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According to a recent news feature in the New Jersey Law Journal, an appellate court has just affirmed a landmark $1.6 million verdict in an asbestos case involving cosmetic talc. This is believed to be a first of its kind verdict.

gavel21.jpgDefendant was a supplier of raw talc for the manufacturer of two leading brands of talcum powder. Plaintiffs proved this talcum powder contained deadly asbestos fibers. Plaintiff was a 47-year-old man whose doctors diagnosed him with malignant peritoneal mesothelioma. The peritoneum is membrane forming the lining of the abdominal cavity.

During trial, plaintiff testified he was exposed to these talcum powder products between 1967 and 1975 while his father was working at the talcum powder factory. He was first diagnosed with malignant mesothelioma in 2011. As our Boston malignant mesothelioma attorneys can explain, this delay in being diagnosed is typical, as it generally takes between 20 and 50 years following asbestos exposure to be diagnosed with the disease. His father, as plaintiff testified, would come home from work with his clothes covered in asbestos-containing talcum powder dust at the end of his shift each night from the time plaintiff was born until he was eight years of age.
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When we send our young children to preschool each day, there are a lot of things about which we as parents worry. We are concerned our child may get hurt in an accident or fall. We worry they won’t get along with the other children, or that there could be fight.

But in this day and age, we generally don’t worry our child will come into direct contact with deadly asbestos dust. Unfortunately, according to a recent news article from Arlington Now, even this can happen.

old-schools-class-room-881694-m.jpgSchool officials in charge recently sent a letter to all parents of children who attend a certain daycare facility, telling them they have confirmed the presence of asbestos dust in the school.

Aerosolized asbestos dust is can be the most dangerous form of asbestos exposure, depending on the quantity of asbestos particles in the air.

School officials immediately closed the facility and told parents they are looking for a suitable temporary site to run the daycare while the asbestos abatement work can be performed by a licensed asbestos removal contractor.
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Mesothelioma is a deadly disease for which there is no cure. There are treatments that can be used to extend a patient’s life for a matter of months, or, in the best cases, years. However, once a patient is diagnosed with malignant mesothelioma, he or she usually only has a very short time left to live.

pills5.jpgThe reason for this is because of the manner in which asbestos affects the human body and how mesothelioma develops. Once a person is exposed to deadly asbestos fibers, these fibers can become trapped in a person’s lungs or other internal organs. They can become embedded in the lining of a protective layer of tissue known as the mesothelium.

At this point, the fibers are virtually impossible for doctors to detect early on. Even if they could, there is as of right now nothing doctors can do to remove them or treat a victim.

Over a relatively long period of time, about 20 to 50 years, the asbestos particles will metastasize into malignant mesothelioma. However, this is not to say all victims will be elderly by the time mesothelioma presents itself. There have been cases where young children were exposed to asbestos when their parents or other family member living with them came home from work covered in asbestos fibers. Children would hug their parents and breathe in the fibers.
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Asbestos has been used heavily during much of the last century in almost all aspects of production and construction. While many factory jobs and construction jobs involve working directly with asbestos, there are some jobs thought to be relatively safe from asbestos exposure. One of these safer construction jobs is sheet metal work.

hole-on-the-wall-1382106-m.jpgSheet metal workers typically handle projects working only with the metal and not coming in direct contact with asbestos-containing material like wall insulation or pipe insulation, some of the most likely sources of material emitting deadly asbestos fibers.

Unfortunately, many of these workers have been exposed to asbestos indirectly, and, while indirect exposure might seem safer, a recent study published in the

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When someone is exposed to asbestos and inhales fibers, it normally takes between 20 and 50 years for the fibers to lead to malignant mesothelioma. Patients typically do not realize they are sick until they develop symptoms. Symptoms can include abdominal pain, shortness of breath, and chest pain. Once a patient develops these or other symptoms of mesothelioma and sees his or her doctor, they often learn the disease is in an advanced stage. Life expectancy is significantly reduced upon diagnoses of mesothelioma.

ussupremecourt2.jpgHowever, a recent news article from the Kansas City Star discusses a new kind of asbestos class action lawsuit pending in a court in Missouri. In 1983, the county started renovating the historic courthouse. Witnesses describe an extreme amount of dust covering the courthouse during the renovations while workers were still there full-time during the process. There were reports of dust being tracked across the floor by workers’ boots. Some reports told of dust shooting in through air vents as renovation workers cut asbestos insulation away from pipes without turning off the ventilation system.

