The Asbestos Victims Association has accused the South Australian Government of delaying regulations that would allow compensation of asbestos victims.
Campaigner Terry Miller says the relevant laws passed Parliament three years ago, but there are problems regarding when liability will be recognised.
He says the minister has set 1971 as the date when companies first knew about the dangers of asbestos, but BHP Billiton wants a later date.
"In May this year he invited us to comment on a review date of 1971. We believe that it should be 1960 and we believe that would be fair," he said.
"This delay it just makes me so angry, it's gone on so long."
Time Delay
Tim Sutton, whose mother died of mesothelioma, went through a protracted legal process for compensation and says the new laws are needed now.
"For us it was a very, very difficult time for my family and I wouldn't wish it upon my worst enemy - the time delay in regards to court hearings and that we eventually settled out of court because of the time," he said.
In April, the SA Government changed the date for recognition of additional damages from 1979 to 1971.
That date recognises when companies knew about the dangers of asbestos and could lead to a premium compensation payment to victims.
BHP Billiton thinks the date should be changed back to 1979.
Independent Senator Nick Xenophon says he is worried the SA Government may bow to the pressure.
"The Government needs to work out whether it's there to kowtow to the Big Australian, BHP, or whether to look after the little guy who suffers the consequence of asbestos-related disease," he said.
SA Attorney-General Michael Atkinson says the Government will not be pressured.
"I rather doubt that any of the representations made to date, especially BHP Billiton, cause me to change my mind," the Minister said.
Mr Atkinson has not ruled out taking the recognition date back to 1960, as victims and their supporters are seeking.
Source: ABC News
Search Here!
Custom Search
Wednesday, December 17, 2008
Sunday, December 14, 2008
Legacy of Asbestos Exposure
THE legacy of exposure to asbestos is thousands of deaths every year. Here BHP’s Louise Scott takes a look at the legal implications of the issue.
ASBESTOS-RELATED diseases - mesothelioma, asbestosis and lung cancer - are believed to kill at least 3,000 people a year.
This figure is expected to rise to 10,000 by 2011.
The people who will die because of exposure to asbestos have already inhaled the fatal dose of asbestos fibres.
It can take anywhere from 15 to 60 years after first exposure before the development of the fatal disease.
For many years it was accepted that the insurance company providing insurance to the employer at the date of exposure to asbestos dust should be responsible for payment of compensation.
However, two years ago a decision of the Court of Appeal in connection with a different type of legal dispute led some insurers to argue that the insurance company providing cover at the time the disease developed should be responsible for paying compensation.
In reality this would have meant that in very many cases compensation was not paid. Most of the companies involved had ceased to exist by the time former employees’ illnesses developed and so there was no insurance in place.
A recent High Court verdict rejected the insurance companies’ attempt to deny compensation.
Although their argument failed, some insurers stopped paying compensation to claimants whilst the case was being argued, leading to financial hardship.
In many cases the victim died before compensation could be received.
For many insurance companies their liability to pay compensation to victims of asbestos related illness is a potential time bomb.
If they had been successful they would have saved billions of pounds and even more victims would have lost out on much needed and deserved compensation payments.
Given the economic crisis, which has hit the insurance industry hard, the insurance companies are likely to continue to do everything they can to avoid the responsibilities they took on when they sold their policies many years ago.
If you are worried about asbestos related disease, contact your GP, particularly if you have breathing problems.
You should ask for a chest x-ray if: you have had prolonged exposure to asbestos (or think you have); have had ‘burst exposure’ (a very heavy concentration) to asbestos for short periods; you are an immediate family member of people who have worked in asbestos-related industries, even if they have no symptoms.
If you are diagnosed with an asbestos related disease you should contact a specialist solicitor immediately.
Source: Evening Gazette
ASBESTOS-RELATED diseases - mesothelioma, asbestosis and lung cancer - are believed to kill at least 3,000 people a year.
This figure is expected to rise to 10,000 by 2011.
The people who will die because of exposure to asbestos have already inhaled the fatal dose of asbestos fibres.
It can take anywhere from 15 to 60 years after first exposure before the development of the fatal disease.
For many years it was accepted that the insurance company providing insurance to the employer at the date of exposure to asbestos dust should be responsible for payment of compensation.
However, two years ago a decision of the Court of Appeal in connection with a different type of legal dispute led some insurers to argue that the insurance company providing cover at the time the disease developed should be responsible for paying compensation.
In reality this would have meant that in very many cases compensation was not paid. Most of the companies involved had ceased to exist by the time former employees’ illnesses developed and so there was no insurance in place.
A recent High Court verdict rejected the insurance companies’ attempt to deny compensation.
Although their argument failed, some insurers stopped paying compensation to claimants whilst the case was being argued, leading to financial hardship.
In many cases the victim died before compensation could be received.
For many insurance companies their liability to pay compensation to victims of asbestos related illness is a potential time bomb.
If they had been successful they would have saved billions of pounds and even more victims would have lost out on much needed and deserved compensation payments.
Given the economic crisis, which has hit the insurance industry hard, the insurance companies are likely to continue to do everything they can to avoid the responsibilities they took on when they sold their policies many years ago.
If you are worried about asbestos related disease, contact your GP, particularly if you have breathing problems.
You should ask for a chest x-ray if: you have had prolonged exposure to asbestos (or think you have); have had ‘burst exposure’ (a very heavy concentration) to asbestos for short periods; you are an immediate family member of people who have worked in asbestos-related industries, even if they have no symptoms.
If you are diagnosed with an asbestos related disease you should contact a specialist solicitor immediately.
Source: Evening Gazette
Tuesday, December 2, 2008
Mesothelioma Law Firm Reaches Out to Patients and Families Online
SimmonsCooper LLC, a nationwide law firm specializing in mesothelioma litigation, continues to use the Internet to reach out to patients and families affected by the rare cancer caused by exposure to asbestos. Earlier this year, the Illinois-based firm launched an award-winning Internet video library covering mesothelioma-related topics. Now the firm has launched the Mesothelioma Support blog, a source for news, information and support for individuals and families coping with mesothelioma.
Michael Angelides, asbestos attorney and partner at SimmonsCooper explained, "Over the years we've worked with so many families, doctors, and experienced asbestos experts - we've developed such an incredible network of resources. We feel compelled to try to connect families with the best information and resources possible, legal or otherwise, and reaching out online is just one of the ways we try to do that."
The Mesothelioma Support blog is updated several times each week. The blog offers timely and helpful entries on such topics as "When a Parent Has Mesothelioma," Dealing with Asbestos in Your Home," and "Tips for Mesothelioma Caregivers." The blog also provides a medium for posting questions and concerns on asbestos exposure and mesothelioma. The blog can be read at http://www.simmonscooper.com/blog/mesothelioma.
