Thursday, December 29, 2016

Can I File a Mesothelioma Cancer Lawsuit on Behalf of My Deceased Family Member?

 


Mesothelioma Attorneys working hard for asbestos victims.


Mesothelioma is an aggressive form of cancer, usually affecting the lungs and abdomen, caused by exposure to asbestos, a flaky white insulation material once common in industrial applications as well as consumer products. One of the worst aspects of the condition is the long passage of time between exposure and the onset of symptoms that victims may recognize as a serious medical condition.


Often times, asbestos exposure victims are not diagnosed until they are older and the disease is at an advanced stage, giving patients fewer treatment options to improve their health and wellbeing. Due to the passage of time and the complex nature of litigating an asbestos mesothelioma cancer lawsuit, many plaintiffs ultimately succumb to their condition before their claim is resolved.


Situations like these leave surviving family members worried about whether they will receive the compensation necessary to make up for the loss of service provided by their deceased loved one. Fortunately, the law does allow surviving family members to continue lawsuits on behalf of their family members and hold wrongdoers accountable for their careless actions.


Depending on the state where plaintiffs file their claims and when the suits are filed, decedents may have different options to either bring their own claims or continue those brought by the original plaintiffs. These are known as wrongful death claims and survival actions and each has its own set of laws.


Elements of Wrongful Death Claims


Wrongful death claims are lawsuits brought by the representative of a deceased individual’s estate, usually the next closest living family member, like a spouse or child. Each state has its own set of laws for determining who gets appointed as the estate’s representative and how.


While each state has its own laws governing the types of damages that can be sought in a wrongful death lawsuit filed by family members, they generally include the loss of services the deceased once provided. These services can include domestic chores, income support (depending if the plaintiff is a spouse and/or minor children), and emotional guidance.


Damages in Survival Actions


Even after death, mesothelioma cancer victims have legal rights that extend to their estates and relatives can file claims on their behalf for harm suffered. This can include lost income and/or conscious pain and suffering, depending on the circumstances of the case.


In mesothelioma cancer lawsuits, the weeks and months of pain and suffering preceding the victim’s passing can add up to substantial damages. Additionally, plaintiffs may ask courts to award punitive damages to deter similar negligence if the defendant’s conduct was especially egregious.


Nationwide Mesothelioma Lawyers


If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.


 



Can I File a Mesothelioma Cancer Lawsuit on Behalf of My Deceased Family Member?

Monday, December 26, 2016

Nivolumab Shows Promise at Treating Pleural Mesothelioma

What is MesotheliomaMesothelioma is an aggressive, deadly cancer caused by inhaling asbestos fibers that leaves victims with few treatment options the further the disease progresses from the lungs and abdomen. While doctors can use aggressive treatments like surgery if the disease is caught in its early stages, mesothelioma will eventually metastasize into delicate areas of the body unsuitable for surgical removal.


However, doctors and researchers around the world have committed themselves to finding better treatment options for late-stage cancer patients to help extend patient life expectancy and improve quality of life. Recently, cancer researchers meeting in Amsterdam for the annual World Lung Cancer Conference submitted a report of a promising new immunotherapy drug, nivolumab (also known as Opdivo).


According to a statement released by the International Association for the Study of Lung Cancer, the drug showed tremendous promise in treating patients battling malignant pleural mesothelioma. Pleural mesothelioma is a form of the disease affecting a thin lining of tissue around the lungs, one of the most common types of the deadly cancer victims can experience.


Nivolumab works by blocking PD-1, a cell surface protein which can get in the way of cancer-fighting white blood cells trying to attack tumors. Patients in the study had previously been treated with platinum-based chemotherapy, a cancer treatment used in almost 50% of chemotherapy patients.


Cancer Growth Stopped in Half of Patients in Nivolumab Study


The Netherlands Cancer Institute in Amsterdam conducted the study on 33 patients over the course of 12 weeks, during which time no patients succumbed to their disease. Nivolumab was able to control cancer growth in approximately 50% of the participants while another 12 patients saw their condition stabilized and 17 other patients experienced progression of the disease.


While eight patients were forced to end their treatment due to some of the toxic side effects of taking the drug, the important outcome of the study is that doctors observed a correlation between reduction in PD-1 cells and patient health. As promising as this study is, this type of treatment is considered to be one of the last resorts to treating the disease and more than likely will only aid in keeping patients more comfortable in the disease’s last stages.


Mesothelioma patients should never give up hope in the fight against the cancer, as advancements are always being made and studies for new treatments frequently arise to test new drugs. A combination of continuous treatment, a strong support network, and a positive attitude can make a huge difference to health and wellbeing of mesothelioma patients as they battle this deadly form of lung cancer.


Nationwide Mesothelioma Lawyers


If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.



Nivolumab Shows Promise at Treating Pleural Mesothelioma

Saturday, December 17, 2016

How Much is My Mesothelioma Cancer Lawsuit Worth?

iaboutmesothelioma_26A mesothelioma cancer diagnosis can be devastating news and seemingly come out of nowhere to turn our world upside down. Because mesothelioma takes decades to manifest itself, victims often receive their diagnosis during retirement, but many become affected during their prime income earning years, as well.


Whatever the case, mesothelioma rears its head at the worst time and seriously affects the economic and health outlook for victims and their families. Lost wages, medical treatment, and the grind of fighting the disease all eventually take their toll on victims, leaving them wondering how they will cope with it all.


Fortunately, the law gives these affected parties legal recourse to hold wrongdoers accountable for their negligent actions and file mesothelioma cancer lawsuits to recover for economic damages and pain and suffering. Depending on the circumstances of the case, surviving family members may also pursue claims for loss of emotional, economic, and domestic support should their loved one pass on before the case is resolved.


Recovering Lost Wages in an Asbestos Lawsuit


If you are working when you get a mesothelioma diagnosis, the disease can seriously affect your ability to earn a living and provide for your family. Under our nation’s tort laws, victims who lose income or cannot work due to someone else’s careless actions can file claims to recover for their losses.


When calculating lost wages, victims will need to produce pay stubs, tax returns, and other income-related documents to prove their lost wages while undergoing treatment or ceasing work altogether. In the later scenario, economists may be needed to calculate the life expectancy had the victim not succumbed to mesothelioma and multiply those years by the victim’s income to get a lump sum.


