Mesothelioma Law Firms

Archive for May, 2010

Mesothelioma patients may know they worked around asbestos which led to their development of the deadly cancer, but some other victims are not aware that the asbestos materials that they had been exposed to has led to their development of cancer symptoms. Asbestos is a well recognized carcinogen responsible most times for the mesothelioma cancer.

Unfortunately, there have been thousands of products that contained asbestos – cigarette filters, hair dryers, brakes, basement and roof materials, pipes, boilers, insulation, and many other products found throughout the home and at work. If you were diagnosed with mesothelioma it is more than likely that you were exposed to asbestos over a long period of time your life and that this happened decades before your were diagnosed with the symptoms of the disease.

In general, the value of your case depends on how many asbestos containing products you were exposed to, the number of identifiable defendants that still exist (many have declared bankruptcy), your age and earning capacity. And the speed of your case can depend on a number of variables including the state where you worked and lived when you were exposed to asbestos.

When you are given this diagnosis of mesothelioma, you will probably not feel like you have the time nor the emotional strength to pursue a lawsuit to claim damages. However once you receive a diagnosis of mesothelioma the best time to start pursuing your case is immediately. These are three main reasons why you should start pursuing legal action immediately:

1-Statutes of Limitations – There are statute of limitations which means you only have a limited time to file your case after diagnosis. The statute of limitations time period is set by individual states and varies. The clock usually starts ticking on the day of diagnosis. You co not have all the time on your side.

2-Financial Pressure – A mesothelioma diagnosis can bring financial stress, medical treatments for this type of cancer involves huge bills which are not covered by insurance all the time. You will need as much financial aid as you can get.

3-Lawyers Can be Excellent Resources – The more experienced mesothelioma lawyers and law firms can often be excellent sources of information about various doctors and treatment options available for this disease. They have been involved in this field for a long time and they know where you can best find help.

Choosing the best lawyer is serious business and you can not rely on TV ads as the reason to hire an attorney, you should check their credentials;

What type of accomplishments has the law firm achieved?

How committed are they to mesothelioma/asbestos cases?

Are these cases a substantial part of their practice or just a small piece?

How similar cases have they handled?

Also, make sure you discuss and agree on fees to be charged. Most mesothelioma lawyers charge on a contingency basis. Contingency fees are only paid to the lawyer only after they collect money for you. The amount of the contingency fee that your lawyer can charge varies and is usually around 35% to 40% of amount of claims won at the end of the case, if you do not win the case the lawyer does not get paid.

It is important to discuss fees openly, ask what services they cover, how they are calculated, and whether there will be any extra charges.

Finally, for something as important as a mesothelioma lawsuit, your attorney should not only be experienced, skilled, and dedicated, but also a trusted partner who understands that your health needs always take precedence. The best lawyers are those that are not only expert at what they do, but are also caring, supportive, thoughtful and compassionate.

I have an Uncle just diagnosed with Mesothelioma and was wondering if others knew of someone that had it too?

What are mesothelioma lawsuits and how do they arise?

Mesothelioma lawsuits are filed by the victims of mesothelioma to avail reparations for medical expenses, pain & suffering and loss of income associated with the growth of this disease. Mesothelioma is a kind of cancer, which is inflicted by exposure to asbestos most frequently used in industrial and residential places till the late seventies. The numbers of mesothelioma victims were on the rise as the employers continued using these hazardous materials despite knowing the harmful consequences of them. Thus the poor workers, who were ignorant of the potential health risks that they were about to confront, were the unfortunate victims.

In case the victim dies there is a provision that one of the family members or the executor of his estate can file the lawsuit. On the other hand a family member who has contracted the disease from the victim of mesothelioma can also file a lawsuit.Thus, if an individual is victimized owing to the negligence of another person, he has absolute right to take legal actions in the court of law for compensation. An individual needs to first consult with an attorney who deals with asbestos litigation and on his discretion the victim can file the suit.

How long does the process take and what are the end results?

These lawsuits tend to be cumbersome and longwinded. It could also stretch to years even to reach any settlement. Again all lawsuits are not necessarily longwinded; some of them take lesser time. However, in some of the cases the victims receive negligible amount of money, most of which are used to meet the lawyer’s and the court’s expenses. Nevertheless victims of mesothelioma should exhibit their rights and fight for their compensation.

Again, mesothelioma lawsuits are generally settled out of court before they are set for trail. This actually makes more sense because it curtails court expenses for both the parties.What can you do if you are uncertain about exposure to asbestos? If you don’t know where and when you were exposed to asbestos, you should speak to your lawyer who will help you out. The lawyer may possibly hire a professional investigator who can make the necessary investigations so as to find out where the exposure had occurred and who are the ones that can be held responsible.