SimmonsCooper has also established a presence on social media sites like Twitter and Facebook. Twitter, a free social networking site that specializes in "micro-blogging," allows the firm to present short snippets of information about asbestos exposure and malignant mesothelioma. New information is presented on a daily basis, increasing awareness and hopefully preventing more asbestos exposure to families throughout the U.S. SimmonsCooper's Twitter page can be accessed at http://twitter.com/SimmonsCooper.
SimmonsCooper has pledged over $10 million to cancer research and works with top mesothelioma medical experts throughout the country, supporting their work toward a cure.
Michael Angelides, asbestos attorney and partner at SimmonsCooper explained, "Over the years we've worked with so many families, doctors, and experienced asbestos experts - we've developed such an incredible network of resources. We feel compelled to try to connect families with the best information and resources possible, legal or otherwise, and reaching out online is just one of the ways we try to do that."
The Mesothelioma Support blog is updated several times each week. The blog offers timely and helpful entries on such topics as "When a Parent Has Mesothelioma," Dealing with Asbestos in Your Home," and "Tips for Mesothelioma Caregivers." The blog also provides a medium for posting questions and concerns on asbestos exposure and mesothelioma. The blog can be read at http://www.simmonscooper.com/blog/mesothelioma.
SimmonsCooper has also established a presence on social media sites like Twitter and Facebook. Twitter, a free social networking site that specializes in "micro-blogging," allows the firm to present short snippets of information about asbestos exposure and malignant mesothelioma. New information is presented on a daily basis, increasing awareness and hopefully preventing more asbestos exposure to families throughout the U.S. SimmonsCooper's Twitter page can be accessed at http://twitter.com/SimmonsCooper.
SimmonsCooper has pledged over $10 million to cancer research and works with top mesothelioma medical experts throughout the country, supporting their work toward a cure.
Tuesday, November 25, 2008
Thousands of Michigan Asbestos Lawsuits Could Be Dismissed After Expert is Excluded
Over 2,000 asbestos lawsuits filed in Michigan by individuals who claim that they have been diagnosed with mesothelioma and other injuries, could be dismissed after a state court Judge excluded the expert-testimony from a doctor who diagnosed these individuals with an asbestos-related disease.
Asbestos is a mineral which was widely used until the mid-1970s for insulation, fireproofing and a number of other purposes.
Inhaling asbestos fibers can cause a deadly form of cancer known as mesothelioma, as well as other life-threatening injuries. In the United States, over 600,000 asbestos lawsuits have been filed against manufacturers of products containing asbestos since 1929, and some experts have speculated that the total cost of asbestos litigation for manufacturers could eventually reach $200 billion.
In a ruling that could have ramifications nationwide, a judge in Wayne County, Michigan ruled last week that the testimony of Dr. R. Michael Kelly, an internist and occupational medicine specialist, should be excluded based on arguments that he is not a radiologist or certified to read x-rays. The ruling found that his expert testimony did not meet the standards of reliability set by the U.S. Supreme Court.
Attorneys for defendants argued that Dr. Kelly was not qualified to diagnose asbestos diseases. They claimed that independent radiologists had offered evidence contradicting the testimony of the internist, and found no evidence of asbestos related disease in the x-rays of the plaintiffs.
According to the Detroit Free Press, at least 2,131 cases in which Dr. Kelly has been designated as an expert could be subject to dismissal if the lawyers representing the plaintiffs do not name a new expert who can offer expert testimony at trial establishing that the injuries were caused by asbestos exposure.
Throughout the country, there is a growing trend that is increasing the level of proof that plaintiffs must establish in asbestos lawsuits, limiting the percentage of cases that are ultimately going before a jury.
Last month, over 30,000 asbestos lawsuits in Ohio were dismissed following a ruling by the Ohio Supreme Court which allowed a 2004 state law imposing strict requirements on plaintiffs to be applied retroactively.
The Ohio law, which was designed by the legislature to reduce the amount of asbestos litigation in the state, requires plaintiffs to provide testimony from medical experts at trial who personally treated the claimant. The law also only allows cases to proceed if there is specific medical evidence that asbestos exposure caused mesothelioma or another asbestos disease.
Source
Asbestos is a mineral which was widely used until the mid-1970s for insulation, fireproofing and a number of other purposes.
Inhaling asbestos fibers can cause a deadly form of cancer known as mesothelioma, as well as other life-threatening injuries. In the United States, over 600,000 asbestos lawsuits have been filed against manufacturers of products containing asbestos since 1929, and some experts have speculated that the total cost of asbestos litigation for manufacturers could eventually reach $200 billion.
In a ruling that could have ramifications nationwide, a judge in Wayne County, Michigan ruled last week that the testimony of Dr. R. Michael Kelly, an internist and occupational medicine specialist, should be excluded based on arguments that he is not a radiologist or certified to read x-rays. The ruling found that his expert testimony did not meet the standards of reliability set by the U.S. Supreme Court.
Attorneys for defendants argued that Dr. Kelly was not qualified to diagnose asbestos diseases. They claimed that independent radiologists had offered evidence contradicting the testimony of the internist, and found no evidence of asbestos related disease in the x-rays of the plaintiffs.
According to the Detroit Free Press, at least 2,131 cases in which Dr. Kelly has been designated as an expert could be subject to dismissal if the lawyers representing the plaintiffs do not name a new expert who can offer expert testimony at trial establishing that the injuries were caused by asbestos exposure.
Throughout the country, there is a growing trend that is increasing the level of proof that plaintiffs must establish in asbestos lawsuits, limiting the percentage of cases that are ultimately going before a jury.
Last month, over 30,000 asbestos lawsuits in Ohio were dismissed following a ruling by the Ohio Supreme Court which allowed a 2004 state law imposing strict requirements on plaintiffs to be applied retroactively.
The Ohio law, which was designed by the legislature to reduce the amount of asbestos litigation in the state, requires plaintiffs to provide testimony from medical experts at trial who personally treated the claimant. The law also only allows cases to proceed if there is specific medical evidence that asbestos exposure caused mesothelioma or another asbestos disease.
Source
Monday, November 17, 2008
Man with Mesothelioma Refuses Autopsy in Asbestos-Related Lawsuit
James Ross, who is expected to pass away from mesothelioma, is refusing to undergo an autopsy after his death. The court is mandating this procedure in order for Ross’s estate to sue the company that allegedly exposed him to asbestos.
Mesothelioma is a rare form of cancer that is almost exclusively caused by asbestos exposure. The disease typically takes anywhere between 20 and 50 years to develop, and symptoms do not arise until the advanced stages. As a result, most cases are diagnosed at a time when mesothelioma treatment options have become limited.
Ross worked around asbestos for several decades during his employment with Burlington Northern Railroad. He also worked on a home remodel during the 1960s and 1970s that he believes exposed him to the toxic substance.
