Friday, October 21, 2016

Arizona Court Finds Company not Responsible for Mesothelioma Caused by Secondhand Asbestos Exposure

iabestosisotherasbestosdisease_27An Arizona Appeals Court ruled that parties are not liable for the harm their asbestos products cause to others in secondhand or “take-home” asbestos exposure. The case centered around a decedent whose surviving heirs claim the victim passed away due to secondhand exposure of asbestos brought home by the victim’s father. The mesothelioma victim’s father worked for Arizona-based Reynolds Metals Co. in Maricopa County during the 1950’s and was frequently exposed to asbestos fibers on work clothes, inside automobiles, and general surroundings.

Attorneys for the plaintiff argued that defendant owed a duty to refrain from creating dangerous or otherwise hazardous conditions on its property, which could cause harm to others off site. Courts in other states have found that plaintiffs were harmed because their parent worked in proximity to asbestos and the defendants owed them a duty not to place them at risk.

The plaintiff argued citing other state courts that property owners owe “a general duty to refrain from engaging in affirmative acts that a reasonable person should recognize as involving an unreasonable risk of causing an invasion of an interest of another, or acts which involve an unreasonable risk of harm to another.”

Unfortunately for the mesothelioma victim, the Arizona Court of Appeals interpreted the Arizona’s premises liability laws in such a way that it released the company from liability of injury caused by secondhand exposure to asbestos. The Court declined to follow other jurisdictions that have held landowners responsible for secondhand asbestos exposure. In doing so, the court wrote “A landowner owes invitees a duty to provide reasonably safe premises and reasonably safe means of ingress and egress” but that duty ends when persons are not on the property.

The Court further declined to hold the company responsible for secondhand asbestos exposure based on public policy. The Court went on to express concerns over the type of precedent a ruling in the plaintiff’s favor would create future litigation. Although this ruling is a setback for the plaintiff, the case, nevertheless, should not deter secondhand exposure or “take-home” asbestos exposure mesothelioma victims from pursuing a case.

Nationwide Mesothelioma Lawyers

Mesothelioma and asbestos exposure lawsuits are complex types of litigation requiring an experienced and dedicated nationwide mesothelioma lawyer to see through to the end. Mesothelioma victims can file asbestos exposure lawsuits to recover compensation for their medical bills, pain and suffering, lost income, and other damages.

Contact our office if you or a loved one developed mesothelioma. Our attorneys can help investigate your case and determine if any parties can be held liable for your injuries. Strict time deadlines apply when filing asbestos lawsuits so please contact us at your earliest convenience and preserve your legal rights.

Arizona Court Finds Company not Responsible for Mesothelioma Caused by Secondhand Asbestos Exposure

Monday, October 10, 2016

Plaintiffs File Lawsuit Against Asbestos Trust to Recover Compensation

img-2A group of plaintiffs recently filed a federal lawsuit against an asbestos litigation trust set up by their former employer to recover millions in unpaid claims they allege the administrators are squandering. In addition to this suit, the asbestos litigation trust set up to disperse compensation to victims also faces hundreds of other claims over allegations that workers at a Texas-based plant were exposed to asbestos for decades.

The case began in 2000 when the defendants, Tyler Pipe and Swan Transportation, lost a pair of multimillion dollar asbestos exposure lawsuits which ultimately bankrupted the companies. As is common with these types of cases, bankruptcy courts required the defendants to set up a trust fund for these and other victims exposed to dangerous industrial conditions while working at the plant.

Victims Still Waiting for Asbestos Exposure Compensation

The plaintiffs in this suit claim in the 16 years since the original lawsuit was litigated, the money appropriated for the trust has been misused and payments for the sick and dying withheld. Some plaintiffs expressed a desire to do good with their rightfully due compensation before they ultimately succumb to their asbestos-related medical conditions.

Unfortunately, another all too common practice with asbestos exposure lawsuits is defendants trying to skirt responsibility for their careless actions while innocent victims suffer the consequences for their honest, hard work. Mesothelioma and other asbestos exposure victims are strongly encouraged to speak to an experienced asbestos lawsuit attorney about their case to help ensure their claims are taken seriously.

What is the Difference Between an Asbestos Lawsuit and Bankruptcy Trust Claim?

Asbestos bankruptcy trust claims differ from traditional lawsuits in several key ways, though certain aspects of the discovery and evidence gathering process are similar. When a victim makes a claim to an asbestos trust, the administrators of the trust review the individual’s work and medical history as well as any other evidence presented.

These claims differ from formal lawsuits since there are no judges or courts to go through, including lengthy trials and appeals processes. Additionally, the claimant is usually responsible for gathering all of the necessary evidence to satisfy the requirements the trust needs to pay out legitimate claims.

