Treatments for Mesothelioma Cancer

 

Mesothelioma treatment is determined on an individual basis

Mesothelioma is a cancer that can arise three to five decades after breathing in asbestos fibers into the lungs, usually from exposure in the workplace.
¹ According to the Mesothelioma Cancer Alliance
² only 3,000 people a year are diagnosed with this disease, making the research studies for effective treatment difficult. Because of the limited information on effective therapy, the goals of mesothelioma cancer treatment are to reduce the symptoms and increase lifespan, though clinical trials are also being conducted to develop better options.

Factors that determine mesothelioma treatment

Cancer specialists treat mesothelioma based on several factors:

• The severity of the disease
• The stage (or progress) of the cancer
• The size and location of the tumor
• The person’s age and general health
• The type of mesothelioma cancer
• Whether it is the first time the person has had the disease

Standard treatment options for mesothelioma

The standard treatment options for mesothelioma cancer, also known as malignant mesothelioma, are surgery, radiation and chemotherapy. Radiation and chemotherapy use high energy X-rays and chemicals to kill cancer cells. External radiation uses a machine positioned outside of the body to direct radiation at the tumor, whereas internal radiation uses radioactive substances placed near the cancer inside the body. Similarly, chemotherapy can be given in a number of ways — by injection into various parts of the body or orally.
Surgical options for mesothelioma lung cancer are:

• Removal of the cancerous tissue and some healthy tissue around it — called wide local excision
• Removal of the tumor from the lung, chest lining, and/or diaphragm in order to remove the intact tumor without damaging the structures — called pleurectomy and decortication
• Removal of a whole lung, part of the lining of the chest cavity, and/or part of the lining around the heart, depending on how far the cancer has spread — called extrapleural pneumonectomy
• Drainage of the space between the chest wall and the lungs and the use of chemicals to scar the lining and prevent additional fluid buildup — called pleurodesis

Advances in treating mesothelioma cancer

Each cancer center has their own preferred methods of treating mesothelioma. The larger and more research-oriented centers also offer new options for treating mesothelioma lung cancer.
One new treatment option for mesothelioma lung cancer is the use of targeted agents. This therapy uses drugs that target the tumor cells specifically, based on their DNA or other identifying characteristic. A similar approach is the use of biologics, which trigger the person’s immune system to fight the tumor cells.
Some cancer treatment centers offer targeted chemotherapy that involves heating the anticancer drugs before treatment, called hyperthermic intraperitoneal chemotherapy. The drugs are used to flush out the abdomen to remove cancer cells.

Take part in a clinical trial

A clinical trial is sometimes the best treatment option for a patient with advanced or recurrent mesothelioma. Many cancer centers have their own databases of the trials running at their facilities, such as MD Anderson Cancer Center in Texas, but the U.S. government also has a searchable database of clinical trials throughout the country at ClinicalTrials.gov.
References linked in the text
1. National Institutes of Health, Medline Plus. Mesothelioma. http://www.nlm.nih.gov/medlineplus/mesothelioma.html Accessed January 12, 2013
2. Mesothelioma Cancer Alliance. Mesothelioma Treatment. http://www.mesothelioma.com/treatment/ Accessed January 14, 2013
3. National Cancer Institute. Malignant Mesothelioma Treatment: General Information about Malignant Mesothelioma. http://www.cancer.gov/cancertopics/pdq/treatment/malignantmesothelioma/patient/page1 Accessed January 15, 2013
4. National Cancer Institute. Malignant Mesothelioma Treatment: Treatment Options Overview. http://www.cancer.gov/cancertopics/pdq/treatment/malignantmesothelioma/patient/page4 Accessed January 15, 2013
5. University of Texas MD Anderson Cancer Center. Mesothelioma Treatment. http://www.mdanderson.org/patient-and-cancer-information/cancer-information/cancer-types/mesothelioma/treatment/index.html Accessed January 15, 2013

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What to Expect When Filing a Mesothelioma Lawsuit

In a mesothelioma lawsuit, the plaintiff must prove the following:

• An injury was suffered
• The injury resulted from the defendant’s negligence
• Losses were incurred as a result of the injury

Because asbestos is the only known cause of mesothelioma, the plaintiff and his or her attorney must establish proof of exposure, which may have occurred decades before the diagnosis. The following evidence can help substantiate a link between the plaintiff’s illness and their exposure to asbestos:

• Records of all medical and financial expenses relating to the illness
• Reports of other employees in similar positions who contracted asbestos-related illnesses
• An estimate on the length of time the plaintiff was exposed to the asbestos
• Proof of the employer’s knowledge of the danger of the product and employing its use
• Proof that the employer should have known the dangerous nature of the product

