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Yes, We Spread Asbestos Awareness with the Help of a Law Firm, and We’re Proud of It

At a dinner party the other night, I was asked about what I did for work. I replied, “I’m in asbestos awareness and advocacy.”

Blank stare.

“We’re trying to get the word out about the dangers of asbestos. Most people don’t realize how dangerous it is, and that it’s not a banned substance in the United States. We’re trying to change that.”

“What is asbestos anyway? Isn’t it an old chemical they used to make in the 1950s?”

This person, a well-educated woman in her 40s, is like the majority of people we here at Ban Asbestos Now meet. Folks who have a vague idea that asbestos is somehow “bad,” but really have no clue what it is (a naturally occurring mineral), how widespread its use was (and still is), and how inhaling it can lead to severely debilitating and fatal illnesses such as mesothelioma and lung cancer.

And even if they are aware of asbestos and its dangers, most do not realize that it is not currently a banned substance in the US, as it is in almost 60 other nations, including those of the European Union. And they are probably also not aware that despite diminished use here in the US, asbestos continues to kill more than 10,000 people a year in the US alone.

We want to change that. And we are, but we need help to do it.

Ban Asbestos Now researches and develops content to educate and inform about asbestos awareness, has been running a letter writing campaign that allows readers to send a letter to their Congressperson urging them to ban asbestos, and continually supports grassroots efforts that raise funds for mesothelioma research, such as the Miles for Meso 8k road race.

We could probably not do this if we were not backed by the American Law Partners.

You see, asbestos law firms have stepped in to fight for the victims of asbestos cancer when the U.S. government has been unable or unwilling to do so. As difficult as it is to believe, the government is beholden to corporate America. And the corporations that dealt in asbestos, and profited mightily from it, were some of the richest and most powerful in the world.

Civil justice law firms like American Law Partners are not beholden to corporations. They are only answerable to the individuals who hire them.  So when a pipefitter who has lost his lung capacity and possibly his life to the negligence of a company that makes billions in profits each year, who is going to help him fight?

Asbestos law firms are not the only organizations fighting for this cause. Asbestos advocacy groups such as ADAO and MARF are making significant contributions to the gain traction in Congress towards a definitive and lasting ban on asbestos, as well as educate the public on the dangers of asbestos and raise funding for mesothelioma treatments.

While some people might be predisposed to think that all law firms are greedy and selfish (an assumption that’s not true!) we believe that the only way to make real and lasting changes in the asbestos landscape is to have all voices join together and make a difference. The louder we are, the more they will listen.

Illinois Asbestos Rulings Being Reversed in State Appeal Courts?

Illinois may be changing the way it handles regarding the way asbestos and mesothelioma lawsuits are ruled upon by judges, as a series of verdict reversals signal more strict criteria may be on the horizon.

Noting what could be the beginning of a trend in Illinois, a recent Forbes article reported that a state appeals court had overturned a $2.5 million jury asbestos verdict against Honeywell and Pneumo Abex. The settlement had been awarded to a woman who claimed her mesothelioma had been caused by asbestos fibers that were tracked into her house by her husband, a worker at Union Rubber & Asbestos Co. in the 1950s.

However, because Union Rubber & Asbestos has long since gone out of business and could not be sued, Pneumo Abex and Honeywell were made to be the basis of a lawsuit instead because they were part of the same “trade group.” Much like Union Rubber, both Pneumo Abex and Honeywell made asbestos brake shoes at one point.

While no definitive link between the woman’s mesothelioma and either of the companies was established, state laws allowed for a judgment in the woman’s favor by finding both companies guilty of civil conspiracy. The ruling implied that both companies had allowed for asbestos use to continue – along with many other companies in the same trade group – by acting in “parallel conduct” with the specific one at fault, and therefore could be held accountable for the illness as a result.

However, the ruling turned out to be short-lived, as the appeals court threw out the case after deciding that the companies did not know in the 1950s that workers could carry asbestos fibers home on their clothes and therefore could not have committed a civil conspiracy.

Since that decision, other Illinois asbestos lawsuit rulings have been brought up for review that could potentially be reversed as well. Furthermore, any precedent set in Illinois could potentially have implications on mesothelioma lawsuits across the country that are brought by individuals who have been exposed to asbestos by companies who were indeed aware of the dangers they were posing.

Hopefully, whatever the implications, mesothelioma victims will still get the justice in court they deserve against asbestos companies that harmed them.

For those receiving Illinois mesothelioma treatment who have previously worked in a profession where you were regularly exposed to high amounts of asbestos, there may be reason to speak with a Illinois mesothelioma attorney regarding a possible lawsuit. Contact us for a free consultation to see if a Illinois mesothelioma law firm can help to get you a monetary asbestos settlement from a former employer who may be at fault for an asbestos-related illness.

