Archive | December, 2007

Mesothelioma Lawyer – There Is No Substitute For Experience

A diagnosis of mesothelioma is devastating. There are many decisions and choices that have to be made once the patient has been told that they have contracted a form of cancer that is directly linked to occupational exposure of asbestos. Some people may feel like obtaining legal council is the last priority on their list. With the rising cost of healthcare, prescription drug costs, and mounting doctor bills, litigation may be the best way for the mesothelioma sufferer to garner monies to pay for the expense of their illness. However, finding a mesothelioma attorney could be as important as finding a doctor to treat their illness.

In deciding on an attorney, the mesothelima patient must understand that not every lawyer is versed in the constant changes that effect mesothelioma litigation. One of the first aspects to consider when choosing an attorney is if they have any prior experience with personal injury cases involving asbestos or mesothlioma claims. The importance in finding someone with an established mesothelioma client base is that the attorney in questions will have more experience in the deatials that could sway a judgementin your favor. Attorneys who specialize in mesothelima litigation have been in the courtroom setting before and understand what it takes to convince those in a ruling position that the illness is a direct result of the occupational exposure and not from some other source that does not include the past job site. As with any litigation, the burden of proof will rest on the plaintiff. It is important to have an attorney who can used approaches that will call attention to the issues of workplace neglect, as well as the ability to estimate the total award needed so that the suing party will receive the full amount of restitution owed to them.

It is also equally important that the attorney have the knowledge and resources to go back and examine other mesothlioma cases and ruling that have already been handed a verdict in the past. It’s the ability to do proper and accurate research that will give the plaintiff a greater chance at winning a reward against the defendant. Many of the companies that will have a suit brought against them have resources that will not be within the reach of the plaintiff. The only way to retaliate against resources that are out of the control of the plaintiff is to have well versed and experienced legal staff in their corner.

It is not the name recognition that the mesothelioma sufferer will need behind them in the case of litigation brought against an employer responsible for asbestos exposure. Instead, it is a proven track record in mesothelioma litigation that will serve them the best when they begin to think about trying to obtain monies owed to them out of personal injury and loss. There is no substitute of attorneys who are capable of using research and an understanding of mesothlioma legislation to assure that the mesothelioma suffer is able to find a way to play for their workplace illness.

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The Dangers of Mesothelioma Are Great, Know No Time Restrictions

Mesothelioma has become a serious concern for those men and women who used to work in the construction and heavy industrial manufacturing industries.  For year, asbestos, the material that has been directly linked as a cause of mesothelioma, was thought to be a building wonder.  The fiber, which is a natural substance mined for its fire-retardant properties, was used in the construction of homes, hospitals and prisons, as well as in the paper goods, lumber, shipping and milling industries.  Until the early 1970s, asbestos was handled in a nature that helped to lead the exposure of thousands of people to the cancer-causing material.  In many cases, protective equipment, such as respirators and specialty uniforms, were not worn, nor were they enforced by the employers of workers as a necessity on the jobsite.  As an outcome, people who were not diligent in personal safety have now found themselves sick with mesothelioma from prolonged exposure to asbestos fibers.

Asbestos fibers, when examined under a microscope, have what resembles to be a “hook or a “barb” at the end.  It is this detail that allows the particles to become lodged in the pleural (lung) tissues.  Once the particles are embedded in the lungs, they cannot be expelled through respiration.  Over time, the asbestos particles begin to cause scarring.  This scarring of the lung tissue can lead to the formation of mesothelioma tumors.  Unlike many other types of cancerous tumors, mesothelioma tumors do not respond readily to traditional forms of cancer treatment.  Although new drugs are being created and explored in the field of mesothelioma treatment, chemotherapy and radiation have been found to do very little in thwarting the disease.  The average life expectance of someone who has been diagnosed with mesothelima is between six months to one year.

In what is an even scarier statistic, direct exposure to mesothelioma isn’t necessary to contract the disease.  Because asbestos particles can be transported on skin and clothing, a new population of sufferers have developed in the form of spouses of men and women who worked in industries where asbestos was used.  Improper handling of clothes at the time of laundering has been cited in cases of mesothelioma where the spouse had no direct contact with asbestos.  For many families, this development has offered nothing less than a double insult where the lives of both parents, or other loved ones, has been jeopardized.

If you or someone you know has worked in a manufacturing industry where asbestos was used as a primary constitute of production, they should seek medical examination for the possibility of mesothelioma.  Symptoms of mesothelima have been known to manifest upwards of twenty years after the last exposure to asbestos has been made.  Even if the person who worked around asbestos doesn’t seem to be ill, it is no guarantee that their health is not in jeopardy.  A simple lung x-ray can be made by a healthcare practitioner to see if any lung scarring has manifested.  As always, early detection is important for survivability.

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Ban On Asbestos Promotes Cure for Mesothelioma

On October 4th of 2007, the U.S. Senate passed a bill that bans the use of materials that contain asbestos in a concentration greater than 1%. The bill was passed through the system unanimously. In addition to banning the cancer-causing substance, the bill also called for federal funding to help research a cure for mesothelioma.

Currently, there are no highly-effective pharmaceutical means of controlling the deadly disease. While there are certain measures of prolonging the lifespan of persons with mesothelioma, most that are diagnosed with die within two years. Researchers hope to change this with federal funding – they hope that they can find more effective means of mesothelioma control and, ideally, a cure for the debilitating cancer.

Most individuals with mesothelioma are those that were exposed to asbestos in their youth while working in factories or mills prior to the discovery that inhalation of asbestos fibers causes cancer. Many who are diagnosed with mesothelioma go on to settle with their former employers for pain and suffering related to their diagnosis. While a monetary settlement can help with medical bills and the financial responsibility of losing a loved one, it does not change the fact that being diagnosed with mesothelioma is a death sentence.

