Mesothelioma Attorney

NIST Scientists Discover a Cost-Effective and Easier Technique for Asbestos Detection

July 24, 2024 | Throneberry Law Group

Asbestos, a mineral that was used extensively throughout much of the 20^th century, can cause aggressive and fatal illnesses like mesothelioma, lung cancer, and asbestosis. While the use of asbestos has virtually been eliminated, this substance remains a huge threat to this day. Legacy asbestos, which refers to asbestos-containing materials that were installed in buildings, structures, or products before the dangers of asbestos became widely known, poses ongoing risks if disturbed or damaged. Because of the threat posed by asbestos, detecting the presence of this substance is crucial.

For a long time, transmission electron microscopy (TEM) has been the go-to method for detecting asbestos in schools, factories, and other buildings. To test for asbestos in buildings, inspectors have had to collect samples from the buildings and submit them to a specialized lab with highly trained staff for examination using TEM. Some states require or recommend using TEM for asbestos testing during the removal process in commercial properties.

However, transmission electron microscopy is complex and can be expensive. Another method that can be used to test for asbestos is phase contrast microscopy. This method is less costly and easier than TEM but less accurate. Now, researchers from the National Institute of Standards and Technology (NIST) say they have found a better way of detecting asbestos. NIST researchers Jason Holm and Elisabeth Mansfield say scanning electron microscopy (SEM) can be a suitable substitute for TEM in asbestos testing. The researchers say that SEM can produce results comparable to TEM. SEM, which is cheaper and more convenient than TEM, could speed up and reduce the expenses associated with asbestos remediation in the U.S.

Illinois Attorney General Takes Legal Action Against Hospital That Put Workers and the Public at Risk for Mesothelioma

July 19, 2024 | Throneberry Law Group

Asbestos is a dangerous, naturally occurring mineral that was popular many years ago. This mineral was used in many industries because of its attractive qualities. Some of the features that make asbestos commercially desirable include durability, heat resistance, and fireproofing capabilities. Asbestos, when left undisturbed, is harmless. However, when it is damaged or disturbed, its fibers can get into the air, where they can be inhaled, resulting in aggressive and fatal illnesses like mesothelioma. Mesothelioma is a form of cancer that affects the lining of the lungs, abdomen, or heart. Today, the use of asbestos has significantly declined. However, legacy asbestos still poses a significant risk. Legacy asbestos refers to asbestos-containing materials that were used or installed in buildings and structures before the implementation of stricter regulations on asbestos use and handling. These are materials that were used and installed before the health risks of asbestos exposure became widely recognized. Legacy asbestos can be found in older homes, schools, hospitals, and industrial facilities.

While strict rules are in place that govern the handling of legacy asbestos, negligence continues to put many people at risk. In a recent significant legal move, the Attorney General of Illinois, General Kwame Raoul, filed a legal claim against the owners and operators of Lake Behavioral Hospital in Waukegan, Illinois. The hospital’s demolition subcontractors are also named in the legal claim. The claim alleges that the hospital and its subcontractors violated asbestos handling regulations. Specifically, the A.G. claims that the hospital and its subcontractors mishandled asbestos during a demolition project, posing serious health risks to workers and the general public. The lawsuit alleges that the owners and operators of the hospital and its subcontractors exposed people to asbestos fibers and dust, which, when inhaled, can lead to the development of mesothelioma and other serious illnesses. The A.G. is committed to ensuring the defendants are held accountable for putting workers and the public in danger.

This legal action comes after a federal investigation uncovered numerous violations that exposed many people to asbestos, thus putting them in grave danger. The United States Department of Labor’s Occupational Safety and Health Administration (OSHA) reported serious breaches by K.L.F. Enterprises. This subcontractor knew the risks that asbestos exposure posed to workers and others.

Debunking Myths About Mesothelioma VA Benefits

July 16, 2024 | Throneberry Law Group

Mesothelioma is a type of aggressive and fatal cancer. This illness affects the lining of the lungs, abdomen, and heart. Till today, the only known cause of mesothelioma is asbestos exposure. Asbestos is a group of naturally occurring minerals that was widely used due to its durability, insulating properties, and heat resistance. After asbestos exposure, it can take decades for mesothelioma to develop. Veterans are at significant risk of developing mesothelioma because of the widespread use of asbestos in military buildings and equipment until the late 20th century. Veterans who develop mesothelioma may be eligible to recover benefits from the U.S. Department of Veterans Affairs (VA).

