Asbestos & Mesothelioma Law Blog

Five Crucial Things to Know About Asbestos and Mesothelioma

June 9, 2023 | Throneberry Law Group

If you or a loved one were diagnosed with mesothelioma, you might be eligible to file a legal claim against the party or parties responsible for the asbestos exposure and recover compensation for medical expenses, lost wages, and other damages. If the company responsible for the asbestos exposure declared bankruptcy, you may be eligible to file an asbestos trust fund claim. When it comes to asbestos and mesothelioma, there are several crucial things you need to know. This article discusses five of the most vital things you need to know about asbestos and mesothelioma.

Asbestos Has Been Used in Many Industries and Products

Because of its fiber strength and heat resistance, asbestos has been used in several industries. For example, it has been used in the construction and shipbuilding industry. Asbestos has been used in automotive and insulation manufacturing. This naturally-occurring mineral can also be found in, among others, the following materials and products:

Things to Be Positive for as a Mesothelioma Patient

June 5, 2023 | Throneberry Law Group

If you have been diagnosed with mesothelioma, you are likely going through a tough time trying to adjust to your new normal. You are likely struggling to remain positive while undergoing treatment. The battle with mesothelioma can make you feel like you have nothing to be thankful for. While it is understandable for mesothelioma patients to feel like there is no reason to be grateful, the truth is that there are several reasons to be thankful. As a mesothelioma patient, the following are some of the things you may be thankful for.

#1: Your Support System

Having a reliable support system is one of the biggest blessings when undergoing mesothelioma treatment. It is one of the best coping mechanisms. On days when you cannot do your usual tasks, like cleaning or going to the grocery store, your support system will be there for you.

The Louisiana Court of Appeal, Fourth Circuit Rejects Company’s Appeal of $36 Million Mesothelioma Verdict

May 24, 2023 | Throneberry Law Group

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

Mr. W.W. was exposed to asbestos during the 1960s and 1970s while working as a pipefitter and union welder for several plants. This was before the dangers of asbestos became known to many. Today, many people know about the dangers of asbestos and the role this substance plays in the development of fatal diseases like mesothelioma and asbestosis. Many years after asbestos exposure, Mr. W.W. was diagnosed with mesothelioma. A month after his diagnosis, he filed a mesothelioma claim against four companies he blamed for his asbestos exposure. Later, Mr. W.W. added thirty more companies to his claim. In 2022, the trial court awarded Mr. W.W. $36 million in damages, with Mr. W.W.’s former employer, Level 3, being ordered to pay $19.2 million. After the trial court made its decision, Level 3 petitioned for a new trial, but that request was denied. The company then decided to file an appeal. In a recent decision, the Louisiana Court of Appeal, Fourth Circuit rejected the company’s appeal and allowed Mr. W.W. to recover the damages awarded.

After the trial court awarded Mr. W.W. $36 million in damages, his former employer, Level 3, filed an appeal on several grounds. The company argued that during the original trial, mistakes were made. The company argued that the $36 million verdict was excessive and improper. According to Level 3, the verdict was based on emotion, compassion, and a desire to punish. The company argued that the judgment was not based on the law. In other words, the company claimed that the verdict was an abuse of discretion. Additionally, the company claimed that the trial court assigned them too great a portion of the $36 million verdict. Level 3 argued that Mr. W.W. should not have been allowed to pursue a strict liability argument against them and that the trial court made mistakes in some of their decisions regarding the evidence presented.

How to Care for Mesothelioma Patients Before and After Surgery

May 17, 2023 | Throneberry Law Group

There is still no cure for mesothelioma. Fortunately, there are various treatment options. One of the ways to treat mesothelioma is through surgery. Mesothelioma surgery can be conducted to cure cancer. This is achieved by removing the tumor from the tissue lining the abdomen or lung. This type of surgery is called curative surgery. Surgery can also be conducted to relieve pain and other symptoms caused by the tumor. This type of surgery is called palliative surgery. Most patients qualify for surgeries that relieve pain and symptoms.

If your loved one has mesothelioma and is about to undergo surgery, you may be wondering how to care for them before and after surgery. Below, we share some of the ways you can care for your loved one before and after mesothelioma surgery.

Caring for Your Loved One Before Mesothelioma Surgery

Chemotherapy for Mesothelioma

May 13, 2023 | Throneberry Law Group

Chemotherapy is a common mesothelioma treatment. This form of treatment involves using drugs aimed at killing cancer cells and helping slow tumor growth. Cisplatin and pemetrexed is the most popular mesothelioma drug combination. Other chemo drugs that can be used to treat mesothelioma include carboplatin, vinorelbine, and gemcitabine. And while, often, chemo drugs are given as combinations of two drugs, single drugs can be used in patients who cannot tolerate more than one drug. Read on to learn more about chemotherapy for mesothelioma.

How is Chemotherapy Given?

Usually, chemotherapy is given in cycles, with every treatment period being followed by a rest period. Rest is crucial as it helps the patient’s body to recover. Generally, chemotherapy cycles last about three to four weeks.

A New York Court Rules That a General Contractor Must Face Mesothelioma Victim’s Family in Court

May 3, 2023 | Throneberry Law Group

Asbestos can cause many health problems, including mesothelioma and asbestosis. There are different types of asbestos, and all can cause health problems. People who have suffered asbestos exposure and developed severe health problems have the right to take legal action against those who are to blame for their exposure. Often, asbestos exposure victims blame their exposure on producers, bosses, and others who had the duty to protect them. The family of such a victim filed a mesothelioma claim against a general contractor who failed to uphold his responsibility to provide workers with a safe working environment. The defendant tried to have the lawsuit dismissed, but the court ruled that the case should proceed to court and be decided by a jury.