The advantage to going through a claims process is usually time and energy on the part of the plaintiff and the attorney representing him or her. The main disadvantage is the amount of money paid for each claim: usually only 1 to 25% of the claims actual value ends up being paid by the end of the process.

Nationwide Mesothelioma Lawyers

If you or a loved one developed mesothelioma or another asbestos related condition, contact our office for a consultation about your case to find out what kind of legal options you may have. Our dedicated nationwide mesothelioma attorneys have years of experience litigating asbestos exposure lawsuits and bankruptcy trust claims to help victims get the compensation for their medical treatment, pain and suffering, and funeral expenses.

Plaintiffs File Lawsuit Against Asbestos Trust to Recover Compensation

Tuesday, October 4, 2016

Mesothelioma Awareness Day 2016

defaultSeptember 26 recently marked National Mesothelioma Awareness Day. The Mesothelioma Applied Research Foundation created the occasion to bring nationwide awareness of the issues facing mesothelioma patients and their families. Additionally, the event is a terrific way for mesothelioma cancer charities across the country to fundraise for important research that one day may find a cure for the disease.

National Mesothelioma Awareness day is recognized by the House of Representatives and the Senate as well as many state and local governments. Furthermore, events related to the day have raised over one million dollars to benefit various causes related to research and support for victims.

The day is extremely important for the 2,000 to 3,000 victims diagnosed every year with mesothelioma and their families. While the aggressive disease is relatively unknown by most people throughout the country, those who struggle with mesothelioma know all too well the toll it takes on ordinary folks.

How to Support National Mesothelioma Awareness Day

There are many ways we can get involved in raising awareness and supporting National Mesothelioma Awareness Day. With the advent of social media, we can all take some small steps that may eventually add up to big changes.

  • Support Mesothelioma Awareness Day on Social Media: Use your favorite social media accounts to share pictures and stories about how mesothelioma has impacted your life and the work you can do to help find a cure.

  • Donate to Mesothelioma Charities: There are a number of terrific charities out there we can donate our time or money to in order to raise the funds researchers need to find a cure for mesothelioma.

  • Wear Blue on September 26: Blue is the official color of National Mesothelioma Awareness Day. Supporters are encouraged to wear blue clothing or wristband from a charity to raise awareness about the struggle and hope survivors and their families go through.

Explaining Mesothelioma

While is is an extremely aggressive and ultimately fatal form of cancer, most people do not know the cause, symptoms, or even what mesothelioma is. It is important to let people know mesothelioma is causally linked to exposure of asbestos, a flaky industrial material often used in insulation and other products.

What people may also not know about mesothelioma is that takes decade for the disease to develop after asbestos exposure. Once it does, the symptoms manifest themselves in cancerous growths in the thin tissue lining surrounding the lungs and abdomen.

Furthermore, there is no cure for mesothelioma. That simple fact alone makes it all the more important for people to get out, share their stories, and get others on board with the mission to end this deadly cancer once and for all.

Nationwide Mesothelioma Lawyers

If you or a loved one were diagnosed with mesothelioma, contact our office to speak to an experienced nationwide mesothelioma lawyer. The Throneberry Law Group understands the hardships mesothelioma victims and their families face and will work hard to hold wrongdoers accountable and get folks the compensation they need to pay for medical treatment and live comfortable lives.

Mesothelioma Awareness Day 2016

Wednesday, September 28, 2016

What is an Asbestos Bankruptcy Trust Fund?

iabestosisotherasbestosdisease_27Asbestos has been used in industrial and commercial applications since the middle of the 19th Century up until around the 1970s. While it took many years, asbestos products manufacturers finally came to terms with the dangers their products posed to the public and ceased production, but not until many innocent people were hurt.

Fortunately, many victims were able to file mesothelioma cancer lawsuits against various asbestos companies for their debilitating medical conditions and the compensation they needed for medical treatment. However, it is not always necessary to file a formal lawsuit against an asbestos company to recover for damages. Instead, some companies created asbestos bankruptcy trust funds to dispense compensation.

Often times, companies reorganize through bankruptcy proceedings, which can also absolve them of liability for the harm their products have done. However, before courts allow companies to reorganize they sometimes require them to set aside large sums of money to pay out claims to victims, and the asbestos industry was no exception.

How do I File a Claim with an Asbestos Trust Fund?

Asbestos trusts are administered by third-parties and claims are not reviewed by the companies that set them up. Some aspects of filing a claim with an asbestos trust are similar to filing a formal lawsuit: Claimants must file paperwork and submit evidence to support their claim before a deciding body to receive their compensation.

