Asbestos & Mesothelioma Law Blog

Understanding Your Legal Rights After a Mesothelioma Diagnosis

January 16, 2025 | Throneberry Law Group

Mesothelioma is an uncommon and aggressive cancer primarily caused by exposure to asbestos. If you have received a mesothelioma diagnosis, you may be wondering what to do next. While seeking immediate medical care should be your priority, understanding your legal rights is crucial. This is not just about seeking justice but also about securing your financial future and that of your loved ones. Let us dive into the rights you have after a mesothelioma diagnosis.

Right to Compensation

If you or someone close to you has received a mesothelioma diagnosis, you may qualify for compensation to help you cover the medical care you need, lost income, and other related damages. While compensation may not help cure mesothelioma, it can help pay for your medical bills, including future treatment and palliative care, while providing much-needed financial security for your loved ones.

How to File a Veterans’ Mesothelioma Claim: Step-by-Step Guide

January 14, 2025 | Throneberry Law Group

Mesothelioma mainly develops as a result of asbestos exposure, and many veterans in all branches of service, including the military, especially in the Navy, Marine Corps, and Coast Guard, were unfortunately heavily exposed to asbestos. If you are a veteran diagnosed with mesothelioma, you may qualify for monthly tax-free benefits and no-cost healthcare. Here is a step-by-step guide to filing a claim and securing the benefits you deserve.

Eligibility Criteria for Benefits

To receive mesothelioma-related United States Department of Veterans Affairs (VA) benefits, you must meet specific requirements, including the following:

Rhode Island Court Upholds Mesothelioma Victim’s Claims Against Johnson & Johnson Subsidiaries

January 10, 2025 | Throneberry Law Group

For purposes of this article, the claimants in this case will be referred to as S.S and B.S.

In a recent court decision, a Rhode Island judge ruled in favor of two plaintiffs, S.S. and B.S., a couple pursuing justice against Johnson & Johnson (J&J) in a mesothelioma lawsuit. S.S., a mesothelioma patient, and B.S., her husband, filed the lawsuit against more than 40 defendants, including two subsidiaries of Johnson & Johnson, who they blame for negligently exposing her to asbestos through their talc products. J&J and the two subsidiaries petitioned the court to substitute two other subsidiaries, but the judge presiding over the case denied the request.

S.S. and B.S. filed a lawsuit in March this year, citing exposure to asbestos-contaminated talc products as the cause of S’s mesothelioma. Among the many defendants, the two named in their lawsuit were LLT and Old Holdco, two J&J subsidiaries. Johnson & Johnson is facing many asbestos-related lawsuits, so to shift its legal focus, the giant pharmaceutical company tried to substitute two other subsidiaries. J&J asked the court to assign its liabilities to Pecos River Talc LLC and Johnson and Johnson Holdco Inc. J&J’s request was rooted in a corporate restructuring process the company claimed shifted its talc-related liabilities. In other words, according to Johnson & Johnson, Pecos and Johnson and Johnson Holdco are the defendants that should have been named in the lawsuit.

Judge Denies Crosby Valve’s Attempt to Avoid Mesothelioma Lawsuit

January 8, 2025 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as T.W. and his wife as J.W.

In a recent court decision, a judge denied a defendant’s motion for summary judgment and allowed a widow to proceed with her mesothelioma wrongful death claim. After J.W.’s husband died of malignant mesothelioma, a rare and aggressive form of cancer, she filed a wrongful death claim against the companies she blames for negligently exposing her husband to the asbestos that caused his illness. Among the many companies named in the lawsuit was Crosby Valve, LLC. This defendant tried to have the case dismissed by filing a motion for summary judgment. However, the judge presiding over the case denied that request.

According to Mrs. J.W.’s lawsuit against Crosby Valve, her husband suffered asbestos exposure in gaskets the company had recommended using together with their valves. The defendant argued that the widow had failed to prove that her late husband had been directly exposed to any asbestos products they had manufactured. Crosby argued that it was not obligated to warn about the dangers of third-party products used in combination with their valves.

