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Boston mesothelioma lawyers are constantly on the lookout for information regarding new treatments for those diagnosed with mesothelioma in New England.dnafingerprint.jpg

As of yet, there is sadly no cure for this cancer, which usually kills within a year of diagnosis.

However, scientists appear to be pressing on in studying this deadly disease from every angle. That has resulted in the most recent findings, which indicate that there may be a genetic mutation that could contribute to a person’s susceptibility to mesothelioma, a cancer that kills roughly 3,000 people each year.

Now, a few things that are important to put into context. The first is that exposure to asbestos is the primary cause of mesothelioma, which is otherwise a rare cancer that attacks the lining of vital organs. The asbestos exposure often occurs many years prior to an actual diagnosis, so the disease often remains latent for decades.

Secondly, it’s important to note that even if it’s true that a gene could increase a person’s susceptibility to sickness, it does not release some of these companies who perpetuated the asbestos exposure from liability.

That said, what the National Institutes of Health have discovered is that even though a large number of people have been exposed to asbestos (mainly before the 1970s) not everyone who was exposed gets sick. It is believed that about 11 million people were exposed to asbestos in the U.S. in the years between 1940 and 1978.

With symptoms remaining latent for 25 to 50 years, mesothelioma cases are expected to peak around 2020.

What researchers found in focusing on families that had high rates of mesothelioma or other cancers also had an eye mutation. That mutation was inside a gene called BAP1. A number of other patients who had no family history of cancer also had this same eye mutation.

Those with this mutation were also more likely than those without it to develop other types of cancers, including ovarian, breast, pancreatic or renal. This is the gene that acts to suppress the activity of tumors. So it would make sense that if someone has a mutation of this gene, they would be at higher risk to develop cancer.

Of course, like all mutations, some are genetic, but then some are apparently random. Exposure to certain carcinogens (like asbestos) can either create a mutation or increase a person’s risk that the mutation will multiply, or in other words, turn cancerous.

So to break that down, just because a person has the mutation doesn’t mean they will necessarily develop cancer. And just because a person doesn’t have the mutation doesn’t mean they are completely immune to a mutation.

The idea with this study is that if people are aware that they have this genetic mutation, they should take extra caution to avoid exposure to known carcinogens, namely asbestos, cigarettes and UV light.
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Our Boston mesothelioma lawyers routinely keep a close watch on the pulse of what’s happening in other districts and even states with regard to similar lawsuits.greenhardhat.jpg

Often, Boston mesothelioma cases can mirror what’s happening around the country. It’s important to know which strategies have been especially effective, as well as what hasn’t worked so well. That also keeps us up-to-date on case law, which could have a direct impact on future litigation.

So we’ve been following several cases out of California, in which a group of former workers have been trying to sue their one-time employer. These cases are interesting because the employer never made anything containing asbestos, the fibers of which can be inhaled and cause serious illness in the form of various lung diseases and mesothelioma cancer.

Asbestos exposure in a Boston suburb has resulted in criminal charges, and our Boston mesothelioma Lawyers understand that the 59-year-old landlord is accused of violating the MassLive.com, the incident happened in Grafton, about one hour west of Boston.

The woman is reportedly charged with three violations of the state’s Clean Air Act, and was specifically accused of improperly having asbestos removed from her property.

The defendant in this case purchased a property back in the late summer of 2007. Shortly after her purchase, she sent a formal notice to the Massachusetts Department of Environmental Protection. In that notice, she informed them of asbestos that was found in the roofing components, as well as in the wall board. Now unfortunately, many older structures in Boston still contain asbestos, despite the fact that the federal government barred its further use in U.S. products beginning in the 1970s.

But because its use was so prevalent throughout the first and middle part of the 20th Century, asbestos is still being found in a number of residences – especially in older, more established cities, like Boston.

Asbestos exposure can be deadly when it’s inhaled, causing fatal cancers, like mesothelioma. However, exposure doesn’t mean immediate demise. In fact, people may go many years before ever realizing they’ve been put at risk. By the time they are diagnosed with mesothelioma, their life expectancy is significantly reduced.

