Archive | February, 2008

Mesothelioma, Hurricane Katrina and the New Orleans Rebuild

The seemingly endless process of restoring New Orleans to a functioning city after Hurricane Katrina can be attributed in part to the enormity of the task. It is the size and scope of the project that leads to a multitude of problems, each of which must be handled of its own accord.

In one area of the city, the abandoned hulks of asbestos contaminated buildings have halted the process of clearing the area. Ruined buildings that were constructed with asbestos products – roofing, insulation, coated pipes, etc. – are still standing while officials debate the best way to demolish them without creating clouds of asbestos dust. Asbestos exposure has proven to lead to, among other afflictions, the lethal lung cancer known as mesothelioma.

The EPA is proposing that a specially designed incinerator be constructed, which will be used to incinerate the debris while controlling and monitoring air quality. Federal and local officials have determined that the best way to dispose of three buildings in one industrial area of New Orleans is by using an incinerator known as an “air curtain destructor.” It is now understood that it doesn’t take years of exposure to asbestos in order to cause mesothelioma. Taking chances with old buildings in the New Orleans rebuild isn’t acceptable, despite the fact that the danger would be one day’s dust cloud.

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Filter Cigarettes – the “Healthy Option”

One of the most insidious aspects of mesothelioma, the fatal cancer caused by asbestos exposure, is that the disease often appears decades after the victim’s exposure to asbestos.  That fact, combined with the widespread use of asbestos in industrial and construction products, has become a puzzle that every mesothelioma victim who is seeking compensation must solve.

One of the more ironic uses of asbestos that has come back to haunt many older Americans is as a filtration component for filter cigarettes.  Those who can remember the introduction of filtered cigarettes in the 1950s will remember that they were touted for their health benefits.  Supposedly they exposed the smoker to “less tar,” “less nicotine,” and other unnamed and unhealthy byproducts of a good old American smoke.

One of the most popular brands to emerge during that period was Kent cigarettes, a brand that had relatively heavy filtration, seemingly resulting in reduced nicotine consumption which was interpreted as a “healthy” way to continue a smoking habit.

Some decades later, the fact that Kent’s filters used asbestos as a principal component has become a major issue in litigation seeking compensation for mesothelioma victims who were exposed to asbestos.  From 1952 until at least 1956, Kent cigarettes used asbestos fibers as part of the filtration material rolled into the end of the cigarette.  The “Micronite Filter” was a major advertising pitch point to Americans who were considering giving up the traditional unfiltered cigarettes for this new technology.

Now, decades later, the Lorillard Tobacco Company has become the target of mesothelioma victims seeking compensation for exposure to this lethal material.  Their advertising programs pitching ‘healthier’ cigarettes were in fact an invitation to continuous exposure to asbestos fibers.

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Mesothelioma may be another 9/11 Killer

Those clouds of dust that enveloped thousands of New Yorkers who were near the World Trade Center’s destruction and who participated in the rescue efforts may be another large group of victims exposed to the cancerous effects of asbestos. Mesothelioma is a deadly form of lung cancer that is caused by exposure to asbestos, usually in the form of dust or tiny fibers that get into the respiratory system.

There was an enormous amount of asbestos in the debris left by the 9/11 disaster; moreover, it has become evident that the dust raised on 9/11 and during subsequent rescue and cleanup efforts was contaminated with asbestos. One citizen who participated in rescue efforts for 48 hours after the towers fell saved the shirt that he was wearing throughout that period. In April of 2006 the New York Post reported that when the shirt’s fabric was tested, it was found to contain 93,000 times the amount of asbestos normally found in American cities.

In April of 2007, the federal Centers for Disease Control (CDC) reported that 62% of those caught in the dust cloud created on 9/11 are now incurring respiratory problems. 46% of those merely living in the area are showing similar symptoms. It is clear that the airborne debris created by the destruction on 9/11 has had health impacts on thousands of people. It is also clear that asbestos was a component of that dust.

Mesothelioma often takes decades to develop after the victim’s exposure to asbestos. However studies done on the first responders to the towers’ collapse show an overwhelming pattern of respiratory difficulties. There have been some cases that have already become the fatal impact of asbestos exposure – mesothelioma.

If you had any involvement with 9/11 rescue or cleanup efforts live in the area and you are suffering from respiratory problems, get a thorough physical workup from your doctor and contact an attorney about compensation for this deadly exposure.

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What’s Involved In A Mesothelioma Lawsuit

Mesothelioma is a form of cancer that usually develops in the lungs, and in up to 75% of these cases the cause of the disease is believed to be exposure to asbestos, the liability of asbestos manufacturers and companies who used asbestos in their products has been well established.

As the result of lawsuits successfully connecting mesothelioma with asbestos several major U.S. corporations have been driven into bankruptcy and billions of dollars have been put into trust funds by these companies to compensate victims of this lethal asbestos poisoning.

Because the disease often does not manifest itself until decades after the asbestos exposure, a lawsuit seeking damages for the exposure will require a detailed explanation of the exposure – usually having occurred in the workplace.

Mesothelioma lawsuits often have multiple defendants, which might include both the employer where the mesothelioma victim was exposed to asbestos and the company that manufactured the asbestos products that caused the exposure.

Medical records are a big part of the case, and usually an independent medical examiner (IME) will be drawn into the case by your attorney in order to establish an unbiased medical record.  The defendants will also be allowed to go through your medical records, which you will be required to supply.

Your attorney may consult with other experts as well who may supply testimony on such issues as types of asbestos exposure, employee protection from hazardous substances (or lack of it) and the relationship of the disease to asbestos fibers and dust.

If your case goes to trial, your attorney may draw in experts on presentation of the medical and industrial data.  There have been enough mesothelioma lawsuits filed over the last ten years that a number of successful stratagems have developed.

Often multimedia experts will be drawn in to develop a presentation that will be complete and will also provide explanation of complex issues to the jury.  Mesothelioma lawsuits have become a major fixture in civil law in recent years.  Some states may have laws requiring an arbitration procedure before the case goes to trial.

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Asbestos and Brake Repairs

For at least eighteen years asbestos has been identified as a cancer causing agent, inducing thousands of cases of mesothelomia among people who have been exposed to it.  The large majority of mesothelomia victims have been people who worked directly with asbestos coated products, with asbestos construction materials or within factories that produced the many types of asbestos products.

In June of 2007 however, a case was filed in New Jersey claiming damages for a woman who died of mesothelomia after being exposed to asbestos by virtue of auto brake repairs performed by her husband and children in the driveway of their home.  These amateur brake jobs took place from the 1960s through the 1980s.  The alleged victim of this exposure was diagnosed in 2002, which is in keeping with the long period of latency typical of mesothelomia.

The asbestos exposure came about when she laundered clothes used by the amateur mechanics, shaking out the dusty clothes and rags before tossing them in the laundry.  The nature of this case cannot help but bring up memories of the many times we may have seen dust-covered brake drums in a shop or a neighbor’s garage – or found them ourselves when replacing brake shoes or pads.

This case is an example of one of the hundreds of insidious ways people may have been exposed to a lethal dose of asbestos in fiber or dust form.  Brake shops and backyard mechanics often cleaned up that dust by blowing it away with an air compressor or sweeping it up and depositing it in a dustbin.  This type of exposure is sufficiently widespread that the EPA issued guidelines in 1986 for people replacing clutches or brakes.

Original Article

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