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When asbestos is discovered in a building and must be removed, the first thing a landowner must do is to bring in a certified asbestos abatement contractor to perform a test to confirm the presence of asbestos.  The way the test works is that the contractor will have samples taken from the suspected asbestos material and carefully secure those samples, so they can be taken to a materials testing laboratory for microscopic analysis.asbestos

Once the presence of asbestos has been confirmed, a certified abatement contractor will work with local and federal regulators to obtain the necessary permits after submitting an asbestos abatement plan. All workers must be trained in proper asbestos handling techniques and should be provided with all necessary personal protection clothing and a respirator or ventilator.  Continue reading

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In 2016 it is safe to say that most adults are generally aware of what asbestos is and how it can lead to malignant mesothelioma.  This was not always the case.  In fact, even back 2,000 years ago, when asbestos was first used by humans, there were those who knew it was causing serious illness.  While they had no idea of how the cancer worked or spread, there have been documents recovered that show people becoming sick and dying after being in contact with the deadly fibers.

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The reason asbestos was used back then is because it is a naturally-occurring substance that easy to get out of the earth unlike other minerals and is naturally resistance to heat, fire, caustic chemicals, and electricity.  However, it was during the industrial revolution in Western Europe and America that asbestos became heavily used in virtually every aspect of production.  At that time it was still being used for its natural insulation abilities, but the companies were becoming well aware of the dangers it posed to mine workers extracting the silica compound from the earth and to everyone involved in the production of asbestos products, and to those using the asbestos productions in residential and commercial construction. Continue reading

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Mesothelioma cases can involve very complex litigation.  There are variety of different aspects of these cases that can complicate these matters.  One of the more difficult aspects, is that it is hard to determine exactly who manufactured the asbestos products that resulted in the plaintiff developing malignant pleural mesothelioma (MPM), for example.xrayanalysis

The reason for this is because, while a plaintiff may know he was working with a joint compound that contained asbestos, it would be necessary to figure out who provided the particular product at issue in that case.  One way to do this is by also suing the other parties who were responsible for purchasing the substance and providing it to the plaintiff who ultimately became sick from asbestos exposure. Continue reading

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These days, it is pretty safe to say that most people are aware that asbestos fibers are dangerous, and they can lead to a deadly disease known as mesothelioma.  Most people, however, think that mesothelioma is actually lung cancer. While it is true that malignant mesothelioma can occur in the lungs, it is not the same type of cancer we typically associate with years of smoking and refer to as lung cancer.  Lung cancer, while often deadly, is much easier to treat than malignant mesothelioma.

lungsA recent news feature article from the Public Slate takes a closer look the different types of mesothelioma and the different stages of the disease. First, it should be noted that the disease is called mesothelioma because it occurs when deadly asbestos fibers are inhaled by a victim and make their way into a protective layer or membrane of tissue known as the mesothelium.  While just about every organ in the human body is protected by a mesothelium membrane, malignant mesothelioma most often affects the lungs, the chest and the abdomen. Continue reading

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We are all aware that when a surgeon considers whether or not to perform surgery, he or she will typically look at the risks and the associated benefits of having a particular procedure.  Age is one of the factors that typically comes into play when making a decision about the risks involved.  There is no question that general anesthesia can be dangerous for elderly patients, and this will cause doctors to avoid performing many types of surgeries that cannot be done with local anesthesia.

surgeon-3-391477-mPatients with malignant mesothelioma, especially malignant pleural mesothelioma (involving the lungs) will typically need to undergo major surgery in addition to having chemotherapy and/or radiation.  Many patients will need to have a major section of the lungs removed and then have a heated dose of chemotherapy drugs applied internally directly to the place where the tumor was removed.  This is about as major a surgery as there is and there is no realistic way to do this while a patient is under a local anesthesia drug. Continue reading

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A recent article from Business Insurance involves a mesothelioma lawsuit in which the jury awarded the family of deceased worker (consisting of the children and surviving spouse) $17 million.

shotThe plaintiff filed the lawsuit in 2012, and claimed that he was exposed to the deadly asbestos fibers while working at a shipyard in Norfolk, Virginia in the late 1950s to the mid to late 1960s.  He had been working as a machinist at the shipyard for years.  A year after filing his lawsuit, he died from malignant mesothelioma. At this point, his family opened an estate in the name of the decedent’s estate and converted the action to a wrongful death case. Continue reading

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A recent news feature from the Boston Globe discusses how the historic organ pipes at one Massachusetts area church are finally sounding once again after a long period of asbestos abatement and other renovations that finally rendered the church safe again for its congregants.

mjYAjJYThis church’s pipe organ was built around 1874 and contains 633 individual pipes that have not been heard since 2012, when the church doors were shuttered, until this past weekend’s pipe organ festival that commemorated the reopening of the historic church. Continue reading

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A recent news feature from the Mass Media, which is an independent student run newspaper at the University of Massachusetts Boston (UMass Boston), discusses how asbestos levels at the campus are to be monitored from now on after soil samples taken from the school tested positive for what are being called low levels of asbestos after testing was performed at the end of last year.

lungsOnce the soil samples tested positive for the presence of asbestos, the Massachusetts Department of Environmental Protection (MassDEP) was notified, and further monitoring was ordered by the agency.  The soil samples were taken when a large-scale construction project was underway and areas of the soil were newly exposed after existing structures had been demolished. Continue reading

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Mesothelioma is a deadly and painful disease. Not only that, but the vast majority of patients are told they only have a very short period of time left to live after being diagnosed with the disease.  There is no cure for malignant pleural mesothelioma, and the only treatments that are available are generally very invasive, painful, and in the best case scenarios only increase a patient’s prognosis for a matter of months before he or she finally succumbs to the asbestos-related illness.

vermiculiteHowever, despite the many problems with finding a cure or more effective treatment, researchers are working every day on finding a better way to help patients who are dying from malignant pleural mesothelioma and the other types of malignant mesothelioma. There are three types of malignant mesothelioma, and the type depends on where the cancer occurs.  Typically, it is not truly different types of mesothelioma, but rather three separate locations for it. Continue reading

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In January, an appeals court in California upheld the award of $1.6 million in compensatory damages and nearly $4 million in punitive damages in an asbestos injury lawsuit. courthouse

That decision came following an appeal by defendants in Casey v. Kaiser Gypsum Company, Inc. following two jury trials – the first that determined liability and compensatory damages and a second limited re-trial that solely weighed the issue of punitive damages after the first could not reach a consensus.

Defendant had argued on appeal to the three-judge panel of the First Appellate District, Division Four that it was improper for the judge to hold a retrial just on the issue of punitive damages. Meanwhile, plaintiff had cross-appealed the fact that the trial court had reduced the punitive damage award from $20 million to just under $4 million.  Continue reading

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Disclaimer – The settlements above are only a sample of cases represented by our office. Each case is different and the amount of a potential resolution of your case will vary considerably depending on a substantial amount of factors. Some case results were worked in conjunction with partnering law firms.

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