Take Home Asbestos Theory Shot Down

Take Home Asbestos Theory Shot Down

(Courtesy Photo)

July 18, 2011

 

Recently, the Delaware Supreme Court has ruled that a case that involved DuPont with allegations of asbestos causing the disease of one woman was shot down. The court ruled that DuPont was not to be held responsible and held no “special relationship” to that of a former worker’s wife, and that it also had no legal obligation to give protection to the her as well as their home that the husband carried home from his employment carelessly.

 

Patricia Price, whose husband was employed for DuPont as a technician between the years of 1957 to 1991, stated to the court that she was seeking damages against DuPont due to her husband bring asbestos fibers to their home that ultimately have caused mesothelioma, which has resulted in bilateral pleural thickening and bilateral interstitial fibrosis of Price’s lungs. Price, who motioned to amend a former 2009 decision within the case, was denied in the overall attempt to seek the damages in stating that DuPont had lead to misfeasance.

 

The court of law has seen dozens upon dozens of cases similar to this through the past few years, all of which deal with asbestos and other drugs that ultimately fall upon the workers. The court rulings for such is that the employee operated and agreed to work within the conditions that were set forth by the company, and also received additional training and certification at the company’s expense to make sure that employees understood to what extent their actual responsibilities were in and outside of their job when handling the substance.

 

Some cases do turn out to be in favor of the prosecution.  There have been many successful asbestos law firm victories by plaintiffs alleging that they received life-threatening diseases as a result from the company.

 

With companies such as DuPont leading an example of what can easily erupt from employees simply doing their job, what else is there to do to ensure that employees and their families do not turn on the companies that help bring an income home to their families every month?

 

 

 

Mesothelioma Case in Tennessee Improperly Awarded No Settlement due to Incorrect Use of Doctrine

A Tennessee Supreme Court Ruling has found that a trial judgment was incorrect when it awarded no money to man who passed away form mesothelioma due to asbestos exposure that was caused by a former employer.

Hugh Todd Nye passed away in 2006 from mesothelioma that doctors – and the Tennessee jury of the asbestos lawsuit that followed – felt was likely caused by his years of work at a DuPont facility that used a number of products that contain.

However, during the trial the use of an intermediary doctrine designed to protect companies from being held liable for products they are not responsible for was also utilized. As a result, the court found that North Brothers – the company that sold the asbestos products in question – was subject to a strict liability suit regarding Nye’s diagnosis, not DuPont.

With discrepancy between the companies that were deemed liable for the diagnosis and responsible for payment regarding damages, Nye’s widow ended up receiving no monetary award for her husband’s death.

Following the case, the Tennessee Court of Appeals and Supreme Court stepped in. Both entities ruled that the intermediary doctrine had been improperly invoked and was “not applicable under the circumstances of [the] case.”

“It was proper for the jury to consider the actions of DuPont in determining whether DuPont was the cause in fact of Mr. Nye’s injuries,” read the court’s opinion, which was authored by Justice Sharon Lee. “However, it does not follow that it was also proper to instruct the jury that if DuPont was aware of any dangers in connection with the use of the products it purchased from North Brothers, North Brothers could not be held liable for failure to warn.”

For those receiving mesothelioma treatment who have previously worked in a profession where you were regularly exposed to high amounts of asbestos, there may be reason to speak with a Tennessee mesothelioma attorney regarding a possible lawsuit. Contact us for a free consultation to see if a Tennessee mesothelioma law firm can help to get you a monetary asbestos settlement from a former employer who may be at fault for an asbestos-related illness.

Asbestos Lawsuits and Lung Cancer Patients

Did you know that even if you smoked, your lung cancer may be due to something outside of your control?

If you ever worked with or around asbestos, then your lung cancer may have been caused or exacerbated by the exposure - even if you smoke or once smoked. And if your asbestos exposure can be linked to your lung cancer, you may be entitled to a significant financial settlement.

It’s been proven that many companies that manufactured asbestos products knew very early on that asbestos exposure was harming and killing their workers, but did nothing to warn or protect them from harm. “Failure to warn” now forms the basis of most asbestos litigation.

Asbestos lawsuits cost you nothing – asbestos attorneys only receive a fee if they win the case on your behalf, awarding you the compensation you need and deserve.

What to expect when you file a lung cancer lawsuit
The process of filing asbestos lawsuits is straightforward.

1.      After you contact us and the determination has been made that you might have a valid claim, your asbestos attorneys will work with you to gather the details of your case. The next step is filing a complaint and prosecuting your case.

