asbestos injury

March 15, 2018

Asbestos Claims Under State and National Legislative Scrutiny

Over the last 30 years, it’s estimated nearly 1,000 companies have filed for bankruptcy protection largely thanks to their status as defendants in thousands of asbestos injury lawsuits. Most filed for Chapter 11 bankruptcy status and have made efforts to reorganize, as well as establish trust pursuant to 11 U.S.C. 524(g), from which current and future asbestos injury plaintiffs can draw. Between 2003 and 2016, industry analysts say these companies and their insurers paid nearly $40 billion to the trust system, growing from 14 active trusts in 2004 to 58 by the close of 2016. These trusts are established with the intention of preserving assets for future and current claimants, relying on projections of near- and long-term claim filing and payment rates in order to manage the flow of money.

In recent years, a number of federal and state-level legislative actions have targeted victims of mesothelioma, often specifically citing the payouts of these trusts, in calling for “greater transparency.” Ultimately, these are efforts to slow plaintiffs down and limit what they can recover.

Let’s take for example the measure being mulled in New Hampshire. Continue reading

January 30, 2017

Asbestos-Related Injuries in Boston Other Than Mesothelioma

by Jeffrey S. Glassman

While companies in the asbestos industry worked hard for more than a century to keep the fact that asbestos exposure causes malignant mesothelioma from the general public, this is not the only serious and potentially deadly illness asbestos exposure can cause. One of the lesser known, but still fairly common asbestos related illnesses is known as asbestosis.

Asbestosis occurs when the deadly fibers are inhaled and become embedded in the lungs. These fibers are very sharp and can cut and scratch the tissue lining the lungs. Over time, these cuts can form scar tissue that gets progressively thicker as it keeps opening and healing time and time again. Once this scar tissue is allowed to build, it can obstruct the victim’s airway making it very difficult to breath. This causes chronic shortness of breath and other serious medical conditions. Asbestosis is similar to chronic obstructive pulmonary disease (COPD), which is seen most often in smokers. While a victim can be treated and will likely have to use an oxygen tank, it is not curable and can be deadly. Continue reading

October 2, 2016

Mass. Landlord to Pay $100,000 Asbestos Lawsuit Settlement

by Jeffrey S. Glassman

According to a recent news feature from the Boston Herald, a landlord who owns multiple rental units in New Bedford, Massachusetts has agreed to pay $100,000 in civil fines. This payment will be made to settle claims filed by the Commonwealth’s Attorney General related to asbestos violations. The allegations were that he was renovating four residences and engaged in illegal asbestos removal during the renovation process.

Specifically, the lawsuit filed in the Suffolk Superior Court in Boston alleges that his contractors knowingly had workers remove material containing deadly asbestos fibers without wearing proper protective clothing and without having ventilators or respirators. The material was then taken out with ordinary construction waste and taken to a landfill instead of being taken to a proper asbestos collection facility that handles this and other hazardous waste. Continue reading