Ross is objecting to the procedure of an autopsy on moral grounds and is asking for the requirement to be waived even though it will make his case more difficult to prove. The defendants, Kaiser Gypsum and T.H. Agriculture & Nutrition, believe the case should be dismissed if Ross does not comply with the request of the autopsy.
According to Washington Law, individuals in asbestos litigation can opt out of the autopsy if they cite religious reasons. However, Ross is objecting because he believes that an autopsy results in the destruction and disfiguration of the body.
Ross’s mesothelioma lawyer says, “It’s not a matter of nominal faith. This is directly related to constitutional rights since autopsies are seldom necessary to confirm diagnosis. Why shouldn’t Ross’s request to forego an autopsy be honored?”
The lawsuit has yet to move to trial because the defendants claim Ross has not been diagnosed with malignant mesothelioma. Though Ross and his lawyer understand the importance of an autopsy in their case, they are willing to stand by their decision in order to help future cases and their right to deny an autopsy.
Ross’s lawyer believes he deserves the same treatment as any other individual that is excused from an autopsy on the grounds of religious reasons. He states, “Despite the greater burden of proof in proving that the plaintiff suffers from mesothelioma, autopsies are not required to prove diagnosis, rather, autopsies are helpful in resolving disputes only when diagnosis is already in question. That isn’t the case here.”
This is filed under Asbestos Exposure, Asbestos Litigation, Mesothelioma.
Mesothelioma is a rare form of cancer that is almost exclusively caused by asbestos exposure. The disease typically takes anywhere between 20 and 50 years to develop, and symptoms do not arise until the advanced stages. As a result, most cases are diagnosed at a time when mesothelioma treatment options have become limited.
Ross worked around asbestos for several decades during his employment with Burlington Northern Railroad. He also worked on a home remodel during the 1960s and 1970s that he believes exposed him to the toxic substance.
Ross is objecting to the procedure of an autopsy on moral grounds and is asking for the requirement to be waived even though it will make his case more difficult to prove. The defendants, Kaiser Gypsum and T.H. Agriculture & Nutrition, believe the case should be dismissed if Ross does not comply with the request of the autopsy.
According to Washington Law, individuals in asbestos litigation can opt out of the autopsy if they cite religious reasons. However, Ross is objecting because he believes that an autopsy results in the destruction and disfiguration of the body.
Ross’s mesothelioma lawyer says, “It’s not a matter of nominal faith. This is directly related to constitutional rights since autopsies are seldom necessary to confirm diagnosis. Why shouldn’t Ross’s request to forego an autopsy be honored?”
The lawsuit has yet to move to trial because the defendants claim Ross has not been diagnosed with malignant mesothelioma. Though Ross and his lawyer understand the importance of an autopsy in their case, they are willing to stand by their decision in order to help future cases and their right to deny an autopsy.
Ross’s lawyer believes he deserves the same treatment as any other individual that is excused from an autopsy on the grounds of religious reasons. He states, “Despite the greater burden of proof in proving that the plaintiff suffers from mesothelioma, autopsies are not required to prove diagnosis, rather, autopsies are helpful in resolving disputes only when diagnosis is already in question. That isn’t the case here.”
This is filed under Asbestos Exposure, Asbestos Litigation, Mesothelioma.
Tuesday, November 4, 2008
East London tops the table for Asbestos deaths in London
East London has the worst mortality rate in London for asbestos related disease. Between 1981 and 2005 there were a total of 2663 asbestos-related deaths of men in London - 193 of these deaths occurred in Havering, the highest number for a London borough, closely followed by Barking and Dagenham, the borough with highest overall mortality from asbestos, with 187 deaths. In the same period, there were 120 deaths in Redbridge, ranking it seventh for overall deaths in London.
To tackle the rising death rate from asbestos-related diseases, the Health and Safety Executive (HSE) has launched a campaign, Asbestos: The Hidden Killer, which is running throughout October and November 2008 to educate today's tradesmen about the danger that asbestos presents to them.
Figures issued by the Health and Safety Executive have revealed that every week, 20 tradesmen die from asbestos-related diseases, and this number is set to increase.
Steve Coldrick, Disease Reduction Director at the HSE explained why a major campaign has been launched to raise awareness of the real risk that tradesmen face, "Exposure to asbestos is the biggest single cause of work-related deaths, with around 4,000 people a year dying from asbestos-related disease. The overall number of deaths is rising because a large number of workers who have already been exposed to asbestos dust around 40 years ago will go on to develop mesothelioma, a terminal cancer or other asbestos related diseases."
Dagenham & Redbridge FC are lending their support to the campaign by hosting a media opportunity at their ground in Dagenham with HSE Inspector Ron Wright and John Towersey, an active member of the Barking and Dagenham Asbestos Victims Support Group, who also suffers from mesothelioma, a fatal cancer which is caused by exposure to asbestos fibres.
John Towersey, a 60 year old carpenter and father of three, was diagnosed with mesothelioma five years ago., and now plays a huge role in the Barking and Dagenham Support Group for fellow mesothelioma sufferers, providing advice, information and support.
John has strong feelings about the subject and his message to joiners and tradespeople is clear; "The issue of asbestos did not disappear when the substance was banned. Don't you owe it to your workmates, your family and yourself to find out more?"
Even today asbestos presents a real and relevant risk to plumbers, joiners, electricians and many other maintenance workers. Asbestos may be present in any building constructed or refurbished before the year 2000, and it is estimated that around 500,000 non-domestic buildings could contain asbestos. These buildings all need repair and maintenance work from time to time and when the asbestos fibres are disturbed e.g. by drilling or cutting, they are likely to be inhaled as a deadly dust.
1,000 (25%) of the 4,000 now dying each year are tradesmen and while the number of deaths in traditional industries has plateaued, deaths in trades continue to rise.
Jill Morrell, Head of Public Affairs at the British Lung Foundation said, "Sadly, for many who have been exposed to asbestos dust it's too late - asbestos-related diseases have a long latency and therefore creating awareness for the future is very important."
For Mesothelioma Mortality figures in Great Britain from 1981-2005 and other details, please click here.
Tradesmen can get a free asbestos information pack by calling 0845 345 0055 or by visiting http://www.hse.gov.uk/hiddenkiller for further information. The free information pack provides information on the dangers of asbestos, highlighting where asbestos-containing materials may be present in buildings, what they look like, how they should be dealt with and where to find training.
For further information please contact: Nick Mann, COI News and PR, 020 7261 8395 Irfan Ahmed, COI News and PR, 0207261 8872
HSE's Infoline Tel: 0845 345 0055 Textphone: 0845 408 9577 e-mail: hse.infoline@natbrit.comThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it
Issued on behalf of the Health and Safety Executive by COI News and PR London
COI ref 166951P
Article by marin2008
To tackle the rising death rate from asbestos-related diseases, the Health and Safety Executive (HSE) has launched a campaign, Asbestos: The Hidden Killer, which is running throughout October and November 2008 to educate today's tradesmen about the danger that asbestos presents to them.