Typically, the defendant will deny any guilt or wrongdoing when presented with the plaintiff’s allegations. The defendant will attempt to prove that the victim contracted the disease elsewhere and not under their umbrella of employment.  In these cases, the defendant may respond with claims that:

• Smoking and drug use caused the alleged health problems
• Family history shows a history a health problems
• The plaintiff worked with asbestos in other, worse conditions
• There has not been a formal diagnosis of mesothelioma by a physician
• Exposure to the asbestos also occurred at home, not just at work
• The medical condition is not related to asbestos exposure
• The family does not have the authority to bring a claim on the deceased’s behalf

If you have been diagnosed with mesothelioma, our lawyers can investigate your employment history to determine the source of your exposure. This will allow us an opportunity to show a causal link between your exposure and diagnosis, and to refute the defendant’s claims

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All About A Mesothelioma Lawyer

When someone is diagnosed with mesothelioma, they may find that they need an attorney to help them with their case. This is a disease that is rare, and there is little to be said about the condition. The rate of this disease is on the increase and there are new lawyers that are trying to settle many cases for different people. They have stepped in for the rights of the people to help them with their case.



Many victims of this disease need to have a mesothelioma lawyer to help them with their fight. These lawyers and law firms will deal with the victims and their families to help them claim the right compensation that they deserve from the companies that are responsible for their problems. These lawsuits result in a lot of money being won by the families when the right lawyer or firm handles them.

Handling asbestos causes mesothelioma. This comes from working in an environment that is affected by this deadly material or by someone that is contracted to remove it. Most of the time, the workers are made clear of the dangers that can be caused by working with this type of material. However, some employers will allow little or no protection from the material when the employees are handling it. These workers are entitled to compensation for their work.

Today there are many mesothelioma lawyers to choose from and there are many that are right for you. Many of these lawyers have dealt with this type of suit in the past and know the correct way to handle it. Those people that are looking for a lawyer should choose someone with a good history and experience in this type of case. Most lawyers are happy to provide clients with information that may be helpful in using them for your services. They will show past cases with the names deleted to show proof of their victory.



It is a good idea to find out if the mesothelioma lawyer that you are looking into has won any of their cases or not. These elements can make all the difference when it comes to trying to find the right lawyer to help you with your situation. It is a good idea to do as much research as you can on the entire situation. You may be able to determine your future when you choose their right mesothelioma lawyer for you and your case.



When it comes to being sick with a disease that could have been prevented, it is hard to deal with. Finding the right mesothelioma lawyer to help you in your fight against these companies is a good start. You will be fighting for something that means so much to a lot of people and it will be worth it in the end.

