Lung Mesothelioma

Both plaintiffs and defendants in asbestos lawsuits agree that asbestoscauses 80 to 90 percent of all mesothelioma cases. You would think that it naturally follows that 80 to 90 percent of mesothelioma lawsuit plaintiffs do not have to prove to a jury that asbestos exposure caused their mesothelioma. Until recently, that was not the case. Instead, through a legal process called reverse bifurcation, most if not all mesothelioma lawsuit plaintiffs had to first prove in court that their mesothelioma diagnosis is tied to past asbestos exposure. Once this was proved – and it usually was — most cases settled out of court.

Now, as reported by the Legal Intelligencer, after nearly a quarter of a century of trying asbestos lawsuits with reverse bifurcation, the Philadelphia Common Pleas Court’s mass torts program for asbestos began “straight-through trials” of asbestos cases in which it is uncontested that plaintiffs have mesothelioma because of asbestos exposure.

“Straight through trial” basically means that the plaintiffs do not first have to prove to the court – with documents and records and other evidence – that asbestos exposure caused their mesothelioma. Instead, the court takes for granted that it did, in which case most lawsuits settle out of court. So far though, even those that have gone through to trial have ended favorably for plaintiffs. One such mesothelioma patient and his family won $4.5 million in a recent trial verdict.

It’s good news for mesothelioma victims and not so good news for some defendants who make or have made asbestos-containing products. Examples of companies that had ready defenses to disprove asbestos exposure from their products as the cause of mesothelioma in a plaintiff include break pad manufacturers and insulation companies. These defendants would use reverse bifurcation to fight off taking responsibility for the victim’s illness. Hopefully, more states will follow PA’s lead on this.

If you or a loved one has suffered from asbestos exposure and later developed mesothelioma, call an asbestos attorney at Sokolove Law today for a free consultation.

Asbestos

A new study financed by a section of the National Institutes of Health has made the first potential connection to an individual’s genetics and susceptibility to eventually developing deadly asbestos illnesses such as mesothelioma.

The study, which was recently published online in Nature Genetics, found evidence that people with BAP1 gene mutations may have an increased chance of developing multiple cancer types such as mesothelioma, breast, ovarian, pancreatic and renal cancers. The study highlighted two U.S. families with members who have the BAP1 gene mutation. Both families also have “a high incidence of mesothelioma.”

Dr. Joseph R. Testa, another study co-leader and the Carol and Kenneth E. Weg chairman in Human Genetics at Fox Chase Cancer Center, said the study was the first to “demonstrate that individual genetic makeup can greatly influence susceptibility to mesothelioma.”

While only a first step, the discoveries noted in this study could one day lead to fundamental progress in mesothelioma care. Thanks to Drs. Carbone and Testa and their crew for the hard work. We hope this is just the beginning of bigger breakthroughs to come.

Living with the day-to-day hardships of mesothelioma – whether it is you or a loved one who has been diagnosed with the illness – is both emotionally and financially taxing. If you feel that a company or former employer may be responsible for the asbestos exposure that led to an illness, contact a mesothelioma attorney to learn about filing amesothelioma lawsuit.

Mesothelioma

Medical liability cases against obstetricians and other doctors who participate in the birthing process are most often spurred by errors in clinical judgment, miscommunication between doctors, and technical mistakes.

All of these errors can potentially result in a birth injury occurring that may remain with the newborn child for their entire lives.

According to a study released this month by CRIGO Strategies that analyzed more than 800 OB medical liability cases filed between 2005 and 2009, the three most common allegations in the lawsuits were as follows: Delayed treatment of fetal distress, improper execution of vaginal delivery, and improper management of pregnancy.

“Obstetrics has some unique vulnerabilities, most often involving situations in which a sequence of errors or oversights cascade into a crisis that can put mother and baby in jeopardy,” said Robert Hanscom, CRIGO’s senior vice president.

Obstetrician errors can result in a number of birth injuries that can affect the mother and/or the child being born. Among the more serious birth injuries a newborn can suffer from is cerebral palsy, which can affect a newborn for the rest of his or her life and often relegate them to a wheelchair and constant medical care.

If you or your child was born with a birth injury that can be attributed to medical error, such as cerebral palsy, there may be legal options available to you. Contact a birth injury attorney at Sokolove Law today to learn about your options regarding a lawsuit against the doctors who caused your injury.

Birth Injury

Aside from legal ads on TV, many Americans don’t know what asbestos is or where it can be found, let alone that exposure to this dangerous material can result in the development of an asbestos-related cancer such as mesothelioma. In fact, mesothelioma occurs in such a small number of patients – it’s estimated that only 2,500-3,000 new patients are diagnosed every year – that the disease is often referred to as an orphan disease. And while new mesothelioma treatments can alleviate symptoms and improve a patient’s quality of life, to date there is no proven cure for the disease.