After M.F. developed mesothelioma, a lawsuit was filed for his estate seeking compensation from multiple defendants. One of the defendants named in the case is Structure Tone, a general contractor. According to the lawsuit, the G.C. is guilty of negligence and violating NY’s Labor Law 200. Negligence claims in NY are based on a person’s duty to give the standard of care that a reasonably prudent person would under the same circumstances. Negligence relies upon an individual having power over the action that resulted in harm. The state’s labor law in question here follows the same principles. In this case, the plaintiff claims that the G.C. failed to provide workers with a reasonably safe working environment and that the failure to provide a safe working environment resulted in asbestos exposure and, thus, the development of mesothelioma.

The general contractor filed a motion to dismiss the claim on the ground that it could not have contributed to the victim’s illness. According to the courts, a party facing negligence accusations in a mesothelioma claim or another similar claim can have the case dismissed if they can unambiguously show they could not have played a part in causing the victim’s injury or illness. In other words, they can have the case dismissed if they provide evidence that convinces the court, without any doubt, that they couldn’t have contributed to the victim’s injury or illness. According to the G.C., M.F.’s testimony didn’t show he had suffered asbestos exposure at the locations he could remember working. The company’s executive V.P. also provided testimony that the company and its subcontractors hadn’t used asbestos-contaminated materials.

Can Teenagers Be Diagnosed With Mesothelioma?

April 21, 2023 | Throneberry Law Group

Mesothelioma occurs because of asbestos exposure. The people at significant risk of developing mesothelioma are those whose jobs expose them to asbestos, such as construction workers. Also, often such people develop mesothelioma later in life. This is because mesothelioma has a long latency period. Mesothelioma can take decades to develop after asbestos exposure. However, if you are wondering if teenagers can be diagnosed with mesothelioma, the answer is yes, they can. While mesothelioma among teenagers is rare, there have been cases of mesothelioma in teenagers.

It is important not to assume that young people cannot develop mesothelioma. It is crucial to be wary of doctors who refuse to consider the possibility that young people could develop mesothelioma, as that could result in a delayed diagnosis. Below, we discuss some of the main ways children can get exposed to asbestos and the symptoms of mesothelioma in teenagers.

Common Causes of Asbestos Exposure in Children

Pennsylvania Court Allows Mesothelioma Lawsuit to Proceed Against Employer

April 15, 2023 | Throneberry Law Group

The Pennsylvania Common Wealth Court recently ruled that the exclusivity provision of the Pennsylvania state Occupational Disease Law applies to diseases that appear within four years and not to those with a long latency period like that of mesothelioma. This decision came after the University of Pittsburgh, also known as Pitt, one of the defendants in a mesothelioma claim, argued against a claim filed by an engineer who worked in the school, stating that they were protected from the claim by law.

The engineer worked at Pitt for 39 years, and during his time at the university, he was exposed to asbestos-containing products. According to the suit, the engineer suffered asbestos exposure until 2004 and only discovered he had mesothelioma in 2019, 15 years after exposure. The engineer filed the initial lawsuit. Sadly, he died before the case was concluded. The executor of the engineer’s estate took over the case.

The University of Pittsburgh filed a motion for summary judgment in response to the claim. The university argued that the exclusivity provision of the state’s Occupational Disease Law protects them from the claim. Pitt argued that the engineer could only file a Workers’ Compensation claim. The court rejected this motion, and the university appealed that decision. The Supreme Court then ruled that the law’s exceptions were not applicable in this case.

Mesothelioma and Self-Esteem

April 11, 2023 | Throneberry Law Group

A mesothelioma diagnosis can affect the patient in many ways. These effects can either be short-term or long-term. One of the major ways a mesothelioma diagnosis can affect a patient is by lowering their self-esteem. Self-esteem is how a person values and perceives themselves. It is based on what someone believes about themselves. The physical changes that come after a mesothelioma diagnosis or after a patient starts receiving mesothelioma treatment, such as hair loss, weight changes, and surgery scars, can affect how they feel about their appearance and body image. Also, unproductivity and dependency can lead to a mesothelioma patient having low self-esteem. Luckily, there are steps mesothelioma patients can take to maintain their self-esteem at a healthy level.

How Mesothelioma Causes a Decrease in Self-esteem

Coping with mesothelioma presents great challenges, some of which can negatively affect a patient’s self-esteem. A patient dealing with things such as weight loss/gain, hair loss, and scarring may end up with low self-esteem. When patients look at themselves in the mirror, they want to be happy with what they see. Unfortunately, that does not always happen. Some patients do not like how they look without hair, with more/less weight, or with scars.

Owner of Former Vermiculite Mine Proposes $18.5 Million to the State of Montana

March 27, 2023 | Throneberry Law Group

The owner of an old asbestos mine in Libby, Montana, W.R. Grace, recently offered the state of Montana over $18 million to settle the state’s claims for natural resource damages. Montana has claimed substantial damage to its natural and environmental resources due to the irresponsibility of W.R. Grace & Co.’s business practices while operating the mine. The settlement will relieve the company from many of its liabilities to Montana but will still hold the mining company answerable for its reckless mistakes.

Some Background on the Mine

W.R. Grace & Co. owned and operated a mine that was used to extract and grind vermiculite, a substance found close to asbestos. Because of its closeness to asbestos, it is easy for vermiculite to be asbestos-contaminated.