So when a property owner becomes aware of the asbestos, there are very specific procedures they have to follow in order to remove it. For instance, they have to a hire a contractor who is certified to handle the asbestos removal.

What allegedly happened in this case was that the property owner, back in the autumn of 2009, started paying two prospective tenants to begin renovation work on the property. That renovation work included removal of the siding.

The property owner knew of the existence of asbestos, as evidence by the letter she sent to the DEP back in 2007. And yet, the state contends she did nothing to warn the tenants that the work they were doing was putting them at serious risk for asbestos exposure – and all the illnesses that come along with that.

To make matters worse, the prospective tenant’s CHILDREN were also helping with the work. The landlord knew this too, and yet, stayed mum. These were individuals who had no training in dealing with asbestos, and they didn’t have the proper equipment to protect either themselves or those in the surrounding neighborhood.

In addition, she didn’t give the DEP a heads-up that the work was being started on, as she was required to do by law.

The DEP didn’t become aware of the situation until the landlord hired a private company to dispose of the asbestos-laden material, which was piled up at her property.

The landlord has pleaded innocent to the charges, which include failing to follow proper procedures, improper asbestos storage and failing to give notice of an asbestos-related project.

As of yet, there is no indication that the tenants who did the work have filed a personal injury suit against their landlord, though it appears in this case, they certainly could.
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Boston mesothelioma attorneys have been closely following the developments regarding asbestos trust funds and government attempts to increase transparency and reduce fraud.coinspile.jpg

Those who have been diagnosed with mesothelioma in Boston have probably heard of these trusts. If not, it’s time to educate yourself.

Back in the late 1970s, Congress recognized the extreme dangers associated with asbestos exposure, which lead to a myriad of lung diseases, including the rare and deadly mesothelioma cancer, which attacks the lining of internal organs. Legislators realized that even after the dangers of asbestos exposure became widely known, many companies continued to use this fibrous, organic compound in everything from insulation to car parts. Even though inhalation of the fibers was known to make people seriously ill, they continued to use it because it was cheaper. Greed, plain and simple.

Boston mesothelioma attorneys know that this disease is brutal. redredwine.jpg

As of yet, there is no known cure for a patient dealing with a mesothelioma diagnosis. However, there is encouraging research that was recently published in the International Journal of Molecular Medicine recently, suggesting that red wine – of all things – may actually hold the key to treatment.

It seems somewhat far-fetched, and of course, we’re a long way from any sort of a cure. But we’re happy that research is ongoing, and that scientists continue to explore the possibilities, as mesothelioma is an acute and fatal disease and a diagnosis is a death sentence. Our Boston mesothelioma lawyers work tirelessly to fight for justice on behalf of those who were sickened by asbestos exposure that resulted from the negligence of corporations that produced this material, long after the impacts to health were widely-known.

Here’s what we know of this research so far:

While the health benefits of drinking red wine have long been touted, researchers have discovered that an element called resveratrol could suppress high levels of the Sp1 protein and has shown to kill mesothelioma cancer cells.

The experiment was conducted on laboratory mice in Korea at the Soonchunhyant University.

Resveratrol, which is an antioxidant found in the skin of red grapes, has been shown in previous studies to reduce high cholesterol and halt damage to blood vessels. It’s an organic compound, and it’s well-known to have other health benefits.

This new study was conducted on laboratory mice that had mesothelioma.

Scientists believe that Sp1 plays a significant role in the development of certain cancers – namely, mesothelioma. If scientists can figure out how to minimize the explosion of Sp1 proteins in cancer patients, they may be able to lengthen the lifespan of those who have been diagnosed with mesothelioma.

Of course, the researchers note that while this is a breakthrough, it’s not the end of the line as far as mesothelioma treatments. More research needs to be done to determine how these findings will translate for human patients.

And while it may seem a shot in the dark, it’s not uncommon that mesothelioma patients are willing to try almost anything, given the bleak prognosis for their condition. In most cases, the condition is treated with some combination of radiation, chemotherapy and surgery. In most cases, the sooner the cancer is caught, the more effective those treatments will be.

Yet, as there is no cure, many patients view it as a prolonging of the inevitable.

