Articles Posted in Mesothelioma Attorney

Asbestos is a dangerous substance that can cause serious health problems. When asbestos fibers are inhaled, several illnesses can occur, including mesothelioma, asbestosis, and lung cancer. Some of the most common ways people get exposed to asbestos include working in a construction site, working as an auto mechanic, working in a shipyard, working in industries such as manufacturing and power plants, and serving in the military. However, while these are the most common ways people get exposed to asbestos, they are not the only ways. There are many other less commonly known sources of asbestos. In this article, we share five surprising sources of asbestos.

Surprising Sources of Asbestos

Many people think that asbestos exposure is a problem for certain people. The truth is that asbestos exposure is a problem for everyone. Asbestos can be found in many everyday consumer products, meaning everyone is at risk of exposure. The following are some consumer products that could contain asbestos;

For purposes of this article, the mesothelioma victim will be referred to as G.P.

In a recent court decision, a judge ruled the surviving family members of a deceased cruise ship worker have a valid mesothelioma case against Steel Grip, an asbestos gloves manufacturer. The judge hearing the case ruled that the mesothelioma lawsuit the survivors filed against Steel Grip should proceed. After G.P., a cruise worker, developed malignant mesothelioma and died, his surviving loved ones filed a personal injury claim in New York. G.P.’s family believes he developed mesothelioma because of the asbestos-contaminated gloves he wore when working. Steel Grip manufactured the gloves, so the family included Steel Grip in their claim. The defendant tried arguing that they had never done any business in New York. However, upon listening to the evidence presented, the judge ruled that G.P.’s family had a valid case and the case could proceed.

G.P. worked on Italian cruise ships for many years. However, while working on the cruise ships presented the risk of asbestos exposure, his family strongly believes that he developed malignant mesothelioma because of his work gloves. In response to being named as a defendant in the case, the gloves manufacturer argued that the court hearing the case did not have jurisdiction over them since they had never done any business in New York. This first argument was defeated by the fact that G.P.’s cruise ships would stop in New York, and he remembered seeing boxes of gloves manufactured by Steel Grip being loaded onto ships while in New York.

There are two types of asbestos exposure — primary and secondary exposure. Primary asbestos exposure, also called occupational exposure, occurs when someone who works with asbestos or asbestos-containing materials suffers exposure at work. Occupations at great risk of asbestos exposure include construction, firefighting, power plant, shipyard, mining, factory, and boiler work. Secondary exposure, which is also called second-hand exposure, is when someone who does not directly work with asbestos or asbestos-contaminated materials suffers asbestos exposure. Most people know about primary asbestos exposure, but some people do not know about secondary exposure. Some people do not know that secondary asbestos exposure can lead to asbestos-related illnesses, such as mesothelioma, asbestosis, and lung cancer. Below, we share some crucial things you need to know about secondary asbestos exposure.

Asbestos Fibers are Not Confined to a Work Space

Asbestos fibers are not confined to a work environment. These tiny fibers can find their way out of a work environment. Asbestos fibers can get stuck on, for example, a construction worker’s clothes, hair, or skin. The worker can then unknowingly carry the asbestos fibers home. This may then lead to the people living with the construction workers suffering asbestos exposure. For example, the worker’s spouse may suffer asbestos exposure when cleaning asbestos-contaminated clothes. This is how secondary asbestos exposure occurs.

For purposes of this article, the teachers in this case will be referred to as E.T., C.G., and K.C.

Recently, schoolteachers from a school in Philadelphia filed a class action lawsuit accusing the district of violating their Constitutional rights. E.T. and C.G. teach at a public school in Philadelphia, while K.C. retired in June this year. According to the lawsuit, the teachers claim that the school withheld their pay after they protested having to work in dangerous conditions. The teachers gathered their workstations on the outside yard of the school because of fears that the school facilities might be asbestos-contaminated. The school withheld the teachers’ pay for unauthorized absences. According to the complaint, the district withheld the teachers’ pay for August 26 and 27.

According to an attorney representing all three teachers, the district knew that the teachers were not absent. According to the attorney, the district knew the teachers were working. The teachers’ attorney said that the district wanted to put an end to the protest, so it punished the teachers. According to the attorney, such an act violates the First Amendment. The First Amendment gives people the right to express themselves and assemble. According to the lawsuit, up to 50 teachers were unjustly punished and lost wages because of protesting. The affected teachers made it clear that they would not have had to take action if the school had provided them with complete information about asbestos remediation efforts and the dangers of asbestos.

For purposes of this article, the victim in this case will be referred to as K.L.

In a recent court decision, a New York judge allowed a World Trade Center worker’s mesothelioma claim to proceed. When K.L. was diagnosed with malignant mesothelioma, it was clear where his illness had come from. K.L. suffered asbestos exposure while working as a subcontracted employee at the World Trade Center when it was being built. K.L. worked at the WTC starting in 1972. According to the mesothelioma claim, ALCOA was to blame for K.L. suffering asbestos exposure. ALCOA, a general contractor, used asbestos-contaminated products close to where K.L. worked, resulting in K.L. suffering asbestos exposure. According to the mesothelioma claim, ALCOA created a dangerous condition for K.L. despite knowing about the dangers of asbestos.

After learning about the claims against them, ALCOA filed a motion for summary judgment. ALCOA argued that it should not have to defend itself against the claims. The defendant argued they did not supervise or control K.L.’s work as a sub-contracted employee. Additionally, ALCOA presented a memo dated May 15, 1970, that showed an agreement regarding the costs of switching to an asbestos-free product. In other words, the memo was meant to show that ALCOA had stopped using asbestos-containing materials by 1972, the time K.L. started working at the WTC.

