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
Search Here!
Custom Search
Tuesday, November 25, 2008
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
Subscribe to:
Posts (Atom)