One courthouse worker who was present during the renovation developed malignant mesothelioma and died in 2010 at age 56. After her death, her family received a $10.4 million settlement from the county.
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With the unscheduled closing of Boston’s Long Island Homeless Shelter, city officials have been scrambling find a new location to house hundreds of displaced homeless residents and many drug rehabilitation patients.

renovationtime.jpgThe shelter was closed when the bridge connecting Long Island to Quincy became so deteriorated city engineers urged it immediately be closed to prevent a deadly accident. The worst damage requiring the bridge to close was found on the underwater support structures during an extended inspection. With the island effectively cut off from the mainland, there was no way to keep the shelter open, and city officials were forced to close it with little advanced warning or preparation.

The city hopes a new shelter under renovation and remodeling will serve as permanent housing for the over 700 former residents at Long Island. This new shelter is being constructed at what was once a plant where transportation department workers conducted equipment repair and made street and road signs. This plant is filled with asbestos used during its construction. Much of this asbestos was already crumbling down as a result of years of deterioration and insufficient upkeep.
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If you search the internet for “urban explorers” you will see websites dedicated to those who spend their spare time sneaking into abandoned buildings in cities across the United States taking photographs of what sometimes appears to be a window into the past.

3d-illustration-technique--concept-camera-1398481-m.jpgOne of the locations these urban explorers like to frequent is located in Westborough, Massachusetts. Specifically, this location is the long-closed Westborough State Hospital.

The abandoned 90-acre campus holds the crumbling remains of what was once part of the state psychiatric hospital. The old hospital buildings were used for over a hundred years and officially closed in 2010.

According to a recent news article from Wicked Local Westborough, urban explorers have taken photographs of rooms that have not been touched in years. Some of these rooms hold psychiatric equipment not used in decades. There are old rusty hospital gurneys, antique wheelchairs, large rooms filled with bathtubs, and other signs of how mental illness was treating during the early 1900s.
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There is no question that malignant mesothelioma is extremely rare absent exposure to asbestos. Basically, if a doctor makes a diagnosis of mesothelioma, it is presumed in virtually every case the disease was caused by exposure to the toxic fibers. The next issue that comes up is finding out the source of exposure, and doctors will conduct an extensive work history of patients to determine when and where asbestos exposure occurred.

breaker-1413858-m.jpgHowever, according to a recent article from the Madison-St. Claire Record, corporate defendants in mesothelioma injury lawsuits are trying to claim a certain genetic marker, if present in plaintiff, made this person significantly more likely to develop mesothelioma than those without the gene.

It is the BAP1 gene corporate defendants are saying makes a plaintiff much more likely to develop the deadly form of cancer. A researcher from the University of Hawaii believes BAP1 gene can increase the chance a person will develop mesothelioma and can actually cause mesothelioma. While this theory was first presented in 2011, this year is the first time lawyers are seeing it presented as a defense in mesothelioma cases.
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According to a recent report from Fairfield Daily Republic, one asbestos trial is garnering a lot of attention from corporate leaders. This trial involves a former shipyard worker who is dying of cancers caused by his occupational exposure to asbestos.

moneytower.jpgThis trial is expected to take many weeks to complete and is seen by those in the industry as a measuring stick for how juries feel about asbestos and mesothelioma lawsuits. What makes this case different than many others is that this California county is well known for returning verdicts in favor of defendants. Plaintiff’s attorneys are hoping, and feel confident, this might not be the case when the jury finally reaches a verdict in this matter. Corporate defense lawyers filled the courtroom to watch opening statements and get a sense for what the jury was thinking.

As for the plaintiff himself, he is 68-years-old and was diagnosed with malignant mesothelioma in mid-2013. He was a machinist who worked on submarines and ships at a California shipyard before retiring in the early 1990s. During the course of his employment, he was routinely exposed to asbestos dust.
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Many people think mesothelioma is a type of lung cancer. While mesothelioma is a cancer that can occur in the lungs, it is not considered lung cancer. Mesothelioma occurs when a patient inhales asbestos fibers and those fibers become embedded in a layer of protective tissues known as the mesothelium.

Over a period of 20 to 50 years, these fibers can metastasize into malignant mesothelioma. Mesothelioma can be found in the lungs, chest, abdomen, and other organs where mesothelium is present and can spread to other organs where it is not.

dna-1-1010760-m.jpgWhile it is easy for doctors to distinguish mesothelioma from lung cancer, it is not always so easy to determine whether a patient is suffering from breast cancer or mesothelioma, according to a new study published in the World Journal of Surgical Oncology.

The new study began when a 49-year-old woman presented with a three-centimeter hard lump in the layers of tissue of her right breast. Oncologists performed a biopsy and sent the removed tissue to a laboratory so histology could be performed.
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Boston Office
1 International Pl Unit 1810
Boston, MA 02110
Phone: (617) 777-7777Fax: (617) 722-9999
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60 Court St
Taunton, MA 02780
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Quincy, MA 02171
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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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