Mesothelioma Lawyers Blog

January 31, 2014

Filing Boston Mesothelioma Claim on Behalf of Parent

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.
Continue reading

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.
Continue reading

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.
Continue reading

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.
Continue reading

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.
Continue reading

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.
Continue reading

January 7, 2014

U.S. Congresswoman’s Asbestos Claim Brings Legal Issues to Light

by Jeffrey S. Glassman

Many people each year file lawsuits in the United States because they develop cancer as a result of exposure to asbestos. The thousands of lawsuits largely go unnoticed amidst the other legal news, especially as asbestos litigation has been going on for a long time and there is no question that asbestos is the cause of mesothelioma as well as the cause of many cases of lung cancer.

One recent case, however, is bringing issues of asbestos exposure back to the headlines because the plaintiff is a politician. According to The Hill, the lawsuit was brought by a 69-year-old U.S. Congresswoman named Carolyn McCarthy. The congresswoman announced back in June that she had been treated for lung cancer and she has now filed a lawsuit against multiple manufacturers of asbestos because she alleges that exposure to toxic asbestos fibers when she was younger was a significant contributing factor to the development of her lung cancer.
Continue reading

January 2, 2014

Low Levels of Asbestos Exposure Can Cause Mesothelioma

by Jeffrey S. Glassman

The link between exposure to asbestos and the development of cancer has been long-established and it is clear that when asbestos fibers are breathed, they can cause mesothelioma. Unfortunately, new research shows that even very low levels of exposure to asbestos can trigger the damage to the lining of the lungs that causes mesothelioma.

The study was published in the Journal of Occupation and Environmental Medicine and it involved reviewing data from more than 60,000 men that was collected as part of the Netherlands Cohort Study. The men whose data was reviewed were Norwegian men between the ages of 55 and 69. The researchers took a careful look at the job history of each of the 58,279 men who were involved in the study and compared the work background of the men to the different occupations where workers were routinely exposed to asbestos. The researchers also compared the levels of asbestos exposure among the men surveyed to the rate at which the men developed mesothelioma and other cancers such as lung cancer.
Continue reading

December 31, 2013

Could A New Test Detect Mesothelioma Sooner?

by Jeffrey S. Glassman

Mesothelioma is a serious and often deadly cancer that is generally caused by exposure to asbestos. Part of what makes mesothelioma such a dangerous cancer is that the condition is not normally diagnosed until the cancer is quite advanced. Early diagnosis is essential to improving cancer survival rates because the sooner the cancer is caught, the smaller it is and the easier it is to eradicate through chemotherapy, radiation, surgery or other treatment methods. Unfortunately, mesothelioma does not usually show symptoms until the cancer has progressed, and easy screening is not currently possible for mesothelioma as it is for other common cancers such as breast cancer and cervical cancer.

A new study, however, may provide hope for advancing the treatment of mesothelioma and improving survival outcomes. The new study may make it possible to diagnose mesothelioma in much earlier stages, which could allow for treatments that are more likely to cure patients with this aggressive cancer or which could make the cancer more treatable. Our Boston mesothelioma lawyers know that a screening test would be invaluable, especially to those who may have worked in professions where they were exposed to asbestos and who thus know that they have a high risk of developing cancer from breathing in asbestos fibers.
Continue reading

December 27, 2013

Mesothelioma a Risk for New England School Teachers

by Jeffrey S. Glassman

Mesothelioma is a worldwide problem as asbestos was widely used in building material both in the United States and throughout Europe for decades until the risks associated with exposure became known. Recently, the death of a school teacher in the United Kingdom brought the issue of asbestos-exposure in schools back into the headlines. The teacher, a 63-year-old from South Hampton, was believed to be the first case of mesothelioma in the local area. However, there is concern that many schools both in the UK and in the United States are older buildings were children, teachers and administrators could all be exposed to asbestos fibers.

Our mesothelioma plaintiff lawyers know that the Environmental Protection Agency (EPA) has passed strict requirements to prevent exposure to asbestos among school children. Schools are required to comply with the Asbestos Hazard Emergency Response Act (AHERA) and all public and private schools, including charters and religious schools, have to inspect their schools regularly for materials with asbestos and take action to reduce asbestos hazards. Unfortunately, the average age of schools in the U.S. is around 42 years old and about half of all schools in the country were built between 1950 and 1969, which were peak years for the use of asbestos. Even with federal regulations, schools may still have unresolved asbestos issues and kids, teachers and administrators could be in danger of exposure.
Continue reading