Often, doctors will encourage their mesothelioma patients to try alternative treatments, particularly if the side effects are expected to be minimal. In this case, it seems patients require little convincing to try it.
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Our Boston asbestos exposure attorneys have reported on numerous cases involving children who are placed at risk when district officials or construction companies are careless with removal of the deadly material. school.jpg

We know that Boston asbestos removal must follow strict guidelines in terms of how, when and who can complete the work.

But even when assurances are given that work is being done properly, that doesn’t always mean that every single party follows through. And when there are children involved, parents are understandably going to be upset.

We recently reported in our Boston Mesothelioma Lawyers Blog on asbestos concerns at Thorpe Elementary School in Boston, as well as those raised by a New York school that was hit by vandals, who unwittingly spread asbestos across the sidewalk.

Now, we understand that parents whose young children – ages pre-K through fifth grade – attend a Brooklyn school are voicing outrage that a renovation project may put the youngsters at risk. It’s reached such a fever pitch that parents have protested and even staged a sit-in – so far to no avail.

Our Boston asbestos exposure attorneys stand behind these parents in their quest to have the multimillion dollar renovation project postponed until the summer break, when the potential risk to students can be substantially mitigated.

Parents say they weren’t notified ahead of time that the work would be conducted. The renovation project, which started in March and is expected to span 18 months, involves working on the building’s windows, roof and outside facade.

The school district says that the work will be done on evenings and weekends, when no students are in the building. It says the work will be conducted in areas that will be safely cordoned off from students.

But not only is this an inconvenience (what about after-school events or if a child forgets her homework?), the greater concern is how will the district be able to ensure that the asbestos dust will be entirely settled – and not a risk to students – when they show up for classes the following day? This is especially alarming because parents have already noted a build-up of dust from the construction on both windows and playground equipment. So far, there is no word on whether that dust has been tested for asbestos levels.

Asbestos was banned for commercial use in building materials in New York in 1972. But like Boston, many of its older buildings still contain the dangerous, cancer-causing material.

Some parents were mulling the possibility of keeping their children out of school throughout the duration of the project, despite planned, standardized math tests that were scheduled to take place.

School officials have said caving in to a requested delay could set a “bad precedent,” causing many major projects to grind to a halt. But when it comes to children, could there be any better reason to use an abundance of caution, regardless of the impact on the speed of future projects?
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Often, we think of Boston mesothelioma patients as construction workers or rail workers or those who have been in some other type of building-related industry.tunnel.jpg

However, our Boston mesothelioma lawyers know that because asbestos exposure – the main cause of mesothelioma – most often occurs through airborne exposure, almost anyone is vulnerable. This was proven once again in an asbestos exposure complaint filed by police officers in Washington D.C.

Individuals who are members of the Capitol Police union have filed a complaint against the department, saying administrators didn’t protect them from on-duty asbestos exposure.

Our Boston mesothelioma attorneys know that anytime we take on a case, there’s the real and tragic possibility that our client may not survive the proceedings. gavel.jpg

Generally, that is the harsh reality of a Boston mesothelioma diagnosis – once it’s identified, patients only have a few months to maybe a year or so left. And the fact is, litigation takes time. That leaves devastated survivors to carry on with the case and our Boston mesothelioma attorneys are dedicated to battling their case every step of the way.

What we find morally reprehensible, however, are the tactics often used by defendants in these cases – the companies who sought to cover up their continued use of asbestos products, even after they became aware of the immense danger. They covered it up because asbestos was cheaper and because they didn’t want to be sued.

Our Boston mesothelioma attorneys are reticent to raise the hopes of individuals suffering from this devastatingly swift diseaseas it has been notoriously unresponsive to treatment. labwork.jpg

On the other hand, when there is potentially encouraging news for Boston mesothelioma patients, we want them to be aware of it. And it’s in that spirit that we wanted to share with you the latest news out of Australia: The possibility of increased survival rates through a certain kind of radiation treatment.

Here’s what we’ve been able to cull from the various news reports regarding this latest treatment:

Doctors and researchers in Melbourne conducted a small study, involving some 45 patients between the ages of 45 and 74.