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Mesothelioma Law Firm

Mesothelioma law firms have become common in recent years as the full extent of damage that asbestos can cause is now known.  Asbestos is a dangerous material that will cause cancer and respiratory diseases such as mesothelioma after long term exposure to dust and asbestos laden diseases.  Watching a loved one suffer due to mesothelioma is difficult and litigation will be the last matter on your mind, but rest assured that by pursuing litigation, you will receive the damages you or your loved are entitled to and these damages will go a long way to treating the illness and making those suffering from asbestos-related illnesses receive the treatment they need.  The mesothelioma law firm, through years of working with clients in similar situations will be able to guide you through the process, eventually securing a settlement or taking on the responsible party in court.
What to tell the mesothelioma law firm
The mesothelioma law firm will assist you in determining how you were exposed to asbestos and what share of the liability that party has in the exposure.  To assist in this process, be ready to present all information you have that expresses your relationship with the party responsible for the exposure.  This includes employment contracts, pay stubs, leases, tenant agreements and other evidence of employment or occupancy in an asbestos laced building.  If you are unsure how and where you were exposed, the mesothelioma law firm will try their best to help you figure it out, generally through investigating former employers or landlords.
You should also provide the mesothelioma law firm with an estimate of medical expenses and other costs related to the asbestos related illness.  This will provide a reasonable benchmark of the appropriate sum to seek in settlement or at trial.  The mesothelioma law firm will inevitably quote a higher number for damages as the other party responsible for the exposure will try to force the settlement offer lower.
Where to look for a mesothelioma law firm
This website can help you find a mesothelioma law firm.  Use the Find Attorneys search function at the top of the page for listing and more information.
Advertising is very prevalent when dealing with mesothelioma law firm, especially the larger, national law firms.  Advertising will provide you with a potential lead, but it should not be used as the final determinant of a good law firm and you will need to use criteria other than advertising to make your decision.
Class action suits
Some mesothelioma law firms will coordinate several plaintiffs into a class action suit against an entity that has sickened multiple persons.  If you are informed of a class action suit you must replay in the negative if you do not wish to tie your settlement to the other plaintiffs.  Agreeing to be part of the suit or declining to answer will entitle you to the damages collected as a result of the lawsuit and nothing more.
Personality & Values
The best mesothelioma law firms will be objective and impartial when evaluating your claims.  This will prevent you from being misled or overestimating the strength of your case.  Litigation will not be a short process and you should be informed beforehand of the potential risks, costs and time investment needed to win damages.  If you feel the mesothelioma law firm is making unreasonable promises or too readily agreeing with you, you should be concerned.  You do not want validation for you beliefs on the merits of this case.  You need objective and impartial opinions and results.
Communication is also critical when dealing with sensitive matters such as this.  Poor communication with clients should be grounds to find another lawyer that is interested in the outcome of the case and keeping the client informed of the process.
The worst mesothelioma law firms will rush to a settlement, prematurely collecting their fees so that they may accommodate other clients.  Expect the big mesothelioma law firms with hundreds of clients to do this.
Fee disputes and ethics
If you have a fee dispute with the mesothelioma law firm, bar associations and some state discipline authorities will maintain dispute resolution and grievance services for clients.  You need to be willing to demonstrate how the fee arrangement is exploitive.  Fee disputes are usually due to a failure of communication and the lawyer is not typically punished for this lack of communication.
Matters that are more serious will involve complaints and grievance boards.  All attorney discipline will proceed through here and members of the mesothelioma law firm will face potential sanctions for unethical behavior, if they are found to have violated those rules.  Lesser violations will result in public or private warnings.
Rates, Fees & Retainers
Whenever you work with any law firm, you need to agree on the cost of the legal services first and get applicable fees in writing.  Once you communicate effectively here, you may proceed to deal with other matters related to the case.
Contingency fees are the most typical fee arrangement collected by mesothelioma attorneys.  Many states place limitations on the percentage of contingency fees that may be collected and you should ask about this limitation when meeting with a mesothelioma attorney.  Codes of professional responsibility may also place limitations on the percentage that a mesothelioma attorney can collect from a client.
A retainer fee is a non-refundable advance payment by the client that covers the cost of services provided by the lawyer.  If you cannot afford to keep a lawyer on retainer, the lawyer may work by hour or on contingency.  Lawyers working on an hourly basis will become very expensive if the litigation is not settled outside of court.  It is rare to have a mesothelioma attorney working on retainer rather than contingency.
Interviewing your attorney
The following questions are important when interviewing your attorney:
Is my case within the statute of limitations?
Can you help me determine when and where I might have been exposed?
Will I pay for the services of an expert witness?
Do you think the defendant will try to settle before we go to trial?

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Asbestos and Mesothelioma

What is Asbestos and Mesothelioma Law?

Asbestos and mesothelioma law covers personal injury litigation brought by victims of a rare cancer, whose condition resulted from exposure to a toxic mineral previously used in the construction and manufacturing industries. These tort actions seek compensation for the medical expenses and suffering of victims. Or, if the victim has passed away, the goal is to compensate family members for the loss of their loved one. In either case, the basis of the suit is the gross negligence of the defendant, for exposing the victim to a substance known to cause disease.

History and Scope of Asbestos Exposure

Asbestos is the name used to describe several natural minerals with physical characteristics making them ideal for all sorts of commercial applications. These minerals are strong, heat resistant, and cheap to produce. Asbestos fibers can be mixed with cement or woven into cloth. Until several decades ago, the material was commonly used to make home ceiling insulation, floor tiles, vehicle brake pads, firefighting suits, and more. The maritime industry also made extensive use of asbestos in the manufacture of civilian and military vessels.

Concerns over the health related impacts of asbestos began during the industrial revolution and continued well into the 20th century. Early cases of illness involved asbestos workers who suffered respiratory problems from breathing the airborne fibers. The first case of mesothelioma traced to asbestos exposure was reported in 1964, and widespread use of asbestos finally ceased in the late 1970s and early 1980s.

Evidence suggests that during the time asbestos health concerns were on the rise, so too was the use of the material, as companies made the strategic decision to increase production and use profits to pay future legal claims. This was possible due to the lengthy amount of time (20 to 50 years) that typically elapses between exposure and the onset of mesothelioma. The reprehensible conduct of asbestos producers, and the devastation mesothelioma inflicts on its victims, have led to mass tort litigation in recent years.

Legal Recourse for Mesothelioma Patients

Financial compensation is available for those diagnosed with mesothelioma. But legal action must be taken quickly, as a number of factors can make obtaining compensation difficult or impossible for victims who delay. For example, all states have enacted “statutes of limitation” that impose time limits for bringing an asbestos-related lawsuit. Statutes of limitation generally run from the time of diagnoses. In a few states, including California, the deadline for filing suit is as short as one year.