Many myths persist about mesothelioma VA benefits. In this article, we debunk some of these myths.

Myth #1: Mesothelioma Is Not Service-Related, So I Cannot Get VA Benefits

Asbestos Laws

July 15, 2024 | Throneberry Law Group

Asbestos, a naturally occurring mineral that was once widely used in several industries, including the construction industry, due to its durability, heat resistance, and other attractive qualities, has been found to pose significant health risks. Asbestos exposure can lead to the development of various illnesses, such as mesothelioma, lung cancer, and asbestosis. While prolonged asbestos exposure is more likely to cause a disease like mesothelioma, the reality is that there is no safe level of asbestos exposure. Being exposed to asbestos once is enough to cause health issues.

Since the dangers of asbestos became widely known in the United States, laws have been established aimed at mitigating these risks. Rules are in place that address the use, handling, and disposal of asbestos to protect people. Recently, the U.S. Environmental Protection Agency (EPA) announced a final rule prohibiting the use of chrysotile asbestos in the United States. Below, we look at some of the laws pertaining to asbestos implemented by the EPA.

Key EPA Asbestos-Related Laws

Top U.S. States for Asbestos Exposure and Mesothelioma

July 3, 2024 | Throneberry Law Group

Asbestos is a group of naturally occurring fibrous minerals. When asbestos is disturbed or damaged, the tiny fibers can be released into the air, where they can be inhaled or ingested. These fibers can become stuck in the mesothelium, resulting in inflammation and scarring. The inflammation can result in genetic changes where cell DNA changes into a mesothelioma cancer cell. The leading cause of mesothelioma is occupational asbestos exposure, which occurs when workers are exposed to asbestos while on the job. Mesothelioma can also be caused by second-hand asbestos exposure, which happens when a worker carries asbestos fibers home to their loved ones without knowing. While asbestos is no longer widely used, it still exists in some capacity all across the United States of America. However, some states are considered hotspots for asbestos exposure. Below are five of the U.S. states with the highest rates of asbestos exposure and mesothelioma.

California

There are several reasons why California is the leading state for asbestos exposure and mesothelioma. First, California has many asbestos-containing mines. These mines are in many counties across the state. Second, the heavy industrial activity in California, including oil and gas, mining, and shipyards, creates an increased risk of asbestos exposure. Third, California has the highest population, leading to increased cases.

Mistakes to Avoid When Hiring a Mesothelioma Attorney

July 1, 2024 | Throneberry Law Group

A mesothelioma diagnosis can lead to significant medical expenses, emotional distress, and financial burdens. When a person’s mesothelioma is the result of another individual’s or company’s negligence, compensation can be sought through a personal injury claim. When dealing with a personal injury claim for mesothelioma, hiring the right attorney is one of the most vital decisions. The right mesothelioma attorney can help you navigate the complex legal process and fight for the compensation you deserve for your illness or your loved one’s illness. However, the process of hiring the right mesothelioma attorney can be challenging. Having to find a lawyer at a time when you are experiencing a significant amount of stress and anxiety is not easy. It is easy to make mistakes that can lead to you hiring the wrong attorney. Hiring the wrong mesothelioma attorney could jeopardize your compensation claim and result in serious consequences, such as not receiving enough or any compensation. Below, we share some mistakes you should avoid to ensure you hire the right mesothelioma attorney.

Hiring the First Available Option

One of the biggest mistakes you can make when hiring a mesothelioma lawyer is hiring the first attorney you consult with. It is understandable that you are stressed and in an urgent situation. However, before choosing an attorney, it is crucial that you take your time to research and compare options.

Iowa Supreme Court Allows Independent Contractor’s Mesothelioma Claim to Proceed Against Aluminum Plant

June 24, 2024 | Throneberry Law Group

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

For almost a decade, the estate of a mesothelioma victim, C.B., has been seeking justice to no avail. Finally, the decedent’s family may get the justice they have been fighting for. The companies blamed for the asbestos exposure that led to C.B. developing mesothelioma and finally dying have aggressively fought to have the case dismissed. In a recent decision, the Iowa Supreme Court reversed a previous ruling and permitted the mesothelioma claim to be heard by a jury.

