Month: October 2020

A panel of judges for the New Jersey Superior Court’s Appeals Division recently revived a lawsuit brought on behalf of a man who claimed he developed mesothelioma from years of exposure to asbestos in lawn fertilizer made by Scotts. As part of their ruling, the three-judge panel determined that the lower trial court erred when it failed to reverse its order granting summary judgement to the defense after new evidence came to light.

The treatment options for mesothelioma have remained pretty constant throughout the last decade. Because of the aggressive nature of the cancer and number of cases discovered each year, new treatments are difficult to test. Currently, the best-known option for fighting this cancer is chemotherapy. Unfortunately, chemotherapy’s effectiveness is different for each person. However, a new article in the Oncology Nurse Advisor explores the role of radiation therapy in treating mesothelioma. Chemotherapy treatments target cancerous cells around the patient’s lungs.

An intermediate appeals court in New York recently denied a motion brought forth by a group of asbestos product related companies attempting to challenge the types of damages cancer victims can recover and the state’s special asbestos court system as a whole. The appeal comes a year after the courts modified their case management orders to allow plaintiffs to recover punitive damages in mesothelioma cancer lawsuits and less than one month after a state jury handed down a record breaking $60 million plaintiff’s verdict.

An asbestos cancer trial recently got under way in Circuit Court in Illinois over allegations thst the defendants knew about the asbestos contained in their products but did nothing to warn the plaintiff or others about the risk of asbestos exposure. The lawsuit names Iowa-Illinois Taylor Insulation, Inc. as the only remaining defendant in the case and seeks to recover compensation for medical bills, lost wages, pain and suffering, and other damages. As is common in many asbestos cancer lawsuits, the defendants would rather take their case to trial than accept responsibility for their negligence.