Mesothelioma Lawyers

Archive for November, 2009

Asbestos is a naturally occurring mineral that has became very popular during the industrial revolution among builders and manufacturers for it’s flame-retardant and insulating properties. Asbestos industry officials have known about the health risks of working with asbestos since the 1930’s, but it wasn’t brought to the public’s attention until much later. Asbestos has been implemented in many industrial products including roofing, breaks, gaskets, cement, flooring, and insulation. There are four types of asbestos that have been used in recent history but White asbestos, or Chrysotile, accounts for most of the asbestos used in American buildings. Working with asbestos has been proven to be the main risk factor for developing mesothelioma. In almost every recorded case of mesothelioma exposure to asbestos has been reported. In addition to mesothelioma, cancers or the lungs, kidneys, and larynx have been reported from exposure to asbestos. Many people do not develop health problems caused by asbestos for up to 50 years after exposure. Because of this, many people were unknowingly exposed to this cancerous agent. Appropriately, Asbestos litigation is the longest running and most expensive civil wrong in the history of the United States. Since workers have been exposed to asbestos for so long, and the symptoms can take decades to manifest, there is not yet and end in sight to the litigation. The U.S. Government alone has spent billions of dollars already on asbestos litigation and it is estimated that it will continue to spend hundreds of billions more until all is said and done. While a monetary pay out does not right the wrongs committed against asbestos workers, it can help to ease the burden of medical expenses and the inability to earn income anymore.

Bookmark It

San Francisco, CA—An appellate court in California has upheld a verdict of $20 million which was previously awarded to a mesothelioma patient and her husband.

Joan Mahoney, who was a singer by trade but who also helped her husband with a family-based home-remodeling business, contracted mesothelioma after years of exposure to asbestos-containing joint compound. Mahoney and her husband built and remodeled houses for nearly 30 years.

After being diagnosed with the asbestos cancer in 2006—a diagnosis which left her unable to care for her paralyzed husband—Mrs. Mahoney brought suit against Georgia Pacific, Bondex, Kaiser Gypsum, Durabond and CertainTeed. The court ruled in favor of Mahoney, and named Georgia Pacific responsible for 30% of the damages, but the trial court later reduced the amount of damages to approximately $6.2 million.

The joint compound used by the Mahoneys contained toxic asbestos, which Mrs. Mahoney inhaled over the years of remodeling work. The asbestos fibers, which are sharp and needle-like, have the ability to penetrate into the lungs and the mesothelium—a membrane which surrounds and protects the lungs—causing scarring and abnormal cell division. Mesothelioma, the resultant cancer, is particularly resistant to treatment and is currently considered incurable. Some of the symptoms of mesothelioma include chest or rib pain, wheezing, breathing difficulties, and cough. Chemotherapy and radiation can be administered to help slow the spread of the disease and make the patient more comfortable, but also have such adverse side effects that many patients opt not to undergo these treatments.

Over 2,000 people are diagnosed with mesothelioma each year in the United States, and there are a number of lawsuits pending against the companies and manufacturers which allowed asbestos to be used on work sites without informing their employees or consumers of the dangers of the material.

The appeals court in the Mahoney case recently ruled that the plaintiff shall receive the full $20 million in damages which was initially awarded, and says that the fully verdict is “amply supported” by testimony and evidence presented against the defendant companies at trial.

Bookmark It

Sydney, Australia—Australian Prime Minister Kevin Rudd recently announced the opening of a foundation which will pay tribute to mesothelioma sufferer and social justice campaigner Bernie Banton.

The Bernie Banton Foundation will not only help patients who have been diagnosed with an asbestos-related disease such as mesothelioma and asbestosis, but will also help fund research into the treatment and cure of those diseases.

Banton was the public face of asbestos diseases, including mesothelioma, until his death in November 2007. He is also remembered for battling corporate giant James Hardie in order to secure compensation both for his own family and for all asbestos victims. An average workingman who contracted mesothelioma, asbestosis and asbestos-related lung cancer after being exposed to asbestos while working in a Hardie plant, Banton was only 61 when he died from complications of peritoneal mesothelioma.

One of the rarest forms of mesothelioma, peritoneal mesothelioma is a cancer which affects the membranous lining of the stomach and abdominal cavity. Caused by inhalation or ingestion of asbestos fibers, it has no known cure and is difficult to treat, owing in part to the fact that it is often not diagnosed until its latest stages. Sufferers from mesothelioma endure great pain, and generally do not live more than two years after diagnosis.

One of the foundation’s initiatives is a program called “Bernie’s Angels.” The angels will be both volunteer and professional aides who will assist newly diagnosed asbestos-disease sufferers in their home or in the hospital, and provide emotional support, information and practical advice. Banton’s widow, Karen, will be one of the first angels.

The Bernie Banton Foundation estimates that some 40,000 Australians will have contracted a cancer due to asbestos, like mesothelioma, by the year 2020. Even though asbestos use is now heavily regulated—although not entirely outlawed, as many people mistakenly believe—the reason for this delay is the disease’s long latency period. Mesothelioma may develop within the body for up to 50 years before becoming symptomatic.

Bookmark It