Articles Tagged with Boston mesothelioma

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Mesothelioma cases are unique torts in the sense that a cause of action does not arise for many years after initial exposure to deadly asbestos fibers. All courts impose some time limit on virtually every type of case – both criminal and civil, and mesothelioma lawsuits are no different. However, the question of how long you have to file your mesothelioma lawsuit will depend on a number of factors. Primarily, the court will want to know when you knew or should have known there was a potential your illness was causally linked to asbestos exposure.

asbestos lawsuits Boston

Like Massachusetts, Maryland imposes these time limitations as well, though there are some differences. According to a recent news article from Forbes, there are currently approximately 30,000 mesothelioma cases awaiting trial in Maryland. In that state, the highest court is slated Dec. 1st to hear an appeal of a 2015 decision regarding the 20-year statute of repose in an asbestos injury lawsuit.

If the court affirms the appellate ruling, thousands of these people whose exposure occurred prior to the 1970s will have their claims dismissed, per the 20-year statute of repose. While 20 years may be ample time to file litigation in most injury cases, mesothelioma cases differ because of the long latency period of the disease.  Continue reading →

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For the past decade, so-called nanotechnology has been all the rage in the manufacturing community as well as in marketing to consumers. Nanotechnology is a manipulation of matter on an atomic, molecular and supramolecular scale. Nanotubes are a type of nanoparticle that can be used as an electrical conductor or insulator and can be large enough to create piping through which other nanoparticles can be channeled.

A recent study from Cell press published in Science Daily, has found that some of these nanotubes can cause mesothelioma in mice.  This is significant because mesothelioma is a very rare cancer that is currently believed to be caused virtually exclusively by exposure to deadly asbestos fibers. This could be a major public health crisis because while asbestos is being used and less, the nanotechnology industry is exploding.

Boston MesotheliomaWhile the popular science fiction movies of the 1990s commonly depicted nanotechnology as involving tiny robots that perform all sorts of functions at a microscopic level, real science is nowhere near that level sophistication.  Current nanotechnology involves the use of materials that are so small they are measured using a nanoscale, and we are talking about microscopic materials. Continue reading →

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The Boston Globe recently examined a park that has evolved into a haven for biking – despite once serving as a munitions storage facility for the U.S. Navy in WWII. During the 1930s and 1940s, the site was heavily contaminated asbestos.  It has not been an easy transition from weapons depot to bike haven.

Boston Mesothelioma LawyersThe most affected portion of this park is situated in the middle of what is now part of the bike trials.  This area was known as the annex area by the Navy and was surrounded by a fence after the munitions depot closed. After it was sold to the state, it remained closed for safety reasons. Continue reading →

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In the past two decades, Boston, especially the once industrial waterfront area of the city, has seen remarkable changes.  The water quality has been improved dramatically, and the area is now filled with mixed-use residential and commercial properties and soon will be the home of General Electric Company’s corporate headquarters.

asbestosLike many companies, the headquarters building was once in New York City, and, based on new needs and tax incentives, the company moved its headquarters to Connecticut.  Now the company is planning to break ground on an impressive new complex in Boston.  However, according to a recent news article from the Boston Globe, the futuristic-looking structure that will include what looks like a giant sail can only be built after the existing structures are demolished. Continue reading →

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A recent case from the California Court of Appeal – First Appellate District, deals with what is known as a secondary exposure asbestos case. As the name implies, primary exposure to asbestos occurs when the victim works or lives in an environment where they are being directly exposed to asbestos from the source of contamination. If someone works on a ship, for example, and that ship has asbestos insulation, as most of them did, they would be victims of primary asbestos exposure, and this can obviously cause malignant mesothelioma.

asbestos bootsBecause it typically takes between 20 and 50 years for a person to become noticeably sick with malignant mesothelioma, we are typically seeing cases today where the initial exposure happened decades ago.   Studies have shown that most of these victims of primary exposure are men, because it was more common for men to be working in heavy industry at that time. Prior to that, women worked in industry during World War II, and there were many mesothelioma victims from this group of workers. Continue reading →

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In a recent opinion from the California Court of Appeals – Fifth Appellate District, a civil jury had awarded the plaintiff’s family (surviving spouse and children) approximately $5.8 in connection with this his death from malignant mesothelioma. Malignant mesothelioma is very rare form of cancer almost always associated with exposure to deadly asbestos fibers.  However, it should be noted that, while it is considered rare as compared to other types of cancers, thousands of people suffer and die each year in the United States alone from malignant mesothelioma.

asbestosIn this case, when making their finding of liability and assigning damages, the jury found that defendant was exposed to the deadly asbestos fibers from brakes.  However, the defendant appealed, arguing that the jury’s special verdict form indicated serious inconsistencies, the trial court erred when not giving certain proposed jury instructions, and the course erred also in allowing allegedly prejudicial evidence to be admitted. Continue reading →

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According to a recent news article from Canyon News, one neighborhood is facing a public health emergency due to the fact that residents in as many at 20 apartments are at risk for being exposed to deadly asbestos fibers.  While asbestos fibers can come from many sources, in this case, the danger is posed by the use of popcorn ceilings.

popcorn-1152298-300x225For those who are not familiar with popcorn ceilings, this was a design trend that was popularized in the 1950s and used through 1988 that involved an acoustic dampening foam before a coat of paint was applied to the ceiling.  The purpose of the popcorn ceiling was providing sound insulation so that people who lived in lived in a lower floor apartment would not be bothered by noise coming from the apartment on the floor above. Continue reading →

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Massachusetts and New England were once the home to many operating mills.  These are large factories and warehouse buildings that have not been used in many years.  As they now sit abandoned and in a growing state of disrepair, the question becomes what to do with them.asbestos

There has been a growing trend over the last couple of decades to re-purpose old buildings like these and use them for mixed-use residential and commercial space.  In the past, people would simply put minimal dividers up and use the spaces as large loft apartments and artist studios.   However, in recent years, development companies have been buying these properties and turning them into buildings that host large numbers of luxury apartments and also have a few commercial lease spaces on the ground floor for restaurants and other commercial properties. Continue reading →

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Boston and the surrounding towns in Massachusetts are filled with old buildings. Some of these are three-deckers, offices that have not been renovated in decades, and others are old industrial buildings, such as factories that are not in good enough shape to occupy without major renovations.

construction siteIf these old buildings were fully renovated, they would be beautiful and could be used for years to come as condos, offices, and even mixed use residential and commercial.  However, it is very costly to fully make these repairs, because the buildings were built at a time when asbestos was used in virtually every aspect of the construction process, and now it is in a crumbling state, and that is what is known in the asbestos industry as friable asbestos. Continue reading →

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In the United States and much of the world, asbestos was used very heavily in most aspects of construction. It was also used in a wide variety of consumer, commercial and industrial products.  The reason it was so prevalent was because it’s a cheap, naturally-occurring substance that has a remarkable ability to resist heat, fire, caustic chemicals and electricity.

xrayanalysisHowever, in addition to all of these helpful properties, it also causes cancer.  These days, most people are aware that exposure to asbestos causes malignant mesothelioma, but this was a closely guarded secret for much of the last century.  Those in asbestos industry were well aware of the dangers of asbestos, but since they also knew it would take between 20 and 50 years for people to get sick, they were willing to take that chance and pay later if necessary.  Continue reading →