Mesothelioma Lawyers Blog

February 15, 2014

Lung Cancer, Asbestos and Tobacco: Understanding Your Rights

The majority of those filing asbestos lawsuits in Massachusetts are people who worked in industries where they were exposed to the dangerous fibers in the course of carrying out their daily duties.

These individuals suffered from what we call occupational exposure. There are other forms of exposure of course, including second-hand, usually stemming from relatives who returned home each day with the material on their clothing.

Yet even for those diagnosed with mesothelioma, in which the only known cause is exposure to asbestos, these cases can be complex. It requires delving back many years into a person’s work history and daily routines. It requires testimony from colleagues and supervisors from decades ago. It requires an extensive analysis of medical records and evaluations. To top it off, most of these cases are fast-tracked, due to the rapid deterioration of patients’ health following diagnosis.
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February 12, 2014

Walston v. Boeing Co. – Asbestos Liability of Employers

by Jeffrey S. Glassman

An ongoing mesothelioma lawsuit raises questions about an employer’s responsibility in cases of asbestos exposure and whether workers’ compensation laws bar plaintiffs from taking action against former employers.

In the case of Walston v. Boeing Co., the plaintiff is attempting to sue his former employer on the grounds that the company “deliberately intended” to cause him harm, as it knew of the dangers involved with asbestos work and failed to properly protect or warn him.

However, the company argues that the lawsuit is barred under Washington state’s Industrial Insurance Act, the state’s workers’ compensation law, which offers employer immunity under the exclusivity provisions.
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February 8, 2014

Report: Mesothelioma Litigation is Gaining Momentum

by Jeffrey S. Glassman

A new report indicates insurance companies are largely unprepared for a massive “third wave” of asbestos claims that are expected to be filed within the next several years.

mesothelioma attorneys in New England have been well aware for some time that asbestos litigation hasn’t been slowing down. However, many insurance companies may be caught off-guard by new filings because, according to the New Jersey-based Assured Research group, these firms are leaning heavily on statistics that are obsolete.

In Assured Research’s report, “A Third Wave in Asbestos Liabilities Ahead,” the authors indicate that part of the reason insurance companies aren’t ready is because they haven’t taken into consideration that many new asbestos litigation claims stem not just from mesothelioma diagnoses, but from lung cancer diagnoses as well.
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February 4, 2014

$27.5 Million Mesothelioma Verdict for English Professor

by Jeffrey S. Glassman

The 40-year-old English professor is not your typical mesothelioma plaintiff.

He’s relatively young. He is married to his high school sweetheart, has a Master’s degree and a 6-year-old daughter. He teaches at an Ohio community college and on weekends, plays drums in a popular local band.

He’s also dying of mesothelioma, a terminal cancer caused by exposure to asbestos. A Cuyahoga County jury recently awarded him and his family a $27.5 million verdict against an asbestos defendant deemed responsible for his prognosis. Our Boston mesothelioma attorneys understand it is the largest ever such verdict handed down in Ohio.
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January 31, 2014

Filing Boston Mesothelioma Claim on Behalf of Parent

by Jeffrey S. Glassman

Increasingly, our Boston mesothelioma attorneys are handling litigation brought by adult children on behalf of parents who suffered and ultimately died prematurely as a result of this horrific illness.

The unfortunate reality of these cases is that the disease of mesothelioma, once diagnosed, progresses very quickly. Patients who have limited time left don’t wish to spend their last days embroiled in a legal dispute. This is understandable. However, it can be helpful to at least consult with an attorney soon after diagnosis so that valuable information can be gleaned that may assist future litigation brought by family members who also inevitably suffer as a result of a loved one’s untimely passing.

These kinds of tort claims are often filed as wrongful death actions, rather than personal injury. Both allege breach of a duty owed by the defendant, but in a wrongful death claim, parties can also seek compensation for funeral expenses and loss of consortium.
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January 28, 2014

Bankruptcy Judge Limits Asbestos Defendant’s Future Liability

by Jeffrey S. Glassman

In a disappointing blow to those who might have sought damages for asbestos exposure from Garlock Sealing Industries LLC, a federal bankruptcy judge has severely curtailed the amount for which the firm will be liable.