Paying for Medical Treatment


Even decent quality health insurance cannot fully cover the extensive costs of fighting and aggressive form of cancer like mesothelioma. Medical bills are another form of economic damages victims can recover for under the law.


Plaintiffs can recover not only their past and current medical bills but also receive compensation for the future medical care needed to treat the disease and live a more comfortable life. An experienced attorney will consult with medical experts to help establish the plaintiffs necessary future medical care.


Determining Pain and Suffering in a Mesothelioma Lawsuit


Calculating damages for the physical pain and suffering as well as the mental anguish of enduring the disease is extremely subjective and can be a major point of contention during litigation. While some settlements and jury awards are multimillion dollar resolutions, others may be worth less as each case is as unique as the jury hearing it.


Having an experienced attorney on your side can make a world of difference when it comes to maximizing the compensation you and your family may be owed. Contact our office to speak to one of our qualified nationwide mesothelioma cancer attorneys about your case and find out what your claim may be worth.



How Much is My Mesothelioma Cancer Lawsuit Worth?

Sunday, November 27, 2016

Lung Cancer Awareness Month

lung cancer awareness month in November


As we observe Lung Cancer Awareness Month, it is important to understand the various causes of lung cancers and work hard to promote awareness about how and why these types of diseases occur, how to avoid them, and what our treatment options are. Fortunately, support communities across the country are coming together for just this very purpose.


Asbestos exposure can increase your risk for lung cancer.  While not exclusive to the lungs, mesothelioma tumors often affect a thin lining around these organs, known as the mesothelial tissue. When affecting the lining around the lungs, this type of cancer is known as pleural mesothelioma and occurs in about two-thirds of mesothelioma patients.


Lowering Your Risk for Lung Cancer


Various factors can lead to an increased risk of lung cancer and many are avoidable. That being said, all mesothelioma cancer cases occurred due to asbestos exposure many years ago but that should not discourage us from making a difference for the future.


  • Cigarette smoke: Whether first or second hand, exposure to cigarette smoke is the leading cause of lung cancer and has even been known to contribute to mesothelioma

  • Radon: The second leading cause of lung cancer, radon a naturally occurring gas from rocks and dirt and can commonly be found in basements

  • Silica: Like asbestos, silica is an industrial hazard known to cause lung cancer. Silica is a mineral found in rocks, sand, and other minerals

  • Genetics: Sometimes, an individual’s own genetics make developing lung cancer more likely than any other environment factor. If your family has a history of lung cancer, getting tested early and often can help in the event of a diagnosis

What Can I Do to Help Raise Awareness About Lung Cancer


Social media is one of the most powerful tools we have today to get our message out and raise awareness about this important cause. Survivors, families, and activists are encouraged to share photos and videos of their stories on social media sites.


Additionally, there are any number of Lung Cancer Awareness events individuals can volunteer their time or money to help promote a great cause that truly touches the lives of thousands of people. Furthermore, advocates can take their message to the streets by distributing educational materials to the general public.


Fighting lung cancer is a difficult one but it is not something patients have to go through alone as long as there is a community of supporters behind them. Sometimes, having a support base can mean all the difference in the word for lung cancer patients as they go through treatment and recovery.


Nationwide Mesothelioma Lawyers


Often times insurance is not enough to cover the staggering costs of medical treatments to fight mesothelioma and asbestos related lung cancers caused by exposure to toxic asbestos. Fortunately, the law gives victims the right to file mesothelioma cancer and asbestos related lung cancer lawsuits against asbestos companies to recover for their medical bills, lost wages, and others damages.


If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma lawyers about your case.


 



Lung Cancer Awareness Month

Wednesday, November 23, 2016

Is Asbestos the Only Cause of Mesothelioma?

iabestosisotherasbestosdisease_27If you or a loved one were diagnosed with mesothelioma, you undoubtedly have serious questions about the disease, its causes, and possible medical treatments to help live a longer, happier life. Often times, one of the most pressing questions for mesothelioma victims is, “How did I get mesothelioma?” or “Where did my mesothelioma come from?”


While cancer diagnoses are best made by trained, experienced oncologists and pathologists, the causal link between exposure to asbestos and developing mesothelioma has been known for many decades. Mesothelioma is often referred to the signature disease of asbestos exposure. In other words, mesothelioma is a rare form of cancer and when a diagnosis is made, asbestos exposure is investigated as the cause.


Asbestos is a mineral once popular in many industrial and commercial products, particularly as an insulation due to its heat-resistant properties. Applications of the dangerous mineral included auto parts, flooring, siding, and military settings, which created the possibility that millions of Americans could have been exposed.


Other factors in developing mesothelioma include age and gender. By its very nature, mesothelioma takes decades to develop in people so older people are inherently at higher risk of the disease. Additionally, men are at higher risk of developing mesothelioma since most of the workers exposed to asbestos in industrial settings were male.


Mesothelioma Treatments


If you or a loved one developed mesothelioma, there are important medical treatments to help fight the disease and improve quality of life. Many mesothelioma victims were hard working people and therefore deserve the best treatments and medicine available to live comfortably.


Unfortunately, insurance and other medical assistance programs do not always cover the full costs of these services, leaving patients and families struggling to find a way to pay for them. The good news is that the law gives mesothelioma victims recourse to hold wrongdoers who caused their condition responsible.


Nationwide Mesothelioma Lawyer


If you or a loved one were diagnosed with mesothelioma, you could be entitled to substantial compensation for your medical bills, lost wages, pain and suffering, and other damages. Depending on the circumstances of your case, you may be able to file claims with asbestos trusts set up to compensate victims or file mesothelioma lawsuits against negligent parties.


To speak to an experienced Arizona mesothelioma lawyer, contact our office. The Throneberry Law Group understands the difficulties victims go through in their times of need and work hard to help ensure that they are fairly compensated and find justice. Strict time deadlines often apply to filing these claims so please preserve your legal rights and contact us at your earliest convenience.



Is Asbestos the Only Cause of Mesothelioma?

Thursday, November 17, 2016

Class Action Asbestos Case Ends with $80 Million Settlement

img-2The two sides in a class action asbestos exposure lawsuit recently agreed to an $80 million settlement just days before the trial was scheduled to commence. The settlement sets a record for the largest medical monitoring fund ever created in the state of Missouri and could provide services to up to 7,500 individuals who may have been exposed to asbestos.


