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Mesothelioma Lawsuit News

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.

Use of Asbestos Wood Chips in Libby Disturbs Montana Senator Baucus

In light of recent reports that there are bark and wood chip products that are contaminated with asbestos, yet being sold in Libby, Montana as well as many other areas, state Senator Max Baucus is stepping in to look for some answers.

The Associated Press recently reported that the Environmental Protection Agency has known for at least three years that wood chips that were contaminated with asbestos fibers had been used in yards, city parks, schools, and other public places throughout Libby. Despite the agency’s being aware that dangerous asbestos fibers were being placed throughout the city, they did not step in to stop its usage until the AP launched an investigation on the matter.

In a press release posted on his website Wednesday, Baucus pledged his continued support to help the town of Libby, which has been plagued by asbestos issues caused by a now-defunct W.R. Grace vermiculite mining site for decades now.

“We’ve made tremendous strides in the effort to help Libby heal with health care and environmental cleanup. But trust is essential to Libby’s ability to heal psychologically and economically,” Baucus said. “Now it appears EPA’s actions may have put that trust in jeopardy, so you can bet I’ll be holding EPA’s feet to the fire to find out exactly what they knew, when they knew it, and whether action is needed to ensure the safety of folks in Libby and across the country who were exposed to this bark.”

Baucus added that Libby’s residents had been “poisoned in the name of greed” and that he would work to pass along any safety information to the town residents and “move forward and create jobs with faith in the agencies and processes that are supposed to protect them.”

The town of Libby has become the synonymous with the increased risk of developing mesothelioma that asbestos exposure can pose. 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.

Wall Covering Prevents Asbestos Exposure

Because the use of asbestos is still not banned in the United States, there is always a risk that the building you are in may still contain some products that contain the deadly fiber in its walls. However, a British company has developed a new device that could be used in American buildings to reduce the risk of asbestos exposure until the fiber’s use is one day banned.

Datatecnics, a Birmingham, England-based company, has developed a special type of wall covering that is designed to detect small asbestos particles and prevent them from getting through to an area where people are located. The ADAAS (Asbestos Disturbance Automated Alert System) polymer film is also designed to trigger an alarm if it is breached in any way.

 The company touts the ASAAS film as a way to eliminate older forms of asbestos testing and monitoring while also being more cost effective. The film can either be painted or papered over asbestos products.

“Asbestos is in a lot of public buildings. The Government estimates that 70 percent of UK schools contain it and the guidance from the Health and Safety Executive is to manage most of it, not remove it,” Mohammad Zulfiquar, Datatecnics’ CEO, recently told Electronics Weekly.

While the company is still looking for investors before any widespread launch of the product, its mere existence could be a sign of good things to come in regard to the prevention of asbestos exposure in the years to come.

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.

Wall Covering Prevents Asbestos Exposure

Because the use of asbestos is still not banned in the United States, there is always a risk that the building you are in may still contain some products that contain the deadly fiber in its walls. However, a British company has developed a new device that could be used in American buildings to reduce the risk of asbestos exposure until the fiber’s use is one day banned.

Datatecnics, a Birmingham, England-based company, has developed a special type of wall covering that is designed to detect small asbestos particles and prevent them from getting through to an area where people are located. The ADAAS (Asbestos Disturbance Automated Alert System) polymer film is also designed to trigger an alarm if it is breached in any way.

 The company touts the ASAAS film as a way to eliminate older forms of asbestos testing and monitoring while also being more cost effective. The film can either be painted or papered over asbestos products.

“Asbestos is in a lot of public buildings. The Government estimates that 70 percent of UK schools contain it and the guidance from the Health and Safety Executive is to manage most of it, not remove it,” Mohammad Zulfiquar, Datatecnics’ CEO, recently told Electronics Weekly.

While the company is still looking for investors before any widespread launch of the product, its mere existence could be a sign of good things to come in regard to the prevention of asbestos exposure in the years to come.

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.

Thetford Asbestos Mine in Canada May Close

Amid a labor dispute and continued debate regarding the asbestos industry as a whole, the only fully operational asbestos mine in Canada is sending out reports saying it may soon be closing its doors.