Figures issued by the Health and Safety Executive have revealed that every week, 20 tradesmen die from asbestos-related diseases, and this number is set to increase.
Steve Coldrick, Disease Reduction Director at the HSE explained why a major campaign has been launched to raise awareness of the real risk that tradesmen face, "Exposure to asbestos is the biggest single cause of work-related deaths, with around 4,000 people a year dying from asbestos-related disease. The overall number of deaths is rising because a large number of workers who have already been exposed to asbestos dust around 40 years ago will go on to develop mesothelioma, a terminal cancer or other asbestos related diseases."
Dagenham & Redbridge FC are lending their support to the campaign by hosting a media opportunity at their ground in Dagenham with HSE Inspector Ron Wright and John Towersey, an active member of the Barking and Dagenham Asbestos Victims Support Group, who also suffers from mesothelioma, a fatal cancer which is caused by exposure to asbestos fibres.
John Towersey, a 60 year old carpenter and father of three, was diagnosed with mesothelioma five years ago., and now plays a huge role in the Barking and Dagenham Support Group for fellow mesothelioma sufferers, providing advice, information and support.
John has strong feelings about the subject and his message to joiners and tradespeople is clear; "The issue of asbestos did not disappear when the substance was banned. Don't you owe it to your workmates, your family and yourself to find out more?"
Even today asbestos presents a real and relevant risk to plumbers, joiners, electricians and many other maintenance workers. Asbestos may be present in any building constructed or refurbished before the year 2000, and it is estimated that around 500,000 non-domestic buildings could contain asbestos. These buildings all need repair and maintenance work from time to time and when the asbestos fibres are disturbed e.g. by drilling or cutting, they are likely to be inhaled as a deadly dust.
1,000 (25%) of the 4,000 now dying each year are tradesmen and while the number of deaths in traditional industries has plateaued, deaths in trades continue to rise.
Jill Morrell, Head of Public Affairs at the British Lung Foundation said, "Sadly, for many who have been exposed to asbestos dust it's too late - asbestos-related diseases have a long latency and therefore creating awareness for the future is very important."
For Mesothelioma Mortality figures in Great Britain from 1981-2005 and other details, please click here.
Tradesmen can get a free asbestos information pack by calling 0845 345 0055 or by visiting http://www.hse.gov.uk/hiddenkiller for further information. The free information pack provides information on the dangers of asbestos, highlighting where asbestos-containing materials may be present in buildings, what they look like, how they should be dealt with and where to find training.
For further information please contact: Nick Mann, COI News and PR, 020 7261 8395 Irfan Ahmed, COI News and PR, 0207261 8872
HSE's Infoline Tel: 0845 345 0055 Textphone: 0845 408 9577 e-mail: hse.infoline@natbrit.comThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it
Issued on behalf of the Health and Safety Executive by COI News and PR London
COI ref 166951P
Article by marin2008
Monday, October 6, 2008
LegalView Reports Family's Loss of Father Who Died of Asbestos Diseases
LegalView.com, the most comprehensive legal resource available on the Web, recently informed mesothelioma information blog readers of a family's loss because of asbestos related conditions. The man, Omar Phillips, whose family is currently seeking damages from his former employer, worked as a pipe fitter and a welder at which time he was allegedly exposed to deadly levels of asbestos fibers. Phillips died of lung cancer and has allegedly been exposed to toxic levels of asbestos without warning of the dangers of the fibers or ensuring safety precautions were taken. His family is seeking compensatory damages against Exxon Mobil after having filed a lawsuit (case no. D182-349) in the 136th District Court. Individuals who feel they may also be at risk for developing asbestos related illnesses such as mesothelioma, should contact an experienced mesothelioma attorney to better understand the legalities surrounding the risks for developing the deadly condition.
Mesothelioma cancer, along with asbestosis, are conditions developed after the inhalation of asbestos fibers occurs. The lining of the lungs begin to form cancerous cells and years after initial exposure, the cancer begins to show signs of side effects, by which time it is often too late to find a successful treatment. Asbestos was heavily mined throughout the world during the 20th century, it was often used within the construction industry as a durable insulation that was cost-effective to product as well as fire-retardant to reduce the number of construction and home fires. The asbestos-laden insulation was implemented into millions, if not billions, of homes, offices, apartment buildings, hospitals, schools, universities and government buildings. Currently, these buildings remain at risk for asbestos exposure because it remains too costly to remove all of the asbestos used throughout the country.
The Environmental Protection Agency (EPA) has developed regulations for the safe removal of asbestos because once the particles become airborne they become an extremely dangerous risk for anyone nearby. Those who may have developed mesothelioma cancer should not only contact a physician but may want to contact a mesothelioma law firm as well that can provide a variety of knowledgeable mesothelioma lawyers to choose from in the event that a mesothelioma lawsuit needed to be created. For more information on mesothelioma cancer, visit http://mesothelioma-law-now.com/.
In addition to providing detailed legal information and advice on mesothelioma cancer, LegalView also maintains a library of legal issues with informative, current news articles and U.S. Food and Drug Administration (FDA) advisories. For example, LegalView recently launched its Cimzia information portal and has continued to provide the most up-to-date information to victims of the potentially fatal prescription drug. Cimzia, which is an immunosuppressant, is part of a family of drugs known as TNF blockers or TNF inhibitors. The drugs treat a variety of conditions including juvenile and rheumatoid arthritis and Crohn's disease. However, the FDA recently launched an investigation into the TNF blockers after several serious side effects came to light regarding the drugs. Some of the Cimzia side effects include the development of cancer among young adults and children patients as well as developing fatal infections among certain populations of patients. The FDA has announced it will increase the labeling of the drug, but no recall has been issued for any of the drugs, which include Humira, Remicade and Enbrel.
Another legal topic that LegalView continues to provide extensive information about is that of truck accidents. It has been foun that truck accidents are among the most fatal and costly of all vehicular accidents that occur. LegalView provides information on the latest truck accident jury verdicts as well as statistics on truck accidents, type of accidents that can occur and common causes of truck accident wrecks. Additionally, LegalView offers information on how to contact experienced legal counsel to ensure that an individual does not continue to be victimized after a truck accident occurs and receives monetary compensation for their loss when a truck accident lawsuit is developed.