This legal journey began after Mr. C.B.’s surviving family members filed a mesothelioma claim after he died in 2015. C.B.’s family blamed his death on asbestos exposure that occurred during the time C.B. worked as an independent contractor (IC) at an aluminum plant. The family named Alcoa, the aluminum plant owner, and a company that was responsible for installing asbestos-contaminated insulation at the plant as the two defendants.

Chicago Jury Awards Mesothelioma-Stricken Former Brick Mason $7.4 Million in Compensation for work at Inland Steel

June 22, 2024 | Throneberry Law Group

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

In a recent court decision, a Chicago jury awarded a mesothelioma victim who used to work as a brick mason $7.4 million in compensation after a two-week trial. Mesothelioma is an aggressive illness that develops after someone is exposed to asbestos fibers. A.J.C. was exposed to asbestos while working as a brick mason at Inland Steel. 30% of the liability was assigned to Foseco who manufactured hot tops for steel manufacturing and the other 70% to an insulation contractor, Paul J. Krez.

According to the evidence presented in court, A.J.C. was diagnosed with mesothelioma in early 2023 when he was 76 years old. While getting treatment at the University of Chicago, A.J.C. embarked on a pursuit for answers. A.J.C. explored his work history for potential asbestos exposure and thought back to when he worked at Inland Steel about six decades ago. A.J.C. recalled being around asbestos during the years he worked in the company. He worked at Inland Steel in 1965 and then served in the army for three years before returning to the steel company. For the rest of his career, A.J.C. worked at Inland Steel. Mesothelioma has a long latency period. It can take up to six decades or more for mesothelioma to develop after asbestos exposure.

Connecticut Jury Awards $15 Million to the Family of Man Who Died of Malignant Mesothelioma

June 11, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as N.B.

In a recent court decision, a Connecticut jury awarded $15 million to the family of a man, N.B., who died of malignant mesothelioma in 2023. The jury reached this decision quickly, indicating a clear and decisive outcome.

After N.B., a father of three, died in 2023 at the age of 81, his family filed a mesothelioma claim. N.B. had a degree in chemical engineering and a history of service in the U.S. Army. According to the lawsuit filed by N.B.’s family, his malignant mesothelioma developed due to prolonged asbestos exposure at the General Electric plastics plant where he worked. The family filed the claim against R. T. Vanderbilt Holding, Inc. This company had acquired International Talc, the supplier of the talc used at the plant where N.B. worked. R.T. Vanderbilt tried to have the case dismissed. The company argued they should not be held liable as the successor in interest. The court denied this argument because the company continued the product line after the acquisition. This action led to the company inheriting associated liabilities.

EPA’s New Asbestos Ban is Already Facing Litigation From Chemical Industry Lobbyists and Mesothelioma Advocates

June 4, 2024 | Throneberry Law Group

In March 2024, the U.S. Environmental Protection Agency (EPA) handed down a final rule banning chrysotile asbestos in the United States of America. Chrysotile asbestos is the most common type of asbestos used across the world, and the only form of asbestos that is currently used in or imported into the U.S. Chrysotile asbestos can be found in many products, including sheet gaskets, brakes/linings, brake blocks, and other gaskets. This type of asbestos has been banned in 50 other countries worldwide. Exposure to any form of asbestos, including chrysotile asbestos, is known to cause mesothelioma, lung cancer, ovarian cancer, and many other aggressive and fatal illnesses. Asbestos exposure is linked to over 40,000 deaths in the United States of America every year.

As expected, the EPA is already facing lawsuits from both chemical industry lobbyists and mesothelioma advocates. Chemical lobbyists argue that the ban is overly restrictive, while mesothelioma advocates say the ban does not go far enough. On one side, the chemical industry claims that their use of asbestos is safe and should continue. The chemical industry argues that their use of asbestos poses no health risks. On the other hand, ADAO, labor unions, and other mesothelioma advocates are pushing for stricter regulations, arguing that the current EPA ban is insufficient to protect the public.

The chemical industry and mesothelioma advocates have filed their cases in different courts. This is a reflection of legal strategies. While the mesothelioma advocates chose to file their petitions in the U.S. Court of Appeals for the District of Columbia, the industry stakeholders decided to file their petitions in the conservative 5^th, 6^th, and 11^th circuit courts.