Perhaps most troubling is the fact that despite these known health risks, asbestos is still not banned in the United States and is manufactured and used every day.

But you can help change this. There are a number of easy ways for you to join the fight to ban asbestos and beat mesothelioma forever, and it all begins with one simple goal: raising awareness.

Each year, the Mesothelioma Applied Research Foundation (MARF) recognizes September 26 as National Mesothelioma Awareness Day in order to educate the public about the dangers of asbestos exposure and raise much-needed financial support for research towards improved treatments of the disease. The first Mesothelioma Awareness Day was started in 2004 by a group of volunteers and every year since has been larger and more widespread.

Want to participate, but don’t know where to start? Here are some ideas:

• Write a letter to Congress urging them to ban asbestos. We have a pre-written letter on our homepage you can sign and send digitally in minutes. (Yes, your representatives really receive them and sometimes they’ll even write you back!)
• Spread the word! You can click the Facebook and Twitter buttons on the top or bottom of this page to easily share the news about Mesothelioma Awareness Day with your friends.
• Join MARF’s social media campaign. They have ready-to-use facts and updates for you to share online.
• Plan or attend a fundraising event. You can check MARF’s event calendar to see if there’s anything planned in your area, and if there isn’t, they have otherideas how you can become involved – both on 9/26, as well as throughout the year.
• Make a donation to a non-profit organization like MARF or the Asbestos Disease Organization (ADAO).
• Check out the Mesothelioma Resource Center’s list of ways to raisemesothelioma awareness, which include contacting local news outlets, meeting local government leaders, fundraising and more.

Whether it’s the click of a mouse or a dollar in a donation jar, you CAN make a difference on National Mesothelioma Awareness Day. By raising awareness, we can save lives through safety education and prevention, as well as gaining support for the movements to ban asbestos and secure additional funding for improved treatments.

So take action and spread the word! Together, we can ban asbestos and beat asbestos-related diseases like mesothelioma.

Mesothelioma

With Mesothelioma Awareness Day coming up on Monday, September 26th, we thought it apt to highlight the top ten products we were surprised to find that are still being manufactured today with the use of the known carcinogen, asbestos. Asbestos exposure has long been known to cause mesothelioma as well as other cancers and diseases. Mesothelioma Awareness Day is an annual day devoted to raising awareness about mesothelioma and raising funds for mesothelioma research.

In this post — the first in a series of Mesothelioma Awareness Day posts designed to help raise awareness – we present our top ten asbestos-containing products to be aware of:

Baby powder? Baby powder!

Baby powder and other adult cosmetic powders and talcum powders often contain talc. The International Agency for Research on Cancer (IARC) classifies talc that contains asbestos as “carcinogenic to humans” and talc not containing asbestos as “not classifiable as to carcinogenicity in humans.

2. Cigarette Filters

As if smoking cigarettes wasn’t already bad enough, asbestos has been known to be present in the filters.

3. Hair Dryers

Check with the manufacturer of your specific model, as some hair dryers have asbestos-based insulators.

4. Mittens

Are your hands really that cold? Some fire or heat-proof mittens have linings that contain asbestos.

5. Yarn

Typically, you don’t have to worry about the yarn you’re using to knit a scarf, unless it’s known to contain heat-proof threads, which contain asbestos.

6. Popcorn Poppers

As with hair dryers, most small electronics and appliances manufacturers have discontinued the use of asbestos. If yours is an older model or if you have concerns, contact the manufacturer.

7. Brake Pads

Many automotive parts are still manufactured with asbestos today, especially brake pads, to help prevent overheating.

8. Cork Board

If you have an old cork board and you can’t verify its safety with a manufacturer, think twice before tacking up your next picture or note.

9. Duct Tape

Many electrical tapes contain asbestos to help prevent melting or catching fire.

10. Rope

Although many ropes are asbestos-free, some that are heat or fire resistant do contain asbestos.

When asbestos fibers are inhalable, they are breathed into the lungs where the microscopic fibers embed into the tissue and accumulate. The inhalation of asbestos fibers is the leading cause of mesothelioma.

Speak to an Asbestos Attorney Today

For those who have been diagnosed with mesothelioma cancer that can be linked to asbestos exposure caused by a product or former employer, you may be entitled to financial compensation. Contact an experienced mesothelioma attorney to learn more about your rights, and to see if pursuing a mesothelioma settlement is in your best interest.

Asbestos

To all but the most hardcore retro fans, asbestos vinyl floor tiles almost laughably ugly. But they’re no joke – vinyl asbestos floor tiles are one of the top products responsible for mesothelioma, the rare but aggressive cancer caused by exposure to asbestos.

