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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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An asbestos tort reform bill has gained traction in Congress with approval from the majority in the U.S. House of Representatives. Luckily for those afflicted with mesothelioma and other asbestos-related diseases, it’s unlikely to gain enough traction to become law.senate

Although the measure has a name that implies “fairness,” it is in actuality anything but fair for victims. The Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016 was given the green light largely along partisan lines in January. The measure would prohibit class action litigation unless every single member of the class suffered exactly the same injury as the named plaintiff.

Additionally – and pertinent to mesothelioma victims – is that any damage settlement from an asbestos bankruptcy trust (funds set aside by companies bankrupted by asbestos litigation) would need to be made public. Continue reading

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For the improper handling of toxic material resulting in asbestos danger in Massachusetts, four affiliated firms agreed to pay $129,000 in fines. However, half of that cost will be deferred if the affiliates can manage to avoid any further environmental trouble, according to the Massachusetts Department of Environmental Protection. constructionsite

The settlement stems from a Suffolk Superior Court case filed in July 2014 against Patriots Environmental, an Oxford-based firm with affiliates there and also in Charlton and Worcester.

According to the government’s allegations, Patriots Environmental flouted safety regulations and proper procedures in the removal of asbestos from a residential home in Sturbridge. This is the kind of thing that exposes workers, homeowners, guests and even members of the general public to an unnecessary risk of a potentially fatal disease. Asbestosis and mesothelioma are caused by exposure to asbestos particles in the air, and it is well-established that there is no safe level of asbestos exposure.  Continue reading

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Boston Office
1 International Pl Unit 1810
Boston, MA 02110
Phone: (617) 777-7777Fax: (617) 722-9999
Taunton Office
60 Court St
Taunton, MA 02780
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308 Victory Rd
Quincy, MA 02171
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43 Harvard St
Worcester, MA 01609
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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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