Sadly, patients who wait to pursue legal action will also find themselves up against the reality of the short lifespan associated with mesothelioma. Money awarded in these cases is meant to provide an opportunity to seek the best medical treatment possible, and alleviate financial concerns so the victim can concentrate on fighting the disease. If a legal claim is not brought immediately, the proceeds may come too late to directly benefit the victim (although the money can be a means for the victim to provide for the financial security of surviving family members).

Hiring an Attorney and Filing Suit

Once a victim meets with an attorney, the attorney’s law firm will step in and handle nearly all aspects of the case, so the client can concentrate on medical and personal matters. The responsible parties will be identified, as well as any additional sources of funding, such as victim trust accounts set up by asbestos companies that have closed down or gone bankrupt. Suit will be brought either in the state where the client lives, or in another state if doing so will increase the odds of obtaining a large damage award.

The attorneys for both sides of the case will then conduct “discovery.” Discovery is the process of exchanging records and other evidence. During discovery, the client may need to appear and give testimony at a deposition, which will be held nearby for the convenience of a client who is sick and suffering. Representatives for the defendant will also be deposed. This is the opportunity for victim’s lawyer to question the defendant about the case, on the record and under oath.

When discovery is complete, the parties will have the evidence they need to evaluate the value of the plaintiff’s claim. Settlement discussions will then be held, and if a dollar amount can be agreed on, the money will be paid to the plaintiff and the case will be dismissed. If an agreement cannot be reached, the case will go to trial. Often, mesothelioma victims will opt to resolve the matter through settlement, although those who go to trial are routinely rewarded with large, multimillion dollar jury verdicts.

Mesothelioma Lawyers are Standing By

If you or a family member has been diagnosed with mesothelioma as a result of asbestos exposure, you do not need to worry about the cost of seeking justice. Attorneys who specialize in these cases are available to meet with you for free, and to pursue your claim on a contingency basis. Contact a lawyer now to find out more.

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Asbestos Information 2015

Asbestos is the name given to a group of naturally occurring fibrous minerals found and mined worldwide. There are different varieties of asbestos, distinguished from each other by the size, shape, and strength of the fibers. The fiber most commonly used in commercial applications is fiber of the “chrysotile” variety. Chrysotile asbestos fibers are like little corkscrews instead of having a straight shape. The fibers adhere together in fiber bundles. Because of its fibrous nature, asbestos “shreds” into microscopic particles that remain in the area when larger particles of dust and debris have been swept away.

Asbestos has the properties of being both malleable and heat-resistant, making it excellent for a number of uses. The fibers can be spun and woven into thread or cloth, and writings from the ancient Romans tell of it being woven into candlewicks so that lamps could burn with an inexhaustible flame. Pliny the Elder also observed the high rate of lung disease and death for people who mined the asbestos or wove it into cloth.

In the modern era, asbestos was commonly added to insulation for pipes and boilers, to drywall and joint compound, to gaskets and packing for valves and pumps, to fireproofing spray in buildings, to cement, to brake linings, to vinyl linoleum, and to other products used in construction of buildings. It has excellent filtering properties and has been used in various different liquid and air filters. Asbestos has been used in making molds for dental crowns. Appliances (including televisions, stoves, and hair dryers) and other electrical equipment used asbestos paper to insulate hot areas or asbestos insulation to protect the wires. Asbestos cloth has been used to make “fireproof” curtains for theaters and clothing for firefighters, and to protect welders from sparks. The miners of the asbestos fibers and the people in the factories who manufactured the asbestos-containing products may have been the most heavily exposed of all workers, but they were not the only ones.

One of the widest uses of asbestos was in insulation aboard ships. Asbestos parts were used not only as components in the ship’s machinery, such as in packing for the pumps or firebrick materials for the boilers, but also to cover the steam lines throughout the ship. Steamlines ran throughout eating and sleeping quarters and other work spaces aboard ships, so even persons who never went into the machinery rooms were exposed to asbestos from the insulated pipes. There are many anecdotes of military seamen being in their bunk when the guns were fired on the ship; the shaking from the guns caused dust to fall on the sailors from the insulated steamlines. The states with the highest rates of malignant mesothelioma or other asbestos-related diseases are the states where shipbuilding and ship repair were large industries during and after World War II.

Another significant source of exposure to asbestos is schools. Because of concerns about keeping children safe from fires, asbestos materials were frequently used in the construction of schools. Students and teachers were then exposed when later construction or remodeling disturbed the existing asbestos materials. Further, asbestos fibers do not disappear or disintegrate on their own, and they are recirculated through movement and activity. Once asbestos is in the air in a closed environment, it is difficult to remove it.