While the relationship between asbestos exposure and developing mesothelioma has been known for many decades, there is no guarantee that submitting a claim will secure the compensation the claimant needs. Claimants will be expected to provide evidence supporting their claim, including:

  • Medical documentation: Physician’s diagnosis, pathology reports, medical tests, x-rays, and other tests

  • Employment records: Documentation showing the claimant worked with asbestos or was in an asbestos contaminated environment

  • Affidavits: Sworn statements from coworkers or relatives attesting to the fact the claimant worked with asbestos

Because asbestos takes decades to develop after exposure, many of the vital employment records can be difficult to produce. Fortunately, the nationwide mesothelioma attorneys of the Throneberry Law Group have years of experience helping asbestos exposure victims collect the necessary documents and file paperwork to get the compensation they need.

How Much is an Asbestos Bankruptcy Trust Claim Worth?

Asbestos bankruptcy trusts do not have unlimited funds and therefore do not usually pay out 100% of a claim’s value. Depending on the trust and payment schedule for the injury, claimants can usually expect to receive approximately 5 to 25% of their claim’s value.

The advantage to an asbestos trust claim is time. Since the trust is administered by a third party, there is no defendant to litigate against. Formal asbestos injury lawsuits can take years to litigate before victims receive the compensation they need.

National  Mesothelioma Lawsuit Attorneys

If you or a loved one developed mesothelioma, contact our office for a consultation about your case. The National mesothelioma lawsuit attorneys of the Throneberry Law Group know what it takes to get results for their clients and will work hard for you.


What is an Asbestos Bankruptcy Trust Fund?

Monday, September 19, 2016

Mesothelioma and 9/11

The events of September 11, 2001 shook our country to its very core and tested the resiliency of the nation as a whole. In addition to the 3,000 lives lost in the terrorist attacks which downed airplanes in Pennsylvania, Washington, D.C., and New York, many more passed away from the clean-up effort in downtown Manhattan because they were exposed to toxic particles in the debris.

What many people do not realize is that the World Trade Centers were built with 20 stories of asbestos which spread through the air as the Twin Towers came crashing down. To date, over 200 people were killed and half a million made sick by inhaling some of the 2,000 tons of asbestos that went airborne.

The amount of asbestos released in the collapse was enough to fill the equivalent of 182 school buses and made the air 112,000 times more contaminated with asbestos than the federal legal limit for buildings. Sources further estimate there has been an almost 20% increase in first responders who developed cancer as a result of the rescue and cleanup efforts.

Has the Asbestos from the World Trade Center Caused People to Develop Mesothelioma?

Asbestos is known to cause mesothelioma, a deadly and aggressive form of lung cancer which affects thin linings of tissue around the lungs and abdomen. There is currently no cure for mesothelioma, but proper treatment can ease symptoms and hopefully prolong the lifespan for those who develop the disease.

Mesothelioma often takes decades to develop, usually between 20 to 50 years. As we mark the 15th anniversary of the September 11 attacks, it becomes more and more likely thousands of individuals exposed to the Twin Towers’ asbestos during the rescue and cleanup effort could show signs of the disease.

Additionally, given just how toxic the air was around Ground Zero it is entirely possible that mesothelioma cases related to the attacks could develop more rapidly. Unfortunately, it seems the effects of that tragic day will continue to linger on for thousands of more Americans even after the cleanup and rebuilding of Ground Zero.

While there have only been a handful of mesothelioma cases allegedly linked to toxic dust at Ground Zero, experts estimate claims to spike very soon. Depending on whether or not these mesothelioma victims accepted compensation from the various funds set up to help survivors, it could impact any possible mesothelioma claims.

Nationwide Mesothelioma Attorneys

For many years, asbestos was used in construction and industrial applications which exposed hundreds of thousands of people to the deadly product. During that time, the manufacturers knew of the dangers asbestos posed to those who came in contact with it but did nothing to warn them.

Fortunately, victims and their families have legal recourse to hold these wrongdoers accountable for their actions by filing asbestos cancer lawsuits to recover compensation for their medical expenses, pain and suffering, and other damages. Contact a nationwide mesothelioma attorney of The Throneberry Law Group for a consultation about your case.

Mesothelioma and 9/11

Wednesday, September 14, 2016

What Products Contain Asbestos?

If you or a loved one developed mesothelioma, you will undoubtedly have numerous questions about the disease including how it was caused. Most folks understand it to be almost common knowledge that mesothelioma is caused by exposure to asbestos but what many may not realize is just how prevalent asbestos was in so many common and everyday products people were exposed to.

Furthermore, mesothelioma victims should understand just how many different companies or other parties may have had a hand in exposing them to the asbestos that led to their serious medical condition. Often times, many of these parties can be held responsible if they played a role in the victim developing mesothelioma or another serious asbestos-related health condition.

