Mesothelioma Lawyers Blog

July 8, 2014

Rost v. Ford Motor Corp. – “Any Exposure” Testimony Tested

The Superior Court of Pennsylvania was recently tasked with determining whether the decision by the state supreme court in Betz v. Pneumo Abex, LLC effectively barred expert testimony relying upon the “any exposure” theory of asbestos-related diseases.

In weighing the facts of Rost, R. v. Ford Motor Company, the court ultimately deemed them to be significantly different from those in Betz, and therefore affirmed an earlier verdict in favor of the plaintiff.

Boston mesothelioma attorneys recognize this was an important ruling in so far as it underscored that a ban on the “any exposure” theory doesn’t necessarily mean that the testimony of any expert who espouses it should be discounted.
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July 5, 2014

Williams Sr. et al. v. Placid Oil Co. – Fifth Circuit Upholds Dismissal of Asbestos Death Claim

by Jeffrey S. Glassman

In the case of Williams Sr. et al. v. Placid Oil Co., recently weighed by the U.S. Court of Appeals for the Fifth Circuit, an asbestos manufacturer’s bankruptcy effectively derailed the plaintiff’s claim for damages.

In a split decision, the appellate court held that because the plaintiff was an “unknown creditor” a the time the company sought bankruptcy protection through discharge, the plaintiff was not entitled to direct notice of right to claim. What makes this matter even more frustrating is that even if the plaintiff had been made aware of the right to sue, it’s unclear what kind of case she might have had, as she did not even know she was sick until decades later.

Our Boston mesothelioma lawyers agree with the sole dissenting justice in this case, who reasoned that it is unconstitutional for the right to pursue a wrongful death claim to be discharged in a bankruptcy that occurred 15 years before the plaintiffs even knew she was sick. The dissenting justice lamented the fact that constitutional concerns were not raised by the plaintiff upon appeal; only issues regarding whether adequate notice was given prior to the bankruptcy discharge.
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June 30, 2014

Union Carbide Corp. v. Nix – Court Reverses Claim for Punitive Damages

by Jeffrey S. Glassman

In civil matters, there are two primary types of compensation: Compensatory and punitive.

Both ultimately go to the plaintiff if he or she wins the case, but they serve very different purposes. Compensatory damages are those awarded to compensate the victim for the direct costs suffered – ie., medical bills, lost wages, etc. Punitive damages, meanwhile, are intended to punish the defendant for an egregious wrong.

In Boston mesothelioma lawsuits, the courts allow plaintiffs to seek punitive damages, but the threshold for awarding them is high. As one justice in the New York Supreme Court was recently quoted in an asbestos case, “Punitive damages should only be sought in the most serious cases to correct for the most egregious conduct.”
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June 27, 2014

Boston is Leader in Mesothelioma Research and Treatment

by Jeffrey S. Glassman

With a strong science and academic foundation, Boston has been at the forefront of medical advancements, research, and treatment breakthroughs. Brigham and Women’s Hospital is a leader in mesothelioma diagnosis and treatment and has continued to persevere on behalf of its patients. Currently, the hospital is the most prestigious treatment center for individuals who suffer from malignant pleural mesothelioma. The hospital has attracted international leaders in research and medicine to provide the best possible care to patients.

The International Mesothelioma Program at Brigham and Women’s Hospital offers advanced treatment and therapy and is a pioneer in mesothelioma research. The hospital has recently reassigned leadership roles in the hospital, but continues to focus on providing comprehensive care. Our Boston mesothelioma attorneys are committed to helping mesothelioma patients and their families seek support and treatment. In addition to staying abreast of medical developments, we are also committed to providing strategic advocacy to help victims recover maximum compensation after a mesothelioma diagnosis.
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June 23, 2014

Platinum-Based Drug Best Chemotherapy for Peritoneal Mesothelioma

by Jeffrey S. Glassman

Mesothelioma is an aggressive and deadly form of asbestos-related cancer. Treatment options will vary depending on the individual circumstances of the patient and how early it is detected. Peritoneal mesothelioma is a rare form of cancer that attacks the lining of the abdomen. Scientists in Nebraska have published research results, naming the best chemotherapy drug to treat peritoneal mesothelioma when combined with surgery.