A third prominent areas in which asbestos products have been used is in construction and remodeling, including work on residential and commercial buildings. Persons working in construction are frequently exposed to asbestos through the activities of other tradespeople performing work in the same area. For example, if a drywaller sands downs the area where he has applied joint compound that contained asbestos, the asbestos fibers in the joint compound are released into the air and can be inhaled by a carpenter working with just wood and nails in the same vicinity. Sheet metal workers might scrape off fireproofing spray previously applied to a girder in order to do their own work, and thereby disturb the asbestos fibers in the fireproofing.

Another group of people frequently exposed to asbestos products are those worked in the maintenance mechanic trade and related occupations, such as millwrights or machinists. They are exposed through removal of insulation surrounding pumps or boilers, through removal of gaskets and valve packing in the pumps or machinery, and through the insulation on the steam lines coming from the boilers. Again, if a team of insulators or pipe-fitters comes in to do repairs to a damaged line and removes asbestos-containing insulation from the pipes, the people responsible for maintaining the machinery would be exposed to asbestos fibers through that work as well as through their own.

Asbestos has also been commonly used in brake shoes and lining (for automobiles but also for locomotives and for clutches on other machinery). Although it is commonly believed that asbestos was made illegal in the late 1970’s, many uses are still legal in the United States. A NIOSH study in 1989 stated that asbestos was still a component in a majority of brakes. The study estimated that 155,000 mechanics and automotive garage workers could be potentially exposed to asbestos contained in brakes. Asbestos brake pads have not been banned by the EPA, nor has the import of asbestos-containing materials from some of the other countries that continue to manufacture them. Exposure to asbestos friction materials still presents a hazard to mechanics working in the present day.

While exposure to asbestos is primarily an occupational hazard, asbestos did not stay out of the home. People have been exposed to asbestos through any repair or remodeling work done on their home, and disclosure of asbestos materials is still required when selling a house. The families of people who worked in trades where they were exposed to asbestos were also frequently exposed through contact with the worker. Children hugged their father when he came home from work and breathed in the asbestos dust on his clothing. Women shook out and washed their husband’s dirty work clothes daily. Shipyard workers and insulators would bring home pieces of asbestos cloth, valued in the home for its absorbency and softness. Asbestos fibers remained in the worker’s car. Illustrating the unpredictability of asbestos-related diseases, sometimes the person who worked with the asbestos products never develops a serious illness while a family member contracts malignant mesothelioma.

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Mesothelioma lawyer and Mesothelioma attorney

Esothelioma lawyer – Filing a lawsuit is an option for most people diagnosed with an asbestos-related disease. The laws regarding who can file and in what time frame filing must be done vary from state to state. Some claims may be prohibited by certain statutes. Most asbestos-related lawsuits are filed in the state where the majority of the exposure took place. These are often states with a history of shipbuilding as a big industry, such as California, Florida, Maine, and Mississippi, or other industrialized states such as Ohio, Pennsylvania, or Michigan. There areasbestos lawyers in every state, however, and firms will sometimes refer part of a case or even the entire case to a different asbestos firm in order to make sure all possible defendants are included. Cases where the injured person was in the Navy, worked for a railroad, or was a merchant seaman have different jurisdictional issues that may call for the lawsuit to be handled in a variety of ways.

Finding a good mesothelioma lawyer is often a matter of word of mouth. Long-time union members may have co-workers who have filed cases themselves. Navy seamen can find out about other navy members’ cases at ship reunions. For other people, however, finding a mesothelioma lawyer to represent them means searching on the Internet. Most successful firms make patients with malignant mesothelioma their top priority and work very hard to help their clients obtain reasonable settlements as quickly as possible.

Once a person has decided to file a lawsuit for malignant mesothelioma, he or she will have to do work in order to make the case strong. Mesothelioma attorneys may be able to obtain settlements against a few defendants on the basis of the medical diagnosis alone, but usually evidence of exposure to a particular defendant’s product is needed. Clients will need to be able to provide their attorney with as detailed a description of what work they did with asbestos-containing products, and when and where they used them, as possible. This can be particularly difficult if the exposure was decades ago. Since the cases where a person was exposed to asbestos from a single source are extremely rare, it is important for the person to try to remember all forms of possible exposure. Identifying other witnesses to the exposure, such as co-workers, is also crucial to building a case.

Medical evidence will also be needed. Medical evidence generally takes the form of medical records, X-rays or CT scans taken, and pathology. If the patient elects not to have a biopsy and therefore cannot confirm the diagnosis ofmesothelioma, the legal case may be more difficult.

