms to serve as insulation that is resistant to heat, electricity, and chemicals.

While asbestos was once thought an amazing product that was both cheap and effective, we know now that breathing asbestos fibers for even a short period of time can lead to the deadly form of cancer known as mesothelioma. The fibers are inhaled and get embedded in the lung tissue. The body has no natural way to expel these fibers, so they remain in the lungs, causing cancerous growths.
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According to a recent story from Construction Enquirer, two brothers who ran a billiards hall have been sentenced to prison for exposing workers to deadly asbestos fibers. One of the workers was only 17-years-old at the time of exposure.

Court records indicate the owners were never qualified in demolition or construction work, and were not licensed in asbestos removal. The government health service had issued numerous warnings and citations about the presence of asbestos in the building they were attempting to renovate. The health service issued a cease order demanding that they stop all work involving asbestos.

Despite these government notices, the owners were found to have removed several truckloads of asbestos-containing debris. They took the toxic material to an unlicensed disposal location. Witnesses observed workers covered in dust and not wearing any protective clothing or equipment.

The judge noted that at least seven workers were observed working in this asbestos-filled environment. Both brothers pleaded guilty to conduct which constituted a wilful disregard for the safety of workers. One of the defendants was sentenced to 22 months in prison and the other was sentenced to 14 months of incarceration. They were also ordered to pay £43,000 in fines and court costs.

Our Boston Mesothelioma attorneys note one of the most disturbing parts of a story like this is that there is no way of knowing if the workers will develop a deadly form of mesothelioma. Mesothelioma is caused when asbestos fibers become embedded in the lung tissue of those exposed to the toxic substance. Once the fibers are embedded, mesothelioma can develop 20 to 50 years after exposure in typical cases. There are no symptoms or treatment. There is also no way for doctors to remove fibers, and the human body does not have a natural mechanism for doing so.
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