Mesothelioma Legal Blog

Mesothelioma is a devastating disease, often not manifesting itself for many years following exposure to asbestos fibers. A particularly aggressive treatment for mesothelioma treatment extrapleural pneumonectomy (known as EPP). The surgery is quite complicated and serious, but, if successful, can offer significant benefits. EPP involves the removal of as much of the cancerous material as possible, which includes a lung, as well as the lining around it, lymph nodes, diaphragm, and the heart lining. The surgery requires that the patient be placed under general anesthesia.

A New York state appellate court recently upheld the verdict in an asbestos cancer lawsuit brought by a widower on behalf of his deceased wife who claimed that the defendant in the case was responsible for her diagnosis of terminal cancer caused by exposure to mesothelioma. The defendant, Federal Mogul Asbestos Personal Injury Trust, as Successor to Felt Products Manufacturers, had appealed the jury’s award at trial, which handed down a substantial $75 million verdict on behalf of the plaintiff.

A family that lost a loved one after she developed mesothelioma through second-hand asbestos exposure will have their day in court after a Louisiana court denied a wallboard company’s request for summary judgment. The deceased (who, for purposes of this article, will be referred to as Mrs. J) died of mesothelioma at the age of 75. Before she died, Mrs. J filed a lawsuit against several companies, accusing them of negligently exposing her to the toxic mesothelioma-causing substance known as asbestos.

For purposes of this article, the victims in this case will be referred to as K.L. and P.J. Mesothelioma is an aggressive form of cancer that takes the lives of many people every year. Surviving loved ones of people who die from mesothelioma are usually left dealing with intense grief and loss. While filing a wrongful death claim cannot undo what has already happened, filing this claim serves several crucial purposes. Filing a wrongful death claim ensures that those who contributed to the asbestos exposure that led to the death are held liable.

Legislation that would limit asbestos lawsuits continues to make the rounds throughout the country with Indiana and Kansas lawmakers being the latest to consider it. Created by conservative organization the American Legislative Exchange Council (ALEC), the bill in similar formats has been enacted in 12 other states. Critics charge that such legislation is unfair to terminally-ill cancer victims who were exposed to the fire-resistant asbestos while on the job. If the bill is enacted, they would not be able to sue a manufacturer after more than 10 years had elapsed since being exposed to asbestos.

Asbestos causes approximately 40,000 deaths annually in the U.S. and is linked to lung cancer, mesothelioma, and other cancers. Despite its dangers, asbestos isn’t entirely banned in the U.S., making it vital to know how to identify and avoid it. The only catch is that you cannot see asbestos with your naked eye, and it’s odorless; that is why it is so easy to inhale. So, how can you identify it in your home or workplace? Here is a guide on what to look out for (and stay away from) to keep yourself and your loved ones safe.