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Asbestos Trust Funds Scrutinized by Republicans in Congress

Asbestos

Asbestos

Imagine a hammock that more and more people keep piling into without anybody getting out. The weight would quickly become too burdensome to bear and, sagging with a tangle of limbs and torsos, the rope would break. That’s what companies whose livelihoods were once asbestosdependent are like. With billions paid in asbestos settlements each year, the financial strain of numerous personal injury lawsuits from employees exposed to asbestos is too much for any corporation to hold.

What’s best for both the injured employees seeking compensation as well as the companies themselves is for the hammock to hold, or at least have a safety net in place. That’s why more and more of those companies have filed for Chapter 11 bankruptcies to reorganize their assets and debts as well as put aside money for injured asbestos workers into what are known as asbestos bankruptcy trusts. More and more of these have been established as more and more companies have filed Chapter 11’s over the past two decades.

The only problem with asbestos bankruptcy trusts is that the asbestos workers who are ill from asbestos exposure — whether with asbestosis,mesothelioma, or some other type of asbestos-related cancer — don’t receive what they need and deserve, which is the full value of their settlements. The system was created to make asbestos claims easier to file, often requiring no more than a diagnosis and a form to fill out. Yet, the amount of money that actually makes it to the injured worker is typically less than one third the amount of the settlement, according to a study by the RAND Corporation.

Now, there are around 50 different asbestos bankruptcy trusts paying out billions in asbestos claims each year. However, there are still many solvent companies liable for asbestos exposure injuries. Mesothelioma lawsuits are being filed against these solvent companies as regularly as the spinning of a well-oiled wheel. The companies have lawyers scrambling for ways to limit their liability and avoid taking responsibility for the widespread tragedy of asbestos-related cancer and other illness. To that end, defense lawyers want access to detailed records from asbestos bankruptcy trusts, allowing them to see who is paid how much for what specific illness.

Lately, Republicans in congress are looking at the issue, deciding whether to make changes to these asbestos bankruptcy trusts. As reported by the National Law Journal, asbestos lawyers andmesothelioma attorneys argue that the corporate defense lawyers want this reform only to expose the spokes of that well-oiled wheel so that they can throw in sticks.

There is no telling how soon or in what way Republicans in Congress will act on this issue. Meanwhile, if you have mesothelioma or another asbestos-caused illness, you may have a claim against an existing or future asbestos bankruptcy trust. If you were exposed to multiple asbestos products that were manufactured by different bankrupt companies, you may actually qualify for compensation under several trusts.

New Study Reveals Increased Cancer Risk for 9/11 First Responders

As the 10th anniversary of the 9/11 tragedy approaches, a newly published study offers hints of a possible link between exposure to chemicals released after New York’s World Trade Center collapsed and the development of cancer in firefighters who toiled at ground zero.

The New York Times reports that the study, released in the British medical journal The Lancet, reveals that 9/11 firefighters are 19 percent more likely to develop cancer than those who were not at the Trade Center wreckage.

 Although the study’s leader, Dr. David J. Prezant, asserts its findings are far from conclusive, he acknowledges that they indicate an “increased likelihood for the development of any type of cancer.”

Included in the toxic substances found at the site of the New York 9/11 attacks are asbestos and jet fuel, both of which can cause diseases such as mesothelioma that may take up to 50 years to develop. Given the relatively short amount of time that this study is considering, the findings are but a beginning interpretation of the actual effects.

After the Twin Towers collapsed, an area of several square miles was covered by a cloud of fine powder. As reported in a study released by the Virginia firm HP Environmental in the weeks after the terrorist attacks, the powder creating this toxic cloud contained large quantities of asbestos. In fact, the asbestos particles were so pulverized in the explosion that the majority of them were smaller than what could be detected by the EPA’s standard testing method. After adjusting the test to check smaller fiber concentrations, the study concluded that there was an “overwhelming concentration” of the ultrafine asbestos particles.

“Responders were exposed to a whole soup of carcinogens,” says Dr. Philip J. Landrigan of the 9/11 first responders, who included firefighters, police, and other emergency personnel. Dr. Landrigan is the director of environmental and occupational medicine at Mount Sinai School of Medicine in Manhattan and a leading expert on asbestos toxicity. He is also the principal investigator of a related report published inThe Lancet on the health effects of the attacks on recovery and rescue workers.

