Articles Tagged with mesothelioma

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The governor of Ohio has just signed a measure into law that will grant firefighters in that state the right to file a workers’ compensation claim if they are diagnosed with cancer – including mesothelioma. The measure creates a rebutable presumption that when a fire department employee is diagnosed with cancer, it stemmed from an on-the-job activity. That means it will be up to the employer to refute that presumption with solid evidence if it wants to deny the claim. firefighter

The change in state law was introduced last year, according to the Cleveland Plain Dealer, and will simplify the process for firefighters seeking to recover their pension and workers’ compensation benefits if they receive a cancer diagnosis.

The bill was by no means a shoe-in. The bill, S.B. 27, passed only after the fourth time it was introduced for consideration by state lawmakers. The bill is named after a fire department captain in Northeast Ohio who developed brain cancer in two years ago, and had to struggle to obtain workers’ compensation benefits.  Continue reading

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These days, it is pretty safe to say that most people are aware that asbestos fibers are dangerous, and they can lead to a deadly disease known as mesothelioma.  Most people, however, think that mesothelioma is actually lung cancer. While it is true that malignant mesothelioma can occur in the lungs, it is not the same type of cancer we typically associate with years of smoking and refer to as lung cancer.  Lung cancer, while often deadly, is much easier to treat than malignant mesothelioma.

lungsA recent news feature article from the Public Slate takes a closer look the different types of mesothelioma and the different stages of the disease. First, it should be noted that the disease is called mesothelioma because it occurs when deadly asbestos fibers are inhaled by a victim and make their way into a protective layer or membrane of tissue known as the mesothelium.  While just about every organ in the human body is protected by a mesothelium membrane, malignant mesothelioma most often affects the lungs, the chest and the abdomen. Continue reading

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There has been a lot of talk recently about a bill known as the Further Asbestos Claims Transparency Act or “FACT.” While the GOP sponsors of the FACT bill argue that it will help get rid of false claims by veterans who say they were exposed to asbestos while in service to our nation, Democrats who are opposed to this proposed piece of asbestos legislation say it is essentially an unfair giveaway to the large corporations who are trying to avoid having to pay damages related to asbestos exposure.

old-worn-out-boots-1013579-m-300x261In addition to Senator Dick Durbin and other Democrats in Congress, nearly 20 different veterans’ rights groups are voicing their collective opposition to the FACT bill.  According to a recent news feature from Stars and Stripes, this includes organizations such as AMVETS, the Military Officers Association of America, the Vietnam Veterans of America, and various other veterans groups. Continue reading

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In Brown v. Lockheed Martin, an appeal from the United States Court of Appeal for the Second Circuit, from around 1950 through 1970, decedent worked as an aviation mechanic for the United States Air Force.  He was working at bases in the United States and in Europe during the years he was serving our nation.  He was exposed to asbestos on a regular basis during those years.

turbineenginepartsPlaintiff was eventually diagnosed with malignant plural mesothelioma as a result of his years of exposure to deadly asbestos fibers.  Asbestos is in a naturally occurring mineral that has been used for thousands of years due to its natural resistance to heat, fire, caustic chemicals and electricity.  However, it was during the industrial revolution in the United States and Europe that it became used in virtually every facet of industry, including production of goods and in the construction trades.  Continue reading

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According to a recent news article from the Madison Record, a widow in South Carolina has filed a lawsuit against General Electric after her husband died from malignant mesothelioma.

judgeCourt records indicate that she is suing in her personal capacity for a tort known as loss of consortium, and in the name of her husband’s estate, as she has been named the administrator (executor/executrix). She has alleged her husband was exposed to asbestos for much of his working life, and his occupational exposure to the deadly asbestos fibers occurred while working with products General Electric had manufactured. Continue reading

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While the Green Line trolleys on the MBTA system are relatively knew and mostly made in Europe, those who ride the trolley between Mattapan Square and Ashmont still ride the vintage Presidential Conference Cars. These are the old trolley cars painted orange and off-white that one would expect to be sitting in a transit museum instead of out on the tracks.

roadtonowhereThere are variety of reasons the trolley cars are still in use, but a lot of that goes to their being a piece of living history for residents and the Massachusetts Bay Transportation Authority (MBTA) system in general. As it turns out, according to a recent news feature in the Dorchester Record, the fleet consists of ten trolley cars, and, of those, only six are usually in operating condition at any given time. These cars, which MTBA workers have nicknamed Mattapan Rattlers, are not easy to keep running, and lot of the problem has to do with getting parts. Continue reading

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Over the past year, GOP members of the United States House of Representatives have been working on their latest tort reform plan. This plan is officially called the Fairness in Class Action Litigation Act (H.R. 1927), and includes a specialty piece of legislation known as the Furthering Asbestos Claims Transparency (FACT) Act.

u-s--capitol-building-918333-mAccording to a recent news article from Bloomberg, the House has just passed the FACT act, H.R. 1927, and now it will be sent the United States Senate to see if can pass and make its way to the president’s desk to be signed or vetoed. Many think it will never make its way through the Senate, because even though there the Republicans control like the House, there are not enough total members to pass the bill. Continue reading

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According to a recent article from the Buffalo News, the national average for asbestos-related deaths is 4.9 per 100,000 people. While the term asbestos deaths can include those caused by asbestosis, lung cancer, or serious respiratory illness, the vast majority of asbestos-related deaths are caused by malignant pleural mesothelioma.

questionMalignant pleural mesothelioma is rare form of cancer caused almost exclusively by exposure to deadly asbestos fibers. The fibers become trapped in a layer of tissue known as mesothelium, where they can develop into the deadly form of cancer after a period of 20 to 50 years; however, it can form in less time in some cases. Once a person is diagnosed with malignant mesothelioma, they usually only have a year or so to live, and the worst part is, they generally had no idea they were sick prior to learning they have cancer. Continue reading

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Mesothelioma lawsuits are generally filed under a theory of negligence. The claim is that the company knew or had reason to know that their product could cause mesothelioma, lung cancer, or respiratory illness, and they failed to warn the millions of workers who dealt with the deadly substance on a routine basis.   Failure to adequately warn of a known danger is a specific claim filed in many lawsuits in the Commonwealth of Massachusetts.

asbestosdangerThe reason asbestos is so deadly is because, once inhaled, the fibers can become trapped in a layer of tissue known as the mesothelium. Once in the mesothelium, they can metastasize into a deadly form of cancer known as malignant mesothelioma. This process usually takes between 20 and 50 years, so many companies were willing to trade present profits for future risk of mesothelioma lawsuits. Continue reading

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The once proud Cleveland Public Power Plant has been sitting closed for years.   The United States Environmental Protection Agency discovered that the plant, which sits along the shores of Lake Erie, had been leaking thousands of gallons of lubricating oil into the lake. This spill occurred last Easter, and EPA ordered the plant owners to clean up the shoreline and do no further damage.   The reason for the toxic spill was because some of the older tanks and waste containers ruptured, allowing the waste contained in them to flow out of the building and into a river.

waterfront-industry-159568-mAt this point, cleanup crews went to work trying to the remove the lubricant material and anything else polluting the shoreline. While the cleanup was going reasonably well, something unexpected happened when they discovered asbestos located throughout the building and in many of the tanks that had ruptured, causing the problems in the first place. As if this was not bad enough, many of these tanks that contained asbestos were fully submerged in the wastewater flowing out of the building. This made cleanup efforts extremely difficult and costly. The flooding was so deep that some of the tanks were under 13 feet of wastewater. Continue reading

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