Mesothelioma Lawyer Blog

After a lifetime of hard work and dedication, a diagnosis of mesothelioma can seem daunting. Fighting for your health should be your main concern. Our mesothelioma plaintiff's attorneys understand that you need an experienced attorney to help you get the award you deserve in your mesothelioma injury case.

Mesothelioma is a type of cancer associated with the inhaling of asbestos. This cancer is most common in the lungs and can create many uncomfortable symptoms and chest pain. Asbestos is a durable material used in manufacturing and building in the late 1800's- early 1900's. This substance is very dangerous, however at the time of its heightened use there was little knowledge about the medical affects of it.

The Supreme Court of Pennsylvania heard the case Daley v. A.W. Chesterton and considered whether an individual is allowed to bring a separate lawsuit for more than one malignant disease where there is reason to believe that the diseases are a result of the same asbestos exposure.

This case hinges on a legal rule called the two disease rule, which allows an individual to bring separate lawsuits where the plaintiff was exposed to asbestos which resulted in the plaintiff being diagnosed with separate malignant diseases.

In 1989 Plaintiff was diagnosed with both pulmonary asbestosis and squamous-cell carcinoma. These are two malignant diseases plaintiff contracted in his right lung. He sued several parties and obtained a settlement for the diseases he contracted while working with asbestos. That action was settled in 1994.

In 2005, Plaintiff was diagnosed with malignant pleural mesothelioma, for which he argues he contracted because of the same asbestos that he was exposed to, which had led to his earlier settlement. Plaintiff sued fourteen parties with his argument hinging on this two disease rule in Pennsylvania.

The defendants argued that when the plaintiff was diagnosed with his first malignant disease and filed that original lawsuit, the state of Pennsylvania has not yet adopted this two-disease rule. Because of this statutory time bar, the companies argued that the rules of the Pennsylvania single cause of action requirements should be upheld.

The court in this case clarifies some of the rules surrounding asbestos today. In Pennsylvania, the courts have created a limited exception to the original cause of action requirements in an individual claim with the adaptation of the two-disease rule. The central focus of this exception was to provide for the asbestos related diseases.

Defendants argued that by applying this two disease rule, the courts would be over-burdened with claims. The court disagreed and cited how rare these mesothelioma cases are and furthermore, that the studies have shown that the distinct asbestos related malignancies are usually respiratory.

The court ruled that because the plaintiff filed the original claim for a different malignant asbestos related disease and he did not know at the time of this first claim that he was ill with the second asbestos related disease, he was still able to bring the subsequent action.

Although the court considered both arguments in this case, it was held that the separated disease rule which was adopted in Pennsylvania, allows the plaintiff in this case to file a second action for the new malignant asbestos-related disease.

Continue reading "Daley v. A.W. Chesterton Addresses the Two Disease Rule in Mesothelioma Cases" »

The U.S. Supreme Court in Kurns, et al. v. Railroad Friction Products Corp., et al., has decided in favor of a railroad company that reportedly failed to warn its workers of the dangers of working with asbestos.

Our mesothelioma attorneys understand the case focused on a retired railroad welder and machinist, who died after filing suit against his former employer. The worker, George Corson, died of mesothelioma cancer, caused by exposure to asbestos decades earlier. He had alleged in his suit that not only were the products he worked with dangerous, but his employer failed to warn him of those dangers.

Corson's widow, Gloria Kurns, had taken over the case when her husband died.

According to the claim, Corson worked at the Chicago, Milwaukee, St. Paul & Pacific Railroad company for more than a quarter century, between 1947 and 1974. He worked in maintenance and locomotive repair. Mostly, he installed brakeshoes on the trains and stripped the insulation from the boilers.

Nearly 30 years after he stopped working with the company, he was diagnosed with cancerous mesothelioma. This is a rare cancer that essentially attacks the thin layer of cells that lines the internal organs. There are three types - one that attacks the lungs, one that attacks the heart and one that attacks the abdomen.

Medical experts have determined that exposure to asbestos, often by ingesting air particles, is known to cause cancer, and mesothelioma in particular. As in Corson's case, the damage is typically not apparent until many years down the road. By then, it's too late, and patients often have less than a year to live.

Corson was diagnosed in 2005, and filed suit in Pennsylvania in 2007. The suit went after 59 defendants, including Railroad Friction Products Corporation (RFPC). This is the company that distributed the brakeshoes that contained the asbestos. Another company, Viad Corp., sold trains and train engine valves that also contained asbestos. Corson said not only were these products dangerous, but he was never given any warning of that danger.

The defendants in the case argued that they shouldn't be held liable because the claims against violating state law were pre-empted by the Locomotive Inspection Act, which essentially prohibits railroad carriers from using any parts that aren't safe or government-tested. Prior to that, in early 1900s, Congress had passed the Ash Pan Act and the Boiler Inspection Act, which outlined certain railroad safety conditions.

The railroad company, after having the case successfully moved from state to federal court, was backed in decisions by both the appellate and Supreme court. In a dissenting opinion, one justice said the company may not have been responsible for completely banning the brakeshoes, but it could have at the very least given railroad workers certain tools, such as masks, to safely handle the materials.

Thankfully, the law has changed dramatically in the last 50 years with regard to how we use and handle asbestos. Although a commonly-used product at the turn of the century, it is now rarely if ever used. There are also very specific laws in how it must be disposed of.

