January, 2025

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.