Articles Tagged with Boston mesothelioma

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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 →

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According to a recent news article in the Pantagraph, a jury in Indiana has just awarded $4.6 million to a 73-year-old man who developed malignant mesothelioma after being exposed to asbestos.  He was exposed to asbestos over 50 years ago while working for a portable elevator company owned and operated by defendant.

weldingIf you have ever seen a tall building under construction, you may have noticed that the contractors will erect an elevator on the outside of the unfinished building so workers can travel up and down the structure.  These elevators have also been featured in many action movies over the years.  It is not the general contractor, but rather a portable elevator company that sets up these elevators for use during the construction project and then removes the portable elevator when the job is complete.  These portable elevators have metal frames that workers must weld and properly fit with electrical wires as part of the set-up job. Continue reading →

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According to a recent article from the National Law Review, the state of Florida joined a group of states that are making it more difficult to prove causation in mesothelioma lawsuits. The first thing to discuss is what the term causation means in this context.

gavel7In any mesothelioma lawsuit, the primary claim is filed under a negligence theory.  This is true even though we may be dealing a specific claim such as a failure to warn of a known danger.  In any negligence case, there are four elements.  The first element is whether the defendant owed a duty of care to the plaintiff.  The second element is whether the defendant breached a duty of care, assuming one was owed.  The next element is known as causation and the fourth element is the amount of damages, if any, the defendant’s breach of a duty of due care caused the plaintiff. Continue reading →