phoneCall Now for a Free Case Evaluation - 800-611-7080

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.

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?

 

 

 

Is a Mesothelioma Clinical Trial Right for You?

While mesothelioma is not a curable disease, there are many options that patients can take to effectively treat their illness so they can live as comfortable a life as possible. In addition to many established forms of treatment that one can undergo, some patients may want to pursue more experimental treatments in the form of clinical trials.

Clinical trials are used to test and develop new therapies and procedures to treat, screen, prevent, and/or cure a disease. Trials occur before a therapy or treatment has been fully approved for standard use within a field as a way to determine whether or not it is safe and effective.

There are three stages to clinical trials, with each stage representing a different phase of the study:

  • Phase I determines the safety of the drug and maximally tolerated doses.
  • Phase II is then used to determine the efficacy of the drug based on the dosage found in Phase I.
  • Phase III is then used to compare the new treatment with other treatments already in use within the medical community. Phase III studies usually involve a very large number of patients from all across the country. Some Phase III clinical trials consist of a standard treatment rather than a new experimental treatment being studied. Placebo medications are rarely given in cancer trials.

In order for a patient to be selected for a clinical trial, their condition must meet very specific criteria that are chosen based on the needs of the study being done. For clinical trials regarding mesothelioma, patients must often be in a certain age range and have a specific type of mesothelioma that is in a certain stage. You will need to meet all requirements in order to become a participant.

The effectiveness of any type of clinical trial may vary from person to person, and may sometimes not help at all. This is because the purpose of these trials is to evaluate the safety and efficacy of an unproven mesothelioma treatment, procedure or drug. If one drug has a proven safety record, it is often tested against another proven drug to determine if one is better than the other.

With this in mind, it should be noted that no clinical study has any guarantee of long-term benefits, and can sometimes cause negative side effects that have not yet been documented. Trials may also not always be a covered benefit of your healthcare insurance. Be sure to look into all the financial aspects and consider the risks before deciding on participation in any study.

With that in mind, the positive potential benefits of a clinical study can sometimes outweigh the negative ones. Patients in some clinical studies receive medication, procedures or treatments that are not yet available to all patients but are thought to have the potential of a positive outcome. This can be especially beneficial to those with higher stage cancers and limited medical options.

Clinical trials are often performed at leading healthcare facilities, which can be an additional benefit. These facilities tend to be on top of the most beneficial treatments and have top doctors knowledgeable in the latest research. There are also many other great resources out there that can assist you in gathering information and helping in the decision making process, including your doctor and many online resources that list all current available clinical trials and the eligibility criteria.

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

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.

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.

Asbestos Lung Cancer Law Firms

There are many cases of mesothelioma

(courtesy photo)

If you have been diagnosed with lung cancer and have been exposed to asbestos you might be eligible for a financial settlement.

If you have any doubts about hiring an asbestos law firm to help you, read on – you owe it to yourself.

Asbestos law firms have been fighting for the rights of asbestos victims for decades. When government agencies and other institutions have been unable or unwilling to punish negligent companies, asbestos law firms have led the charge.

Once established that the asbestos companies knew that their product could cause asbestos lung cancer, mesothelioma and other illnesses in the 1970s, skilled asbestos law firms had little difficulty convincing juries to award large punitive asbestos settlements, thereby ending the quiet payouts and opening the door to larger and more just asbestos settlements.

A lung cancer lawyer is working on your behalf

Your lung cancer lawyer is answerable to you, not to a big company. Once you initiate your lung cancer lawsuit, your attorney will work on your behalf to get justice and compensation for your illness. Lung cancer lawyers are paid on a contingency fee – meaning that they only receive payment when you do. There is no up-front cost to you.

Doctors Oppose Lung Removal Procedures for Mesothelioma Patients

Doctors at the 1st International Symposium on Lung-Sparing Therapies for Malignant Pleural Mesothelioma in Santa Monica, California have unanimously decided against using radical lung removal procedures to treat patients who are suffering from malignant pleural mesothelioma.

Experts and physicians at the symposium analyzed data gathered from both cancer centers around the U.S. and a U.K.-based Mesothelioma and Radical Surgery trial. Additionally, those at the symposium heard presentations from experts who addressed the potential complications caused by extrapleural pneumonectomies, or the removal of the lung.

By the end of the day-long symposium, Dr. Robert B. Cameron, who is the chairman of the event in addition to being the director of the UCLA Mesothelioma Research Program, said that the attendants were “unanimous” in agreement that lung removal techniques were not the best way to treat malignant pleural mesothelioma.

“The information presented at this Symposium makes an incredibly strong statement that surgical removal of the lung for treatment of malignant pleural mesothelioma should no longer be performed anywhere in the world, just like it has been abandoned already in the U.K.,” he said.

Dr. Cameron added that lung-sparing pleurectomies were the “preferred surgical procedure” to perform on mesothelioma patients if that course of action is chosen. This method has already become a common method of treatment in the UK.

If you or a loved one are undergoing mesothelioma treatment and wish to take action against the entities that may be at fault, there may be California mesothelioma lawyers who can help you file a mesothelioma lawsuit.  If you would like your California asbestos law questions answered, please contact American Law Partners for a free legal consultation to see if you qualify for a California mesothelioma attorney to begin the process of pursuing a settlement.