Types of Asbestos Products

For many decades, asbestos was popular in construction and industrial applications because of its resistance to heat and use as an insulation. Asbestos made for a cheap and durable additive in many everyday applications including pipe fitting, carpentry, shipbuilding, and automotive parts.

Unfortunately, the prevalence of asbestos in many work environments put thousands of men and women at risk for serious medical problems. Some of the most common types of asbestos products include things like:

  • Gaskets in pumps, compressors, pipes, engines, turbines, and automotive parts

  • Roofing, flooring, and siding in homes and other buildings

  • Cigarette filters

  • Electric panels for power supply boxes

  • Industrial insulations for roofs, walls, concrete, spackling, and pipes

  • Military applications, particularly in ship building and weapons systems

Consumer Products Built with Asbestos

Asbestos was not only heavily used in industrial settings but in consumer products, as well, such as kitchens or cooking appliances. Fortunately, asbestos has been banned in almost all consumer products but during the 20th Century ordinary people could have been exposed to asbestos by appliances such as:

  • Toasters

  • Ranges and ovens

  • Slow cookers

  • Broilers

  • Washers and dryers

Other household products that were built with asbestos for a time include oven mitts, ironing boards, electric blankets, portable heaters, and even children’s toys. Many decades ago, talcum-based beauty products contained asbestos and some victims have been awarded substantial compensation for the medical conditions they developed as a result of their exposure to those products.

Who Can I Hold Responsible for My Mesothelioma?

Makers of asbestos contaminated products have known for years about the dangers their products posed to consumers and workers yet did nothing to warn victims about the dangers to their health. Exactly who can be held responsible depends on the individual’s specific situation and where in their past the exposure might have occurred.

With the help of an experienced nationwide mesothelioma attorney, victims and their families can begin to answer some of these questions and put a case together to recover the compensation they deserve.

If you or a loved one were diagnosed with mesothelioma and need legal help, contact the nationwide mesothelioma lawyers of The Throneberry Law Group for a free consultation. Our attorneys will work hard to get you and your family the compensation you deserve.



What Products Contain Asbestos?

Thursday, September 8, 2016

Who is Responsible for My Mesothelioma?

Receiving a mesothelioma diagnosis or another asbestos-related medical condition can be devastating news for patients and their families. While mesothelioma is a rare type of lung cancer, it is well-known for being incurable and connected to exposure to asbestos.

Mesothelioma victims often look back on their careers and lifestyles to try and determine where the exposure came from and why the condition formed in the first place. Often times, asbestos exposure occurs because the victim worked in an environment contaminated by asbestos, handled products made with asbestos, and was not told about the dangers of coming in contact with the material.

Courts in the U.S. have handed down thousands of significant awards to mesothelioma victims and their families to compensate them for the harm suffered due to asbestos exposure. In asbestos mesothelioma lawsuits there may be several parties that can be held responsible for their roles in the victims suffering injuries.

Employer Responsibility for Mesothelioma

Depending on the state, companies that knew or should have known that their workers were being exposed to asbestos can be sued for not warning employees about the dangers they faced. Many decades ago, industrial workers often used equipment or went into work environments containing asbestos.

The Department of Labor’s Occupational Safety & Health Administration sets very strict standards for how much asbestos workers may be exposed to. Additionally, there are certain asbestos operations that employers must monitor under federal laws to ensure the employees are not placed in undue harm.

Asbestos Products Liability Lawsuits

Decades ago, asbestos was common in many industrial applications because it can withstand extreme temperatures. Asbestos was found in insulation aboard naval vessels, in brake parts, and used in carpentry and construction settings.

Juries have ruled time and time again for plaintiffs finding the asbestos product manufacturers knew for decades that their products were harmful but continued to put them in the stream of commerce and risk people’s health and safety. Depending on the nature of the exposure, numerous companies can potentially be held responsible for an individual developing mesothelioma.

I was Exposed to Asbestos Decades Ago, Can I Still File a Claim?

Courts across the country have ruled the statute of limitations to file a mesothelioma asbestos lawsuit begins when the victim discovers his or her diagnosis, not when the exposure occurred. The time deadlines to file a lawsuit vary from state to state but do not begin until the person actually finds out he or she has mesothelioma or another asbestos-related disease.

Mesothelioma takes decades to develop after exposure to asbestos and victims might not make the connection between their medical condition and the work they did in their younger years. It is also an aggressive disease so diagnosis and treatment should begin as early as possible.

Nationwide Mesothelioma Lawyers

If you or a loved one were diagnosed with mesothelioma and need legal help, contact the nationwide mesothelioma lawyers of The Throneberry Law Group for a free consultation. Our attorneys will work hard to get you and your family the compensation you deserve.


Who is Responsible for My Mesothelioma?