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We have read and researched a great deal about individuals who were diagnosed with mesothelioma years after they were exposed during their employment in a Navy shipyard or an auto mechanic shop or in roofing. oldfactory.jpg

What our Boston mesothelioma lawyers know is less common is how asbestos may affect those living, working or attending school near those locations.

Now, British researchers studying an “epidemic” of mesothelioma in two Italian cities indicates that the impact is major.

In both communities, Bari and Monferrato, there were asbestos cement factories. This was the one link they had. However, huge numbers of those who were being diagnosed with the terminal cancer had never worked in those facilities. Why were they getting sick?

Researchers took tissue samples from a number of those patients, and also interviewed them in face-to-face interviews. They took note of their residential and occupational history, and then matched up the physical samples with the anecdotal evidence obtained from the interviews.

What they found was this: Being exposed to the fibers in their neighborhoods put them at grave risk for mesothelioma. In fact, the researchers weren’t able to tell much of a difference between the tissue samples taken from workers as opposed to non-workers.

This brings us back to the notion that no exposure to this compound is harmless.

The factory in Casale Monferrato was the first and largest cement factory in Italy. It opened in 1907 and was operational through 1986. More than 1,500 workers at a time toiled at the factory, handling pipes, corrugated sheets and pressure pipes that were made using mixtures of asbestos.

The factory was on the outskirts of the town, which had about 40,000 residents during the 1980s. The warehouse where all of the products were stored before shipping was on the other side of town, which meant the asbestos-laden products were regularly shipped back and forth across town every day, their cancerous fibers spilling throughout the air and into the lungs of the residents.

In 1984, however, the company shut down after a measurement of asbestos fiber concentration indicated extremely high levels.

The other factory, in Bari, was operational from 1934 to 1989. It employed about 500 people at any given time, and similarly produced pipes and sheets made from asbestos mixes.

In Monferrato, of the 454 reported cases of mesothelioma as of 2008, about 370 of those never worked at the factory. In Bari, of 78 new cases of mesothelioma identified between 2000 and 2009, about 25 had never worked at the plant.

What this shows us is that a larger number of people may be at risk for mesothelioma, and may not even realize it. Those who have worked in industries where the disease has been prevalent – albeit decades later – there is more awareness. Those who weren’t employed in those industries and may have had no clue they were even at risk for exposure may be less likely to receive a proper diagnosis at the first sign of illness. Doctors have indicated that the sooner a mesothelioma patient is diagnosed and treated, the longer their expected lifespan will be.
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There is a widespread misconception that we don’t use asbestos in the U.S. anymore because we know how dangerous it is. containership.jpg

We know that exposure can be fatal. We know that hundreds of companies have been made to pay billions due to litigation proving they knowingly exposed employees and consumers to the material because it was cheaper than to protect them from it.

And yet, our Boston mesothelioma lawyers know that not only do we continue to use asbestos in this country, the U.S. Geological Survey now reports that our consumption of asbestos increased by a whopping 13 percent from 2010 to 2011.

Asbestos has never been outlawed in the U.S., despite repeated efforts, although it has not been mined here since 2002. For the most part, any asbestos that is used is imported.

In 2010, about 1,040 metric tons of the organic mineral was imported into the U.S. Compare that to 2011, when there 1,180 metric tons were imported.

It’s a relatively small amount when compared to the rest of the world’s production (2.04 million metric tons in 2010 and 2.03 million metric tons in 2011), but note that world demand has gone largely unchanged, while the U.S. demand has risen sharply.

Researchers indicated that the increase of the product most likely went to “stocks for future use,” as it was unlikely the market had expanded much in a single year.

Of the industries using the materials, the USGS broke down the consumption by industry:

  • Roofing – 41 percent;
  • Diaphgrams for the chloralkali industry – 28 percent;
  • Coating and compounds – 2 percent;
  • Plastics – less than 1 percent;
  • Other – 29 percent.