In an asbestos case, the client will also be expected to give a deposition, or answer questions about his or her work, health, exposure, and so on under oath. This can be a stressful experience for a person in the best of circumstances, and patients with malignant mesothelioma may find it difficult. It is significant to the legal case, however, and patients should work with their attorneys to do it as comfortably as possible.

Asbestos litigation

Asbestos litigation has been complicated recently by an increasing number of companies filing for bankruptcy. When a company has filed for bankruptcy because of asbestos lawsuits directed at it, bringing an action in civil court is no longer an option. Instead, the person must, through a law firm, file a claim against the trust established by the company to pay people with asbestos-related diseases. When the claim is against an established trust that has been paying on asbestos cases for years, it can go very smoothly. But there are many instances of companies filing for bankruptcy while there are active cases against them in the state courts, and the people who have filed those cases may have to wait years until a trust fund is established. Additionally, there are efforts underway in the United States Congress to create a national asbestos trust fund administered by the federal government. This is one of the top priorities for President Bush in his second term. Creation of a national trust fund would greatly alter the way people with malignant mesothelioma or other asbestos-related diseases are compensated for their illness. Patients should consult with their attorneys about what this means for their particular cases.

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Mesothelioma Law Firm Fees

Mesothelioma law firms may have different fees as well as different payment options. However, an experienced and caring law firm understands that victims of asbestos-related diseases more than likely have enough financial burden in dealing with their illness, and are unable to afford up-front fees for legal representation. As a result, many law firms work on what’s known as a contingency fee basis, meaning that the law firm only gets paid when you get paid.
If the law firm doesn’t win your case, they don’t receive compensation either in most instances. The good news, however, is that a law firm has to be confident enough in your case to take it on, meaning there is a good chance that if your case is picked up, it will be successful.
Law firm fees are percentages taken out of your total settlement or verdict amount, and again, the percentage amount will vary depending upon the law firm. Make sure you understand how the fees and percentages work with your law firm beforehand so that there will be no confusion later on.
If a law firm doesn’t provide a contingency fee basis, there is a good chance that they don’t have to financial resources to successfully prove your case. Keep in mind that you’ll want a law firm that has the financial capability  to take on your case on a contingency fee basis.
Attorneys without the resources to handle your case usually can’t provide you with the best representation. An ideal rule of thumb is to ask up-front about how the fees work so that there are no surprises later on. Attorneys with your best interest in mind will have no problems answering any questions you have regarding fees and prices.

Frequently Asked Mesothelioma Law Firm Questions

Do I have to go to court? 
This is one of the most commonly asked questions, which is understandable, as most people who are dealing with an asbestos-related illness generally do not want to spend time in a court room. Generally, you will not have to go to court. Most mesothelioma lawsuits are taken care of via settlements.
In some instances, however, if the defense doesn’t agree on a settlement or if you don’t agree on a settlement, you may have to go to trial, which requires going to court. An experienced mesothelioma law firm will help you through every step of the way, and if you are too ill to attend, arrangements can be made to record your testimony beforehand.
What if I don’t know which company exposed me to asbestos? 
As previously mentioned, part of a mesothelioma law firm’s job is to uncover the parties responsible for your asbestos exposure. The culpable parties are typically manufacturers who supplied asbestos to job sites, which can range from one company to many.
I have workers’ compensation benefits. Can a mesothelioma law firm still help me even if I have other compensation benefits?
Other compensation benefits, such as workers’ compensation or VA benefits, doesn’t disqualify you from seeking compensation from the companies who exposed you to asbestos. A mesothelioma law firm can help you file a lawsuit against the responsible parties.

Additional Tips to Remember

• When searching for a mesothelioma law firm, you shouldn’t narrow your search down to your local community only. There’s a chance that your case may be filed out of state.
• An experienced mesothelioma lawyer should have no problems flying to your city to meet with you, given that they are out of state.
• Although the law firm should be able to give you an average figure that you may receive, giving an exact amount is impossible. Any mesothelioma law firm that guarantees you an exact amount should be considered untrustworthy.
• A mesothelioma should be able to handle not only mesothelioma cases for survivors, but wrongful death cases involving asbestos exposure.