“The smaller the [asbestos] particle, the more easily it can be aerosolized. And the easier job that it has penetrating right down into the very depths of the lungs,“ Dr. Landrigan told the Times. He adds that the new findings are but a signal of the results likley  to come in the years ahead.

However, Dr. James Melius, administrator of the New York State Laborers’ Health and Safety Trust Fund and one of the peer reviewers of the firefighter study, warns that it ”would probably not be enough to persuade federal officials to include cancer as one of the diseases covered under the Zadroga Act.”

The James Zadroga 9/11 Health and Compensation Act of 2010 (H.R. 847), called the Zadroga Act, was called into law by President Obama in 2010 and it states that those who have 9/11 related health conditions may be eligible for health care under this law.

If you believe you were exposed to asbestos at ground zero and have been diagnosed with mesothelioma, you may be entitled to financial compensation. To learn more about your legal options regarding a possible mesothelioma settlement, please contact an asbestos lawyer.

The Unfolding Asbestos Trust Fund Drama – Act Two

If you read the last article we posted about asbestos trust funds, you’ll remember the clever hammock analogy used to describe what they are. If you didn’t read it, you can do so here.

Now, the Government Accountability Office (GOA) – a sort of congressional watchdog group that keeps an eye on government spending of taxpayer dollars – has published a report that reveals the somewhat secretive system of asbestos trust fund payouts.

 The report looked at 52 asbestos trust funds that have paid out over 3,000,000 claims for a total of about $17.5 billion. The investigation was prompted by the fact that these asbestos trust funds don’t publish details about their activities, yet do make general information available. Attorneys representing asbestos companies or defendants — in asbestos lawsuits filed by mesothelioma victims – raised a stink about the secrecy of the details and implored congress to get involved. The investigation proceeded to determine if, in fact, these asbestos trust funds were keeping details secret.

The investigation revealed only “one trust’s financial report contained claimant names and amounts paid to these individuals.”

The defendants in asbestos lawsuits have been the critics of asbestos trust fund secrecy. They allege that asbestos lawyers and mesothelioma law firms oversee the operation of these asbestos trust funds to prevent them from revealing how much their clients have been paid. This, they further allege, allows some asbestos attorneys to file claims with multiple trusts that could contradict each other.

The GAO report stated that 98% of asbestos trust fund claims go through what is called an expedited review process, which requires a claim form and some documentation that asbestos exposure happened. Perhaps the lawyers representing the asbestos companies want mesothelioma victims to have to go through much more than that to get the compensation they deserve?

According to the report, 65 percent of asbestos trust funds treat claims information as confidential and privileged. Defendants and insurers want the details to be available to them so they can reduce the value of the claims awarded to mesothelioma victims in court.

If you or someone you know has been diagnosed with mesothelioma and suspect it’s due to asbestos exposure, contact a mesothelioma attorney at American Law Partners for a free consultation. Also, write to your local congressman about keeping the details of asbestos trust fund settlements confidential and out of the hands of the asbestos companies.

History of Asbestos

 

(May 21, 2011)

History of Asbestos

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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

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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?

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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

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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.

Questions Raised About Asbestos Exposure to Third Parties

 

(May 13, 2011)

Questions Raised About Asbestos Exposure to Third Parties

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Questions are being raised about lawsuits in regards to “third party” asbestos exposure as more people are coming forward saying that they are being diagnosed with asbestosis and mesothelioma due to direct contact with someone who worked with or around asbestos. However, one of the main challenges by these plaintiffs is the difficulty in providing evidence they were even exposed to “take home” asbestos or if they even resided with the employee.

Millions of dollars are being awarded to plaintiffs in asbestos settlement due to damages sustained by employees who worked in the manufacturing of asbestos or were exposed to its products. Controversy has surfaced regarding whether spouses or a member of a household who may have indirectly suffered asbestos exposure should be entitled to any monies and if so, how much. The question of whether manufacturers or contractors who used asbestos-based products should be held responsible for what is now being coined “take home” asbestos exposure has found its way into many court rooms. Numerous courts have recently addressed this issue and the majority shows a general consensus that it is not the duty of an employer or premise owner to award damages to a third party. However, if a third party lawsuit was considered, could such an exposure be foreseeable in future cases?
A recent case by the wife of an Exxon Mobil employee was brought to the Fourteenth District Texas Court of Appeals with claims that Exxon Mobil Corporation was indirectly responsible for exposing her to asbestos while she was attending to her husband’s work clothes. One of the questions raised was what if this said exposure occurred when the harmful effects of asbestos exposure had not been identified yet? Could this have been “foreseeable” and what is defined as foreseeable? According to some, the definition of foreseeable is to “exercise reasonable care against foreseeable harm to others”. So with that in mind, a court has to determine if there was medical or scientific literature available at the time and, if so, could intended parties have informed themselves on what is being researched and written. So, needless to say, we shall see what the future of “third party exposure” lawsuits will hold.
If you have any questions in regards to asbestos exposure and what laws your state may have, contact an asbestos attorney. They will be able to answer any questions about asbestos laws within your state.

