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Recently, Congresswoman Carolyn McCarthy filed an asbestos exposure lawsuit, alleging that her lung cancer directly resulted from the time she spent as a youth washing the asbestos-covered clothing of her father and brothers.boston.jpg

Her claim has been met with broad cynicism because of the fact that she recently quit her pack-a-day cigarette habit.

Although our Boston mesothelioma attorneys have written before on the issue of asbestos litigation brought by smokers and former smokers (the cases are possible to win and a person’s choice to smoke doesn’t negate a manufacturer’s duty to warn), one of the more prominent issues we see here is that of the every exposure theory.
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In most types of injury litigation, the question of when the damages begin accruing is quite simple: At the time of the injury.
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So if you’re involved in a car accident, you would be entitled to compensation for losses that began at the time the crash occurred.

mesothelioma lawsuits in Massachusetts are a bit more complicated, and the reason has to do with the nature of the disease and how it is contracted. The case of Kiser v. A.W. Chesterton Co., et al., reviewed recently by the U.S. Court of Appeals for the Third Circuit, offers up a good illustration of the issues at hand.
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Mesothelioma is a deadly type of cancer and there are limited treatment options available to victims who suffer from this serious medical condition caused by asbestos exposure. With thousands dying from mesothelioma each year, and the high rate of deaths likely to continue as people who were exposed to asbestos at work decades ago continue to get sick, research into treatments for this aggressive cancer are very important. freedom-2-889854-m.jpg

Unfortunately, our Boston mesothelioma lawyers know that the Sequester is endangering an important program that is designed to facilitate mesothelioma research. The Sequester refers to an arbitrary cut of the government’s budget that went into effect when Democrats and Republicans were unable to come to a budget agreement that would cut the deficit. When the Sequester was originally proposed by President Obama, both Democrats and Republicans expected that the threat of the Sequester cuts would force some type of agreement to be reached. Unfortunately, instead, these across-the-board cuts that no one wants have now taken effect and are endangering research that could help improve quality-of-life and outcomes for asbestos victims.
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Mesothelioma lawyers in Boston know that victims of asbestos exposure face many challenges in collecting full compensation for mesothelioma, asbestosis or other injuries and health damage that is caused by exposure to asbestos. These challenges include the fact that many companies that produced asbestos have gone bankrupt, and the fact that lung cancer, mesothelioma and other asbestos-related illnesses typically do not develop for decades after the victim was initially exposed to the asbestos. u-s--capitol-building-918333-m.jpg

Unfortunately, as if these challenges weren’t enough for people who are seriously ill or who are dealing with the death of a loved one, the government is now trying to make things even harder for asbestos victims. The U.S. House of Representatives passed a bill this November called the Furthering Asbestos Claim Transparency Act of 2013, or FACT for short.
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In the United States every year, an estimated 2,500 people die because they were exposed to asbestos at some point in their life. Many of these victims die from mesothelioma, lung cancer or other illnesses that are caused by asbestos fibers that become lodged in their lungs. silica-654947-m.jpg

Our Boston mesothelioma lawyers know that the United States government has imposed very strict limitations on the use of asbestos since the dangers of this silicate product were first identified. However, the U.S. remains one of the few industrialized countries throughout the world that has not instituted a comprehensive asbestos ban. In other locations, such as in Spain, a complete ban on asbestos means that there is a projected end-date for mesothelioma deaths.
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Asbestos exposure may seem like a relic of the past since the dangers of asbestos have been known for decades and asbestos is now tightly controlled and no longer used in new buildings or other common products. Unfortunately, mesothelioma lawyers in Boston know that people continue to be exposed to asbestos far too frequently. Not only that, but new cases of mesothelioma and asbestosis are diagnosed every day as people who were exposed decades ago finally become ill as a result of the damage the asbestos fibers have done to their bodies over decades. flying-bricks-1077693-m.jpg

As a new National Institute for Occupational Safety and Health study reveals that Americans are still losing hundreds of thousands of years of productive life because of asbestos, it is more important than ever before for employers and employees to be aware that there are still significant risks that workers will be exposed to and injured by asbestos.
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Asbestos lawsuits and claims related to mesothelioma and asbestosis continue to arise every day as more and more people get sick because they were exposed to asbestos at some point in their lives. Mesothelioma lawyers in Boston know that many plaintiffs face an uphill battle in obtaining full and fair compensation for serious illnesses caused by asbestos exposure, especially as many asbestos manufacturers have gone bankrupt or companies have gone out of business.

Still, plaintiffs continue to prevail in lawsuits and recover the funds they deserve. For example, several recent cases have brought good news for asbestos victims.
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Mesothelioma is an incurable cancer with a very low survival rate. Boston mesothelioma lawyers know that the average length of time a person survives with mesothelioma is just nine to 12 months. Because of the devastating consequences of a mesothelioma diagnosis, it is essential to do everything possible to avoid the risk factors that can result in the development of mesothelioma. gravel-pit-1421915-m.jpg

For most patients diagnosed with mesothelioma, the cause of their condition is exposure to asbestos. Asbestos is made of naturally occurring silicate fibers that, when breathed in, can become lodged in the lining of the lungs as well as in the stomach lining. The fibers cause irritation that, over decades, can eventually result in the development of mesothelioma, lung cancer and asbestosis. Because of the tremendous risks associated with asbestos and the high fatality rates of those exposed, asbestos is largely banned from most products and is tightly regulated today. However, people continue to develop mesothelioma. One study recently took a look at whether this deadly cancer may be caused by taconite dust.
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Mesothelioma lawyers in Boston know that mesothelioma is one of the most difficult cancers to cure, with a very low five-year survival rate. Research is continually being done to try to help mesothelioma victims, many of whom are sick because they were exposed to asbestos on the job or through the use of products with dangerous silicate fibers. chest-xray-262068-m.jpg

One recent clinical trial has provided some important information on a surgery that may be a method of treatment for mesothelioma patients. The surgery is called video-assisted thoracoscopic surgery (VATS).
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From 1999 to 2010, more than 427,000 life years were lost as a result of patients dying an early death due to asbestosis and mesothelioma. This data comes from a new study conducted by the National Institute for Occupational Safety and Health published in the American Journal of Occupational Medicine. gravestones-951616-m.jpg

Our Boston mesothelioma lawyers know that both asbestosis and mesothelioma are caused by exposure to asbestos that may have occurred decades ago. The long period of time before asbestos-related illnesses manifest, coupled with the fact that many manufacturers have gone bankrupt, can make it difficult for victims to recover compensation when early death occurs. Still, the tremendous costs in terms of life lost that this study reveals underscores the importance of victims being fully and fairly compensated for the devastation asbestos exposure has caused.
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Contact Information
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
By Appointment Only
Quincy Office
308 Victory Rd
Quincy, MA 02171
By Appointment Only

Worcester Office
43 Harvard St
Worcester, MA 01609
By Appointment Only
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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