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How a Mesothelioma Law Firm Can Personally Help You

When first getting started, victims usually have a plethora of unanswered questions regarding asbestos and their rights. A mesothelioma law firm should be able to provide you with following information:

• Evidence Related to Your Exposure: Once you provide the law firm with your work information, they should be able to investigate and determine how asbestos was used at your workplace. In some cases, they may already have the information available.
• If You Truly Have an Asbestos Claim: Mesothelioma law firms understand what’s needed in order to have a true asbestos claim. With this knowledge, they are able to determine how strong your case is and what the estimated chances are that you’ll win. Most attorneys make sure they’re confident in your case before taking it on. Be wary of any attorney who promises to take your case without knowing any of the details or an attorney who claims they can get you an exact amount of compensation before reviewing your case.
• Your Case Worth: If the law firm decides you have an asbestos case, they will then be able to come up with an average figure of how much your case is worth. This is including past expenses, daily expenses, medical bills, lost wages, emotional trauma, physical suffering, future expenses, and much more. Keep in mind, however, that there is no set formula as to how much your award amount may be. The aforementioned factors, along with other details, such as if your former company has a trust fund set up or not, will also come into play.
• Who Exactly is Responsible: It can be difficult for the average person to determine who exactly is responsible for exposing victims to asbestos. For example, companies can move, go out of business, hide, suppress relevant information, and change ownerships. In some cases, your former company is responsible, the manufacturer of the asbestos products may be responsible, or supervisors and/or owners may be responsible. In other instances, there may be just one sole responsible entity, yet in a different case, there may be several responsible parties. Remember that part of an experienced mesothelioma law firm’s job is to research, seek out, and determine the entity or responsible parties that are liable for your exposure to asbestos.

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Gene Mutation Argued as Mesothelioma Link by Defendants

Mesothelioma plaintiff attorneys are up against a novel defense that has been made thus far in at least five pending cases.
It is the assertion that a gene mutation in certain people (i.e., plaintiffs) creates a greater propensity to develop diseases such as asbestosis and mesothelioma.
This, of course, deflects the blame from where it actually belongs: On the manufacturers and distribution companies that allowed workers and the public to unknowingly be exposed to asbestos, a toxic substance that is the only known cause of such diseases. The new defense attempts to flip established science on its head by asserting that not only does the genetic mutation create a greater propensity that one will develop a disease if exposed to asbestos, but that the mutation itself might actually directly cause these diseases all on their own.

The argument centers on a genetic mutation identified as BAP1. Researchers from the University of Hawaii are the ones to posit the direct causation theory with regard to the gene.
It's worth noting this research isn't entirely new. The report in question has been around since 2011. However, it's only very recently that the theory has been used in court - despite the fact that it's just that: a theory. It has not been proven. It hasn't even been all that widely tested.
In the view of our mesothelioma lawyers, it is simply another attempt by defense lawyers to worm their way out of responsibility for egregious misdeeds many years ago. Those actions include actively concealing the dangerousness of asbestos, as well as presence of the material in a wide variety of products, and thus failing to protect workers and the public from injurious exposure.
Attorneys representing plaintiffs are working to stop forced genetic testing in mesothelioma cases in which the genetic mutation claim is asserted.
It's unclear whether such efforts will be successful, but they are being closely watched. For example, in the Ortwein lawsuit, the judge overseeing the case approved a defense request to force plaintiff to produce a sample of lung tissue in order to be tested. Although it was allowed during the discovery phase pre-trial, the issue of whether that evidence will be allowed at trial remains up in the air.
Defendants were able to overcome concerns about genetic privacy in one of the cases by arguing that, because original plaintiff was now deceased (from her illness), no other person could claim a valid interest in her privacy, such that might interfere with the persons' right to use, control and disclosure. The judge agreed.
So far, this defense is not widely used, and it is still strongly held that asbestos is the only known cause of mesothelioma in the United States. We could see that assertion more forcefully challenged if additional defense attorneys begin adopting this theory.
Even so, we have yet to see extensive, scientific proof of this theory as it pertains to causation, and that is one area in which this could be effectively challenged in court.
Help for mesothelioma victims can be found at The Ferraro Law Firm by calling 1-800-275-3332. Offices in Miami and Washington, D.C.

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Kaenzig v. Charles B. Chrystal Co. - Talc Asbestos Verdict for Plaintiff Affirmed

A landmark asbestos case verdict against a talc supplier has withstood appeal in New Jersey, where the appellate court affirmed a $1.6 million judgment in favor of the plaintiff, who was allegedly exposed to the asbestos-contaminated talcum powder as a child by his father, an employee at a cosmetics company warehouse.
The defendant firm in Kaenzig v. Charles B. Chrystal Compan,y Inc. was the supplier of raw talcum powder (talc) allegedly contaminated with asbestos. Specifically, the products were used to create talc powder for Desert Flower and Old Spice.
The plaintiff alleges he was exposed to the asbestos during the first eight years of his life through talc powder that remained on his father's clothing. The defendant supplier relocated its operations out-of-state in 1975, and after that the plaintiff said he was not exposed to other asbestos.