In addition to importing asbestos, the U.S. is also responsible for a small amount of exporting the material as well. As it is no longer actively mined, the material likely came from existing stock. Exports are down a few metric tons from 2010 to 2011, but the value of the material actually rose. In fact, the U.S. exported and re-exported nearly $30 million worth of asbestos in 2011. The leading destination for those products? The United Kingdom, followed by Korea, Mexico and Canada, respectively. This, despite the fact that the U.K. actually banned use of the substance back in 1999. The USGS figured that those asbestos shipments may have been re-exported elsewhere, though we don’t have track of where it ultimately went.

The USGS estimates that asbestos imports and exports involving the U.S. are likely to decline over the next several years, as more and more companies replaces asbestos-containing products with those that are safer use.

The astonishing thing is why that hasn’t been done already.

We know that asbestos was named as a carcinogen way back in 1977 by the International Agency for Research on Cancer. We also know that more than 10,000 Americans die every single year as a result of years-ago exposure to asbestos.

Nothing has changed. Asbestos is still lethal. And it’s still legal.
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Two recent chemotherapy studies returned encouraging results for sufferers of mesothelioma and their families. labwork.jpg

Boston mesothelioma lawyers know how incredibly devastating this disease is, having seen firsthand how it destroys families by claiming a member’s life far too soon. Because there is no cure, sufferers often decline fairly rapidly and family members are left to pick up the pieces.

We remain dedicated to holding the manufacturers of asbestos-containing products accountable, and to aggressively fighting for a judgment or settlement that is in your favor.

That said, we know that no amount of money is ever going to bring your loved one back.

That’s why we feel it important to note anytime new research emerges indicating we might be one step closer to a cure. It’s not to give you false hope, but rather an understanding of what is being done to work toward eradication of this awful disease.

Even though a large number of manufacturers no longer use asbestos, the compound that is responsible for mesothelioma, the ones who did years ago are only just now being held accountable. That’s because those who are sickened are only just now finding out because the latency period is often decades.

And that’s also part of what makes treatment so difficult. By the time the disease is discovered and affirmed, it’s already in its latest stages.

That’s part of what a lot of the newer research has been focusing on – earlier diagnoses for earlier treatments.

In the first of the two most recent studies, scientists from the University of Texas Southwestern Medical Center, reportedly added a new drug to the cocktail normally prescribed to mesothelioma patients to help prolong their lives. The new drug is called bevacizumab.

The study analyzed results in 52 patients, who were not considered candidates for surgery and who had not been treated prior to the research.

What they found was that nearly 60 percent of those involved went on to live for the next six months without any progression of their mesothelioma. There were, however, some difficult side effects, including blood clotting, hypertension and a reduction of white blood cells. It was a somewhat less-than-ideal outcome, but it certainly underscores the need for future testing of this drug combination.

Then there was a second study by doctors in Egypt that was set to determine whether mesothelioma patients who underwent chemotherapy might have better results if they were first infused with a drug called methotrexate into the cancerous areas prior to treatment. This was a relatively small study – only five patients – but doctors did count lower levels of the cancer in those areas where patients had received the injection, even weeks later.

More research will be required.

We know that it will be difficult because this cancer is relatively rare – about 3,000 people are diagnosed with the disease each year. That doesn’t make for especially large study samples. However, research in the arena of lung cancer may potentially lead to breakthroughs for mesothelioma patients.
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The reality shows featuring resourceful, do-it-yourself personalities have become quite popular over the years, particularly on the Home Gardening Network Television and the DIY Network. hammer.jpg

However, an Australian widow is making an appeal to these show producers: Don’t gloss over the dangers of asbestos in renovation projects.

Boston mesothelioma lawyers know that as is the case in Australia, a great number of older homes and structures were built using materials that contained asbestos, an organic fiber that when disturbed and airborne, can cause a rare and deadly cancer to develop.

The fact that most of these older buildings contain the material usually isn’t a concern. The problem is when those fibers become airborne.

The same properties that made the material so attractive for manufacturers (it was heat resistant and slow to decay) have also been found to cause fatal side effects in humans, such as asbestsosis, lung cancer and mesothelioma. Sadly, the manifestations of these cancers can take years to be realized, meaning its often decades after exposure before someone realizes they are sick.

That was the case for Farid Moghaddas, who succumbed to mesothelioma in 2007 at the age of 49. The Australian reportedly worked at an auto manufacturing plant in Melbourne during the 1980s, which is where he was exposed to the asbestos.

