Mesothelioma Lawyers Blog

May 30, 2014

Asbestos Still Poses Risk at Old County Hospital Site

Massachusetts’ oldest structures may be more likely to contain asbestos. According to the Boston Globe, the hospital that provided care to young victims of tuberculosis for decades continues to pose a risk of asbestos exposure. The Plymouth County Hospital was shut down in 1992 and still sits idle and decaying. Officials are trying to work out plans for the old building, while remaining wary of toxins and hazards that could be kicked up through demolition and renovation efforts. The hospital suffered fire damage and has been crumbling for years. It has also been a fascination of ghost hunters and carries a mystique for residents and visitors.

Now, the Old Colony Planning Council is identifying and exploring potential options for the building and property site. The organization is working on a report that will be presented in December. While some potential uses for the building may increase revenue, create a renewal of the space, and preserve a historical landmark, officials must remain wary of the potential dangers of asbestos exposure. Our Boston mesothelioma attorneys are committed to protecting the rights of individuals who have been diagnosed with mesothelioma. We are also abreast of legal issues and other developments related to asbestos exposure.
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May 28, 2014

Merwitz v. Allis-Chalmer et al, Jury Awards $7.25M to Plaintiff in Asbestos Trial

by Jeffrey S. Glassman

Rejecting all of the remaining defenses, a jury in Pennsylvania awarded $7.25 million to the survivors of a man who died after being diagnosed with mesothelioma due to asbestos exposure.

The victim, now deceased, was diagnosed with the aggressive cancer in January 2010, several decades after his exposure during the 1960s. He died six months later.

Boston mesothelioma lawsuit attorneys understand that these cases can be extremely difficult for patients and families. But this case reveals why it’s worth it to press forward. It’s about holding defendants accountable for using material they knew to be dangerous and for failing to warn workers and the public about those dangers. It’s also about ensuring that your family will be financially secure when you’re gone.
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May 24, 2014

Leite v. Crane Co. – Court Affirms Colorable Federal Defense in Asbestos Claims

by Jeffrey S. Glassman

A federal appellate court has affirmed an earlier decision removing a number of mesothelioma lawsuits to federal court, wherein the defendant manufacturer of dangerous products can assert a colorable federal defense for its actions.

In Leite v. Crane Co., the U.S. Court of Appeals for the Ninth Circuit indicated the defense had met the burden of proof necessary to show it had a solid case for asserting it was acting under the purview of the federal government at the time the plaintiff injuries were incurred. The appeal was a consolidated effort on behalf of several similarly situated plaintiffs who are and were U.S. Navy veterans.

New England mesothelioma attorneys recognize rulings like this can be a significant blow, though it doesn’t necessarily mean an end. The plaintiff will still have the opportunity to strike down this theory at trial.
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May 18, 2014

Urban Renewal Project Includes $247,000 for Asbestos Removal

by Jeffrey S. Glassman

Asbestos lurks in structures throughout Boston’s metropolitan area and the state of Massachusetts. The threat of exposure has created an incentive for government agencies as well as legislators to invest in clean-up to protect residents and workers. In a revitalization effort in Holyoke, the Environmental Protection Agency is providing the city with $247,000 to clean up hazardous materials at the former Hart Will Combing Factor on Appleton Street. The public has been invited to hear the city’s plan to clear the asbestos through safe removal processes.

Efforts to clean-up this building and others like it are taking place throughout the state. The clean-up was ordered after an analysis released by an environmental infrastructure company revealed high levels of toxicity and hazardous materials. Our Boston mesothelioma attorneys understand the significant risks posed by properties with asbestos contamination. For victims, the exposure can be immediate and the onset of mesothelioma may not be detected for years or decades. Despite clean-up efforts, asbestos exposure continues to pose a threat and onset of the dangerous cancer.
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May 15, 2014

Novel Meso Drug Developed and Tested in Cambridge

by Jeffrey S. Glassman

Mesothelioma is notoriously one of the most aggressive and deadly forms of cancer. Most patients are given a year or only a few months to live after diagnosis. Despite these negative odds, some patients have managed to survive well past their life expectancy. One of the ways patients can often extend the duration and quality of life is through medication. Surgery is also an option, but doctors, patients, and researchers have acknowledged that there is still no cure.

A novel mesothelioma drug is being developed and tested on mesothelioma patients in Cambridge, Massachusetts. The development is a breakthrough for experts as well as patients who have been waiting for a treatment. According to reports, more than 107,000 people died from mesothelioma. Our Boston

May 15, 2014

Third Circuit To Hear Asbestos Evidence Destruction Claim

by Jeffrey S. Glassman

A lawsuit brought on behalf of six individuals who died from asbestos-related disease alleges defendants Cahill Gordon & Reindell LLP and BASF Catalysts LLC fraudulently destroyed evidence relating to asbestos-containing talc products.