About LegalView:
LegalView.com is a public service brought to you by Legal WebTV Network, LLC, a Limited Liability Corporation created by a group of the nation's most highly respected law firms: Anapol Schwartz; Brent Coon and Associates; Burg Simpson; Cohen, Placitella and Roth; James F. Humphreys and Associates; Lopez McHugh; and Thornton and Naumes. For more information on the accomplishments and track records of LegalView.com's superior sponsoring law firms and to get in touch with LegalView attorneys, visit LegalView at www.LegalView.com/.
source
Mesothelioma cancer, along with asbestosis, are conditions developed after the inhalation of asbestos fibers occurs. The lining of the lungs begin to form cancerous cells and years after initial exposure, the cancer begins to show signs of side effects, by which time it is often too late to find a successful treatment. Asbestos was heavily mined throughout the world during the 20th century, it was often used within the construction industry as a durable insulation that was cost-effective to product as well as fire-retardant to reduce the number of construction and home fires. The asbestos-laden insulation was implemented into millions, if not billions, of homes, offices, apartment buildings, hospitals, schools, universities and government buildings. Currently, these buildings remain at risk for asbestos exposure because it remains too costly to remove all of the asbestos used throughout the country.
The Environmental Protection Agency (EPA) has developed regulations for the safe removal of asbestos because once the particles become airborne they become an extremely dangerous risk for anyone nearby. Those who may have developed mesothelioma cancer should not only contact a physician but may want to contact a mesothelioma law firm as well that can provide a variety of knowledgeable mesothelioma lawyers to choose from in the event that a mesothelioma lawsuit needed to be created. For more information on mesothelioma cancer, visit http://mesothelioma-law-now.com/.
In addition to providing detailed legal information and advice on mesothelioma cancer, LegalView also maintains a library of legal issues with informative, current news articles and U.S. Food and Drug Administration (FDA) advisories. For example, LegalView recently launched its Cimzia information portal and has continued to provide the most up-to-date information to victims of the potentially fatal prescription drug. Cimzia, which is an immunosuppressant, is part of a family of drugs known as TNF blockers or TNF inhibitors. The drugs treat a variety of conditions including juvenile and rheumatoid arthritis and Crohn's disease. However, the FDA recently launched an investigation into the TNF blockers after several serious side effects came to light regarding the drugs. Some of the Cimzia side effects include the development of cancer among young adults and children patients as well as developing fatal infections among certain populations of patients. The FDA has announced it will increase the labeling of the drug, but no recall has been issued for any of the drugs, which include Humira, Remicade and Enbrel.
Another legal topic that LegalView continues to provide extensive information about is that of truck accidents. It has been foun that truck accidents are among the most fatal and costly of all vehicular accidents that occur. LegalView provides information on the latest truck accident jury verdicts as well as statistics on truck accidents, type of accidents that can occur and common causes of truck accident wrecks. Additionally, LegalView offers information on how to contact experienced legal counsel to ensure that an individual does not continue to be victimized after a truck accident occurs and receives monetary compensation for their loss when a truck accident lawsuit is developed.
About LegalView:
LegalView.com is a public service brought to you by Legal WebTV Network, LLC, a Limited Liability Corporation created by a group of the nation's most highly respected law firms: Anapol Schwartz; Brent Coon and Associates; Burg Simpson; Cohen, Placitella and Roth; James F. Humphreys and Associates; Lopez McHugh; and Thornton and Naumes. For more information on the accomplishments and track records of LegalView.com's superior sponsoring law firms and to get in touch with LegalView attorneys, visit LegalView at www.LegalView.com/.
source
Monday, September 15, 2008
Iowa Mesothelioma Civil Suit - Tort Reform Varies By State
Texas voters passed Proposition 12 in 2003, which caps non-economic damages, as an amendment to the state’s constitution. According to a September 8, 2008 article by Amy Lynne Sorrell that appeared on the American Medical Association website, other states have followed Texas’ lead. North Carolina, Colorado and Wisconsin have also set limits to non-economic damages, according to the article.
Opponents of the caps say that the law unfairly benefits doctors. The AMA.org article cited the former past president of the Texas Trial Lawyers Association, Jay Harvey, who said that more plaintiff attorneys are refusing medical liability cases because it’s no longer economically feasible.
In a related story, an Iowa Mesothelioma civil suit names 72 defendants and seeks several hundred thousand dollars. According to an article by Kelly Holleran that appeared in the MadisonRecord.com website on September 8, 2008, Leona Pettibone claims that she became ill with Mesothelioma because of her husband Jerry Pettibone’s work around asbestos at Union Carbide. She claims, according to the article, that asbestos dust from her husband’s work clothes caused the rare cancer. Jerry Pettibone worked at Union Carbide from 1965 to 1986.
The article did not list any of the other firms named in the lawsuit. The suit claims that the defendants should have anticipated and prevented the asbestos exposure. Mesothelioma is a cancer that usually attacks the protective covering of the lungs or heart.
Sources:
AMA News
The Madison Record
WiredPRNews.com - News Distribution for Lawyers
Opponents of the caps say that the law unfairly benefits doctors. The AMA.org article cited the former past president of the Texas Trial Lawyers Association, Jay Harvey, who said that more plaintiff attorneys are refusing medical liability cases because it’s no longer economically feasible.
In a related story, an Iowa Mesothelioma civil suit names 72 defendants and seeks several hundred thousand dollars. According to an article by Kelly Holleran that appeared in the MadisonRecord.com website on September 8, 2008, Leona Pettibone claims that she became ill with Mesothelioma because of her husband Jerry Pettibone’s work around asbestos at Union Carbide. She claims, according to the article, that asbestos dust from her husband’s work clothes caused the rare cancer. Jerry Pettibone worked at Union Carbide from 1965 to 1986.
The article did not list any of the other firms named in the lawsuit. The suit claims that the defendants should have anticipated and prevented the asbestos exposure. Mesothelioma is a cancer that usually attacks the protective covering of the lungs or heart.
Sources:
AMA News
The Madison Record
WiredPRNews.com - News Distribution for Lawyers
Friday, September 12, 2008
Michigan Man Claims Mesothelioma In Madison County Suit
A Michigan man and his wife have filed an asbestos suit against 69 defendant corporations, claiming the mesothelioma with which the man was diagnosed was wrongfully caused.
James P. and Esther P. Jajuga claim James was diagnosed with the disease June 6, according to a lawsuit filed Sept. 8 in Madison County Circuit Court.
They say James worked for his father at John Jajuga from 1946 until 1951. James also worked from 1950 until 1992 performing various jobs in Michigan and Ohio. They state James's exposure was foreseeable and should have been anticipated by the defendants, according to the lawsuit.
The Jajugas allege the asbestos-related disease disabled and disfigured James and has caused substantial medical costs. James also has and will continue to experience physical pain and mental anguish, they claim in the lawsuit.
Mesothelioma hindered and prevented James from pursuing her normal course of employment, according to the suit.
As a result, he lost large sums of money, the Jajugas claims.
Because of the disease, Esther claims she has been deprived of the companionship, society and services of James.
In the 10-count lawsuit, the couple is seeking sums in excess of $100,000, economic damages in excess of $150,000, punitive and exemplary damages in excess of $100,000, compensatory damages in excess of $100,000, and for other relief the Court deems appropriate.