Mesothelioma plaintiff attorneys with pending claims against the firm had sought to hold the company responsible for some $1 billion in future liability for the exposure.

This figure was based on previous judgments against the firm, as well as out-of-court settlements.
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January 24, 2014

Boston Mesothelioma Compensation: Filing Claim With Bankruptcy Trust

by Jeffrey S. Glassman

When Boston asbestos lawsuits first began to stack up back in the 1970s, it wasn’t long before defendants, victims and judges concluded that valid personal injury claims were going to outpace the amount of money available to adequately compensate those who had been wronged.

It was for this reason that many asbestos defendants started to file for bankruptcy protection – but they weren’t able to get off the hook entirely. Approximately 100 companies have filed for bankruptcy reorganization actions that allowed the firms to set aside money for current and future asbestos injury claims while continuing to operate. Some companies no longer operate, but still have trustees managing these asbestos bankruptcy trusts as claimants continue to emerge decades after exposure.

In these cases, the court decides how much money the firm must set aside (based on projections of current and future liability). It’s often an involved process. But once it’s approved, filing a claim with a mesothelioma bankruptcy trust is a fairly streamlined process. An experienced attorney can help you appropriately file the claim.
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January 20, 2014

Careless Asbestos Handling a Criminal Offense in New England

by Jeffrey S. Glassman

Any amount of asbestos exposure can be deadly, which is why state and federal authorities have strict guidelines in place for how the material must be handled and disposed.

Unfortunately, there continue to be business, property owners and contractors who flout these rules simply to save a few bucks.

Recently in the case of United States v. O’Malley, the U.S. Court of Appeals for the Seventh Circuit upheld the 10-year prison sentence of a contractor who tried to sidestep health and safety regulations.
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January 15, 2014

“Blood Biomarker” May Improve Mesothelioma Diagnosis Accuracy

by Jeffrey S. Glassman

Diagnosis of mesothelioma may come months, years, or even decades after the exposure to asbestos. Though early diagnosis can improve treatment options and increase the chances of longevity, most victims will still face the tragic prognosis of an untimely death. According to new research, “biomarkers” could improve the accuracy of diagnoses for mesothelioma patients. Researchers who published the new study claim that an analysis of proteins and glycoproteins could save the lives of patients.

Doctors, hospitals, and medical researchers are always exploring new ways to better diagnose and treat patients. According to a recent study, using more biomarkers can improve accuracy in diagnosis. The study was published in the recent issue of Anticancer Research. Our Boston mesothelioma lawyers are dedicated to helping victims recover the compensation they deserve after diagnosis. We also help families of victims make legal claims if they have lost a loved one to mesothelioma. In addition to providing legal support, our team is committed to staying abreast of medical developments and informing clients about breakthroughs in mesothelioma treatment.
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January 11, 2014

Mesothelioma Treatment Watch: Does Radiotherapy Provide Pain Relief?

by Jeffrey S. Glassman

Mesothelioma patients can suffer from severe pain, especially as they near the end of life. Doctors and medical researchers are often exploring new methods of treatment to ease the pain for victims. One of the standard pain relievers for mesothelioma patients has been radiotherapy. According to new reports, evidence suggest that radiotherapy is ineffective in treating pain. Though it has been used for decades to treat mesothelioma patients, Scottish scientists are countering that belief with findings that the science in favor of radiotherapy is weak.

According to researchers, there is no quality evidence to support radiotherapy in treating mesothelioma pain. This could be a significant setback to medical practitioners as well as patients and their loved ones who have been relying on radiotherapy treatment. Our mesothelioma attorneys in Boston are dedicated to helping victims recover compensation after asbestos exposure. In addition to helping victims and their families, we are also abreast of trends in mesothelioma medical research and treatment.
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