Those patients were given a high dose of radiation treatment, called hemithoracic radiation. This involves “intensity modulated radiotherapy,” (IMRT) and something known as 3D conformal radiation. These are highly technical procedures, but the first works by allowing doctors to deliver a high radiation dose to a certain target – say, a tumor in the lungs – without damaging the tissue around it. The 3D conformal radiation is similar, but it works by allowing the radiation to match the shape of the tumor and target the cancerous cells. That means that higher doses of radiation can be delivered specifically to the tumor, reducing the risk of harm to the good tissue.

The results weren’t groundbreaking, but they were encouraging.

Of those 45 patients, about 80 percent were already in the advanced stages of mesothelioma. Two had previously had either surgery or chemotherapy.

The study found that the median survival rate was 12.4 months from the time treatment began. That may not sound like much at all, but that’s compared to patients who survived 7.9 months using other, more conventional forms of treatment.

This is significant because it was previously believed that mesothelioma, unlike other forms of cancer, was totally unresponsive to radiation treatments unless the levels were so high as to be fatally toxic.

Researchers here though have said there were no fatal or life-threatening side effects from the treatment itself.

Mesothelioma has historically been extremely difficult to diagnose and to treat. Usually, by the time someone is given a diagnosis, they have less than a year to live. In almost all cases, mesothelioma is caused by swallowing or inhaling dust from asbestos. That dust becomes embedded in the lining of the lungs, stomach and other vital organs, though problems aren’t usually detected until many years or decades after the initial exposure.

The research should not end here – this should only be considered the beginning. This is a relatively small study, compared to the estimated 3,000 Americans who are diagnosed with the disease every year. But it’s one step in the right direction.

Of course, it doesn’t release those responsible for asbestos exposure from liability, so it’s important if you are diagnosed to contact an experienced Boston mesothelioma attorney.
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When you are involved in mesothelioma litigation in Boston, you probably give your attorney the authority to make the tactical trial decisions of your case. This is why it is so critical to have an experienced Boston injury attorney advocating for you.
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Recently the Supreme Court of New York decided the crucial question of whether there was a dispute in the material facts of the case. McDonald v. A.C.&S., Inc. et al. began because James McDonald was working in the heating, ventilation and air conditional (HVAC) business throughout the 1970s. McDonald was a sheet metal worker in his family business where he was responsible for overseeing a variety of other workers. McDonald never directly worked with any products that contained asbestos, but he did work in close proximity to workers who were repairing, replacing and removing valves that contained asbestos. These valves were created by Crane Company (Crane or defendant), an unnamed defendant in this case.

McDonald was diagnosed with mesothelioma and died in 2000. He left his wife, who acted as the representative of McDonald’s estate (plaintiff) for this lawsuit. Plaintiff brought a personal injury and wrongful death action against Crane arguing that McDonald got mesothelioma because of the asbestos in the Crane valves.

Plaintiff proved that Crane was in the business of manufacturing, supplying and distributing valves that contained asbestos. Crane admitted that they did produce two types of valves during the 1970s, one of which contained asbestos. Crane acknowledged that only the insulated valves had asbestos in the gaskets, but it established that the non- insulated valves did not have asbestos. Additionally, defendant argued that because it was hard to distinguish between these two types of valves, there was no way to prove that McDonald actually got mesothelioma from a Crane valve. For this reason, Crane entered a motion for summary judgment.

When a party moves for summary judgment they are basically telling the judge that there is no material issue of fact that needs to be determined. The court explains that in order for a case to go to a jury to determine liability, there must be enough proof that a dispute actually exists.

The plaintiff provided the testimony of a former co-worker of McDonalds’ to prove that McDonald was exposed to the asbestos from the Crane valves, and that this exposure caused him to get mesothelioma and die. Thayer testified that the asbestos fibers were released around McDonald and the asbestos came from the Crane valves. Additionally, Thayer testified that for two months he and McDonald worked in the boiler room of a psychiatric hospital which contained Crane valves.

Defendants argued that the witness’ testimony was mere speculation and there was no substantiated proof that Crane should be held liable. The court found that Thayer had sufficiently identified the Crane valves in the psychiatric hospital; therefore, there was a sufficient evidence to show a dispute over the material facts of the case.

Thus, the court denied Crane’s motion for summary and the case will continue on to a jury trial.
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