The case stems from renovations on the Jackson County Courthouse between 1983 and 1985 when potentially thousands of individuals were exposed to asbestos during the project. One of the lead plaintiffs, a Jackson County Courthouse worker, claims the floor she worked on was almost completely covered in asbestos by workers who tracked the deadly mineral around when the failed to follow any sort of safety protocols.


While the defendant U.S. Engineering claims no one was harmed by the renovations almost 30 years ago, at least one death has been linked to asbestos exposure at the site. In 2011, the family of an administrative worker at the courthouse recovered $10.4 million in a settlement with the county and U.S. Engineering after the victim passed away from mesothelioma.


Although regulators claim testing shows the air inside the courthouse to be safe, the settlement none the less will provide thousands of people medical testing to monitor their health. Any individual who can prove he or she was in the building for 80 hours during the renovations will receive annual medical checkups, while those who were in the building for 80 hours from 1986 to 2007 will receive free screenings once every five years.


What is Asbestos?


Commercial asbestos is a white, flaky mineral once commonly used in the construction and manufacturing industry for its malleability and heat resistance. It was often used as an industrial insulation in the homes and workplaces of potentially millions of people.


However, the problem with asbestos is that the material is linked to several serious health conditions, including mesothelioma. Mesothelioma is a deadly form of cancer affecting thin tissue linings, most commonly around the lungs and abdomen.


Often times, decades pass between exposure to asbestos and an individual developing mesothelioma. While there are many different medical treatments for mesothelioma, there is no cure for the disease and patients can expect to battle the cancer for the remainder of their lives.


Nationwide Mesothelioma Lawyer


Asbestos companies knew for decades about the link between the mineral and developing serious health conditions, particularly mesothelioma, yet did nothing to warn potential victims about the risks. Although nothing can take back the harm caused by asbestos exposure, the law does give victims legal remedies to hold negligent parties accountable for their careless actions.


If you or a loved one were diagnosed with mesothelioma, contact our office to speak to an experienced mesothelioma lawyer. The Throneberry Law Group can investigate your case and get you and your family the compensation you need for medical treatment and hold wrongdoers accountable for their reckless behavior.



Class Action Asbestos Case Ends with $80 Million Settlement

Wednesday, November 9, 2016

Jury Awards Talc User $18 Million for Mesothelioma Diagnosis

iabestosisotherasbestosdisease_27A Los Angeles jury recently made headlines after awarding $18 million to a plaintiff claiming asbestos-laced talcum powder was to blame for his mesothelioma. The 68-year-old former Los Angeles political figure claims he developed mesothelioma from coming in contact with talcum powder at his father’s barbershop where he would visit and spent time working as a child, stemming all the way back to the 1940s.


The defendant, Whittaker Clark & Daniels, was just one of many parties the plaintiff intended to hold responsible for his health issues. The plaintiff claims he was exposed to asbestos-laced talc in common hygiene products like Old Spice, Clubman, Kings Men, and Mennen Shave Talc.


The 12-person jury ultimately found Whittaker Clark & Daniels 30% at fault for the plaintiff’s mesothelioma.  The verdict is also significant because the jury awarded the victim $3 million more than named in the suit and could have been much more had the trial proceeded to the punitive damages award stage.


Punitive damages are a rare type of award given to punish defendants for behavior a jury finds especially willful and wanton (intentional). In this case, the Los Angeles Superior Court jury determined the defendant acted with malice by producing a harmful products, marketing them as “asbestos free” without conducting any type of testing to verify the claim.


The defendant ultimately chose to settle the case, agreeing to the jury’s award and settling for an undisclosed amount of punitive damages. According to reports, some members of the jury were prepared to award as much as $20 to $25 million in additional compensation to punish the defendant.


The jury also found other defendants partially at fault for their role in the defendant’s terminal cancer. Those included Clubman Talc maker American International Industries: 10% at fault, Colgate-Palmolive as successor to Men Shave Talc: 10% at fault, Cyprus Amax Minerals: 40% at fault, and Old Spice talc maker Shutlon: 10% at fault.


What is Talc?


Talc is the key ingredient in talcum powder, a common mineral used in a variety of cosmetic and hygiene products renowned for its softness and ability to absorb many times its own mass in moisture. Often times, talc is mined from areas that contain asbestos as well.


While talc companies have long manufactured their products without deadly asbestos fibers, many victims have come forward in recent years claiming household products containing asbestos-laced talcum powder caused them to develop serious health conditions. Recently, a St. Louis jury awarded a female plaintiff $70 million for the ovarian cancer she claims was caused by talc in Johnson & Johnson baby powder.


Nationwide Mesothelioma Lawyers


If you or a loved one were diagnosed with mesothelioma, contact our office to speak to an experienced Nationwide mesothelioma lawyer about your case. The Throneberry Law Group can investigate your case and get you and your family the compensation you need for medical treatment and hold wrongdoers accountable for their reckless behavior.



Jury Awards Talc User $18 Million for Mesothelioma Diagnosis

Wednesday, November 2, 2016

Asbestos Exposure May Lead to Arthritis and Other Autoimmune Diseases

img-2While the disease is rare, many are familiar with mesothelioma and its causal relationship to exposure to asbestos, a once common additive to many industrial and commercial products during the mid-20th century. However, many do not realize that mesothelioma is not the only debilitating condition associated with exposure to toxic asbestos.


According to research analyzed by reporters, the case study of one small Montana town highlights just how high the risks of asbestos exposure can be, even if it does not result in developing mesothelioma. The study analyzed the health of the 7,300 residents of Libby, Montana in the years following the closure of a nearby vermiculite mine.


The mine operated for decades until its closure in 1990. The vermiculite mined contained asbestos and the Environmental Protection Agency (EPA) declared it a an Environmental Protection Agency Superfund site in 2002. It became one of the largest environmental cleanups in U.S. history.


Asbestos is a fibrous mineral once widely used for its heat-resistant properties. Use of the mineral goes back thousands of years but gained extreme popularity in the 19th and 20th centuries with the advent of the Industrial Revolution.


Thousands Diagnosed with Asbestos-Related Illnesses


Over 2,000 inhabitants were diagnosed with asbestos-related conditions and some 400 have passed away in the last decade. The mine was operated by W.R. Grace & Co. which mined the vermiculite for use infor instillation and various industrial applications


The survey, performed by researchers at Montana State University, found a higher than expected number of individuals suffered from rheumatoid arthritis, an autoimmune disease which causes painful swelling, bone erosion and joint deformity. Additionally, the survey recorded higher than expected rates of lupus and scleroderma.