According to the Port Phillip Leader, his widow, who quit her job during her husband’s last few years to care for him, received a $500,000 settlement following his death.

However, that does little, she says, to stem the pain of losing him so senselessly.

That’s why she has turned to shows like Rehab Addict and Rescue Renovation – and their Australian counterparts – urging them to educate their viewers about the dangers of asbestos exposure.

In Massachusetts, per the rules of the state’s Department of Environmental Protection, all commercial, institutional and residential buildings are subject to asbestos regulations as spelled out in 310 CMR 7.15. What that means is that if the owners or operators or contractors are planning a renovation or demolition, it is incumbent upon them to determine whether asbestos is present BEFORE they can start work.

If asbestos is found, it has to be properly disposed of by a licensed contractor, per DEP regulations.

Some of the household areas that might commonly contain asbestos include:

  • floor tiles;
  • mastics;
  • vinyl sheet flooring;
  • heating system insulation;
  • joint compound;
  • wallboard;
  • siding and roofing products;
  • decorative plasters.

Recently, the West Australian Mesothelioma Registry conducted research which identified three general waves of asbestos sufferers in that country:

First there were the miners, who actually worked to extract the mineral from its natural location.

Then, there were the workers who frequently came in contact with the material through the course of their work. These would include carpenters or auto workers or shipyard employees, etc.

Now, the registry said it is seeing an increasing number of people who have been exposed through DIY projects.

It’s important if you are starting a renovation project and aren’t sure whether your renovation may involve the disturbance of asbestos (which is likely if your home was built prior to the 1970s) that you contact the state DEP to determine how to proceed.
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A recent mesothelioma case out of Washington state raises an interesting question with regard to responsibility: Can a company that manufacturers respirators designed to protect against asbestos be held liable when someone gets sick? respirator.jpg

Boston mesothelioma lawyers know there are a lot of companies that knowingly manufactured products containing asbestos and for years, exposed their workers to the airborne particles that cause this deadly cancer.

This case was unique not only in the question it posed, but in the fact that exposure reportedly occurred in the 1980s, 1990s and 2000s, when the dangers of asbestos were fairly well-established to the public.

So can a respirator company be held liable? In short, yes. But it’s important to note that Macias v. Saberhagen Holdings, Inc. came with a very specific set of circumstances that made victory possible.

Here’s what happened:

The plaintiff since the 1980s had been employed in a shipyard in Washington state. He was a tool keeper, and part of his job required that he maintain the respirators that the other workers used to filter out any contaminants while on the job.

Those contaminants included asbestos.

The workers would then return those respirators to the tool room where Leo Macias worked. Macias was responsible for cleaning out the respirators by replacing the filter cartridges in the masks.

Macias said that when he would go to swap the filters on the respirators, he would toss the filters into a nearby basket, causing what he described as a “little poof” of dust.

Additionally, when the basket was full, he said there was dust, sand and dirt everywhere.

This was done over and over again for a number of years. He was employed at the company from 1978 until 2004. It was at the tail end of his career that he was diagnosed with mesothelioma.

His complaint maintains that not only was the shipyard liable for its failure to take more stringent measures to protect him, but that also the respirator company was responsible because it had failed to instruct anyone cleaning the masks on the dangers of doing so without themselves wearing protection.

The respirator manufacturers moved for a summary judgment in the case, saying they were under no obligation to warn workers about how to safely clean the devices. The trial court denied that motion.

However, the case was then appealed, with the Court of Appeals ruling that state law in Washington didn’t provide a basis upon which to find the respirator manufacturers liable because they hadn’t made the dangerous product.

But when the case made it to the Supreme Court of the State of Washington, justices reversed that ruling. They held that while a manufacturer generally doesn’t have a responsibility to warn consumers about the dangers of products that they do not make, supply or sell, this was different. This case involved the duty to warn with regard to the danger of asbestos exposure inherent when using and maintaining the respirators – which were the products’ sole purpose.
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In some ways, a mesothelioma diagnosis can be worse than a gunshot wound.

For one thing, a bullet wound is quick. bullet.jpg

You are able to tell right away exactly where it is and what it is. Plus, being shot isn’t necessarily a death sentence.