After a person is diagnosed with mesothelioma, their life and that of their family can drastically change. A mesothelioma diagnosis is not only emotionally draining, but it can also be financially draining. While there is still no cure for mesothelioma, several treatment options exist. Mesothelioma treatment can be expensive. Treating mesothelioma can range from tens of thousands to millions of dollars. Mesothelioma treatment costs usually vary based on, among other things, treatment type and location. Fortunately, when a mesothelioma diagnosis can be linked to asbestos exposure, a victim or a victim’s loved ones can file a compensation claim. A party responsible for harmful asbestos exposure, which results in a mesothelioma diagnosis, is liable for damages resulting from the diagnosis.

If you or a loved one was recently diagnosed with mesothelioma, there are several things you need to know about mesothelioma claims. This article discusses three basic things you need to remember about mesothelioma claims.

#1: Mesothelioma Claims are Usually Paid by Insurance Companies

While some people suffer asbestos exposure because of nobody’s fault, often, asbestos exposure happens because of other people’s negligence. In the United States of America, if a person develops mesothelioma or another asbestos-related illness after suffering asbestos exposure because of another person’s negligence, the victim or their family can file a mesothelioma claim and recover compensation from the negligent party. Often, people choose to litigate mesothelioma cases in court. However, litigation is not the only way to resolve mesothelioma cases. Alternative dispute resolution (ADR) methods are available, and these alternatives offer several benefits over traditional court proceedings. In this article, we discuss the different forms of ADR for mesothelioma cases and the benefits of each.

Settlement Negotiations

The first form of ADR for mesothelioma cases is settlement negotiations. Negotiations entail the claimant’s attorney sending a demand letter to the liable party or parties. In the demand letter, the attorney outlines the facts of the case, evidence supporting the case, and what they are demanding in compensation. The liable party or parties then respond to the letter. An agreement is reached if the responsible party or parties agree to the demands immediately. However, rarely do liable parties agree to claimants’ demands right away. Often, liable parties will make a settlement offer that is less than what the plaintiff is asking for. After an offer is made, the claimant’s attorney responds with a counteroffer. The back-and-forth between the claimant’s attorney and the liable party or parties then continues until an agreement is reached.

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. When a company is facing mesothelioma or other asbestos-related lawsuits, the company can file for Chapter 11 bankruptcy. Once the bankruptcy filing is approved, the company is required to establish a trust fund and put aside money to compensate people harmed by asbestos. In 2021, LTL Management filed for Chapter 11 bankruptcy and offered $2 billion in settlement for victims and their families. An NJ bankruptcy court approved this first filing, but a higher court reversed the decision citing that the company filed for bankruptcy without any real financial distress, thus, lacked good faith.

Johnson & Johnson did not give up and, through its subsidiary, filed for bankruptcy for the second time. The company offered $8.9 billion in settlement in the second bankruptcy filing for the victims and their families. This is over four times the amount Johnson & Johnson had offered during the first bankruptcy filing. However, despite this and the fact that about 60,000 plaintiffs and some attorneys representing plaintiffs supported the proposed settlement, many more people argued against the move. According to those who do not support Johnson & Johnson’s attempt to declare bankruptcy, allowing Johnson & Johnson to declare bankruptcy would mean that victims and their families will be forced to agree to insufficient terms and will prevent those who may be diagnosed in the future from pursuing justice.

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

In a mesothelioma case, you can recover compensatory damages just like in any other personal injury case. These are damages meant to compensate the plaintiff for the harm suffered. Claimants in mesothelioma claims may also be eligible to recover punitive damages.  However, punitive damages are not awarded in all mesothelioma cases. This is because these damages are meant to punish defendants and not compensate victims or their families. Punitive damages are only awarded when the court determines that the defendant acted particularly egregiously or with the intent to cause harm. Any person found guilty of this kind of conduct pays the plaintiff’s compensatory damages and an additional amount meant to punish them and warn others from acting the same in the future.

Because of the financial burden punitive damages place on defendants, some try to dismiss a claim for such damages. In a recent mesothelioma case, the defendant, a boiler manufacturer, tried dismissing a claim for punitive damages. However, the judge sitting in the case denied the defendant’s petition and allowed the case to continue in its entirety. Burnham LLC, one of the defendants being blamed for the malignant mesothelioma that killed M.F.B. in 2021, could be required to pay the deceased’s punitive damages at the end of the case after the court ruled that the company was unable to prove that punitive damages were not warranted.

Companies facing asbestos exposure claims are rarely willing to accept liability and pay mesothelioma victims or families of victims the compensation they deserve. Companies in asbestos claims and lawsuits are usually represented by skilled attorneys armed with several defense strategies. And the truth is that some of the defenses defendants’ attorneys present in mesothelioma cases are quite strong. For this reason, it is vital that if you or a loved one were diagnosed with mesothelioma and you plan to file an asbestos exposure claim against the negligent party or parties, you hire a skilled attorney to represent you in your claim. In the legal system, there is a balance between the claimant’s and defendant’s interests. Defendants have the right to raise defenses, and claimants have the right to dispute the defenses raised by the defense side.

As someone planning to file a mesothelioma claim, it is crucial that you are aware of the possible defenses companies in asbestos exposure claims use. The following are a few of the defenses defendants in mesothelioma cases use.

Alternative Exposure

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