Mesothelioma Legal Blog

Given the devastating effects of asbestos exposure, a common question that people who have suffered exposure ask is, “Is it possible to file a lawsuit before becoming ill?” While such concerns are understandable, the legal system cannot allow you to sue for asbestos exposure before you become sick. It is a legal requirement for anyone suing for asbestos exposure to have gotten an asbestos-related disease diagnosis and suffered damages, such as medical expenses, pain and suffering, and lost income.

The fight for presumptive coverage of cancer continues as North Carolina remains the only state in the country that does not extend this right to firefighters who put their lives on the line each time they suit up and are potentially exposed to a whole host of cancer-causing carcinogens. While the state does extend certain benefits to surviving family members of firefighters who pass away from one of four listed cancers, North Carolina does not pay for medical coverage of the affected firefighter during his or her lifetime, which can leave the victim and his or her family with extraordinary medical bills.

U.S. Bankruptcy Judge Michael Kaplan denied Johnson & Johnson’s second bankruptcy attempt in a recent court decision. This decision offers hope to many mesothelioma and ovarian cancer victims seeking justice from Johnson & Johnson. The consumer giant is facing tens of thousands of negligence claims accusing its talc powder product of causing mesothelioma and ovarian cancer. Sometime back, Johnson & Johnson formed its subsidiary, LTL Management, for the purpose of carrying its talc liabilities into Chapter 11 bankruptcy.

Our nation’s military personnel – those of the Army, Navy, Marines, Air Force, and Coast Guard – sacrifice much for the country. They endure rigorous training, months away from family, deployment to active combat zones, exposure to the elements, physical pain, exhaustion and more to safeguard our freedoms and keep us safe. Even after their immediate service ends, some veterans continue to pay the price for the decision to join the military: they were exposed to asbestos while enlisted, and are now dealing with long-term health impact.

For purposes of this article, the mesothelioma victim in this case will be referred to as D.C. Sr. In a recent court case, a Louisiana man, D.C. Sr., who was diagnosed with mesothelioma, a rare but aggressive type of cancer that is caused by asbestos exposure, in mid-2024, was allowed to proceed with his case against his previous employer in state court, despite efforts to remove the case to federal court. After D.C. Sr. was diagnosed with mesothelioma, he filed a lawsuit in Louisiana state court seeking compensation for his damages from multiple companies.

For purposes of this article, the victims in this case will be referred to as T.W. and J.W. Vermiculite, a naturally occurring mineral with heat-resistant properties, and asbestos, also a naturally occurring mineral, form under the same conditions. Asbestos is a dangerous substance that can cause several fatal illnesses, including mesothelioma. In Libby, Montana, asbestos contaminated the city’s vermiculite deposit, so years of mining this mineral in the city exposed workers and residents to asbestos.