The only means of preventing further spread of mesothelioma cancer is by eliminating the use of asbestos-containing products altogether. Asbestos particles can become lodged in the lungs from just menial exposure to the substance. Once this occurs, the legions caused in the lungs by the asbestos particles can turn into cancerous tumors.

Over the last decade, the Mesothelioma Applied Research Foundation has provided researchers with more than $4 million dollars in grant money to study the disease. However, this is unfortunately not enough. The current bill would provide researchers with $10 million dollars in federal grants each year to use toward developing effective mesothelioma medications and treatments. Until the use of asbestos is eliminated, finding a cure for mesothelioma is our only chance in fighting against the disease. Luckily in this case, lawmakers are just as against the cause of the disease as those who have suffered through it.

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Filing a Mesothelioma Lawsuit

If you have been diagnosed with mesothelioma, then you’re probably wondering how to file a mesothelioma lawsuit in order to cover your medical bills, your loss of wages, and your pain and suffering. You may also want to make sure that your family is financially secure in the case that your life is cut short. This is fair. Most companies knew asbestos was dangerous and kept exposing their employees to it anyway. It’s only logical that now they must pay for their poor decisions.

It’s important to see a lawyer as soon as you are diagnosed with mesothelioma. While it’s helpful if you know where you were exposed to asbestos, it is not necessary. Your lawyer will hire an investigator who can determine where your exposure occurred based on your work and life history. Most mesothelioma lawyers work on a contingency basis, meaning that you are not required to pay for their services until you have received your case settlement. Therefore, it is not necessary to have the money for legal services upfront.

The amount of money you are awarded in your settlement will depend on a number of things. First, you may or may not win your case – winning depends on how well your lawyer proves that the companies in question are responsible for your contraction of mesothelioma. The amount you win may also depend on your age, the number of dependants you have, the type of mesothelioma you have, the amount of your medical bills, and the amount of debt you have, among other things. The judge of your case will determine a settlement amount based on a number of considerations.

Many individuals have gone on to win settlements of millions of dollars against companies that exposed them to asbestos. While a settlement does not change the fact that you have been diagnosed with a terminal illness, it will give you the peace of mind of knowing that your loved ones won’t have to deal with the burden of paying your doctor bills and burial expenses after you’ve gone.

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Early Mesothelioma Diagnosis – Regular CT Screening Could Help

Results of a recent Italian research study have shown that CT scanning can help medical professionals diagnose mesothelioma earlier than chest x-rays alone. This is good news for those who have been exposed to asbestos. Early detection of the disease can help to promote a longer lifespan, and regular CT scans conducted on those who know or believe that they were exposed to asbestos could help them live with the disease longer should they be diagnosed with it.

CT scans are typically used to as an early diagnosis method for smokers that are at high risk for developing lung cancer. However, no research has been conducted whether or not early detection of lung cancer in smokers actually promotes the lifespan post-diagnosis. Mesothelioma, on the other hand, has been proved to be more treatable when caught in its early stages. Those who are diagnosed early have gone on to live for nearly a decade with the disease, while those who are diagnosed in its later stages rarely live more than two years.

Dormant mesothelioma tumors can also be detected by CT screening, allowing medical professionals to keep an eye on individuals who have the potential to develop malignant mesothelioma. It is of the utmost importance that individuals who have been exposed to asbestos visit their doctor for regular checkups for this reason. Additionally, recent evidence has shown that mesothelioma can be contracted through indirect exposure to asbestos, meaning that the wives and families of men who worked with asbestos materials should also be checked regularly.

Smokers who have been exposed to asbestos should been extremely adamant about getting checked for the disease regularly. Research has shown that smoking increases the risk for developing mesothelioma, and CT screening is not as effective in finding evidence of the disease in individuals who smoke regularly. In non-smoking individuals, the CT scan was able to diagnose nine different levels of lung damage caused my asbestos exposure.

These authors concluded that initial CT screening was of benefit in this high-risk population with relatively low rates of smoking prevalence.

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Taconite Leads to Controversy in Two U.S. States

Attorney generals in Minnesota and Wisconsin along with environmental groups from around the states have joined together to fight against a proposal by Northshore Mining Company that would allow for a lower clean-air standard around the company’s Silver Bay taconite plant.

The current clean-air precedent was set in 1974. Those against the proposal fear that lowering the precedent will expose more of the state’s residents to taconite fibers. Taconite fibers have a structure much like that of asbestos, and many fear that exposure to the fibers can lead to mesothelioma.

While there is no current health standard as to what is a safe level of exposure to taconite fibers, the current clean-air standard imposed upon Northshore requires it to keep the level of taconite fibers around the Silver Bay taconite plant equal to or lower than the level of taconite fibers in the air surrounding the taconite plant in St. Paul, Minnesota.

Until more research is done into the potential of taconite fibers to cause mesothelioma or related cancers, many scientists and medical professionals believe that the best plan is to avoid taconite fibers like one would avoid asbestos. Because fibers from both materials have a similar structure, it is highly likely that taconite fibers could become easily lodged in the lungs just as those of asbestos.

This lodging of fibers in the sac of the lungs can create tumors after a period of time. Sometimes, the cancer will not develop for as many as 50 years. This makes it difficult for researchers to determine whether or not taconite is dangerous.

Officials at the Silver Bay taconite plant believe that taconite is not dangerous because there is currently no proof of its danger to human health. However, environmental and government officials believe that safety is the best plan when it comes to exposing state residents to a potentially-harmful substance.

As with those who have contracted mesothelioma later in life, taconite-caused mesothelioma could carry the potential to raise a number of lawsuits against individuals and corporations responsible for exposing individuals to the substance.

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