They also seek punitive damages in an amount sufficient to punish Sprinkmann Sons Corporation and Sprinkmann Insulation, Inc., for their misconduct and to deter similarly situated parties from committing like acts in the future.
They are represented by Randy L. Gori of Gori, Julian & Associates in Alton.
News article By Kelly Holleran for The Madison Record.
Source
James P. and Esther P. Jajuga claim James was diagnosed with the disease June 6, according to a lawsuit filed Sept. 8 in Madison County Circuit Court.
They say James worked for his father at John Jajuga from 1946 until 1951. James also worked from 1950 until 1992 performing various jobs in Michigan and Ohio. They state James's exposure was foreseeable and should have been anticipated by the defendants, according to the lawsuit.
The Jajugas allege the asbestos-related disease disabled and disfigured James and has caused substantial medical costs. James also has and will continue to experience physical pain and mental anguish, they claim in the lawsuit.
Mesothelioma hindered and prevented James from pursuing her normal course of employment, according to the suit.
As a result, he lost large sums of money, the Jajugas claims.
Because of the disease, Esther claims she has been deprived of the companionship, society and services of James.
In the 10-count lawsuit, the couple is seeking sums in excess of $100,000, economic damages in excess of $150,000, punitive and exemplary damages in excess of $100,000, compensatory damages in excess of $100,000, and for other relief the Court deems appropriate.
They also seek punitive damages in an amount sufficient to punish Sprinkmann Sons Corporation and Sprinkmann Insulation, Inc., for their misconduct and to deter similarly situated parties from committing like acts in the future.
They are represented by Randy L. Gori of Gori, Julian & Associates in Alton.
News article By Kelly Holleran for The Madison Record.
Source
LegalView Informs Americans of Potentially Dangerous Risk of Asbestos Exposure in Home Attic Insulation
The risk is now creeping into our homes ... Is yours truly safe?
LegalView, the most comprehensive resource for everything legal on the Web, reported the details of the risk of asbestos-riddled insulation in home attics across the country. According to news reports, homes built between the 1920s and 1980s are likely to contain insulation derived from vermiculite that was contaminated with asbestos. Asbestos is a mineral that, when inhaled, causes a deadly form of lung cancer to develop on the lining of the lungs. The cancer, known as mesothelioma, can remain dormant within the body for decades before symptoms become apparent, at which point the cancer becomes untreatable. Individuals who suffer from this cancer are advised to speak with an experienced mesothelioma attorney to better understand the potential for developing a mesothelioma lawsuit.
To read the entire text, please click here
About LegalView:
LegalView.com is a public service brought to you by Legal WebTV Network, LLC, a Limited Liability Corporation created by a group of the nation's most highly respected law firms: Anapol Schwartz; Brent Coon and Associates; Burg Simpson; Cohen, Placitella and Roth; James F. Humphreys and Associates; Lopez McHugh; and Thornton and Naumes. For more information on the accomplishments and track records of LegalView.com's superior sponsoring law firms and to get in touch with LegalView attorneys, visit LegalView at www.LegalView.com.
LegalView, the most comprehensive resource for everything legal on the Web, reported the details of the risk of asbestos-riddled insulation in home attics across the country. According to news reports, homes built between the 1920s and 1980s are likely to contain insulation derived from vermiculite that was contaminated with asbestos. Asbestos is a mineral that, when inhaled, causes a deadly form of lung cancer to develop on the lining of the lungs. The cancer, known as mesothelioma, can remain dormant within the body for decades before symptoms become apparent, at which point the cancer becomes untreatable. Individuals who suffer from this cancer are advised to speak with an experienced mesothelioma attorney to better understand the potential for developing a mesothelioma lawsuit.
To read the entire text, please click here
About LegalView:
LegalView.com is a public service brought to you by Legal WebTV Network, LLC, a Limited Liability Corporation created by a group of the nation's most highly respected law firms: Anapol Schwartz; Brent Coon and Associates; Burg Simpson; Cohen, Placitella and Roth; James F. Humphreys and Associates; Lopez McHugh; and Thornton and Naumes. For more information on the accomplishments and track records of LegalView.com's superior sponsoring law firms and to get in touch with LegalView attorneys, visit LegalView at www.LegalView.com.
Wednesday, September 10, 2008
Asbestos worker started in teens
I agree that this is just another sad episode. But I hope, less of these will be happening in the future. Tragedy started 30 years back. And probably there are more cases that are dormant as of yet. That thought is pretty scary. Read on from Nadia Jefferson-Brown for The Press
ANOTHER victim has been claimed by York’s asbestos time bomb.
An inquest heard how Keith Wright was just a teenager when he joined York Carriageworks as an apprentice, and he spent more than 30 years as a coach builder – during which time he was exposed to asbestos dust.
Born in York in 1949, he died at the home he shared with his wife, Ruth, on April 24 this year.
Mrs Wright, a school bursar, said in a statement that her husband stayed at the works until it closed, before joining a Wakefield firm until 2005.
He was fit and healthy until December that year when he developed chest problems. He was diagnosed with asbestos-related malignant mesothelioma in 2005.
Surgery was considered, but he chose to have chemotherapy. His condition remained quite stable until 2007, said Mrs Wright, but he grew weaker towards the end of that year and his condition rapidly deteriorated from Easter 2008. Reading from medical statements, deputy coroner Jonathan Leach told the inquest at Sentinel House, Peasholme Green, in York, that his death was a result of the malignant mesothelioma.
Mesothelioma is a cancer that can develop many decades after exposure to asbestos dust. York-based Corries Solicitors, which dealt with and settled Mr Wright’s claim for compensation from his employers, provided the inquest with a witness statement signed by Mr Wright in April 2006 following his diagnosis.
In the document, he outlined his work history, explaining how he started work at the York Carriageworks in Easter 1965 as an apprentice.
He described working in the repair shop and being exposed to blue asbestos, as well as working in various parts of the carriageworks at different times, where he also came into contact with asbestos.
Mr Leach recorded a verdict of death by industrial disease, as a result of asbestos-related malignant mesothelioma which was caused by exposure to asbestos.
Speaking after the inquest, campaigner Paul Cooper, a former union leader at the carriageworks, paid tribute to Mr Wright.
“I knew Keith from when he started as an apprentice. He was a lovely lad. He played football and the guitar. He was pretty good.”
Describing him as “a very forthright and upright man”, he said: “From what I heard from his close colleagues and friends, he dealt with his diagnosis extremely well. He was a very strong character.”
Mr Cooper said he believed about 110 former workers at York Carriageworks had now died from asbestos-related illnesses such as mesothelioma.
“It is just another shocking episode,” he said of Mr Wright’s death.
Source
ANOTHER victim has been claimed by York’s asbestos time bomb.
An inquest heard how Keith Wright was just a teenager when he joined York Carriageworks as an apprentice, and he spent more than 30 years as a coach builder – during which time he was exposed to asbestos dust.