For patients who have been diagnosed with peritoneal mesothelioma, treatment will usually involve surgery to remove the cancer from the abdomen lining. Doctors will then treat the affected areas with chemotherapy drugs. Currently there is a debate over which drugs are the best to use in this cytorductive surgery (CRS) and chemotherapy combination treatment. Our Boston mesothelioma attorneys are dedicated to helping victims and their families protect their rights and interests after diagnosis. We will help to uncover the truth about a mesothelioma diagnosis, identify responsible individuals and entities, and pursue compensation. In addition to patient advocacy, we are abreast of the medical advancements and legal issues that impact the lives of our clients.
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June 18, 2014

Chevron and Texaco Named in Asbestos Exposure Lawsuit

by Jeffrey S. Glassman

Throughout the history of labor in the United States, many industries have been known to expose workers to risk and disease. According to a recent case, a man was diagnosed with mesothelioma based on asbestos exposure when he worked in the oil industry. After a painful death, the victim’s family filed a wrongful death claim against Chevron and Texaco based on asbestos exposure that took place while the victim was working for the defendant companies. The plaintiffs allege that their loved one contracted mesothelioma and died from the asbestos exposure. Now the family is seeking to recover damages and court costs.

Asbestos exposure can be fatal and may not be detected for years, even decades after exposure. Many victims will not learn of their asbestos exposure until they have contracted mesothelioma, a deadly asbestos-related cancer. Our Boston mesothelioma attorneys are dedicated to representing individuals and families who are impacted by this fatal disease. We will take the time to uncover the facts of your case, work to identify all responsible individuals and entities, and pursue maximum compensation on behalf of mesothelioma victims and their families. In addition to providing strategic advocacy in mesothelioma cases, our firm is abreast of asbestos-related claims and legal developments in Massachusetts and nationwide.
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June 15, 2014

Anti-Alcoholism Drug Could be Possible Mesothelioma Treatment

by Jeffrey S. Glassman

An April 2014 study published in PLOS One reviewed the possible impact of copper-enhanced disulfiram on pleural mesothelioma cells. Research on the impact of the medication was conducted at the Karmanos Cancer Institute at Wayne University, and the findings showed that the drug could potentially be effective at treating mesothelioma.

The medication has actually been approved by the FDA since the 1950s as a method of treating addiction to alcohol. This recent research provides hope that the medication could be used to localize mesothelioma and prevent the spread of cancer throughout the body. This could help to prolong life and could prove effective at helping mesothelioma patients, who are currently faced with a poor long-term prognosis as mesothelioma is one of the most difficult cancers to treat.
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June 10, 2014

Contractor Faces Jail Time for Causing Asbestos Exposure

by Jeffrey S. Glassman

A contractor whose construction company exposed employees and the public to asbestos will spend six months behind bars for violations of the Clean Air Act. The contractor will also pay a $10,000 fine, will face six months of home confinement, and will be on probation for three years after he is released. The special agent in charge of the local EPA’s criminal enforcement program said the “sentence should serve notice that EPA and its partner agencies remain committed to protecting communities through tough enforcement of the nation’s environmental laws.”

Contractors, construction companies and building owners have certain obligations when it comes to preventing asbestos exposure. Victims who are exposed to the deadly fibers could potentially take legal action to recover monetary compensation for damages in the event that an individual or company fails to live up to its duties to limit the risk of exposure. A Boston mesothelioma lawyer can help those who have been exposed.
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June 6, 2014

Consider Clinical Trials When Faced with Late-Stage Mesothelioma

by Jeffrey S. Glassman

There are at least 87 different mesothelioma clinical trials underway in 2014, yet surveys show that 85 percent of all cancer patients are either unaware of or unsure whether participation in a clinical trial is an option. According to the Huffington Post, 75 percent of those unaware of the potential to participate in a clinical trial indicated that they would have been willing to enroll if they had known that a trial of a new treatment was available to them.

Around 90 percent said that they would have volunteered for a clinical trial if the initial treatment regimen failed them.

Clinical trials can provide a last hope of treatment or cure for patients whose cancers do not respond to conventional treatment like surgery, radiation or chemotherapy. Unfortunately, many patients with mesothelioma do not respond well to conventional treatment because the cancer is spread in the lining of the lungs rather than in a solid mass of tumor. Victims of mesothelioma should understand both their medical options as well as their legal rights to obtain compensation from those responsible for causing their condition. In almost all cases, mesothelioma is caused by exposure to asbestos. An experienced Boston mesothelioma lawyer can help to take action against asbestos manufacturers or against employers in the event that exposure to asbestos fibers occurred while working.
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June 2, 2014

Mesothelioma Still Toxic Decades After Exposure

by Jeffrey S. Glassman

Researchers recently conducted a study on the risk of developing mesothelioma a full four decades after having been first exposed to asbestos. Unfortunately, the study showed that it is not possible to outlive the risk of mesothelioma because a long latency period does not diminish the toxicity of asbestos. In fact, there is no decline at all in the risk that mesothelioma will develop even after 40 years have passed since exposure occurred.

The long latency period of asbestos can make it more difficult for victims to recover compensation from those responsible for exposing them to this dangerous toxin. An experienced Boston mesothelioma lawyer should be consulted by those with asbestos-related health conditions for help understanding their legal options and pursuing a damage claim.
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