Posts Tagged ‘mesothelioma law’

Causes of Mesothelioma

Thursday, June 10th, 2010

Causes of mesothelioma are usually pretty well-known among those who spend a significant amount of time dealing with mesothelioma litigation, and to any regular visitor of this blog, or its parent site, the Mesothelioma Help Network, this post likely won’t open any new eyes.  Nevertheless, we like to make sure that new visitors are caught up to speed about what makes this devastating, largely incurable disease strike.

There may be other causes of mesothelioma, but the one it’s most commonly associated with, especially as it pertains to mesothelioma law, is asbestos exposure.  Asbestos exposure was prevalent for centuries because, during that time, it was highly prized for its properties as an insulant and a fire retardant in the shipbuilding and construction industries.  The mineral’s fibrous form also made it much lighter than other alternatives, which was another reason it was so coveted.  However, its lightweight, fibrous nature allowed it to become airborne easily by workers mining for it.  And, once airborne, asbestos is easily inhaled.  It also settles on clothing, which can transport the fibers to a worker’s home, where his family members can inhale them.

Once inhaled, the fibers travel to the mesothelium, which is the lining of the lungs or the stomach.  There, the asbestos fibers cannot be broken down, so they remain, where they often cause the mesothelium cells to divide and subdivide unchecked.  Following a latency period lasting anywhere from 10 to 50 years, the cancer in the mesothelioma starts to rapidly advance, causing shortness of breath and a lingering cough.

Once the symptoms of mesothelioma begin to manifest themselves, the disease advances with what can be alarming rapidity.  The life expectancy of someone diagnosed with this brutal disease is often measured in months, not years.  Sadly, though promising treatments are being developed on a regular basis, there is no cure.

Mesothelioma Lawsuit Ends in $208 Million Decision

Monday, May 10th, 2010

Mesothelioma lawsuits have traditionally been high-stakes, but the outcome of a recent trial in California might be uncharted territory, as far as payout size is concerned.

According to an article found on the Surviving Mesothelioma site, jurors in a recent case involving a woman who allegedly contracted mesothelioma by washing her husband’s asbestos-tainted clothing ruled in her favor, awarding her $208.8 million in total damages.  Of that total, $8.8 million was compensatory, while $200 million was punitive.

The article states that Bobby Evans, a worker for the L.A. Department of Water and Power from 1974 to 1998, had to, among other things, had to cut asbestos cement pipes as part of his job’s duties.  These pipes, manufactured by CertainTeed Corporation, released asbestos fibers into the air when cut.  These fibers then settled into his clothing, which were then apparently released into the air when his wife, Rhoda, washed them.

Unfortunately, there is nothing new about this claim.  Many industries, but primarily the shipbuilding and construction ones, historically used asbestos as an insulator and a fire retardant.  It did both jobs well, and was a remarkably light material to boot, so it was highly prized.  Unfortunately, it also causes devastating lung diseases, including mesothelioma, asbestosis, and other debilitating cancers.  It decimated workers in those very industries that used it most.

What’s more, the lightweight fibers did have a tendency to get stuck in clothing and hair, which could then be disturbed in workers’ households and inhaled by his family.  Hence the very real possibility that this is indeed what happened to Rhoda Evans.

Though $208.8 million seems like a staggering payday, there’s a good chance that the final amount will be lowered in an appeal.  What’s more, mesothelioma is an absolutely ravaging disease, one that, as of now, has no apparent cure.  Despite constant improvements in mesothelioma treatment, the life expectancy of a victim is often measured in months, not years.

Mesothelioma Cases in Italy Ruled “Negligent Homicide”

Monday, May 3rd, 2010

Here’s an intriguing bit of news on the mesothelioma law front: three former executives of the massive, Trieste, Italy-based shipbuilding company Fincantieri have been convicted of “negligent homicide” in light of the fact that 37 employees died due to asbestos exposure.

According to an article posted on the Canadian news source site The Province, the three executives were jailed and given sentences ranging from three to 7 1/2 years.  A sum that was either undisclosed or not specifically reported by The Province, but was nevertheless noted to be in the millions of dollars, was also part of the damages secured.

The decision against the Fincantieri executives stems from the apparent fact that the shipbuilding company continued to use asbestos in the construction of its ships until 1999.  For a little perspective, Italy outlawed the use of asbestos as a construction material back in 1996.  The three years of oversight was enough for the court to find the former executives guilty.

Asbestos, a fibrous material used for its valuable insulation properties, was an integral element in the shipbuilding industry for many years.  Some of the many uses of asbestos in the field were the insulation of pipes, gaskets, boilers, and engines.  Unfortunately, asbestos also causes devastating lung diseases, among them mesothelioma, an insidious cancer that has no known cure.

It sounds like the plaintiffs in this case got what appears to be a pretty aggressive and savvy law firm working for them.  That’s good to hear.  Though a successful mesothelioma settlement can’t undo the ravages that this disease causes on a victim’s lungs, it can help mitigate the medical expenses left behind for the bereaved to deal with.  That can be useful, considering the massive and rapidly accruing expenses often associated with experimental treatments and quickly advancing diseases.

And, like the conviction of the former executives of Fincantieri might indicate, these settlements are also capable of achieving another purpose: justice.