From the 1940s through the 1970s, anyone who manufactured or installed these floor tiles was likely exposed to asbestos and is at risk of developing asbestos lung cancer, mesothelioma or other asbestos-related diseases. Kentile and Flintkote are two of the top brands, but there were many other small, lesser-known asbestos floor tile products.

(A big thank you to Asbestorama for these photos. Check out his libary of asbestos products on Flickr)

1. Congoleum Vinylstone

2. Armstong Montina

3. Aristoflex

4. Congoleum Dominique

5. Kentile Floors

6. Johns-Manville Terraflex

7. Flintkote

8. Armstrong Excelon

9. Mystery flooring with asbestos backing

Asbestos

Because the use of asbestos is still not banned in the United States, there is always a risk that the building you are in may still contain some products that contain the deadly fiber in its walls. However, a British company has developed a new device that could be used in American buildings to reduce the risk of asbestos exposure until the fiber’s use is one day banned.

Datatecnics, a Birmingham, England-based company, has developed a special type of wall covering that is designed to detect small asbestos particles and prevent them from getting through to an area where people are located. The ADAAS (Asbestos Disturbance Automated Alert System) polymer film is also designed to trigger an alarm if it is breached in any way.

“Asbestos is in a lot of public buildings. The Government estimates that 70 percent of UK schools contain it and the guidance from the Health and Safety Executive is to manage most of it, not remove it,” Mohammad Zulfiquar, Datatecnics’ CEO, recently told Electronics Weekly.

While the company is still looking for investors before any widespread launch of the product, its mere existence could be a sign of good things to come in regard to the prevention of asbestos exposure in the years to come.

For those who have been diagnosed with mesothelioma cancer that can be linked to asbestos exposure caused by a product or former employer, you may be entitled to financial compensation. Contact an experienced mesothelioma attorney to learn more about your rights, and to see if pursuing a mesothelioma settlement is in your best interest.

Asbestos

A Colorado man has been sentenced to a four-year community corrections term and must pay more than $300,000 in restitution after releasing loose asbestos into the air when he improperly demolished his house.

According to a press release from Colorado Attorney General John W. Suthers, Thomas K. Tienda improperly demolished his Pueblo home by not hiring properly licensed personnel, or getting any of the proper demolition permits – including ones that ensure any asbestos products are safely removed and appropriately disposed of – before moving forward with the process.

Instead, Tienda hired homeless individuals to perform demolition work on the house, which resulted in the airborne release of dangerous asbestos fibers. Instead of safely disposing of the asbestos products, Tienda was also suspected of reusing some asbestos-contaminated materials following the demolition as well.

“There is no safe level of exposure to asbestos,” said Lori Hanson, special agent in charge of EPA’s criminal enforcement program in Colorado. “The defendant not only employed unsafe asbestos removal practices but tried to cover up his illegal actions. Today’s sentence should send a clear message that the EPA will continue working closely with our state enforcement partners to prosecute those who violate the law and place their private gains over the public’s well being.”

The asbestos exposure case that followed wsa prosecuted by the Office of the Attorney General in cooperation with the Pueblo District Attorney’s Office. The Colorado Environmental Crime Task Force, the Air Quality Unit of the Colorado Department of Public Health and Environment, and the Environmental Protection Agency’s Criminal Investigations Division also assisted in the case.

If you or a loved one have been harmed by asbestos exposure, contact Sokolove Law today to learn more about pursuing an asbestos lawsuit.

Asbestos

The Co-Founder, President & CEO of the Asbestos Disease Awareness Organization is urging the government to take action and ban the importation of asbestos following the release of a report that documents a spike in U.S. asbestos consumption during the first half of 2011.

Linda Reinstein, who founded the ADAO after her husband became sick with mesothelioma and passed away, wrote in a statement that she was “appalled and shocked” by recent data in the 2012 United States Geological Survey Mineral Commodity Summaries that showed asbestos consumption listed at 1,100 metric tons from January through July of 2011.

The figure represented a substantial increase from the consumption figure of 820 metric tons documented over the same seven month period in the same report one year earlier. The 280 metric ton difference represents a 34 percent increase in consumption.

Reinstein continued that the figures in the report run against the information that the asbestos industry has been arguing for years; that both the importation of asbestos from other countries and the levels of asbestos exposure that the public faces have been in decline.

In the wake of the report, she called on Congress and the President to “immediately prohibit the importation of raw asbestos and asbestos-containing products from crossing our borders to protect public health.”

“Nothing can bring [my husband] or the hundreds of thousands of other victims back to life, but we can begin by aggressively preventing exposure thus eliminating deadly diseases,” she said.

If you or a loved one have been exposed to asbestos fibers and later been diagnosed with mesothelioma, there may be legal options worth pursuing. Call Sokolove Law today to learn more about possibly pursuing a mesothelioma lawsuit.

Asbestos

Asbestos