The complaint alleges the companies’ actions have ruined potentially thousands of asbestos product liability lawsuits against them.

Boston asbestos lawsuit lawyers have learned that in all six cases, there is evidence that the plaintiffs were sickened by exposure to talc manufactured and sold by Englehard Corporation, a predecessor of BASF.
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May 13, 2014

Aggressive Mesothelioma Surgery Remains Controversial

by Jeffrey S. Glassman

As one of the most aggressive forms of cancer, patients of mesothelioma are often willing to try anything, even new or experimental treatments. One aggressive form of mesothelioma treatment has been the subject of debate as medical experts continue to debate the effectiveness of a clinical trial. According to some opponents, the trial failed to show any benefits to the extremely complicated form of surgery, known as extrapleural pneumonectomy. For many doctors, the operation is no longer favored over more traditional therapies and has been replaced with a less radical operation.

Understanding the complicated methods and treatment procedures can be overwhelming for patients and their loved ones. While you may have different treatment options available, it can be difficult to assess the risks, benefits, and costs. Our mesothelioma attorneys in Boston understand the struggles faced by mesothelioma patients and their families. A diagnosis of mesothelioma is extremely emotional and may create additional burdens and hardship for your family beyond medical care and treatment. As advocates of patients, we work to identify underlying causes of exposure and will pursue necessary compensation to help cover treatment, care, and your family needs through this difficult time.
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May 10, 2014

Boston Builders Fined by DEP for Failing to Safely Remove Asbestos

by Jeffrey S. Glassman

Though the risks of asbestos exposure are well-documented, there continues to be the potential for exposure in Boston and nationwide. City, state, and federal regulations are in place to limit the risks of exposure and to ensure that individuals and entities remain accountable when handling or removing asbestos. In a recent case that demonstrates the very real risk of modern asbestos exposure, a building company and its owners were fined $37,625 by the state Department of Environmental Protection for failing to follow safe and legal asbestos removal procedures.

According to reports, the Town and Country Builders located in Whitinsville were under inspection in December 2012 by the Department of Environmental Protection (DEP). The agency found that the building company had improperly removed 100-feet of insulation pipe that contained asbestos from a multi-family residential property. Failing to safeguard the premises and failure to follow regulations could have put residents at risk of asbestos exposure. Our mesothelioma plaintiff attorneys are dedicated to helping asbestos exposure victims protect their rights. We will investigate mesothelioma diagnoses to determine the original source of exposure and to hold responsible individuals and entities accountable.
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May 5, 2014

Revered Brandeis Professor Dies of Mesothelioma

by Jeffrey S. Glassman

Mesothelioma is one of the most dangerous and deadly forms of cancer. Patients are often given just months to live after a mesothelioma diagnosis. While there are treatment options available, families and loved ones of mesothelioma patients are often forced to face the inevitable. In another tragic mesothelioma case, a revered Brandeis English professor lost his life to mesothelioma. The professor was known for his passionate contributions to the literary community and dedication to his students.

According to The Boston Globe, the teacher and writer examined politics and literature and made his life’s work from making sense of politics and the economy with a particular focus on post-Civil War era works. He died in March in his Cambridge home of mesothelioma. Our Boston mesothelioma attorneys are committed to representing victims and families who have been impacted by asbestos exposure and mesothelioma. We will take a strategic approach to review your medical case, identify responsible entities, and pursue the compensation you and your family need and deserve. We are also abreast of mesothelioma-related news and developments in Boston and throughout Massachusetts.
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May 1, 2014

Mesothelioma Litigation: Battling the Bare Metal Defense

by Jeffrey S. Glassman

The so-called “bare metal defense” is gaining traction in mass tort asbestos actions throughout the country.

Mesothelioma litigation defendants are finding that in some cases, they can successfully argue they should not be held responsible for damages caused by asbestos-containing elements of their product, because they did not manufacture or distribute those specific elements. They assert no duty to warn with respect to a third-party’s asbestos-containing insulation or replacement components.
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New England mesothelioma lawyers recognize the problem with this argument is that the asbestos-containing elements of those products were considered essential. To assert that the defendants didn’t know those parts of their product contained asbestos or that the asbestos wasn’t dangerous is a serious stretch, and one that allows culpable manufacturers to escape responsibility for the irreparable harm caused to so many people.

Unfortunately, some courts have been buying it. In Massachusetts, a Superior Court judge overseeing the case of Whiting v. Alfa Laval Inc. granted a summary judgment to two defendants in a case where a plaintiff widow alleged her husband had died due to exposure to asbestos-contaminated products while in the Navy. The defendant, in that case a manufacturer of valves and turbines used on Navy ships, asserted it had no duty to warn of the potential dangers arising from equipment that it neither manufactured nor supplied. Defendants cited favorable rulings by both the California and Washington Supreme courts.
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