The Quebec-based LAB Chrysotile announced on Tuesday that it may soon shut down operations at its Thetford Mines in the city of Asbestos if a labor conflict with the workers’ union is not resolved.

 “We’ve given ourselves 16 weeks to deal with our problems,” Mine President Simon Dupere told The Canadian Press in a telephone interview.

Despite the issues the mine is dealing with, Dupere added that he was still “very confident” that there was a market for chrysotile asbestos.

Because the Jeffrey Mine, which is also located in Asbestos, is only functional for part of the year, the Thetford Mine is considered Canada’s only fully-operational asbestos mine. It currently employs 350 people, according to Canadian Business.

In addition to its labor issues, the Thetford Mine is also dealing with a great deal of scrutiny as the Canadian asbestos industry continues to draw a great deal of negative attention from around the world. The closing of the Thetford Mine would likely only increase the calls for Canada to do away with its asbestos mining industry.

If you or a loved one has been exposed to asbestos by using certain products or working for certain companies and have subsequently been diagnosed with mesothelioma, there may be legal options worth pursuing to obtain a mesothelioma settlement.

Contact a mesothelioma attorney if you have any questions about the details ofasbestos law and what is needed to pursue a settlement from the manufacturer of the asbestos product.

Artist May Have Been Exposed to Asbestos by Sanding Paint

It’s no secret nowadays that those who have spent their lives working in shipyards or factories run an increased risk of eventually developing an illness such as asbestosis or mesothelioma.

However, a recent story out of Scotland regarding a profession that is far less commonly associated with asbestos illnesses may be the cause of one man’s mesothelioma death.

 According to the Daily Record, 79-year-old Scottish artist James Howie passed away earlier this month after having been diagnosed with both mesothelioma and a pulmonary embolism. When looking for what caused Howie to inhale the dangerous asbestos fibers that usually cause mesothelioma, his wife Joyce told the paper that she suspected that sanding methods he used on paint for his pieces may have been what released the fibers into the air.

“He used to do layer upon layer of paint, always scraping, sanding, cutting it back to paint over it again and again in order to create a certain effect,” she said. “He would keep repeating this process until it resulted in the thing he was looking for.”

She added that, at the time of the article’s publishing, there had still not been final results from her husband’s autopsy to either confirm or deny her suspicions.

Whether or not James Howie’s sanding methods ultimately led to the asbestos exposure that caused his mesothelioma diagnosis, his case is nonetheless another example that a mesothelioma diagnosis can happen to anyone, not just factory workers.

If you or a loved one have an asbestos related disease such as mesothelioma, speak with one of our mesothelioma attorneys today and learn more about any legal actions you may be able to pursue.

Twenty-One-Year-Old Battling Peritoneal Mesothelioma

While asbestos-related illnesses such as mesothelioma usually take so long to manifest themselves that most of victims are in the later stages of their life at the time of diagnosis, there are sometimes exceptions.

Sadly, Kevin Morrison, a 21-year-old resident of Norwood, MA, is one of those exceptions. Morrison is currently battling mesothelioma.

 Morrison, the captain of Norwood High School’s football and hockey teams when he graduated in 2008, was diagnosed with peritoneal mesothelioma in February. He has since begun treatments at the Dana-Farber Cancer Institute, and has more recently gotten involved in alternative treatments that doctors’ hope will be more effective.

Morrison’s story seems to unfortunately mirror that of Austin Lacy. Lacy was an 18-year-old who passed away from mesothelioma complications in June. He had recently graduated from Pasadena High School in California. Like Morrison, Lacy was a star of his school’s football team and had doctors confused as to how he developed the rare asbestos-related cancer so quickly.

In Morrison’s case, fundraisers have already been set up to aid his family as they try to pay off the mounting medical bills for the treatments. We at MesoRC wish Kevin and the Morrison family the best of luck.

If you or a loved one are currently undergoing treatment for mesothelioma and are having trouble paying the bills associated with the medical care, it may be worth speaking to an asbestos attorney about potentially pursuing a mesothelioma lawsuit that could result in a monetary settlement. If you would like your asbestos law questions answered, please contact American Law Partners today for a free legal consultation with amesothelioma attorney.

