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In Brown v. Lockheed Martin, an appeal from the United States Court of Appeal for the Second Circuit, from around 1950 through 1970, decedent worked as an aviation mechanic for the United States Air Force.  He was working at bases in the United States and in Europe during the years he was serving our nation.  He was exposed to asbestos on a regular basis during those years.

turbineenginepartsPlaintiff was eventually diagnosed with malignant plural mesothelioma as a result of his years of exposure to deadly asbestos fibers.  Asbestos is in a naturally occurring mineral that has been used for thousands of years due to its natural resistance to heat, fire, caustic chemicals and electricity.  However, it was during the industrial revolution in the United States and Europe that it became used in virtually every facet of industry, including production of goods and in the construction trades.  Continue reading

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A recent news feature from the Huffington Post looks at fights against various diseases in the United States and around the world throughout modern history.  One example was Polio, which was a major fear in cities such as Boston as recent as 70 years ago.  The disease was finally listed as being officially eradicated in the United States in 1994, which is about 50 years after the vaccine was first created.

whistle-1505616-300x225This, of course, was the Polio vaccine created by Dr. Jonas Salk.  Now that disease is listed as completely eradicated, children are no longer given oral or injectable vaccine against it, which was once commonplace. Polio is a disease that ravages the human nervous system and causes paralysis and death without the vaccine. Continue reading

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One of the worst things about mesothelioma diagnosis is that diagnosis normally occurs when the disease is in such an advanced stage that there is nothing much doctors can do to actually cure the patient. Doctors may be able to perform very aggressive surgical procedures followed by massive amounts of chemotherapy and radiation, which can prolong or extend life of the mesothelioma patient by several months, but the vast majority of patients die within 18 months of learning they have the disease.

woman-in-hospital-1051476-mThe reason has to do with how asbestos affects its victims. When a person inhales deadly asbestos fibers, they become lodged in a layer of tissue known as the mesothelium. Here they can metastasize into malignant mesothelioma. If the cancer occurs in the lungs, it is know as malignant pleural mesothelioma. If the cancer occurs in the chest, it is known as pericardial malignant mesothelioma, and if it occurs in the abdomen, as is often the case, it is known as peritoneal mesothelioma. Continue reading

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According to a recent news article from the Madison Record, a widow in South Carolina has filed a lawsuit against General Electric after her husband died from malignant mesothelioma.

judgeCourt records indicate that she is suing in her personal capacity for a tort known as loss of consortium, and in the name of her husband’s estate, as she has been named the administrator (executor/executrix). She has alleged her husband was exposed to asbestos for much of his working life, and his occupational exposure to the deadly asbestos fibers occurred while working with products General Electric had manufactured. Continue reading

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For those that have never seen the St. Louis Gateway Arch, it is hard to comprehend the scale of this magnificent landmark. In addition to the Arch itself, in which you can ride an elevator to the top and get a view of entire St. Louis area, there is an underground museum that is currently undergoing major construction.

arch-1-15160091-300x225While the work was initially going according to plan, work came to a standstill about three months ago when a contractor unintentionally cut into asbestos insulation that was surrounding an old steam pipe, as discussed in a recent news feature from the St. Louis Dispatch. Once the pipe was cut and the asbestos was detected, the entire work site had to be evacuated and all work had to stop at once. At this point, a certified asbestos abatement contractor was called in to the jobsite to perform a full assessment of the damage and to determine the next course of action. They soon discovered that this pipe had been cut by workers before the incident, which caused an evacuation work stoppage, and this other cut had been made about a month earlier. They were able to determine this based upon the location of the cut. This obviously caused fear among workers and project managers. Continue reading

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While the Green Line trolleys on the MBTA system are relatively knew and mostly made in Europe, those who ride the trolley between Mattapan Square and Ashmont still ride the vintage Presidential Conference Cars. These are the old trolley cars painted orange and off-white that one would expect to be sitting in a transit museum instead of out on the tracks.

roadtonowhereThere are variety of reasons the trolley cars are still in use, but a lot of that goes to their being a piece of living history for residents and the Massachusetts Bay Transportation Authority (MBTA) system in general. As it turns out, according to a recent news feature in the Dorchester Record, the fleet consists of ten trolley cars, and, of those, only six are usually in operating condition at any given time. These cars, which MTBA workers have nicknamed Mattapan Rattlers, are not easy to keep running, and lot of the problem has to do with getting parts. Continue reading

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Malignant pleural mesothelioma is a rare and deadly form of cancer almost exclusively caused by exposure to asbestos, and it occurs in a layer of tissue lining the lungs known as the mesothelium. If the cancer occurs in the tissue lining the chest cavity, it is know as malignant pericardial mesothelioma, and if it occurs in stomach it is know as malignant peritoneal mesothelioma. However, it should be noted that all forms of malignant mesothelioma are very aggressive and can spread rapidly to other parts of the body, regardless of where the tumors initially form.

syringe-1238929-mWhen a person first comes in contact with deadly asbestos fibers, they can become trapped in that layer of tissue known as the mesothelioma and eventually metastasize into malignant mesothelioma. This process can occur quickly, but in the vast majority of cases, it takes between 20 and 50 years for a patient to become detectably sick. Once this occurs, and the patient has noticeable symptoms, he or she is usually told there is only short time left to live. While there is no cure, there are drugs that can help extend this time period. Continue reading

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A recent news feature from The Harvard Crimson explains how asbestos was recently detected in an undergraduate dormitory known as Winthrop House and has caused at least one student to have to move out of his room and relocate to another dorm room.

warning-icon-45-1023139-mThe problems began last year when the student returned to his dorm room and found that a large piece of plaster form the ceiling above his closet had fallen and covered his clothing in dust during the process. This student contacted the residence hall staff, and a repair worker was dispatched to his room. When the worker arrived, he was concerned about asbestos and had a sample of the plaster tested at a materials lab. The lab confirmed the existence of asbestos. Continue reading

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Many buildings in Boston, the Commonwealth of Massachusetts, and the rest of the United States were built during an era when asbestos was used in virtually every aspect of production. While the asbestos was very dangerous to those who manufactured the products and to the workers who installed them, residents and occupants of the building are usually not at risk.

vermiculiteThe reason for this is because asbestos is only dangerous when it is inhaled, and, if there is asbestos in the walls, for example, there is not much risk of inhaling the deadly fibers. However, if the fibers are disturbed, the asbestos can become friable, which means that it is capable of being crushed by the pressure of the human hand. Once this happens, it becomes very dangerous. Asbestos can become disturbed by neglect that allows a building to crumble, and it can be disturbed in the process of conducting renovations or demolition. Continue reading

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Palmer v. 999 Quebec, Inc, a case from the Supreme Court of North Dakota, involved a plaintiff who was born in 1955 and was raised in Duluth, Minnesota. He was diagnosed with malignant mesothelioma in 2011. He died four years later in 2015.

shotKuettel, a predecessor in interest to the named defendant, supplied and installed insulation that contained large amounts of asbestos. Plaintiff’s father worked for this company for several years in the 1960s and 1970s when plaintiff was a child. Plaintiff alleged that he was routinely exposed to deadly asbestos fibers when his father would come home from work still covered with dust from the asbestos insulation products he was installing at commercial sites. 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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