Lupus, like rheumatoid arthritis, is an autoimmune disease that attacks the tissue and often causes a rash and in serious cases may attack the kidneys, blood cells, heart, and lungs. While symptoms may vary from case to case, the most common signs are chest pain when taking a deep breath, joint pain, oral ulcers, fatigue, and fever with no other cause.


Scleroderma was perhaps the most troubling diagnoses made by scientists studying the effects of asbestos on the local townspeople. Scleroderma is an extremely rare skin condition affecting only 200,000 people worldwide every year. The disease causes a hardening of the skin and internal organs.


Nationwide Mesothelioma Attorneys


If you or a loved one developed mesothelioma or another cancer, it could be because of toxic exposure to asbestos. For decades, asbestos companies knew about the toxic effects of asbestos but did nothing to warn victims about the potential risk of exposure.


To discuss your legal options, contact our office to speak to an experienced nationwide mesothelioma attorney about your case. By filing an asbestos mesothelioma lawsuit, you may be able to recover the compensation for medical expenses you and your family need to cope with the difficult circumstances you face.



Asbestos Exposure May Lead to Arthritis and Other Autoimmune Diseases

Wednesday, October 26, 2016

Do Not Let the Statute of Limitations Run out on Your Asbestos Lawsuit

statuteoflimitationshourglass_81Asbestos-related conditions like mesothelioma do not usually manifest themselves right away. Most of the time, it can take years before the signs and symptoms of serious illnesses alert asbestos exposure victims to the harm they have suffered. With such a long passage of time between asbestos exposure and developing mesothelioma, victims may be unsure of the legal timeframes they have to file claims and seek compensation.


One recent case highlights exactly why victims and their families need to take immediate action when someone they love is diagnosed with mesothelioma or another serious asbestos-related condition. While times can be trying after a mesothelioma diagnosis, victims are strongly advised to contact an experienced, nationwide mesothelioma lawyer about their case as soon as possible.


The victim in this case was an 84-year-old Washington man who worked at a paper pulp factory for many years after his discharge from the Navy. The victim passed away in 2010 due to complications from the mesothelioma he developed from asbestos exposure while at the pulp and paper mill.


Court Split on Statute of Limitations for Asbestos Lawsuits


His daughter eventually filed a wrongful death lawsuit against defendants she claimed were responsible for her father’s fatal medical condition. However, the Washington Supreme Court recently ruled since the three-year statute of limitations had already passed on personal injury lawsuits, she could not recover for the loss of her father.


According to the court’s 5-4 decision, such a claim would have to begin as a personal injury lawsuit, which could be amended to a wrongful death lawsuit should the victim pass away during the court of litigation. The dissenting judges were stunned by the majority’s decision, calling it “topsy turvy” logic that a wrongful death claim would need to be filed before the victim’s passing.


Before his passing, the victim filed suit against several companies he claims were responsible for his asbestos-related conditions. Those lawsuits resulted in settlements, awards, and some dismissals where he eventually collected around $1.5 million in compensation for his injuries.


While the victim’s personal awards may have helped pay for his medical treatment, they could do little to compensate his family for the tragic loss of his life. Although money cannot bring back the ones we love, the law none the less prescribes it as the legal remedy plaintiffs have to hold wrongdoers accountable for their careless actions.


Nationwide Mesothelioma Lawyers


If you or a loved one developed mesothelioma or another asbestos-related condition it is important to act quickly to ensure your claim is filed within the required time frames. By speaking to a lawyer right away, you can help preserve your legal rights and begin the process to recover the compensation you deserve.


Contact our office for a free legal consultation about your case. The experienced nationwide mesothelioma attorneys of the Throneberry Law Group are fully prepared to help you and your family get the justice you deserve and hold these wrongdoers accountable so that others may be spared from this debilitating disease.



Do Not Let the Statute of Limitations Run out on Your Asbestos Lawsuit

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?

Monday, August 29, 2016

How Long Can it Take to Notice the Symptoms of Mesothelioma?

Individuals who were exposed to asbestos either at work or by second-hand exposure often have many questions about whether they may be at risk for developing mesothelioma, a deadly and incurable lung disease linked to asbestos. While the dangers of asbestos have been known for many decades, the signs and symptoms of mesothelioma can take an equally long time to manifest themselves, which can make the disease difficult to understand.


Mesothelioma is an aggressive and deadly form of cancer that affects a thin line of tissue surrounding the body’s internal organs, most often the lungs and abdomen. Although the overwhelming majority of people exposed to asbestos will not develop mesothelioma, about 2,000 to 3,000 are diagnosed every year with the aggressive cancer.


While each case is different, most individuals exposed to asbestos that eventually develop mesothelioma will not do so for anywhere from 20 to 50 years. During that time, other health conditions with similar symptoms can mask the signs of mesothelioma caused by exposure to asbestos and delay diagnosis and treatment.


What are the Signs of Mesothelioma?


There are four types of mesothelioma: pleural mesothelioma, peritoneal mesothelioma, pericardial mesothelioma and testicular mesothelioma. Mesothelioma symptoms vary depending on the form of the disease but lumps in the affected areas are a shared symptom.


  • Pleural mesothelioma – This type affects a thin lining of tissue around the lungs. Symptoms often include shortness of breath, painful coughing, chest pains, and weight loss.

  • Peritoneal mesothelioma – Tissues lining the abdominal wall are affected by this type of mesothelioma. The signs of peritoneal mesothelioma include abdominal pain, swelling of the abdomen, and weight loss.

  • Pericardial mesothelioma – This type affects the thin lining around the heart known as the pericardium. Pericardial mesothelioma often does not have any symptoms in the initial stages of the cancer. Symptoms of this rare cancer include chest pains, murmurs, heart palpitations, difficulty and shortness of breath, painful coughing and night sweats.

Doctors will use a variety of different methods to diagnose whether or not someone has developed mesothelioma. Often times, it begins with an x-ray or CT scan to look for signs of fluid buildup around the lungs, abdomen, heart, or testicles (in cases involving men). If a doctor suspects a patient may have mesothelioma, a biopsy is usually ordered to extract tissue and conduct further tests.


How Long Do I Have to File a Mesothelioma Claim?


Fortunately for victims of asbestos exposure who developed mesothelioma, the law gives them and their families legal recourse to hold wrongdoers accountable and seek compensation for the harm they have suffered. It is extremely important to note there are time deadlines to filing these types of claims and if they are not met, victims may be barred from filing mesothelioma asbestos lawsuits.