How much do you have to pay?

Factually, you need not pay unless and until you receive your compensation. It is only then that your lawyer shall take a percentage out of the compensation as his remuneration.

How much can you expect as compensation?

Well it depends on how creditable your case is. You will find that past settlements amounted to quite a ransom. But in the recent past with the subsequent increase in the number of mesothelioma lawsuits, there is a sleek chance to realize the entire amount.

The history of mesothelioma lawsuits

According to U.S mesothelioma history, the first ever mesothelioma lawsuit was filed in 1966 against the careless use of asbestos. But unfortunately the verdict went against the case. For the second time, another suit was put forward for a co-worker and this time the case was won. This gave impetus to all those helpless victims who craved for justice as innumerable mesothelioma lawsuits cropped up simultaneously.Mesothelioma lawsuits also tells us that how ignorant people were initially about the causes and the aftereffects of the deadly disease. But now with the intervention of the law firms the victims of mesothelioma are provided with all-round assistance as regards lawful solutions to their righteous problems.

Researchers recently published the results of a study in the Journal of Clinical Oncology detailing a potentially new treatment for patients of abdominal mesothelioma that will likely improve the condition for patients.

The study found that when patients suffering from abdominal mesothelioma were given a combination of two drugs, Alimta (pemetrexed) and Gemzar (gemcitabine), their condition improved. The following are the results of the study:

* Response rate among patients was 15 percent.

* The control rate of the disease for patients while on the medication was 50 percent.

* The median time to disease progression was 10.4 months.

* The median survival time was 26.8 months.

* The mesothelioma study involved 20 patients suffering from the condition.

In addition to the two drugs, the patients received dexamethasone, folic acid and vitamin B12. The study was conducted by researchers involved in a multi-center U.S. trial. Researchers expect to continue studying the drugs?ffects on abdominal mesothelioma patients to determine if the treatment can be improved.

What is Abdominal Mesothelioma?

Abdominal mesothelioma is an extremely rare form of mesothelioma cancer. Commonly described as peritoneal mesothelioma, the cancer affects the abdominal lining, which is also known as the peritoneum. Within the abdominal cavity is the serous membrane, which is also known as the parietal peritoneum, and this membrane continues on to the visceral peritoneum that lines the organs. With abdominal mesothelioma, the visceral and parietal peritoneum linings are affected with the development of cancerous cells.

Most often, abdominal cancer occurs when an individual first develops pleural mesothelioma, which is when the lining of the lung develops cancerous cells after inhalation of asbestos. Pleural mesothelioma can then spread to the peritoneal cavity and cause peritoneal mesothelioma, which accounts for less than one-third of all mesothelioma diagnoses.

How is Peritoneal Mesothelioma Contracted?

Abdominal, or peritoneal, mesothelioma is caused through the inhalation of asbestos fibers or asbestos dust. Asbestos is a material that is derived from vermiculite, a mineral that was mined heavily in the United States and around the world in the 20th century. Asbestos was most commonly used as an insulation within the construction industry because it was flame resistant and was developed at inexpensive prices.

An array of mild to severe mesothelioma symptoms exist, including:

* shortness of breath.

* inability to breath.

* fatigue.

* wheezing or severe cough.

However, many of these symptoms are generalized to overall cases of mesothelioma. Specific symptoms exist for those diagnosed with peritoneal mesothelioma. These symptoms are as follows:

* weight loss.

* abdominal swelling, which can be caused by ascites or the buildup of fluid in the abdominal cavity.

* bowel obstruction.

* fever.

* anemia.

* blood clotting.

* trouble swallowing.

* swelling of neck and face.

Abdominal Mesothelioma Treatment

Abdominal mesothelioma treatments commonly consist of surgical procedures to remove the infected cancerous areas. Often, the main surgery involved with peritoneal mesothelioma is known as cytoreductive surgery. While many individuals will receive specific treatments based on their case, the surgery usually is coupled with a chemotherapy treatment — this treatment is often called the perioperative intraperitoneal chemotherapy and has been shown to slightly improve the median survival rate.

Obtaining Peritoneal Mesothelioma Legal Help

Individuals who have been diagnosed with peritoneal mesothelioma or any similar form of mesothelioma cancer are advised to locate an experienced mesothelioma attorney. Individuals who have been exposed to mesothelioma should contact a medical professional immediately because of the dangers that exist to even limited exposure to asbestos. These individuals may be able to receive monetary compensation for the extremely costly medical bills associated with abdominal mesothelioma.

It is especially important for an individual to seek legal counsel for their mesothelioma lawsuit if they were an employee within the metal, mining, maritime, construction and welding industries.