Born in York in 1949, he died at the home he shared with his wife, Ruth, on April 24 this year.
Mrs Wright, a school bursar, said in a statement that her husband stayed at the works until it closed, before joining a Wakefield firm until 2005.
He was fit and healthy until December that year when he developed chest problems. He was diagnosed with asbestos-related malignant mesothelioma in 2005.
Surgery was considered, but he chose to have chemotherapy. His condition remained quite stable until 2007, said Mrs Wright, but he grew weaker towards the end of that year and his condition rapidly deteriorated from Easter 2008. Reading from medical statements, deputy coroner Jonathan Leach told the inquest at Sentinel House, Peasholme Green, in York, that his death was a result of the malignant mesothelioma.
Mesothelioma is a cancer that can develop many decades after exposure to asbestos dust. York-based Corries Solicitors, which dealt with and settled Mr Wright’s claim for compensation from his employers, provided the inquest with a witness statement signed by Mr Wright in April 2006 following his diagnosis.
In the document, he outlined his work history, explaining how he started work at the York Carriageworks in Easter 1965 as an apprentice.
He described working in the repair shop and being exposed to blue asbestos, as well as working in various parts of the carriageworks at different times, where he also came into contact with asbestos.
Mr Leach recorded a verdict of death by industrial disease, as a result of asbestos-related malignant mesothelioma which was caused by exposure to asbestos.
Speaking after the inquest, campaigner Paul Cooper, a former union leader at the carriageworks, paid tribute to Mr Wright.
“I knew Keith from when he started as an apprentice. He was a lovely lad. He played football and the guitar. He was pretty good.”
Describing him as “a very forthright and upright man”, he said: “From what I heard from his close colleagues and friends, he dealt with his diagnosis extremely well. He was a very strong character.”
Mr Cooper said he believed about 110 former workers at York Carriageworks had now died from asbestos-related illnesses such as mesothelioma.
“It is just another shocking episode,” he said of Mr Wright’s death.
Source
Saturday, September 6, 2008
New Asbestos Lawsuits Filed in West Virginia
It used to be better benefits for one who renders extensive years of service to a company...not cancer.
Recently in Kanawha County, West Virginia, two asbestos-related lawsuits have been filed concerning lung cancer.
The first suit involves James William Davis Jr., who filed an asbestos-related lawsuit naming 74 defendant corporations. The lawsuit was filed on July 18 in the Kanawha County Circuit Court.
Davis worked at A.K. Steel and Allied Chemical between 1967 and 1971. He also worked as a laborer between 1981 and 1997. Davis alleges that at some point during his employment he was exposed to asbestos and developed lung cancer as a result.
According to the lawsuit, Davis is claiming punitive damages for mental and physical pain, as well as the loss of quality and enjoyment of life. He is also seeking compensation for medical bills.
In another lawsuit, Ohio resident Ruth E. Davis has filed on behalf of her late husband, John E. Davis, who recently passed away from lung cancer. The lawsuit was filed on July 25 in Kanawha County Circuit Court.
From 1964 to 1976, John Davis was employed as a machinist for Consolidated Rail. Between 1977 until 1992, he also worked for CSX Transportation.
The lawsuit names both Consolidated Rail and CSX Transportation as defendants, and claims Davis was exposed to a variety of chemicals, including asbestos and diesel exhaust.
Ruth Davis’ three-count lawsuit alleges her husband was not informed about the dangers of working with and around these hazardous substances.
Recently in Kanawha County, West Virginia, two asbestos-related lawsuits have been filed concerning lung cancer.
The first suit involves James William Davis Jr., who filed an asbestos-related lawsuit naming 74 defendant corporations. The lawsuit was filed on July 18 in the Kanawha County Circuit Court.
Davis worked at A.K. Steel and Allied Chemical between 1967 and 1971. He also worked as a laborer between 1981 and 1997. Davis alleges that at some point during his employment he was exposed to asbestos and developed lung cancer as a result.
According to the lawsuit, Davis is claiming punitive damages for mental and physical pain, as well as the loss of quality and enjoyment of life. He is also seeking compensation for medical bills.
In another lawsuit, Ohio resident Ruth E. Davis has filed on behalf of her late husband, John E. Davis, who recently passed away from lung cancer. The lawsuit was filed on July 25 in Kanawha County Circuit Court.
From 1964 to 1976, John Davis was employed as a machinist for Consolidated Rail. Between 1977 until 1992, he also worked for CSX Transportation.
The lawsuit names both Consolidated Rail and CSX Transportation as defendants, and claims Davis was exposed to a variety of chemicals, including asbestos and diesel exhaust.
Ruth Davis’ three-count lawsuit alleges her husband was not informed about the dangers of working with and around these hazardous substances.
OSHA Cites El Dorado Refinery For Asbestos Violations
It so disturbs me to read stories of committed violations on occupational safety knowing fully well that precious lives are at stake, as reported in the following partial news item from Asbestos.com News.
However, stories of courage defending his rights give us hope that eventually all our workplaces will be made a lot safer, like in the second report taken from Mesothelioma Cancer Center News.
The United States Department of Labor Occupational Safety and Health Administration has issued a citation to the Frontier El Dorado Refining Co. of El Dorado, Kansas for two willful violations of federal health and safety standards. OSHA has proposed fines totaling $140,000 as penalty for the violations.
OSHA inspected the premises of the Frontier El Dorado Refining Co. on March 25, after the agency received several complaints that employees at the refinery were in danger of asbestos exposure.
Approximately 100 employees working for subcontractors were exposed to airborne asbestos that was being emitted from thermal insulation.A major concern for the employees exposed to asbestos is the risk of developing asbestos-related disease, such as asbestosis or mesothelioma cancer.
Charles E. Adkins, the OSHA’s regional administrator in Kansas City, said, “Our inspection revealed Frontier El Dorado Refining Co. did not require subcontractors at its facility to comply with OSHA regulations while handling asbestos-containing material. Employers must remain dedicated to keeping the workplace safe and healthful for all employees at its facility.”
Unfortunately, this isn’t the only time the Frontier El Dorado Refining Co. has been cited by OSHA. The company was cited in December 2007 for 18 serious violations and one willful violation, with penalties totaling $153,500.
Currently the company is contesting the violations it received last year.
However, stories of courage defending his rights give us hope that eventually all our workplaces will be made a lot safer, like in the second report taken from Mesothelioma Cancer Center News.
The United States Department of Labor Occupational Safety and Health Administration has issued a citation to the Frontier El Dorado Refining Co. of El Dorado, Kansas for two willful violations of federal health and safety standards. OSHA has proposed fines totaling $140,000 as penalty for the violations.
OSHA inspected the premises of the Frontier El Dorado Refining Co. on March 25, after the agency received several complaints that employees at the refinery were in danger of asbestos exposure.