The amount of time to file a claim varies by state and starts when the victims discovers he or she has been diagnosed with mesothelioma. Victims of asbestos exposure should contact an experienced nationwide mesothelioma attorney to find out exactly what their legal options are.


Nationwide Asbestos Lawyers


For more information about your legal rights, contact our office. The nationwide asbestos lawyers of the Throneberry Law Group understand the difficulty of dealing with asbestos-related diseases and look forward to discussing how we can help. Strict time deadlines apply so please contact us at your earliest convenience.


 


 



How Long Can it Take to Notice the Symptoms of Mesothelioma?

Wednesday, August 24, 2016

Tennessee County Settles Mesothelioma Asbestos Exposure Lawsuit

A Tennessee county recently settled a mesothelioma-asbestos exposure lawsuit with the widow of a former school teacher who allegedly contracted the deadly lung disease while working for the county decades ago. The lawsuit had been slated to go to a trial by jury just a few days before the settlement but the recent discovery of asbestos on school grounds may have prompted county officials to reconsider resolving the issue.


The victim worked for a pair of Knox County schools, South-Doyle High School and Fulton High School, from the 60’s until the late 90’s, before he developed mesothelioma and passed away from his condition in 2011. During his time at the two institutions, the plaintiff recalled seeing what he later knew to be asbestos falling from the ceilings of his classrooms and other buildings.


While the exact number of the settlement is unclear, the compensation is expected to be no more than $300,000, as the state’s government liability to tort claims is limited to this number under the law. The county is expected to spend another $250,000 on asbestos removal to ensure no one at the school is put at risk of developing asbestos-related conditions like mesothelioma.


Pipe Insulation Contained Asbestos, Plaintiff Claimed


Knox County recently closed the doors to the library as South-Doyle High School after discovering asbestos in the roof decking of the structure. The county had hired a private engineering firm in 1990 to conduct a survey of its schools to identify any asbestos which may pose a threat to students, faculty, and staff. A spokesperson for the county called the recent discovery an oversight on the engineering firm’s part for not identifying the asbestos earlier.


While at Fulton High School in the 1960’s through the 1980’s, the victim claims he frequently had to sweep up flaky material later identified as friable, meaning crumbling, material which he believed could have been asbestos. During the plaintiff’s time with Fulton High, the school was part of Knoxville city school system. The plaintiff’s already reached a separate settlement with that entity but continued to pursue a claim against Knox County for asbestos exposure at South-Doyle.


Parents were alerted to the presence of asbestos in the roof of South-Doyle, acknowledging the spray-on insulation could pose a danger if the friable material became airborne. Asbestos is also present in the flooring tiles at South-Doyle but the county argued the danger to exposure is minimal since the floor tiles have different structural properties than spray on insulation.


Nationwide Mesothelioma Lawyers


If you or a loved one contracted mesothelioma, it could be due to asbestos exposure while at work, handling contaminated product, or second-hand exposure. Asbestos manufacturers have known for years of the dangers their products posed to innocent victims but did little to warn others of the dangers.


For more information, contact our office. The mesothelioma lawyers of The Throneberry Law Group understands the difficulty of dealing with asbestos-related diseases and look forward to discussing how we can help.



Tennessee County Settles Mesothelioma Asbestos Exposure Lawsuit

Wednesday, August 17, 2016

Can I Be Exposed to Asbestos Outside of Work?

Due to its causal link to mesothelioma, a rare and deadly cancer, industrial use and removal of asbestos is now highly regulated by state and federal organizations to prevent workers from being exposed to the substance. However, there are still many ways for ordinary people to be exposed to asbestos and contract serious health conditions that they might not be aware of.


Asbestos is a naturally occurring mineral that is extracted from the earth and processed for use in industrial products. For many decades, asbestos was used in all sorts of industrial applications including automotive parts, insulation in buildings, naval vessels, and other situations requiring the heat resistant qualities of the product.


One of the most common ways for individuals to be exposed to asbestos, and possibly contract mesothelioma, is having a family member working with the product come home wearing clothing covered in the mineral. By nature, asbestos is a fibrous material which makes it prone to becoming airborne and entering the respiratory system of nearby people, unaware they are breathing in a deadly substance.


Can I File a Mesothelioma Lawsuit Even if I Did Not Work Directly With Asbestos?


Victims of asbestos exposure have successfully brought lawsuits against defendants alleging they developed mesothelioma due to second hand asbestos exposure by a family member working with or around the product. In 2013, a jury awarded a New Jersey woman $2 million for her claim alleging she developed mesothelioma from breathing asbestos from her father’s work clothes.


Mesothelioma claims often center around the defendant’s knowledge their asbestos contaminated products or work environments could lead to serious health problems but failed to warn those who could be exposed. Other claims allege defective design or manufacture of products which contain asbestos, again because the defendant more likely than not knew of the dangers.


One study by the National Institute of Health concluded there is no safe level of asbestos exposure and even small amounts of the product contained peak-concentrations of asbestos which can lead to serious health problems. It is an unfortunately reality which many asbestos-exposure victims and our society as a whole must grapple with.


While many defendants in mesothelioma lawsuits contend victims could not possibly have developed mesothelioma due to low levels of exposure, scientific studies looking into the query find that not to be the case. As so often happens in mesothelioma lawsuits, defendants will go to great lengths to skirt responsibility for their negligence and careless behavior and deny duly owed compensation to ordinary people harmed by asbestos.


Nationwide Mesothelioma Asbestos Lawyer


If you were diagnosed with mesothelioma, it may be possible for you to hold those responsible for your exposure to asbestos accountable. Mesothelioma victims can recover compensation for their medical bills, lost wages, and pain and suffering by filing asbestos mesothelioma lawsuits. For more information, contact our office. The Throneberry Law Group understands the difficulty of dealing with asbestos-related diseases and look forward to discussing how we can help



Can I Be Exposed to Asbestos Outside of Work?

Friday, August 12, 2016

Mesothelioma and Superfund Sites

Since the 1970s, the federal government has recognized the dangers asbestos poses to the health and safety of those who come in contact with it. To that end, the government empowered the Environmental Protection Agency (EPA) to investigate asbestos contaminated sites across the country and force responsible parties to take accountability in the clean up effort.