Our Boston mesothelioma attorneys know that mesothelioma is the opposite of all these things, as one California gun shop owner is learning.

According to a report in the Tracy Press, the businessman began getting sick several years ago. He was experiencing a tightness in his chest and breathing problems. He suspected it might be mold in his older office building.

But when inspectors were called to look, they weren’t able to find anything.

It wasn’t until later that he determined that asbestos was present in the building. That in and of itself might not have been enough to cause alarm, but it was determined to have been airborne – the element that makes the compound deadly.

The shop owner later said he suspected that the substance may have been kicked up during a burglary a decade ago. That’s when a pair of thieves reportedly sliced into the roof and ceiling – and through the asbestos-laden ceiling tiles – to get to the guns.

It was later determined that the building’s wallboard and joint taping compound also contained asbestos.

Doctors told him that this was likely the cause of his “mysterious” illness, and he needed to vacate the premises immediately.

Asbestos was used in a large number of manufacturing products up through the 1970s. It was particularly favored for insulation and other building materials because of its flame-retardant properties.

However, the companies that manufactured these products knew more often than not that the asbestos was harmful, both to workers and potentially consumers.

It’s common to find asbestos in older homes or structures. It’s not necessarily inherently dangerous in and of itself. The problem is when those particles are disturbed and become airborne. That can happen either during renovations, or demolitions – or burglars cutting through the roof.

The entrepreneur closed shop immediately after doctors discovered abnormalities in his lungs, though it has yet to be determined whether the ailments are mesothelioma. If in fact it is mesothelioma caused by exposure to asbestos from that burglary, it could be years before he gets a definitive diagnosis. That’s because mesothelioma is a disease that takes years to develop following the initial exposure – although it’s not surprising this individual is already experiencing symptoms, 10 years later.

In this case, it appears the repairs weren’t properly made as to contain the asbestos dust.

In a situation like this, one may be able to hold the landlord or his contractor liable for the exposure, particularly if they knew or should have known asbestos was present in the building and failed to address that issue during the course of repairs following the burglary.

Catching the disease early is key to ensuring sufferers live the longest and highest quality lives possible. This individual may have been relatively lucky, in that it seems he discovered the cause of his illness within just 10 years. It often takes much longer than that for the disease to manifest and for doctors to issue a firm diagnosis.
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There are 55 countries in the world that have banned the use of asbestos, the material proven to cause mesothelioma cancer.

The U.S. is not one of them. motorcycle.jpg

Our Boston mesothelioma lawyers understand that one man in Illinois had set out to change that. Sadly, he passed away late last year of the disease, at the age of 46. Now, as the Pekin Times reports, his wife is picking up his torch.

In an interview late last month, she was quoted as saying that the disease took his life, but it never stole his spirit or passion – or his desire to see asbestos barred from use in this country.

His wife is now hosting a memorial motorcycle ride in her husband’s honor, to raise funds for mesothelioma research and also to promote awareness about the U.S. government’s failure to enact a ban on asbestos.

In fact, asbestos was banned for a short time in certain products. Back in the 1970s, the U.S. Consumer Product Safety Commission had banned the use of asbestos in certain products, like wall patching compounds and textured paint. In July of 1989, the Department of Environmental Protection issued a final rule banning most products containing asbestos. It prohibited the manufacturing, importation, processing or commercial distribution of many asbestos-containing products. However, the regulation was overturned by the Fifth Circuit Court of Appeals in New Orleans in 1991.

According to the EPA, the products that are still banned include:

  • Rollboard;
  • Commercial paper;
  • Specialty paper;
  • Flooring felt;
  • Corrugated paper;
  • New uses of asbestos;

It’s also banned for use in fireproofing and insulation and “decorative” purposes.

Still, there are numerous asbestos containing products that aren’t banned in the U.S. Those include:

  • Asbestos-cement flat sheet;
  • Asbestos clothing;
  • Pipeline wrap;
  • Roofing felt;
  • Asbestos cement-shingle;
  • Millboard;
  • Automatic transmission components;
  • Vinyl-asbestos floor tile;
  • Disc brake pads;
  • Brake blocks;
  • Brake linings;
  • Non-roof coatings;
  • Roof coatings;
  • Gaskets;

What’s more, the EPA doesn’t track the manufacturing, processing or distribution of products that contain asbestos in the U.S. The agency instructs, “It would be prudent for a consumer or other buyer to inquire as to the presence of asbestos in particular products.”