$322 Million is Single Largest Plaintiff’s Asbestos Verdict in U.S History

(May 10, 2011)

$322 Million is Single Largest Plaintiff’s Asbestos Verdict in U.S History

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A verdict in favor of a Mississippi man was awarded $322 million in an asbestosis case against the defendants, Chevron Phillips Chemical Company and Union Carbide Corporation. Testimony given by the plaintiff to the Mississippi Circuit Court for Smith County jury stated that the plaintiff developed the disease after being exposed to asbestos during the use of drilling mud additives.
The Raleigh, Mississippi man claimed that his exposure to asbestos occurred during his employment with the defendants from 1979 to 1985. He states that while under their employment, he worked with drilling mud consisting of additives that used asbestos as fillers and claims that he did not receive any type of warning in regards to the dangers of asbestos exposure. Judge Eddie Bowen, who presided over the trial, agreed with the jury in regards to an allocation of 50 percent liability per defendant as well as a settlement in the amount of $322 million after a two-and-a half week trial. The jury broke down its award into $22 million for actual damages and $300 million for punitive damages. Chevron Phillips Chemical Company and Union Carbide Corporation argued that during the years in question by the plaintiff, there were no other feasible alternatives available, since their products were not defective and that they were in compliance with OSHA standards.
If you or a loved one has worked in any of the following places that are common for asbestos exposure, such as construction, demolition and renovation industries, companies that mined, manufactured or used asbestos based products, you or a loved one may have been exposed. While asbestosis is a serious lung disease, another illness that can develop into an aggressive cancer is mesothelioma. Mesothelioma is a rare form of cancer that primarily affects the lining of the lungs. In less common cases, the heart and abdomen can also be affected. Approximately 2,000 to 3,000 cases of mesothelioma are diagnosed each year in the United States, comprising around 3 percent of all cancer diagnoses. So, if you think that you or a loved one has been exposed to asbestos, contact an asbestos law firm who can help you determine if you have a case.

Wisconsin Mesothelioma Lawyers

 

Wisconsin Mesothelioma Lawyer

Wisconsin Mesothelioma Lawyers (May 18, 2011) – American Law Partners has years of experience litigating mesothelioma cases, including many that involve Wisconsin citizens. The benefit of using a national mesothelioma law firm, such as American Law Partners, is an increased ability to reach out of a particular state in order to maximize your settlement, whereas local firms may be limited in their ability to make connections to other lawyers or companies located outside the state.

If you or a loved one has been diagnosed with mesothelioma, utilizing help from a Wisconsin mesothelioma attorney is the quickest and easiest way to pursue a monetary settlement against a company or product that led to your asbestos exposure. It is difficult to properly document your own work and medical history, sign all of the necessary paperwork, and file a mesothelioma claim with the proper authorities without the help of an experienced attorney. A mesothelioma lawyer can make sure that all information is gathered and filed appropriately so you can receive the compensation you may deserve.

 

Wisconsin Mesothelioma Settlements

Instances of asbestos exposure have occurred throughout Wisconsin due in part to the use of asbestos in many power plants, paper mills, and pulp mills that rank among the top 10 employers in the state.

Mesothelioma Treatment Centers in Wisconsin

People from Wisconsin diagnosed with an asbestos cancer such as mesothelioma have access to a number of cancer centers within the state. Among the more notable centers is the University of Wisconsin – Paul P. Carbone Comprehensive Cancer Center in Madison.

Mesothelioma Cases in Wisconsin

American Law Partners has handled mesothelioma cases in Wisconsin’s major cities such as Milwaukee, Eau Claire, Oshkosh, Madison, La Crosse, and Racine. Regardless of where you live in Wisconsin – Alma, Oak Creek, Mosinee, or other cities and towns – American Law Partners may be able to help if you’ve been diagnosed with some form of asbestos-related cancer.