On December 11, 1980, Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), informally known as Superfund. The law works by putting a tax on chemical and gas companies as well as giving the EPA the authority to respond to environmental disasters.


To keep track of contaminated sites, the EPA created a National Priorities List (NPL) which includes areas like mines, factories, shipyards, and other industrial sites where asbestos has been detected. Over the years, the EPA has initiated numerous asbestos clean up efforts, putting the financial burden on the shoulders of the asbestos producers and product users.


Do EPA Superfunds Compensate Mesothelioma Victims?


The mission of the EPA Superfunds is to identify areas contaminated by asbestos and other dangerous chemicals and collect funds from polluters to pay for the clean up. Unfortunately, this does not include any types of civil action to provide invaluable compensation to ordinary people hurt by coming into contact with asbestos from these sites.


In order for mesothelioma victims to recover for damages, they must file an asbestos mesothelioma lawsuit against parties believed to be responsible for the exposure. Having the EPA designate a workplace where the alleged asbestos exposure took place a Superfund site can be a tremendous help to proving asbestos was the proximate cause of developing the deadly lung disease.


What Can I Recover in an Asbestos Mesothelioma Lawsuit?


Mesothelioma asbestos lawsuits allege that manufacturers knew their products contained the deadly industrial material but did nothing to warn those coming in contact with it of the dangers posed. Furthermore, employers and other entities may be held responsible if it can be demonstrated they were aware the products employed in the business’s operations were contaminated with asbestos.


Depending on the circumstances of the case, mesothelioma victims may be able to recover for their medical bills, lost wages, pain and suffering, and mental anguish. Surviving family members of asbestos cancer victims may also hold the right to file wrongful death and survival action claims against responsible parties.


Speaking to an experienced nationwide mesothelioma lawyer can help victims understand their legal options and investigate the situation. All too often, wrongdoers responsible for mesothelioma from asbestos exposure fail to take responsibility for their careless actions and force the hand of those who deserve compensation for their injuries.


Nationwide Mesothelioma Asbestos Lawyer


If you were diagnosed with mesothelioma, it may be possible for you to hold those responsible for your exposure to asbestos accountable. For more information, contact our office. The Throneberry Law Group understands the difficulty of dealing with asbestos-related diseases and look forward to discussing how we can help.



Mesothelioma and Superfund Sites

Wednesday, August 3, 2016

Why is it Important to Hire an Asbestos Attorney?

By now most of us are familiar with the lawsuits and settlements associated with mesothelioma and other asbestos-related diseases. As victims of asbestos exposure finally get the justice and compensation they deserve, even more are left out to fight on their own as the defendants in these cases continue to deny liability for their dangerous products.


Even in the face of overwhelming evidence that an individual exposed to asbestos in his or her everyday life developed the rare, deadly lung disease mesothelioma, manufacturers of the products in question refuse to compensate victims appropriately. More often than not, plaintiffs turn to experienced mesothelioma attorneys to aid them in their time of need.


What Can a Mesothelioma Lawyer Do for Me?


While the causal relationship between asbestos and mesothelioma is well established, these cases remain complex. By its very nature, mesothelioma often develops decades after exposure to asbestos. In that time, asbestos manufacturers often close up shop, change hands, or sell off their assets to holding companies, making it difficult to serve complaints on proper defendants.


Furthermore, multiple entities may be at fault for an individual developing mesothelioma and therefore subject to an asbestos lawsuit. Having an experienced and dedicated asbestos cancer lawyer is vitally important to tracking down and holding all wrongdoers responsible for their careless behavior and failure to warn ordinary people about the dangers asbestos poses.


Why Do Mesothelioma Claims Get Denied?


Defense attorneys and the asbestos manufacturers often utilize unscrupulous tactics to deny claims and confuse courts about the science behind an individual’s disease. One of the most common tactics is to claim the victim held a pre-existing condition that caused the extremely rare and deadly lung cancer.


Other times, asbestos manufacturers will altogether deny their contaminated products ever came anywhere near the victim, even in the face of overwhelming evidence. Unless strong, solid cases are built, victims may be unable to collect the vital compensation for medical bills, pain and suffering, and other damages necessary to fight the disease and live a more comfortable life.


How Can My Lawyer Find Out if My Mesothelioma was Caused by Asbestos?


A qualified mesothelioma attorney often begins by investigating the employment history of the victim to see if he or she could have been exposed to asbestos in an industrial setting. Common occupations associated with asbestos exposure include:


  • Construction, demolition, roofing, or insulation

  • Military settings such as shipyards or serving aboard naval vessels

  • Factories and textile mills

  • Pipe fitting, welding, and machine operating jobs

  • Firefighters

Decades ago, asbestos was common in these and other occupations. Despite knowing for decades about the risk of asbestos, many hard-working people were never told about the risks associate with their jobs until they contracted mesothelioma.


Nationwide Mesothelioma Lawyers


If you or a loved one contracted mesothelioma, contact our office for a free legal consultation about your case. The experienced mesothelioma lawsuit attorneys of The Throneberry Law Group can help investigate your case and hold wrongdoers accountable for their negligent and careless actions.


 



Why is it Important to Hire an Asbestos Attorney?

Wednesday, July 27, 2016

Illinois Man Accuses Abbott Labs of Causing Mesothelioma

A man from Belleville, Illinois recently filed an asbestos mesothelioma lawsuit against Abbott labs, claiming his years of exposure to the toxic insulation was the proximate cause of his life-threatening cancer. The suit, filed in St. Clair County Circuit Court claims Abbott Laboratories and dozens of other companies were negligent in their failure exercise reasonable care to ensure the safety of their workers.


The plaintiff claims he contracted mesothelioma by breathing in asbestos fibers while working at Abbott Laboratories in Northern Illinois. Apart from his former employer, the plaintiff accuses Alcatel Lucent USA Inc. and many others of negligently manufacturing, selling, distributing and installing products containing asbestos fibers.


The asbestos mesothelioma cancer lawsuit asks for $50,000 from each defendant as compensation for his injuries. Additionally, the claims asks to recoup legal fees associated with filing the case and litigating the lawsuit. Depending on how many defendants are held liable for damages, the claim could potentially be worth a substantial amount of compensation.