But consumers shouldn’t have to ask whether the products they are purchasing contain a substance that could kill them.

And that’s the point made by the widow in Illinois. Had asbestos been banned in this country during his life, he would probably still be alive today.

His widow believes that he most likely was exposed to asbestos while serving on a ship in the Navy.

All proceeds from the memorial ride are going to a scholarship fund in her husband’s names, as well as the Asbestos Disease Awareness Organization and the Mesothelioma Research Foundation.
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We recently wrote in our Boston Mesothelioma Lawyers Blog about universities in Boston that had been slapped with large fines as a result of improper removal of asbestos and other violations. asbestosonblue.jpg

Now, Texas State University has come under fire for asbestos found in one of its dorms.

University officials say they are working to remove the deadly material, and though they contend it never posed a risk to students, some who resided at the dorm in previous years say they were frequently sick during their time there.

Unfortunately, the students may not have much of a case if they try to take the university to court because scientific research conducted so far has indicated that asbestos fibers are dangerous when airborne. The simple presence of asbestos in a building – which is quite common in structures built prior to the 1980s – is not necessarily going to make you sick.

Usually, the problem is when asbestos is not properly removed, causing the fibers of the heat-resistant material to become airborne. Once they are inhaled in the lungs, they can create scarring and causing lung cancer, asbestosis and mesothelioma, which is a cancer that attacks the body’s internal organs.

A person’s chances of getting mesothelioma depend a great deal on how much exposure they endured, coupled with how long that exposure lasted. That’s why most typically, mesothelioma patients are individuals who worked closely with asbestos-laden materials. For example, someone who worked in a Navy shipyard where the material was ever-present or as an auto mechanic with parts that were made with asbestos. Day in and day out, they were exposed.

The latency period for asbestos is 10 to 40 years, sometimes longer. That’s how long it takes after exposure for the disease to manifest.

Still, the students’ claims can’t be entirely dismissed. One young woman who resided at the hall where asbestos removal work is now ongoing says that she immediately became ill once she moved in. She was diagnosed with bronchitis for the first time in her life, and was even prescribed an inhaler to cope with breathing problems. Once she moved into another residence off-campus, she told the student newspaper, her health problems disappeared.

School officials say they first began testing buildings on campus for the material, and having discovered a high quantity of it in several structures, it has been incrementally working to remove it. Mostly, they say it has been found in vinyl floor tile and sheet flooring in the buildings.

Given that these materials could have deteriorated over time, it’s possible that some of the substance did become airborne, posing a serious risk to students who lived there. That much was even admitted by school officials.

Still, there have been no formal claims of illness as of yet.

The university has instructed all dorm residents not to disturb the ceiling, floor tiles or walls in any of the halls, rooms, common areas or pipes , as an added precautionary measure.
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Technology that was developed in order to sniff out bombs at airports also apparently has the ability to detect certain types of cancer – namely, mesothelioma. bomb.jpg

Our Boston mesothelioma lawyers are encouraged that the advances in medicine are focusing on this fatal disease, hopefully moving us ever-closer toward a possible cure.

As of now, the asbestos-causing disease is fatal, though it typically lies dormant in one’s system for decades before symptoms are apparent. While there are treatments that may prolong life to some extent, there is no cure and most patients die in a matter of months.

That’s the reason this particular advance is so important. If we could work toward diagnosing this disease sooner, the odds for a longer-term survival could assuredly be improved.

The study, conducted by the University of South Wales and published in the European Respiratory Journal indicates that the CyraNose 3200, which was created for the purposes of bomb detection, also locates developing cancers, such as mesothelioma.

This a hand-held device that’s already widely used in airports, and it is able to root out explosives by searching for the presence of chemicals.

Interestingly, researchers were able to successfully link this same technology to a type of breathalyzer test. It works by detecting certain chemicals that are reportedly produced by the illness and present in a person’s system.