Miles for Meso is a program conducted for cancer awareness and research. It is a 5k race with attractive cash prizes. This walk/run will be not only fun but also educational. Whatever be your age or athletic capacity, you can participate in this event as it is targeted towards creating mesothelioma awareness in society and whatever little you do is sure to impact the cause.

Miles for Meso – More Info Who?

The ‘Miles for Meso’ race is being presented by the Simmons Law firm and 100% of the registration fees and donations will benefit the Mesothelioma Applied Research Foundation. This non-profit organization is deeply involved in research to discover and invent better treatment options for this terrible cancer. It has vowed to end the saga of mesothelioma as a life-ending disease. The Simmons Law firm is well known for their determination and passion towards the mesothelioma eradication cause. They have handled innumerable mesothelioma cases and have seen the victims suffering closely. Moved by their plight, the firm has vowed to raise $15 million towards cancer research.

When & Where?

Two races will be conducted –

The Race at Alton, Illinois on September 26 and The Race at St. Louis, Missouri on October 11. How?

If you are wondering in which to participate, then my best advice would be both. Just think of all the following goodies and I am sure you are going to do just that!

The first day in Alton you can get a high-tech full sleeved running t-shirt. Then, you register at a reduced fee in Alton for the St. Louis race and get a branded water-bottle. Next, on the race day at St. Louis, get a branded gear bag.

The registration fee is $15 till September 16 and $20 after that. If you decide to register on the day of the event, the fee would be $25. Already 200 people have registered for the race. So, hurry! You can register yourself online at http://www.milesformesothelioma.org/. Remember, all the collected funds go towards Mesothelioma Applied Research Foundation.

Why to participate?

If you are still wondering whether you should participate, then I would like to remind you again about mesothelioma. This terrible form of lung cancer has no cure and results only in death. While people can protect and prevent its onslaught, there is no way they can get themselves cured of it. So, lots of awareness about this disease needs to be created and funds are necessary for the same. So, be huge-hearted and contribute to the ‘miles for meso’ run even if you are not planning to participate in the same. It is all for a good cause.

There are three types of mesothelioma namely peritoneal mesothelioma, pleural mesothelioma and pericardial mesothelioma. The types of mesothelioma are given below in detail:

1. Pleural Mesothelioma:
Pleural mesothelioma is the most common type of malignant mesothelioma. It accounts for more than 75% of all documented cases of mesothelioma. Pleural mesothelioma affects the section of mesothelium called the pleura. Besides being the most common type of malignant mesothelioma, pleura mesothelioma is still found in rarity. This is the reason why pleura mesothelioma is confused with other types of similar diseases such as lung cancer and viral pneumonia. No doubt lung cancer is also developed due to asbestos (Asbestos lung cancer) but it is different from pleural mesothelioma.

Amongst all symptoms of pleural mesothelioma, chronic chest pain is the major one. A mass storage of fluid inside the pleural space can cause severe and chronic chest pain called pleural effusion. There are ways of draining the fluid and relieving the pain however there are possibilities of recurrence. A surgery can be performed to close the pleural space with no possibility of recurrence. Other common symptoms of pleural mesothelioma include:

-    Shortness of breath
-    Chronic coughing
-    Fever
-    Weight loss

Pericardial Mesothelioma:
Pericardial mesothelioma is the rarest form of mesothelioma. There are just 150 cases ever documented of pericardial mesothelioma. Pericardial mesothelioma affects the mesothelium called the pericardium which is the mesothelial lining of the heart. At present, only surgery is the treatment for pericardial mesothelioma. Through surgery the pericardium is removed to avoid constriction around the heart.

Common symptoms of pericardial mesothelioma are:

-    Chest pain
-    Abnormal or difficult breathing
-    Fluid buildup around the heart
-    Chronic coughing
-    Heart Palpitations

Mesothelioma of the Tunica Vaginalis Testis:
Mesothelioma of the tunica vaginalis testis is the rarest form of malignant mesothelioma. It accounts for just 100 documented cases ever. It affects the section of the mesothelium known as the tunica vaginalis testis. It is the mesothelial lining around the testes. Most patients with these disease are in their 50s or older and just 10% are younger than 25.

Common symptoms of this cancer are:

-    Suspected hernia
-    Hydrocele

Peritoneal Mesothelioma:
The second most common type of malignant mesothelioma is peritoneal mesothelioma. It accounts for around 10% – 20% of all the documented cases of the disease. This type of mesothelioma affects the peritoneum which is the lining of the abdomen.