Mesothelioma Claims on the Rise, says Insurer

New data from the largest life insurance company in the country suggests that mesothelioma claims have actually increased in the first half of 2011 compared to last year.

This data may come as a disappointment to some hoping for a decline in mesothelioma cases. However, it also could be seen as a sign that asbestos lawsuits from mesothelioma victims are becoming more effective and aggressive so people who have been hurt by asbestos can get the money they deserve.

 According to Reuters, MetlLfe Inc. reported this week that it had received 2,306 asbestos-related claims during the first half of 2011. That figure is an 11 percent increase over the 2,076 claims the insurer had received on the same type of claims mid-way through 2010.

MetLife joins American International Group Inc. and Hartford Financial Services as another insurance company that is seeing an uptick in mesothelioma claims. Reuters added that A.M. Best, a ratings agency, has said that there could be up to $75 billion in asbestos claims this year alone.

If you are receiving mesothelioma treatment and previously worked in a profession where you were regularly exposed to high amounts of asbestos, there may be reason to speak with a mesothelioma attorney regarding a possible lawsuit.

Contact us for a free consultation to see if a mesothelioma law firm can help to get you a monetary asbestos settlement from a former employer who may be at fault for your asbestos-related illness.

Illinois Courts Reversing Asbestos Lawsuit Rulings?

Illinois may be in the midst of change regarding the way asbestos and mesothelioma lawsuits are ruled upon by judges, as a recent verdict reversal may signal that more strict criteria is on the horizon.

Noting what could be the beginning of a trend in Illinois, a recent Forbes articleexamined a state appeals court ruling that overturned a $2.5 million jury 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 the basis of the lawsuit because they were part of the same “trade group.” Much like Union Rubber, both Pneumo Abex and Honeywell had made asbestos brake shoes.

While a definitive link between the woman’s mesothelioma and either of the companies could not be found, 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 company at fault, and therefore could be held accountable for the illness as a result.

However, that ruling turned out to be short-lived. The state appeals court recently 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 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 were exposed to asbestos by companies that were aware of the danger. Hopefully, whatever the implications, mesothelioma victims will still get the justice in court they deserve against asbestos companies that harmed them.

If you or a loved one has been exposed to asbestos by using certain products or working for certain companies and have subsequently been diagnosed with mesothelioma, there may be legal options worth pursuing to obtain a mesothelioma settlement. Contact a mesothelioma attorney if you have any questions about the details of asbestos law and what is needed to pursue a settlement from the manufacturer of the asbestos product.

Study Finds Mesothelioma May Be Caused Partly Due to Genetics

A new study financed by a section of the National Institutes of Health has made the first potential connection to an individual’s genetics and susceptibility to eventually developing deadly asbestos illnesses such as mesothelioma.

The study, which was recently published online in Nature Genetics, found evidence that people with BAP1 gene mutations may have an increased chance of developing multiple cancer types such as mesothelioma, breast, ovarian, pancreatic and renal cancers. The study highlighted two U.S. families with members who have the BAP1 gene mutation. Both families also have “a high incidence of mesothelioma.”

 ”This discovery is a first step in understanding the role of the BAP1 gene and its potential utility when screening for mutations in those at high risk,” said Dr. Michele Carbone, study co-leader and director of the University of Hawaii Cancer Center. “Identifying people at greatest risk for developing mesothelioma, especially those exposed to dangerous levels of asbestos and erionite worldwide, is a task made easier by virtue of this discovery.”

Dr. Joseph R. Testa, another study co-leader and the Carol and Kenneth E. Weg chairman in Human Genetics at Fox Chase Cancer Center, said the study was the first to “demonstrate that individual genetic makeup can greatly influence susceptibility to mesothelioma.”

While only a first step, the discoveries noted in this study could one day lead to fundamental progress in mesothelioma care. Thanks to Drs. Carbone and Testa and their crew for the hard work. We hope this is just the beginning of bigger breakthroughs to come.

Living with the day-to-day hardships of mesothelioma – whether it is you or a loved one who has been diagnosed with the illness – is both emotionally and financially taxing. If you feel that a company or former employer may be responsible for the asbestos exposure that led to an illness, contact a mesothelioma attorney to learn about filing amesothelioma lawsuit.