Illinois Among National Leaders in Asbestos Mesothelioma Claims


Sources investigating cause and effect relationships between asbestos exposure and mesothelioma rank Illinois among national leaders in potential asbestos exposure sites. Illinois has an estimated 400 such known exposure sites, including Abbott Laboratories located in North Chicago.  There are over 150 cities in Illinois may have asbestos exposure sites like Abbott Laboratories.  Still further, there are numerous manufacturers and suppliers who placed their asbestos containing materials in the Illinois stream of commerce that knew or should have known about the risk of asbestos contaminations, but did little or nothing to share that information with the people affected the most.


How Do I Know if My Mesothelioma was Caused by Asbestos Exposure?


While many mesothelioma cases are caused by asbestos exposure at industrial job sites like shipyards, construction areas, industrial and manufacturing centers, and textile companies there are numerous other ways victims may come in contact with asbestos. During the mid-20th Century, many products were manufactured with asbestos which placed potentially millions of people at risk for developing life-altering medical conditions.


Because mesothelioma is such a rare cancer with direct causal links to asbestos exposure, mesothelioma is referred to as the signature disease of asbestos exposure.  Simply stated, mesothelioma is caused by asbestos exposure. Often times, employees worked in environments heavily contaminated with asbestos but were unaware that they were placed at risk.


However, many employers and manufacturers knew or should have known about the risk of asbestos contaminations but did little or nothing to share that information with the people affected the most. In these situations, victims of asbestos exposure may be entitled to substantial compensation if they contracted mesothelioma as a result of another’s negligence or carelessness.


Experienced Mesothelioma Lawsuit Attorneys


If your or a loved one were diagnosed with mesothelioma, contact our office for a free legal consultation about your case. The experienced mesothelioma lawsuit attorneys of The Throneberry Law Group can help investigate your case and hold wrongdoers accountable for their negligent and careless actions.


Victims of asbestos exposure could be entitled to substantial compensation for their injuries including medical bills, pain and suffering, and lost wages. Surviving family members may also have legal rights to file claims so please contact our office and find out your legal rights.


 



Illinois Man Accuses Abbott Labs of Causing Mesothelioma

Tuesday, July 19, 2016

Federal Court Sentences Property Developer for Asbestos Violations

A U.S. District Court judge recently sentenced a Rochester, New York property developer to probation, community service, and a fine for violations of the federal Clean Air Act. Additionally, the defendant was ordered to pay restitution to the victims harmed by his reckless disregard for public safety by exposing employees to asbestos.


The industrial property where the asbestos exposure took place was adjacent to a residential neighborhood with a school bus stop. The defendant was sentenced to two-year probation, 150-hours of community service, and a $15,000 fine.


Authorities Raid Asbestos-Contaminated Warehouse


The case began in December 2011 when authorities investigated the property in question on a complaint from someone working at the facility. An inspector from the New York State Department of Labor, Asbestos Control Bureau investigated the property and found a number of individuals, including a minor child, working in and around asbestos without any protection or precautions.


The defendant allegedly told the workers to cease cooperation with the inspectors, leave the property, and lock the gates behind them. However, before the inspectors left they took with them material which later tested positive to be asbestos.


Agents from the Environmental Protection Agency (EPA) and the New York Department of Environmental Conservation later obtained search warrants and secured the property to conduct a full investigation and seize evidence. While on the scene, authorities came across 90 bags of asbestos in a loading dock.


Inside the warehouse, approximately 150,000 square feet was contaminated by the asbestos. High levels of asbestos were found throughout the building as well as evidence connecting the defendant to is presence on the property.


The investigation determined the asbestos was kept on the property illegally and the workers employed at the site were placed at great risk while doing their jobs. The employees revealed they were paid in cash to remove asbestos from a dumpster on the property because local waste management would not handle the product.


Laws Against Asbestos Exposure


According to reports, none of the workers performing the asbestos removal were trained or certified in the procedure. Furthermore, none of them were provided proper breathing masks or other protective gear to mitigate asbestos exposure. Workers used only simple dust masks while removing the dry, flaky asbestos from the dumpster.


Since 1971, asbestos has been designated a harmful air pollutant by the EPA. Asbestos is known to be directly linked to the development of mesothelioma, a rare and deadly lung cancer brought on by exposure to the dangerous product. The industrial insulation is also known to cause the lung disease asbestosis.


Nationwide Mesothelioma Lawyers


If you or a loved one developed mesothelioma, it may have been directly caused by asbestos exposure. Typical jobs that may result in asbestos exposure include industrial jobs, welding, pipe fitting, and working on ships and shipyards.


For a free consultation about your legal options, speak to one of our mesothelioma lawyers. Depending on the circumstances of your case, you could be entitled to substantial compensation for medical bills, lost wages, and pain and suffering.



Federal Court Sentences Property Developer for Asbestos Violations

Friday, July 15, 2016

Georgia Wife Awarded $2 Million in Asbestos Mesothelioma Lawsuit

A jury in Savannah, Georgia recently awarded $2 million to the wife of a man who died of mesothelioma caused by asbestos exposure. The victim spent years working in a pulp paper mill in Alabama, where the plaintiff’s attorney alleged he was exposed to asbestos contaminated asbestos gaskets and packing material manufactured by John Crane.


During trial, the plaintiff’s lawyer explained to jurors that the defendant had been sued multiple times for asbestos-related injuries but never tested its products to determine if they were safe. Instead, the defendant allegedly relied on junk science produced by a consulting firm and paid millions of dollars for the information.


Attorneys for the defense argued the plaintiff had not been exposed to asbestos in any of its products and further argued even if that had been the case the amount of asbestos exposure would have been too small to cause mesothelioma. Only one witness was called by defense during the 10-day trial while the plaintiff called multiple expert witnesses to testify as to the plaintiffs asbestos exposure.


Family of Asbestos Victim Finally Gets Justice


The $2 million award may finally have brought some closure to the legal journey faced by the deceased’s wife. The case originally began back in 2010 when the plaintiff filed suit against 32 defendants believed to have played a hand in the victim’s asbestos-related cancer.


The victim succumbed to his asbestos induced mesothelioma in 2012, leaving his wife and attorney to carry on the struggle for justice. Between the filing of the lawsuit and the first trial, 21 of the original 32 defendants were dismissed from the suit, leaving a handful of defendants to seek damages from.


During a 2013, jurors found John Crane liable for the victim’s asbestos related cancer but declined to award any damages. Two other defendants named in that trial settled the case and one was found not liable for damages.