Although the plaintiff, when he grew up, began working in fiberglass insulation, he contends by that time, the late 1980s, the dangers of asbestos were well-known within the industry and asbestos use in insulation at that point had been mostly discontinued. Furthermore, he noted he was trained to recognize asbestos, and in working exclusively in residential settings, he never removed asbestos. If asbestos was identified, another company would be called in to conduct appropriate removal before he would start work.
In late 2011, the plaintiff was diagnosed with peritoneal mesothelioma.
Although talc, a naturally occurring mineral, does not inherently contain asbestos, evidence at trial revealed geological surveys of the three mines where defendants obtained their talc - one in Italy, one in Alabama, and one in North Carolina - did in fact contain asbestos. The defendants did not dispute this fact.
The trial judge would not allow evidence of the plaintiff's expert witness testing of "vintage" products produced by defendants, but the fact that the mines where the talc was taken contained significant levels of asbestos proved powerful.
One expert witness for the plaintiff testified that even small quantities of asbestos in talc could result in an injurious level of exposure. First of all, one 50-pound bag of talc containing just 1 percent asbestos would yield one-half pound of asbestos. That would amount to trillions of fibers of asbestos.
What's more, talc would allow the easy release of asbestos into the air because it is inherently friable. Asbestos that is airborne is by far the most dangerous.
Plaintiff experts further opined that no level of asbestos exposure is safe. They outlined number of studies showing "bystander exposure" or "take-home exposure" - i.e., that which is brought home by a worker to their family members - had resulted in development of diseases like asbestosis and mesothelioma in those family members, even when the individuals hadn't worked directly with the toxin. Furthermore, there is some evidence to suggest children exposed to asbestos at a young age are more at risk for developing mesothelioma than adults who are exposed (although it's certainly dangerous for people of all ages).
The jurors sided with the plaintiff, awarding $1.6 million in compensatory damages, to be paid by the talc supplier. Within that award was $200,000 for loss of consortium suffered by the plaintiff's wife.
The defendant appealed, arguing the "vintage product" testing results should have been turned over to the defense, even if not used at trial. Other arguments indicated certain testimony by expert witnesses and former employees was improper and prejudicial and that the plaintiff did not prove a failure to warn resulted in his injuries.
The appeals court affirmed the award, finding no prejudice, no abuse of discretion, and no trial court error.
Help for mesothelioma victims can be found at The Ferraro Law Firm by calling 1-800-275-3332. Offices in Miami and Washington, D.C.

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Defendants Pursue Genetic Mutation Theory in Asbestos Cases

A seemingly novel defense appears to be gaining steam as yet another defense team is pursuing the "genetic mutation" theory in a case of asbestos injury.

The burgeoning hypothesis is that some people are genetically pre-disposed to developing asbestos-related diseases, such as asbestosis, lung cancer, and mesothelioma. The gene, "BAP1" is being used to explain why some people exposed to asbestos go on to suffer little consequences, while others develop chronic or terminal diseases. Some of the arguments predicated on the genetic theory suppose mesothelioma and related conditions are caused solely by this gene.
Plaintiffs, meanwhile, continue to argue the disease is caused by asbestos exposure (the only known, proven cause of mesothelioma and asbestosis), and that companies knew the material was dangerous and exposed workers and the public to it anyway without warning.

In the most recent case, defendant Georgia Pacific has asked the St. Louis Circuit Court for an order that would compel a blood examination from the plaintiff, which would be used for purposes of genetic testing. Georgia Pacific was later dismissed from the action via a settlement agreement, and the order to compel the test was not ruled upon.
The request, however, reveals that we could see this becoming a defense in mesothelioma litigation, as opposed to a seeming shot-in-the-dark. But the extent to which it continues to be raised as an issue will depend on its success, which is why so many are watching these cases carefully.
Defendants in mesothelioma cases often find their defense angles are limited. It's clear these companies produced products that were unreasonably dangerous, and not only did they fail to warn people about that fact, they often actively concealed risks while failing to take protective measures that would shield the health and well-being of those who used the products.
Asbestos was widely used for much of the 20th century and was contained in products ranging from motor vehicle brakes to ceiling tiles to building insulation.
Despite research on the genetic angle being scarce, when the lead defense lawyer for Georgia Pacific requested the blood samples of the plaintiff in the St. Louis case, she stated the gene is "known to cause" mesothelioma.
This stems from the opinion of just two researchers - one with the University of Hawaii and another with the Fox Chase Cancer Center in Philadelphia - who allege the gene mutation predisposes some people to cancers, which includes mesothelioma. While these two have posited the gene mutation alone can cause cancer, without asbestos exposure, there has been no evidence of this or significant testing to prove it. Medical experts largely reject this theory in the absence of more proof.
The plaintiffs in the St. Louis case stated the request by Georgia Pacific was, at best, misleading. To assert that the mutation of the gene is "known" to cause diseases attributed at this point solely to asbestos isn't scientifically or medically supported.

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