2.      Most often cases are resolved prior to going to trial, but if such a settlement cannot be reached, your case will be moved into the trial phase. In a trial, both sides will have an opportunity to present their cases, and a jury will decide on the outcome.

3.      It’s important for victims to act quickly, because different states have different time limits on when claims may be filed.

This process is based on a contingency fee – meaning there is absolutely no cost to you at any point in the process.This allows anyone, without regard to income or social standing, the ability to get justice for their injuries.

What kind of settlement can you expect from a lung cancer lawsuit?

While every asbestos lung cancer lawsuit is different, settlements for asbestos lung cancer typically average about $100,000.

Illegal Asbestos Dumping Takes Place in New York Wetlands

(courtesy photo)

A New Jersey  company has been indicted along with a New York farm owner for their roles in illegally dumping nearly 30,000 tons of debris that contain dangerous asbestos products in wetlands during 2006.

The owners of Mazza & Sons, a Tinton Falls, NJ-based construction company, were named in indictment along with two others that allegedly conspired to illegally dump dangerous products that contain asbestos without properly notifying the Department of Environmental Conservation.

The  company and the farm went ahead with the alleged dumping from June – October 2006 in wetlands on a farm owned by Cross Nicastro, one of the other two people named in the indictment as well.

“As the indictment sets forth, there was no permit. In fact, they created a fraudulent permit and tried to make it seem like the DEC had authorized this as a disposal site when they had done no such thing. We allege in the indictment that it was a completely false and fraudulent permit,” Assistant US Attorney Craig Benedict told a local news network.

The wetlands used for the illegal dumping has since been covered and been scheduled for a cleanup.

For those who have been diagnosed with mesothelioma cancer that can be linked to asbestos exposure in New York caused by a product or company, you may be entitled to financial compensation. Contact an experienced New York mesothelioma attorney to learn more about your rights, and to see if pursuing a mesothelioma settlement is in your best interest.

History of Asbestos

 

(May 21, 2011)

History of Asbestos

(courtesy photo)

History experts have reported that asbestos
has been used to make many products for over 4,500 years and Greece is the location where the first known asbestos mine was established on the island of Ewoia. Its name means ‘inextinguishable’ and was labeled as such by the ancient Greeks, who also learned of its harmful and dangerous effects on the human body. The Roman naturalist, Pliny the Elder, and the Greek geographer, Strabo, both realized all the slaves who worked in the asbestos mines or wove it into cloth seemed to suffer from an illness of the lungs due to asbestos exposure. Because Strabo and Pliny were so mesmerized and intrigued by asbestos and believed it contained magical properties, all of the symptoms that had been observed were ignored.

Asbestos was used by the Greeks to make a wide variety of items, such as wicks for candles, napkins, clothing and funeral dressings used for the cremation of deceased kings. It has been discovered that building materials, textiles and women’s clothing were made with asbestos during the period of the Holy Roman Empire. Asbestos cloths were used by the Egyptians to wrap their dead and other ancient civilizations used it to make protective suits of armor for battle. During the Middle Ages, the usage of asbestos declined, but gradually began being used more again in the 1700s.

It was during the Industrial Revolution of the late 1800s that asbestos was made popular again by a number of manufacturers and, from that time until the middle of the 1980s, it has been used in well over 3,000 different products. It has been estimated that during the 20th century, over 30 million tons of asbestos have been used in homes, schools, industrial and commercial buildings in the United States alone. It was established that asbestos and asbestos containing products cause asbestos cancer, asbestosis and mesothelioma. An asbestos law firm should be contacted if you or a loved one has suffered from asbestos exposure. An experienced lawyer can answer any questions you may have regarding your eligibility for an asbestos settlement.

The Harmful Results of Asbestos Exposure

 

(May 21, 2011)

The Harmful Results of Asbestos Exposure

(courtesy photo)

Unfortunately, over ten-thousand workers from a wide variety of industries all across the United States have been victims of
asbestos exposure and now are at a high risk of developing
asbestosis, asbestos cancer,
or mesothelioma. It has been estimated that in the United States alone 100,000 people have died from asbestos exposure. Companies have been aware of the probability of asbestos causing cancer since the 1930s, but never informed the public of its hazards or dangers and, as a result, numerous workers died and never knew their condition was due to earlier asbestos exposure.

The most common way to suffer from asbestos exposure is from breathing in the minerals super thin fibers. The asbestos fibers that are inhaled become lodged in the lungs and, combined with prolonged exposure, can cause asbestos-related illness. Diagnosing a person with asbestos-related illnesses is very challenging even with today’s most modern, sophisticated medical devices available because the signs or symptoms may not be noticeable for 10 to 40 or more years.