During the June 2016 trial, jurors found the defendant to be 40.5% at fault for the victim’s injuries and apportioned $2 million of their $5 million total award to the defendant. Seven other defendants were also allowed to be named as parties to the suit and the remaining $3 million will be apportioned equally among them to be paid to the plaintiff’s estate.


Nationwide Asbestos Lawyer


If you worked in an industrial job and were diagnosed with mesothelioma, it could be because you were exposed to asbestos while on the job. Mesothelioma victims may be able to recover necessary compensation for medical bills and other damages by holding their employer or other responsible for their asbestos exposure.


For a free consultation about your case, contact our office. Our mesothelioma attorneys have years of experience recovering compensation and obtaining justice for our clients. Do not be intimidated by powerful asbestos companies and their defense attorneys, our lawyers will fight hard to get your and your family the compensation you deserve.



Georgia Wife Awarded $2 Million in Asbestos Mesothelioma Lawsuit

Wednesday, July 6, 2016

Jury Awards Construction Worker Nearly $9 Million in Asbestos Mesothelioma Lawsuit

An Oregon jury recently awarded a Beaverton man and his wife $8.75 million dollars in a mesothelioma asbestos lawsuit filed against drywall maker, Kaiser Gypsum. Jurors agreed the plaintiff’s mesothelioma was more likely than not caused by his repeated exposure to the asbestos-laced spackle product at his job and that the defendant knew for a decade about the risks the product could pose.


The award is one of the largest asbestos verdicts in Oregon. The Portland jury awarded the plaintiff $750,000 for medical expenses, $4 million to himself for pain and suffering, and an additional $4 million to his wife. Doctors estimate the plaintiff has less than two years left to live. The judge in the case estimated the plaintiff could have lived for almost two-decades longer under the state’s life table.


The plaintiff is a father of three and grandfather to several grandchildren. He had just retired when doctors diagnosed him with the deadly cancer of the lining of the lungs. The plaintiff claims he contracted mesothelioma due to repeated exposure to asbestos while working as a carpenter in his early 20s. The asbestos flakes were contained inside gypsum board applied by drywall workers who would then sand down the product to create a uniform finish.


The dust particles created contained asbestos, which the plaintiff allegedly breathed in while on the job site. Attorneys for the plaintiff claim Kaiser Gypsum was aware of the risk of asbestos exposure but did nothing to warn the plaintiff and continued to make the asbestos-laced product.


Asbestos Contamination Known as Far Back as 1970s


Kaiser Gypsum only stopped making its products with asbestos in 1975, around the same time federal regulators finally began to issue health and safety warnings for the deadly material. Even today, people may be exposed to asbestos when renovating older homes or doing demolition on structures constructed before the asbestos ban of the 1970s.


Every year an estimated 2,000 to 3,000 people are diagnosed with mesothelioma. The disease is a rare, aggressive form of lung cancer linked directly to asbestos exposure. Doctors identify the disease by evaluating fluid buildups in the lining of the lungs.


Mesothelioma victims usually contract the disease by contact with asbestos through their work, often in occupations like construction, pipe working, ship building, and industrial jobs. Children and spouses have also been known to contract the disease due to coming in contact with their family member’s asbestos-contaminated clothing.


Construction Job Mesothelioma Lawsuits


If you worked in the construction industry or any other industrial job and have been diagnosed with mesothelioma, it could be because you were exposed to asbestos while on the job. Mesothelioma victims may be able to recover necessary compensation for medical bills and other damages by holding their employer or others responsible for their asbestos exposure.


For a free consultation about your case, contact our office. Our mesothelioma attorneys have years of experience recovering compensation and obtaining justice for our clients.



Jury Awards Construction Worker Nearly $9 Million in Asbestos Mesothelioma Lawsuit

Tuesday, June 28, 2016

Does Talcum Powder Contain Asbestos?

Missouri jurors in two talcum powder ovarian cancer lawsuits recently handed down a pair of monumental awards for plaintiffs totaling $137 million between the two. This could spell bad news for the defendant, Johnson & Johnson, as there are an additional 1,200 more talcum powder lawsuits working their way through the courts.


While attorneys for the plaintiffs successfully demonstrated to the jurors the J&J talcum powder products were more than likely responsible for their plaintiff’s ovarian cancer, questions still remain as to what exactly the relationship is between use of talc and developing cancer. To help answer that, one has to examine where talcum powder comes from and whether it may contain any known carcinogens like asbestos.


What is Talcum Powder?


Used to absorb moisture and reduce skin irritation, talcum powder contains the mineral talc, which in its natural state is made up of magnesium, silicon, and oxygen. Additionally, some pre-processed talc may contain asbestos which is a known cancer-causing agent associated with the debilitating lung disease mesothelioma.


Since the 1970s, consumer talcum products have been asbestos free, so it is unlikely plaintiffs in these talcum powder cases contracted their aggressive cancers due to asbestos exposure. However, talc miners extracting talc may be placed at increased risk of developing cancers and lung diseases due to their proximity to the substance.


Could My Cancer be Caused by Asbestos Exposure from Talcum Powder?


Numerous multi-million dollar awards have been handed down to cancer victims to either used asbestos-contaminated talc products or were husbands, wives, and daughters of men who worked at talc processing plants. Even more lawsuits are pending across the country, giving victims hope they may receive justice for the negligence of pharmaceutical giants and other massive corporations.


In May 2015, a California woman won a $13 million lawsuit against Colgate-Palmolive for her cancer caused by asbestos-contaminated talcum powder. The plaintiff in that case used talcum products for 15 years during the time before the federal government mandated asbestos be removed from consumer talcum products.


In 2013, a New Jersey woman won a $2 million award for her mesothelioma caused by breathing in asbestos dust brought into her home from her father’s work clothes. Despite these and other huge verdicts, talc processing companies and Johnson & Johnson still refuse to accept responsibility for their carelessness of withholding important safety information from the public about the dangers their products could pose.


Mesothelioma Talcum Powder Lawsuits


If you or a loved one suffer from mesothelioma, it could be because of exposure to asbestos-contaminated talcum powder. By filing a mesothelioma talcum powder lawsuit, you and your family may be able to get the financial compensation and medical care necessary to treat the disease and live a life of dignity and respect.


Contact our office for a free legal consultation about your case. The experienced Arizona mesothelioma attorneys of the Throneberry Law Group are fully prepared to help you and your family get the justice you deserve and hold these wrongdoers accountable so that others may be spared from this debilitating disease.



Does Talcum Powder Contain Asbestos?