Mesothelioma Lawyers Blog

As we’ve previously reported in our Boston Mesothelioma Lawyers’ Blog, more than 100 companies deemed responsible for lethal asbestos exposure have filed for bankruptcy and established trusts in order to pay out claimants and minimize litigation.

Boston mesothelioma lawyers recognize that there are pros and cons to this system.

On the one hand, there is the assurance that there will likely be money still left for those who will file Boston mesothelioma claims in the future. This is particularly important for a disease that remains dormant for decades.

On the flip side, those payments that are made are generally pennies on the dollar. They are nowhere near what you will get if you are successful in winning the case in court.

Now for most people, we know, the dollar amount isn’t always the point. Of course, you want to ensure that your family will be cared for. However, for many people, it’s often about the principal of the matter. These companies knew what they were doing was killing people. They knew it. And whether motivated by greed or some other force, they chose not to act. They chose not to change their practices. And they chose not to protect their workers and those in the general public.

Through bankruptcy filings and the establishment of a trust, these companies are allowed to remain operational. They are allowed to continue to make a profit.

Some people will see this as a plus. After all, how can they continue to make payments at all if they are shut down?

However, the fact that these trusts don’t guarantee a fair pay-out for those who file a claim is unfair, and should be addressed by our legal system.

We know that the first asbestos-related claims started trickling in in the 1960s. At the time, asbestos was still in regular use in the U.S. In fact, as late as 1973, the U.S. Geological Survey estimated that some 800,000 metric tons of asbestos were consumed by the U.S. That figure has fallen by about 99.9 percent in the U.S. since then.

Also in the interim, about 100 asbestos trusts were established.

Now, all of these trusts value claims in a different way. Take for example the Johns Manville trust. It values a diagnosis of mesothelioma at around $350,000. Meanwhile, the Owens Corning trust values that same diagnosis at about $215,000.

This is likely far less than what you would get if you took the case to court. On the other hand, a court case can be much more time-consuming then filing a claim with an asbestos trust.

The John Manville trust says that in the nearly 25 years since it was founded, it has received nearly 880,000 claims (10 times more than what it had initially anticipated) and has paid out an estimated $4.2 billion. What’s more, filings are actually increasing as more and more people are learning their asbestos exposure has led to a mesothelioma diagnosis. In fact, filings have risen nearly 60 percent just in the first nine months of 2011, when compared to 2010.

The trusts’ assets, meanwhile, dropped by more than 10 percent.

So now, the trust has been paying out legitimate, approved claims for far less than what they are actually worth. So for example, if you are approved for a claim of $100,000, you’re likely to actually get about $7,500. That is pittance, and it’s likely not even enough to scratch the surface of your medical bills.

Other trusts are paying anywhere from 18 to 35 cents on the dollar.

In some cases, trusts have asked to suspend all current cases while the sort out how much they can actually afford to pay.

The point is, if you are diagnosed with mesothelioma, you do have options – and those should be discussed at length with an experienced Boston mesothelioma attorney.
Continue reading

Boston mesothelioma lawyers are constantly on the lookout for information regarding new treatments for those diagnosed with mesothelioma in New England.

As of yet, there is sadly no cure for this cancer, which usually kills within a year of diagnosis.

However, scientists appear to be pressing on in studying this deadly disease from every angle. That has resulted in the most recent findings, which indicate that there may be a genetic mutation that could contribute to a person’s susceptibility to mesothelioma, a cancer that kills roughly 3,000 people each year.

Now, a few things that are important to put into context. The first is that exposure to asbestos is the primary cause of mesothelioma, which is otherwise a rare cancer that attacks the lining of vital organs. The asbestos exposure often occurs many years prior to an actual diagnosis, so the disease often remains latent for decades.

Secondly, it’s important to note that even if it’s true that a gene could increase a person’s susceptibility to sickness, it does not release some of these companies who perpetuated the asbestos exposure from liability.

That said, what the National Institutes of Health have discovered is that even though a large number of people have been exposed to asbestos (mainly before the 1970s) not everyone who was exposed gets sick. It is believed that about 11 million people were exposed to asbestos in the U.S. in the years between 1940 and 1978.

With symptoms remaining latent for 25 to 50 years, mesothelioma cases are expected to peak around 2020.

What researchers found in focusing on families that had high rates of mesothelioma or other cancers also had an eye mutation. That mutation was inside a gene called BAP1. A number of other patients who had no family history of cancer also had this same eye mutation.

Those with this mutation were also more likely than those without it to develop other types of cancers, including ovarian, breast, pancreatic or renal. This is the gene that acts to suppress the activity of tumors. So it would make sense that if someone has a mutation of this gene, they would be at higher risk to develop cancer.

Of course, like all mutations, some are genetic, but then some are apparently random. Exposure to certain carcinogens (like asbestos) can either create a mutation or increase a person’s risk that the mutation will multiply, or in other words, turn cancerous.

So to break that down, just because a person has the mutation doesn’t mean they will necessarily develop cancer. And just because a person doesn’t have the mutation doesn’t mean they are completely immune to a mutation.

The idea with this study is that if people are aware that they have this genetic mutation, they should take extra caution to avoid exposure to known carcinogens, namely asbestos, cigarettes and UV light.
Continue reading

Boston mesothelioma attorneys have been closely following the developments regarding asbestos trust funds and government attempts to increase transparency and reduce fraud.

Those who have been diagnosed with mesothelioma in Boston have probably heard of these trusts. If not, it’s time to educate yourself.

Back in the late 1970s, Congress recognized the extreme dangers associated with asbestos exposure, which lead to a myriad of lung diseases, including the rare and deadly mesothelioma cancer, which attacks the lining of internal organs. Legislators realized that even after the dangers of asbestos exposure became widely known, many companies continued to use this fibrous, organic compound in everything from insulation to car parts. Even though inhalation of the fibers was known to make people seriously ill, they continued to use it because it was cheaper. Greed, plain and simple.

Often, we think of Boston mesothelioma patients as construction workers or rail workers or those who have been in some other type of building-related industry.

However, our Boston mesothelioma lawyers know that because asbestos exposure – the main cause of mesothelioma – most often occurs through airborne exposure, almost anyone is vulnerable. This was proven once again in an asbestos exposure complaint filed by police officers in Washington D.C.

Individuals who are members of the Capitol Police union have filed a complaint against the department, saying administrators didn’t protect them from on-duty asbestos exposure.