Asbestos lung cancer, asbestosis and mesothelioma are the most common types of asbestos-related diseases affecting thousands and killing hundreds of people yearly. Asbestosis is a non-cancerous respiratory disease that is caused by asbestos fibers that have settled in the lungs which aggravate the lung tissue and causes scarring. Their capacity for oxygen diminishes over time from the scarring and may eventually cause cardiac failure. Approximately 3,000 people are diagnosed yearly with mesothelioma, a rare type of cancer that mainly develops in the thin membrane lining of the chest, lungs and abdomen. Asbestos lung cancer is the direct result from exposure to asbestos and develops in the lungs attacking the mucus lining of the trachea or bronchi and the air sacs. If you or a loved one has been diagnosed with any type of lung cancer caused from asbestos exposure, an asbestos attorney
should be contacted to see if you are entitled to an asbestos settlement.

What Is Mesothelioma?

(May 18, 2011)

What Is Mesothelioma?

(courtesy photo)

Mesothelioma was labeled a rare type of cancer known to develop in the protective lining covering the body’s many internal organs identified as the mesothelium. The most common area to be infected is the pleura (internal chest wall and the outer lining of the lungs). Mesothelioma has also been known to develop in the peritoneum (lining of the abdominal cavity), the tunica vaginitis (sac surrounding the testis) and the pericardium (sac surrounding the heart). Asbestos exposure is the most common cause of mesothelioma. No association has been made between smoking and mesothelioma; however, it has been proved that smoking will dramatically increase the risk of other related asbestos-induced cancers. Many individuals may not even know they have mesothelioma due to the fact that signs or symptoms may not appear for twenty to fifty years after being exposed to asbestos. In some mesothelioma cases, it took over fifty years for any signs or symptoms of mesothelioma to develop. Most people who have developed mesothelioma worked for a manufacturer or had an occupation where they inhaled glass particles, asbestos or were exposed to asbestos fibers and dust in other ways. Family or others living with an asbestos worker are also at a risk of exposure due to asbestos dust carried home on the hair and clothing of anybody working with asbestos or asbestos related products. Many industrial products are produced with asbestos and, since the early twentieth century, exposure to asbestos fibers has been recognized as an occupational health hazard. A mesothelioma cure is exceedingly rare and any person diagnosed with mesothelioma will usually receive a poor prognosis. The life expectancy of mesothelioma is typically limited, but there have been notable people who have survived this disease or lived past their given life expectancy. A large amount of mesothelioma lawsuits have been filed against manufacturers of asbestos and employers for neglecting to implement any safety measures or inform employees of the dangers of asbestos exposure. If you suspect that you or a loved one may be at risk of having mesothelioma, a mesothelioma lawyer should be contacted to see if you qualify for mesothelioma settlements.

Asbestos Questions Answered

 

(May 18, 2011)

Asbestos Questions Answered

(courtesy photo)

Asbestos
is known as a combination of separable, fibrous minerals with long and thin fibers that are not detectable by taste or odor and can cause cancer of the lungs. Asbestos does not evaporate or dissolve in water and is fire, heat and chemical resistant. Asbestos exposure can be caused from eating, drinking, or breathing the substance or by skin contact. Because asbestos is durable and versatile, manufacturers have mined it for uses in multiple building materials, heat-resistant and friction products. Asbestos exposure is likely to occur from disturbance or wearing down of automotive clutches and brakes, floor and ceiling tiles, insulation, dry wall, cement and roof shingles.

Asbestos exposure symptoms can differ due to individual experiences and the asbestos-related disease that has developed. Various types of asbestos-related conditions are known, but the two most common related to asbestos exposure are asbestosis and mesothelioma. Asbestosis symptoms most commonly include chronic cough, shortness of breath, difficulty breathing, chest pain and difficulty with physical exertion. People over the age of sixty-five generally develop malignant mesothelioma and this disease usually occurs in the chest cavity. The common symptoms of pleural mesothelioma are chest pain, shortness of breath, persistent cough, tightness in the chest, fatigue and weight loss. The most common way to determine if you have been exposed to asbestos is with a chest x-ray. The x-ray will not detect asbestos fibers, but will detect early signs of lung disease due to asbestos exposure. Smoking and fiber exposure can increase your chance of asbestos-related lung diseases.

Asbestos exposure is common from occupations or work environments where workers were or now may be exposed. A variety of trade occupations include, but are not limited to electricians, bricklayers, plumbers and carpenters, along with laborers, painters, drywall workers or anybody involved in aerospace and military settings. Individuals who have worked for companies that manufactured products containing asbestos are also at a high risk of having asbestosis, mesothelioma and asbestos cancer. They should consult with an asbestos law firm to discuss their options regarding asbestos settlements.