Common symptoms of peritoneal mesothelioma are:

-    Abdominal pain
-    Swelling
-    Fever
-    Bowel obstruction
-    Reducing blood cell count
-    Blood clotting problems
-    Abdominal mass
-    Weight loss

Since the mining days, the employees on the mining sites particularly the ones with asbestos, suffered at some point from a form of cancer which is often known as mesothelioma. Mesothelioma Lung Cancer is a type of cancer which is affecting folks due to prolonged asbestos exposure dust, fiber etc .

This form of cancer has effects on the lining along the walls of the internal organs which is sometimes known as mesothelium. It mainly is outstanding in the lungs and the chest walls. Working with asbestos is alleged to be the main reason for Mesothelioma Lung Cancer and is thought to be more notable in men than in ladies.

If someone who is suffering form mesothelioma lung cancer and believes that the commencement of the disease is due to his past working experience in an asbestos mining site, then the affected person can file a court action against the mining company. By filing a suit the affected person can’t improve his health issues but can definitely hope to provide acceptable compensation for his hospitalization and care and his family benefits.

To file a lawsuit, a mesothelioma affected person can do so individually or in a bunch of similarly affected people. If a group file a lawsuit, then its known as a class action suit and will need to have certain benefits for the affected folks. The reason is because, class action legal actions will need to have a cut-off point set for settlement and the group can be represented by a mesothelioma class action counsel.

Howsoever you go for a legal action, your lawyer and law firm should have the mandatory experience in the domain of mesothelioma compensation. A good counsel can derive from his past experience and help you to choose what should be the right form of action and techniques.

You should usually be in contact with your counsel about the case and the status of the lawsuit so that if any info is needed from your side, it can be communicated as quickly as is possible. When you retain your mesothelioma barrister you should check out what their payment T&Cs are. Almost all of the mesothelioma lawyers do not charge their mesothelioma affected clients with any type of charges until the case is settled.

When the case is lost, the mesothelioma barrister does not charge the client any compensation for his item and effort. On the other hand, if the affected client has won the compensation, then the barrister will get a share of the loot. This ensures the counsel will be putting 100% in the case and there will be no fake eventualities. So these conditions can be reviewed by the client at the onset of a new case so that there’s no bewilderment about the lawyer’s costs and other charges later.

If you’re in doubt as to whether to consult a mesothelioma barrister, do proceed towards a reputed law firm, as the majority of the mesothelioma lawyers do not charge for a consultation. After the free consultation if you choose to not go through with a mesothelioma lawsuit, you’ll have no duties towards the barristers.

Montpelier district settles asbestos suit
MONTPELIER – The Montpelier School District has settled a lawsuit with a local flooring company that was accused of improperly handling asbestos during a project at the Main Street Middle School in 2008. … – By THATCHER MOATS Times Argus Staff

Read more on The Barre Montpelier Times Argus

It’s impossible to put a monetary value on suffering and loss of life. However when faced with mesothelioma or another asbestos-related illness, many people seek financial compensation to cover medical expenses and to try to regain quality of life.  The victim or their family may file a mesothelioma lawsuit in hopes of receiving a cash settlement or an award of damages from the court.

One of the most important steps during this process is to find an experienced mesothelioma attorney whose law firm practices in their state.  Many firms specialize in litigation that involves this type of sickness.  They can be found by searching on the Internet or from referrals from other patients and their families who have been through the process.

One of the law firm needs to have prior experience with asbestos-related cases is that the defendant may very well have been sued for this complaint before.  Many former employees may have sued a large company who has used asbestos over a prolonged period of time.  That means that the company’s lawyers may be well rehearsed at their defense strategies and armed with tactics to protect the company’s best interests.

An experienced mesothelioma attorney needs to be equally prepared.  They may already have research compiled on the specific corporation, which can save valuable time in preparing the case.  They will also have a set of policies and procedures in place for helping the client walk through the formalities and the decisions that come with a mesothelioma lawsuit.

One of the decisions that the attorney can help their client with is whether or not to accept a settlement if one is offered.  A mesothelioma settlement is a cash offer from the defendant (the company) in lieu of waiting for the decision of the judge or jury.  This cash settlement may be offered before the trial begins or after it has started.  Settling out of court saves both parties time and expense, but the plaintiff needs to realize that the defendant will try to settle for as little as possible.

To receive compensation, plaintiff’s attorneys must be able to present a strong case that proves that the defendant’s negligence caused the patient to get mesothelioma.  The amount that the defendant offers will usually depend on how strong they think the plaintiff’s case is.  If the plaintiff is a smoker or has other possible causes for lung cancer, they may offer less money to settle, or just allow the case to go court, hoping to win.

asbestos or mesothelioma. i work around this nasty insulation and its always flying in my face. so im a little concerned. please help.