Approximately 100 employees working for subcontractors were exposed to airborne asbestos that was being emitted from thermal insulation.A major concern for the employees exposed to asbestos is the risk of developing asbestos-related disease, such as asbestosis or mesothelioma cancer.
Charles E. Adkins, the OSHA’s regional administrator in Kansas City, said, “Our inspection revealed Frontier El Dorado Refining Co. did not require subcontractors at its facility to comply with OSHA regulations while handling asbestos-containing material. Employers must remain dedicated to keeping the workplace safe and healthful for all employees at its facility.”
Unfortunately, this isn’t the only time the Frontier El Dorado Refining Co. has been cited by OSHA. The company was cited in December 2007 for 18 serious violations and one willful violation, with penalties totaling $153,500.
Currently the company is contesting the violations it received last year.
Friday, September 5, 2008
The Poster Child for Hope after Meso
It is so heartwarming to receive news of hope and healing. The following partial news from Star Tribune contributor, PAT PHEIFER is truly uplifiting. Let us stay vigilant in defeating cancer. Many are still suffering.
Heather Von St. James calls herself "the poster child for hope after meso." She has been disease free for 2 1/2 years after a radical surgery and treatment for the asbestos-related cancer -- mesothelioma.
Dying was not an option, Heather Von St. James says as her 3-year-old daughter, Lily, rushes in and out of the dining room, climbing on her lap, then dashing off again. ¶ But dying was a terrifying possibility when doctors found a lump the size of an orange in Von St. James's left lung when Lily was only 3 months old. The diagnosis was mesothelioma -- a rare and often fatal form of lung cancer caused by exposure to asbestos.
Now, just over 2 1/2 years after undergoing radical surgery to remove her left lung, the lining around her heart, half of her diaphragm, her sixth rib and a few lymph nodes to be on the safe side, all traces of the cancer are gone.
"I claim cured," says Von St. James.
Dr. David Sugarbaker, who heads the International Mesothelioma Program at Brigham & Women's Hospital in Boston, said Von St. James is a shining example of the progress he is beginning to see in the fight against a disease that traditionally carried a maximum survival of 12 to 18 months.
"I am the poster child for hope after meso," the 39-year-old Roseville woman said.
Sugarbaker, who treated Von St. James, is only slightly more circumspect. "What I can say is that right now in this present moment she is disease-free," he said.
About 2,000 cases of mesothelioma are diagnosed in the United States each year, according to the National Cancer Institute. Unusually high rates of the disease have been reported among men from Minnesota's Iron Range since the late 1980s. The state Department of Health has so far identified 59 cases among mine workers and is planning a study with the University of Minnesota aimed at determining what might have caused the illness.
Heather Von St. James calls herself "the poster child for hope after meso." She has been disease free for 2 1/2 years after a radical surgery and treatment for the asbestos-related cancer -- mesothelioma.
Dying was not an option, Heather Von St. James says as her 3-year-old daughter, Lily, rushes in and out of the dining room, climbing on her lap, then dashing off again. ¶ But dying was a terrifying possibility when doctors found a lump the size of an orange in Von St. James's left lung when Lily was only 3 months old. The diagnosis was mesothelioma -- a rare and often fatal form of lung cancer caused by exposure to asbestos.
Now, just over 2 1/2 years after undergoing radical surgery to remove her left lung, the lining around her heart, half of her diaphragm, her sixth rib and a few lymph nodes to be on the safe side, all traces of the cancer are gone.
"I claim cured," says Von St. James.
Dr. David Sugarbaker, who heads the International Mesothelioma Program at Brigham & Women's Hospital in Boston, said Von St. James is a shining example of the progress he is beginning to see in the fight against a disease that traditionally carried a maximum survival of 12 to 18 months.
"I am the poster child for hope after meso," the 39-year-old Roseville woman said.
Sugarbaker, who treated Von St. James, is only slightly more circumspect. "What I can say is that right now in this present moment she is disease-free," he said.
About 2,000 cases of mesothelioma are diagnosed in the United States each year, according to the National Cancer Institute. Unusually high rates of the disease have been reported among men from Minnesota's Iron Range since the late 1980s. The state Department of Health has so far identified 59 cases among mine workers and is planning a study with the University of Minnesota aimed at determining what might have caused the illness.
Tuesday, September 2, 2008
Mesothelioma Lawsuit in Texas Names 46 Defendants
Mesothelioma Cancer Center News Report
Davis has filed against a total of 46 defendants, which include A.W. Chesterton, Union Carbide, Goodrich, and Zurn Industries. The lawsuit claims these companies exposed Davis to asbestos or contributed to his exposure by developing, manufacturing, and distributing products that contained the hazardous substance.
According to the lawsuit, the defendants either knew or should have known about the dangers associated with asbestos exposure. The suit claims his exposure was foreseeable and should have been anticipated by the defendants.
The lawsuit also claims the defendants knew their products would enter the market without being inspected for defects. Davis believes the defendants conspired to suppress or misrepresent information that would have notified him about the dangers of asbestos.
The suit specifically states the “Defendants knowingly conspired among themselves to cause injuries, diseases, and illness and/or death by exposing him to asbestos,” and “committed conspiracy by willfully misrepresenting and suppressing the truth as to the risks and dangers associated with asbestos.”
Davis and Lou Thompson, a mesothelioma lawyer, are seeking punitive and exemplary damages, as well as compensation for emotional stress, lost income, loss of earning capacity, physical impairment, and medical expenses.
How many more workers will suffer because of unregulated asbestos exposure?
Orlando, FL 9/02/2008 06:42 PM GMT (TransWorldNews)
A man diagnosed with mesothelioma has filed an asbestos-related lawsuit claiming his disease was wrongfully caused. Tommy Davis filed the suit on August 26 in the Jefferson County District Court in Texas.
Davis has filed against a total of 46 defendants, which include A.W. Chesterton, Union Carbide, Goodrich, and Zurn Industries. The lawsuit claims these companies exposed Davis to asbestos or contributed to his exposure by developing, manufacturing, and distributing products that contained the hazardous substance.
According to the lawsuit, the defendants either knew or should have known about the dangers associated with asbestos exposure. The suit claims his exposure was foreseeable and should have been anticipated by the defendants.
The lawsuit also claims the defendants knew their products would enter the market without being inspected for defects. Davis believes the defendants conspired to suppress or misrepresent information that would have notified him about the dangers of asbestos.
The suit specifically states the “Defendants knowingly conspired among themselves to cause injuries, diseases, and illness and/or death by exposing him to asbestos,” and “committed conspiracy by willfully misrepresenting and suppressing the truth as to the risks and dangers associated with asbestos.”
Davis and Lou Thompson, a mesothelioma lawyer, are seeking punitive and exemplary damages, as well as compensation for emotional stress, lost income, loss of earning capacity, physical impairment, and medical expenses.
How many more workers will suffer because of unregulated asbestos exposure?
Subscribe to:
Posts (Atom)