Contractor’s Negligence in Harlem Construction Puts Workers and Residents at Risk of Mesothelioma

January 6, 2025 | Throneberry Law Group

In a troubling case that sheds light on the consequences of negligence, a New Jersey contractor pleaded guilty to endangering the lives of workers and residents by releasing asbestos in an East Harlem, New York neighborhood. The contractor, Jose Correa, released the dangerous substance during a construction project in the neighborhood. Correa risks being imprisoned for up to one year. How long he goes to jail is up to the judge presiding over the case in New York.

Asbestos is a dangerous mineral that was once widely used in several industries due to its attractive qualities. However, being exposed to asbestos carries significant health risks. Asbestos exposure can cause various illnesses, including mesothelioma and asbestosis. These diseases occur when a person inhales or ingests asbestos fibers, which get stuck in the body. Unfortunately, it can take many years for a person to develop an asbestos-related illness after initial exposure. Mesothelioma, for instance, can take 40 years or even more to develop after being exposed to asbestos. Despite the extensive knowledge about the risks of asbestos and the strict rules in place to prevent exposure, some individuals and companies still bypass the necessary precautions, resulting in significant harm.

Jose Correa failed to perform inspections and did not use asbestos abatement professionals during a construction project at an East Harlem supermarket. Instead of doing things right, the contractor opted to cut corners and do the work ‘on the cheap.’ Correa had his untrained employees perform this dangerous work that required specialized knowledge. He did not even provide workers with basic safety equipment, such as protective masks and suits. The contractor’s decision to neglect safety measures resulted in workers and close residents unknowingly being exposed to asbestos and being at risk of developing mesothelioma and other asbestos-related diseases.

Understanding Your Legal Rights After a Mesothelioma Diagnosis

January 3, 2025 | Throneberry Law Group

Mesothelioma is an uncommon and aggressive cancer primarily caused by exposure to asbestos. If you have received a mesothelioma diagnosis, you may be wondering what to do next. While seeking immediate medical care should be your priority, understanding your legal rights is crucial. This is not just about seeking justice but also about securing your financial future and that of your loved ones. Let us dive into the rights you have after a mesothelioma diagnosis.

Right to Compensation

If you or someone close to you has received a mesothelioma diagnosis, you may qualify for compensation to help you cover the medical care you need, lost income, and other related damages. While compensation may not help cure mesothelioma, it can help pay for your medical bills, including future treatment and palliative care, while providing much-needed financial security for your loved ones.

Mesothelioma Widow Manages to Return Foster Wheeler Lawsuit to Local Courts

January 2, 2025 | Throneberry Law Group

For purposes of this article, the mesothelioma widow, in this case, will be referred to as E.M. and her late husband as R.M.

In a recent legal development, a widow convinced a federal judge to return her lawsuit to local courts, defeating the defendant’s attempt to shift the case to federal jurisdiction. E.M. faced a heartbreaking loss when her husband, R.M., died from mesothelioma. After her loss, she filed a lawsuit against several companies she blames for her husband’s death. However, one defendant, Foster Wheeler (F.W.), tried to shift the case to federal court using the federal officer removal statute. E.M. successfully argued that her case was not connected to Navy vessels, convincing the court to let her case remain in local courts.

Mrs. E.M.’s husband, Mr. R.M., died in August 2023 from mesothelioma. Mesothelioma is a form of cancer caused by asbestos exposure. Asbestos is a harmful mineral that was once widely used in construction, shipbuilding, and manufacturing. This rare and aggressive illness affects the mesothelium, the protective layer surrounding most internal organs. Mrs. E.M. filed a mesothelioma claim against the companies she blames for her husband’s death in November of the same year. In her lawsuit, she indicated three locations where her husband was exposed to asbestos, one of them being Lockheed Shipbuilding Company. One of the defendants responded by asking Mrs. E.M. to share details about her husband’s employment history and worksites. E.M.’s responses did not mention any ships her husband had worked on or if he had worked on vessels or land. Later, she requested details about the company’s work at the Lockheed site.

