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One of the most common tactics employed by asbestos defendants is to drag on proceedings as long as possible. The hope is plaintiffs will be so overwhelmed, they will simply give up.
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Our Boston mesothelioma attorneys know the fight sometimes extends even beyond trial phase, as many losing asbestos defendants appeal, hoping to slash the verdict or toss it altogether. Experienced legal representation by attorneys who are dedicated to fighting aggressively for the plaintiff at every phase is critical.

This was recently underscored yet again in the case of
Vanderbilt v. Galliher, where the Delaware Supreme Court ruled a lower court made a mistake in failing to grant a new trial to asbestos defendants on the grounds key witnesses had made derogatory statements in front of the jury.
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The Supreme Court of California has agreed to hear an appeal involving a plaintiff who sued his uncle’s employer. According to a recent article in the San Francisco Chronicle, the plaintiff, who is dying from mesothelioma, has alleged that he was exposed to asbestos when his uncle returned home from work covered in asbestos dust.

asbestosdusthazard.jpgHis uncle worked for a company that manufactured asbestos-filled brake linings for automobiles. Under the normal rule, an asbestos manufacturer is not liable for illness to anyone who came in contact with its employees. However, the intermediary court of appeals held that a company that uses toxic materials must take appropriate steps and use reasonable efforts to keep safe family members who live with their workers.

Pllaintiff said that he would spend around three nights a week in his uncle’s home as a child and remembers his uncle being covered in dust from work. As our Boston mesothelioma lawyers know, asbestos consists of six naturally occurring silica minerals and has been used through the industrial revolution in a variety ways, due its ability to withstand heat, electricity, and many caustic chemicals. It was used in brake linings to prevent the brakes from overheating and catching fire, which can happen on large commercial vehicles.
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In Boston mesothelioma lawsuits, a key point that must be made – even before a case can make it to the trial phase – is sufficient proof the condition was caused by the defendant, either through action (producing a dangerous product) or inaction (failure to warn).
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Some defendants have worked the time lapse present in most of these cases, as well as the large number of defendants, to their advantage. Symptoms of mesothelioma, a terminal form of cancer caused by exposure to asbestos, do not appear until decades after exposure. By then, memories fade, records are discarded and it can be difficult to pinpoint exact times and dates. Beyond that, asbestos was used in a wide range of products throughout the 20th Century. For a plaintiff, the challenge is to show there was a significant degree of exposure to the defendant’s product and that it was that exposure which substantially contributed to illness.

In the recent case of Ganoe v. Metalclad Insulation Corp., a trial court had granted summary judgment to the defense, which argued causation – connecting the plaintiff’s illness to exposure to the defense product – was lacking. However, the California Court of Appeal, Second Appellate District, Division Three, reversed.
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In Collin v. CalPortland Company, a case from the California Court of Appeals, the plaintiff was a construction worker from 1955 through 1995. He was diagnosed with peritoneal mesothelioma and alleges that his cancer was caused by exposure to asbestos-containing plastic cement and a joint compound that he came into contact with on many job sites.

asbestos pipe.jpgAs our Boston mesothelioma lawyers understand, this case highlights the importance of having a witness who can prove a plaintiff’s exposure to asbestos.

While there were 22 named defendants, the manufacturer of the plastic cement and the predecessor of the manufacturer of the joint compound separately moved for summary judgment to dismiss the plaintiff’s claims against them.
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Our Boston mesothelioma lawyers know companies across the world exposed both workers and consumers to deadly asbestos fibers while fully aware of the health consequences.

asbestos-244234-m.jpgIn a recent article from ABC News, authorities are concerned homes in Sydney may be have been built with deadly asbestos in the 1960s and 1970s.

This story involved asbestos “fluff” pumped into the roof spaces in homes to act as insulation. Asbestos is a naturally occurring mineral that can be processed into a variety of forms to serve as insulation that is resistant to heat, electricity, and chemicals.

While asbestos was once thought an amazing product that was both cheap and effective, we know now that breathing asbestos fibers for even a short period of time can lead to the deadly form of cancer known as mesothelioma. The fibers are inhaled and get embedded in the lung tissue. The body has no natural way to expel these fibers, so they remain in the lungs, causing cancerous growths.
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According to a recent story from Construction Enquirer, two brothers who ran a billiards hall have been sentenced to prison for exposing workers to deadly asbestos fibers. One of the workers was only 17-years-old at the time of exposure.

garbagebags.jpgCourt records indicate the owners were never qualified in demolition or construction work, and were not licensed in asbestos removal. The government health service had issued numerous warnings and citations about the presence of asbestos in the building they were attempting to renovate. The health service issued a cease order demanding that they stop all work involving asbestos.