This is quite remarkable breakthrough, considering the difficulty doctors have in diagnosing the disease before symptoms are present.

It worked like this: The machine is equipped with 32 different chemical sensors. Scientists used it to check the breath of patients suspected of having mesothelioma and then also with a control group whom it was known did not suffer from the disease.

The experiment revealed that the device was accurate in diagnosing the cancer in nearly 90 percent of the cases.

Some doctors have said this is the least invasive form of mesothelioma diagnosis that is currently available. Other methods involve biopsies or other painful procedures.

Creating a diagnostic approach that allows for simple breath testing means it will be ideal for older people, those who are infirm and even those who are in intensive care. Additionally, you can do the test multiple times with little to no impact on the patient.

Once this technology becomes more mainstream, it may encourage more people to get tested earlier – possibly allowing them to catch it early and ultimately live longer.

Another similar device was tested in Italy last year. Researchers there worked with a group of about 40 people. A third had pleural mesothelioma, another third had some form of asbestos-related disease and the last third had no known asbestos-related cancers. The test was able to product with 80 percent accuracy which individuals had which disease – and which were cancer-free.
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Those diagnosed with mesothelioma after their contact with asbestos-laden ship materials made by Skinner Engine Companies Inc. have had a difficult road over the last 30 years. gaveljudge.png

Our Boston mesothelioma lawyers know that this company, like so many others that have gone under in the wake of asbestos exposure litigation, has been duking it out with creditors in bankruptcy court since 2001. A big part of the contention is how present and future claims against the company by mesothelioma patients will be handled.

Although this appeal was based primarily on a technical bankruptcy issue as it relates to this one company, it sheds light on the inner workings of companies that are fighting mesothelioma litigation.

Some background:

Claims of exposure to asbestos by former employees and their survivors have been lodged against the company since the 1980s.

In fact, by the time the company filed for bankruptcy, there were nearly 30,000 asbestos claims pending against it, mostly from merchant mariners. Because those claims fell under federal admiralty jurisdiction, they were put on a special maritime docket. Then in 1991, those cases were consolidated with nearly 90 other asbestos claims pending against other Pennsylvania companies. In 1996, the bulk of these asbestos claims were dismissed without prejudice because the court determined that the plaintiffs hadn’t been successful in producing solid medical proof or exposure history.

This points to a difficult part of many mesothelioma cases, which is that because the disease is latent for decades, proving the exact point of exposure can be challenging. This is where having an experienced lawyer comes into play because our team is thoroughly familiar with how to research these cases – and how to prove them in court.

After these cases were dismissed, there were still a dozen still pending against Skinner. More have been filed since, as more and more people receive mesothelioma diagnoses.

This brings us to the U.S. Court of Appeals for the Third Circuit’s recent ruling In Re: Am. Capital and Skinner Engine Companies Inc. It was ultimately decided that the bankruptcy court did not err in reversing the company’s bid to undergo a Chapter 11 bankruptcy, which involves a restructured payment plan, instead converting it to a Chapter 7 liquidation bankruptcy. The reasoning provided by the justices in this ruling came down to the fact that although the company and its attorneys had come back with five different repayment plans under the Chapter 11 model, those plans were either rejected by creditors or considered by the court to be unworkable in a way that would be fair to asbestos plaintiffs.

The bankruptcy and district courts had ruled that part of the reason for dismissing the fifth financial restructuring proposed by Skinner in its effort to solidify terms for its Chapter 11 were collusive – or an action to defraud another or to obtain something illegally.

While the U.S. Appeals court couldn’t find any direct evidence of collusion, it did find that it’s plan for restructuring was not feasible and wasn’t reached in good faith.

Skinner is a defunct company. It was purchased by American Capital Equipment, but on its own doesn’t have any employees or assets.

The idea was to work out a trust fund to support future asbestos pay-outs. However, the way the company had structured that trust was not going to work, the court ruled. The money would be depleted in short order, particularly if mesothelioma victims chose to go to court rather than accept a settlement directly from the trust.

Mesothelioma victims deserve not only to have their day in court, but also ensure there will be compensation available to them when they win.
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