Tips for Celebrating the Holidays With Mesothelioma

December 26, 2024 | Throneberry Law Group

There are many reasons to look forward to the holidays. The holidays are a time for loved ones to get together to enjoy traditions and create cherished memories. It is a time to give and receive gifts and eat delicious meals. However, for mesothelioma patients, the holiday season can bring unique challenges. Unfortunately, mesothelioma patients do not get a break from having cancer just because it is the holiday season, the same way people get a break from school or work. Mesothelioma, a cancer primarily caused by asbestos exposure, can cause pain and other symptoms that can make it difficult for patients to enjoy the festive season. Mesothelioma treatment and the side effects that come with it can also cause difficulties that interfere with the holiday spirit. However, it is not impossible for mesothelioma patients to fully enjoy the holidays. This article shares some tips to help mesothelioma patients enjoy the holiday season.

Modify or Create New Traditions

Instead of worrying about which tradition may be difficult to participate in, it can be helpful for mesothelioma patients to adjust their traditions to accommodate their health. This can include changing travel plans, the way decorations are done, or making simple meals. For instance, mesothelioma patients can ask family or friends to help with decorations. And if traveling is challenging, mesothelioma patients may consider hosting a holiday gathering at home. As a family member or friend to someone with mesothelioma, consider having a get-together at your place if the patient will be too stressed having guests.

Mesothelioma Victim Wins Case Against Honda Motors

December 22, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as M.C.W.

In a recent court decision, a mesothelioma victim prevailed against North American Honda Motor Co. Inc (Nissan) and was awarded $600,000 in damages. After M.C.W. was diagnosed with mesothelioma, he and his wife filed a personal injury lawsuit against several defendants he blamed for having exposed him to asbestos. Mesothelioma is an aggressive and fatal form of cancer that is caused by asbestos exposure. After hearing his case, a New York jury awarded him $300,000 for past pain and suffering and an additional $300,000 for future pain and suffering.

Mr. W’s case followed a pattern that is familiar to many mesothelioma victims. In many cases, mesothelioma victims face asbestos exposure from multiple sources. In M.C.W.’s initial lawsuit, he named several high-profile companies, including BMW of North America, American Honda Motor Company, American Biltrite, Ford Motor Company, Amchem Products, and General Electric. Some of these cases were dismissed during legal proceedings after the defendants filed petitions for summary judgment. Others were resolved through out-of-court settlements, which is how most mesothelioma claims are resolved. In the end, the only remaining defendant was Nissan.

Pennsylvania Superior Court Rules in Favor of Mesothelioma Widow in Insurance Dispute

December 18, 2024 | Throneberry Law Group

For purposes of this article, the deceased mesothelioma victim in this case will be referred to as R.L.S. or Mr. S and the widow as Mrs. S.

In a recent court decision, the Pennsylvania Superior Court ruled in favor of a widow pursuing a wrong death claim after losing her husband to mesothelioma. R.L.S. was diagnosed with malignant mesothelioma after suffering asbestos exposure while working with Penelec for over 20 years. Before his death, Mr. S and his wife filed a lawsuit against Penelec. After Mr. S died, his wife amended the complaint to include a wrongful death claim. Though Penelec’s insurance company contested its obligation to defend the employer against the claims, the Pennsylvania Superior Court ruled in favor of the widow and allowed the case to continue. This case highlights the complex way that insurance companies handle mesothelioma claims against victims’ employers.

After Mr. S’s diagnosis, he and his wife filed a lawsuit against Penelec for Mr. S’s occupational exposure. They alleged negligence, strict liability, breach of warranty, and failure to monitor medical risks. The lawsuit also included a claim for loss of consortium for Mrs. S. Sadly, R.L.S. passed away before his claim was resolved. After his death, his wife amended the complaint to include a wrongful death claim. The claim seeks damages for herself and her children. Penelec’s insurer, Continental Insurance Company, initially defended the employer but later withdrew, arguing that it was legally excluded from the lawsuit. Basically, what this means is that the policy did not cover such claims. According to the insurance company, Mr. S’s claims fell outside the scope of its liability. The insurance company cited the state’s workers’ compensation laws as grounds for exclusion.