Despite these government notices, the owners were found to have removed several truckloads of asbestos-containing debris. They took the toxic material to an unlicensed disposal location. Witnesses observed workers covered in dust and not wearing any protective clothing or equipment.

The judge noted that at least seven workers were observed working in this asbestos-filled environment. Both brothers pleaded guilty to conduct which constituted a wilful disregard for the safety of workers. One of the defendants was sentenced to 22 months in prison and the other was sentenced to 14 months of incarceration. They were also ordered to pay £43,000 in fines and court costs.

Our Boston Mesothelioma attorneys note one of the most disturbing parts of a story like this is that there is no way of knowing if the workers will develop a deadly form of mesothelioma. Mesothelioma is caused when asbestos fibers become embedded in the lung tissue of those exposed to the toxic substance. Once the fibers are embedded, mesothelioma can develop 20 to 50 years after exposure in typical cases. There are no symptoms or treatment. There is also no way for doctors to remove fibers, and the human body does not have a natural mechanism for doing so.
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According to a recent article from Huffington Post UK, more than 3,000 students in Wales were housed in dormitories that contained asbestos. University officials confirmed the presence of the toxic material, but, because it was deemed “low risk,” the university chose not to tell students. This decision was called reckless by one British health foundation and others are calling for transparency.

asbestos.jpgThese organizations are asking the university to put the safety of students first and to provide students will all known information about the asbestos contamination in student dormitories.

As your Boston mesothelioma lawyers knows, asbestos was a commonly used building material from the 1950s to the early 1990s. It was primarily used in construction for fireproofing and insulation. During this period, workers were exposed to deadly fibers present in asbestos dust. If inhaled, fibers are known to cause a deadly form of cancer known as mesothelioma. However, the victim does not normally experience any symptoms of the cancer for decades after exposure.
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According to a recent article in the Mail, an Australian court awarded plaintiff a $2.2 million verdict. The plaintiff is dying of the deadly lung cancer, mesothelioma. This case is significant because it is the highest verdict ever awarded in an asbestos exposure case, and it occurred in a country that is not known for high verdict amounts in personal injury cases.

oldfactory.jpgThe worker, who is now 54 years old, worked at a steel mill from the time he was 19 to the time he was 21. Evidence at trial showed that his employer knew asbestos dust was present in large quantities at the steel mill. The company also knew that even a very small amount could be fatal to workers.

Four years ago, plaintiff was diagnosed with mesothelioma caused by asbestos exposure. He is currently confined to his bed, suffering from severe depression due to the fact that he does not have long to live. He has said his mood has suffered along with his health. He will never get to spend time with his grandchildren or grow old with his wife.

As your Boston mesothelioma lawyer can explain, the fact that asbestos manufacturers and factory owners knew they were exposing workers to deadly fibers and didn’t warn them or take safety precautions is the reason for such high verdicts.
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A recent article from Michigan Live focuses on an investigation by the U.S. Environmental Protection Agency (EPA) into complaints of improper asbestos removal at an old school for the blind building.

demolishingcraneeatingthebuilding.jpgOur Boston mesothelioma lawyers know that asbestos removal is a dangerous process. Not only can the removal process lead to additional exposure, an incomplete removal process can leave people with a false sense of security.

At this school building, EPA inspectors arrived wearing full body HAZMAT suits to protect themselves from the deadly fibers. When asbestos fibers are breathed into the lungs, they become embedded in the tissue, leaving the body with no effective way to remove them. The fibers then interact with the cells of the lungs and abdomen and can lead to mesothelioma lung cancer.
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A recent British article reports that a hospital administration trust has reported itself to the government health service after staff members raised concerns that the buildings in which they work contains asbestos, a deadly substance known to cause mesothelioma.

65901_hospital_corridor_3.jpgThe government investigation lead to findings that resulted in the trust pleading guilty to five separate safety violations pertaining to the presence of asbestos. At this time, authorities stated that no employees had contracted mesothelioma, but they were concerned that many eventually would become ill.

As your Boston Mesothelioma attorney can explain, this deadly form of lung cancer is not usually detectable until decades after exposure. It is for that reason that significant litigation is often needed to prove when and where the asbestos exposure occurred. Typically, the exact time and place of the exposure is not documented by a government agency before the disease develops.
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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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