If you have been diagnosed with mesothelioma or think you may have been exposed to asbestos, contact an experienced mesothelioma attorney. As this ruling illustrates, these are complex cases and holding companies responsible decades later requires a firm with the knowledge, experience and resources that comes with focusing on justice for mesothelioma victims.

Continue reading "Kurns, et al. v. Railroad Friction Products Corp., et al. Highlights Complexities of Mesothelioma Compensation" »

National Mesothelioma Awareness Day just passed and many communities throughout the United States celebrated the lives of loved ones who succumbed to this deadly and incurable form of cancer. This cancer continues to be linked to exposure to asbestos in New York, Washington D.C., Miami and elsewhere in the country.

Yet, people often think of asbestos as an old material no longer in use. Sadly, that's not the case. Not only is it still found in many old buildings, it is still being actively mined and exported and has never been officially outlawed in the United States. Our neighbors to the north in Canada still make plenty of money mining and exporting this clearly dangerous material to third-world countries, which are willing to put their people at risk, despite clear evidence that it kills.

New York mesothelioma lawyers have seen many clients who have died because of this painful and debilitating form of cancer. The most common cause is asbestos exposure working in plants, old factories, shipyards and while serving in the military.

Decades ago when asbestos was a popular material in this country for insulation, brake pads, piping and other fire-resistant needs, manufacturers continued to use the material, and failed to adequately protect employees, long after the hazards were known.

Many companies -- in an effort to save money -- refused to acknowledge the problem and didn't clean up their buildings, Instead, they simply left their employees at high risks of exposure. With a latency period of 30 to 40 years, those employees are now in retirement and being diagnosed with mesothelioma, a deadly form of cancer that most often affects the lining of internal organs.

In the case of Canada -- and Russia, which is another large exporter of asbestos -- they know the risks and are mine the material for those entities still willing to buy it. Third-world countries -- such as India with a large poor population -- continue to use asbestos because of its durability and convenience.

According to the story out of Toronto, an asbestos mine that was set to close now has new life with $25 million to finance it from investors. The Quebec government is providing a $58 million loan guarantee to keep it going. One of those involved with the project tells the newspaper he is "not exporting death.'

Yet, the evidence suggests otherwise. The plan is to increase sales to $150 million within two years and $3.4 billion over the next two decades. Last year, Canada was almost completely alone in opposing a United Nations treaty that would have added asbestos to a list of hazardous materials restricted worldwide.

"Asbestos is causing death and it can be prevented by stopping the export of it," said Paul Lapierre, vice-president of public affairs for the Canadian Cancer Society. At least there are critics. But apparently their voice isn't as influential as the millions of dollars that will keep this plant in operation and continue to put people at risk.

Some call it borderline racist to be exporting asbestos to the poorest people in the world, who may not have the same information about the dangers of the product -- nor the power to stop it.

Officials supporting the move say that today's asbestos is tightly "bonded" and is much different than looser asbestos widely used as insulation. Either way, it's still asbestos, it can still come apart and it still poses a deadly risk for unsuspecting victims.

Continue reading "Despite Obvious Risks, Canada Still Large Exporter of Asbestos" »

What are the Golden Years worth to you and your family? For patients diagnosed with mesothelioma in retirement, jurors continue to hand out verdicts that reflect the cavalier attitude of some of the nation's largest companies when it came to preventing asbestos exposure in the workplace.

As we reported recently on our Mesothelioma Lawyer Blog, the disease's 30- to 40-year average latency period means the number of cases could explode as millions of baby Boomers hit retirement.

Former major league baseball player and manager Charlie Metro succumb to the disease earlier this month at the age of 91. Information has not been made public that explains how he was exposed, but he has said that he spent summers working with his father in a Western Pennsylvania coal mine.

Our previous Mesothelioma and Asbestos Exposure blog discusses those most at risk, including those who were involved in mill work, automotive industry, shipbuilding and the heating and cooling or construction industries. Family members of an exposure victim may also be at increased risk. Long-term exposure is not necessary -- studies have found an exposure event as short as 1-3 months may be sufficient to cause mesothelioma. While asbestos was first used as a building material in the late 1800s, its risks were known by manufacturers as early as the 1900s. Unfortunately, those risks were far too often ignored, putting the health and welfare of workers at risk in order to make a financial profit. Mesothelioma victims attorneys continue to fight for the rights of those diagnosed with the disease. And juries continue to see through to the profit motive and indifference of the businesses and entities that caused needless pain and suffering.

Recent verdicts resulting from mesothelioma wrongful death or personal injury lawsuits include:

-A Newport News, Virginia jury awarded $25 million on March 17 to a former shipyard worker in what was one of the largest verdicts in Virginia history. The verdict against Exxon Mobile Corporation included $12 million in compensatory damages, $12.5 million in punitive damages and $500,000 in medical expenses. The 72-year-old victim worked as a shipyard supervisor from 1966 to 1977.

-Also in March, an Illinois jury awarded a 59-year-old victim $90 million in a lawsuit against four companies accused of exposing him to asbestos. He claimed he was exposed to asbestos while working as a pipe fitter in the 1970s for several entities, including Illinois State University, Bridgestone-Firestone, and The Eureka Co.

-On March 17 in Dallas, a $9 million verdict was awarded to a Dallas family on behalf of a deceased victim who was exposed to asbestos while working at Dow Chemical.

Continue reading "Mesothelioma Jury Awards a Reflection of Failure of Business to Protect Employees from Asbestos Exposure" »