mesothelioma attorney

February 26, 2018

Appellate Court Re-Opens Asbestos Wrongful Death Lawsuit Against Fertilizer Manufacturer

A new round of mesothelioma lawsuits in Massachusetts and surrounding states against fertilizer manufacturers may have gained new traction with a recent decision by the Superior Court of New Jersey Appellate Division reviving an asbestos wrongful death lawsuit.

In Brandecker v. E.B. Mill Supply Co. et al, plaintiff filed on behalf of the victim, a former cabinet maker from New Jersey who reportedly used two bags of defendant fertilizer company’s spreader fertilizer twice annually on his personal lawn in New Jersey. He did so from 1967 to 1980. In the lawsuit, filed in 2012, he alleged this exposure contributed to his development of mesothelioma, a latent but deadly cancer caused by exposure to airborne asbestos fibers. He asserted the Turf Builder product manufactured by defendants contained vermiculite ore, a substance that contained asbestos.

He had also alleged his exposure to the fibers in other settings – primarily at work – also contributed to his developing the terminal disease. He entered into confidential settlement agreements with other defendants, but the claim against the fertilizer company was still pending in 2014 when the trial court granted defense motion for summary judgment. (Plaintiff died in 2012 from mesothelioma; his estate representative carried on as plaintiff, adding the wrongful death claim.)

Now, that summary judgment has been reversed, meaning the wrongful death claim can continue. Continue reading

March 16, 2017

Court: School Board Can Be Liable for Teacher’s Mesothelioma

by Jeffrey S. Glassman

The Commonwealth Court of Pennsylvania (one of two intermediate appellate courts in the state) recently ruled that a school board can be potentially liable for the mesothelioma suffered by a math teacher who was allegedly exposed to the toxic fibers at the school.

According to court records in the case, the subject of the underlying matter worked as a high school math teacher who worked at the district from 1958 to 1959 – basically one full school year. During this time, she was exposed to asbestos dust coming from pipe coverings on the steam and water pipes that were in the hallways, stairs and classrooms of the school.

More than five decades past when the teacher, long since retired, was diagnosed with mesothelioma. She and her husband filed a personal injury lawsuit against the school district and 40 other defendants, including those responsible for making, distributing, selling, supplying, installing and removing asbestos products. Plaintiff alleged it was her occupational exposure to the dust, caused by defendants’ acts and/ or omissions, that resulted in her injuries. Her husband also claimed loss of consortium. Continue reading

June 18, 2016

How Asbestos Industry Hid Dangers from Public

by Jeffrey S. Glassman

A recent article from Eco Watch looks at how those in the asbestos mining and manufacturing industry were well aware of the dangers their product posed to humans, but did whatever they could to hide that information from the general public. While we have known this for quite some time, and it has been the basis for many favorable verdicts in asbestos injury lawsuits, it is interesting to see when they knew and what steps they took to hide the dangers.

The first thing to keep in mind is that asbestos is not man-made. In fact, it is naturally occurring substance comprised of six silica elements, and humans have used it for thousands of years. In earlier times, it was used primarily due to its natural ability to resist heat, fire, caustic chemicals, and electricity, but eventually it was primarily used as a binding agent in construction materials. Dry wall joint compound, for example, frequently contained deadly asbestos fibers. Continue reading

June 12, 2016

Asbestos Exposure and Mesothelioma in Military Veterans

by Jeffrey S. Glassman

Being in the military is a great sacrifice, and our brave service members throughout the history of our nation have undertaken this sacrifice, and they deserve our highest respect. There are many ways in which a person in the military can be seriously injured or killed.

While there are the obvious risks associated with being in combat, there are also many soldiers and sailors injured in training accidents and injured on the job in the same manner in which civilian workers are routinely injured. While there is nothing that can really be done to prevent each and every one of these injuries and even deaths from occurring, there is one type of serious illness that could have been prevented for at least much the last century. Continue reading

June 8, 2016

Jury Awards Nearly $9 Million to Dying Mesothelioma Victim

by Jeffrey S. Glassman

According to a recent news feature from Oregon Live, a local jury has just awarded $8.75 million to a man who is currently dying from malignant mesothelioma due to asbestos exposure that occurred around 40 years ago.

The victim is a 65-year-old man who first became exposed to the deadly asbestos fibers when he worked on construction sites when he was in his 20s. He was a carpenter and was regularly exposed to a product manufactured by the defendant. The product was applied to drywall by other workers and was used as a joint compound. Continue reading

May 30, 2016

Historic Quincy Theater to Be Demolished Following Asbestos Cleanup

by Jeffrey S. Glassman

In Quincy, the Wollaston Theater, or “The Wolly” as it is often called by locals, has been undergoing a process of asbestos abatement for quite a while, as it is no longer in operation as a movie house like it once was. Many were hoping that the town would purchase the historic one-screen movie house and restore it, so it could be enjoyed by generations to come.

According to a recent news feature from the Patriot Leader, the town’s mayor actually considered using public funds to purchase the old movie theater, but sad the owner is asking way too much money, and he can’t justify using that much taxpayer money to save the historic building from demolition. Continue reading

May 22, 2016

How a Natural Disaster Leads to Heightened Asbestos Risk

by Jeffrey S. Glassman

According to a recent news report from the Times Free Press, a community that was ravaged by a series of powerful tornadoes is now facing a serious problem as result of deadly asbestos-laden debris.

The tornadoes ripped through the small southern town in late April of 2011. It was dark and people were screaming as their homes were being torn apart. Power lines were down as were utility poles, and people were covered in destroyed plaster walls, ceiling tiles, and all types of other construction debris. Continue reading

May 12, 2016

Vermiculite Insulation More Dangerous Than Initially Believed

by Jeffrey S. Glassman

In 2016 it is safe to say that most adults are generally aware of what asbestos is and how it can lead to malignant mesothelioma. This was not always the case. In fact, even back 2,000 years ago, when asbestos was first used by humans, there were those who knew it was causing serious illness. While they had no idea of how the cancer worked or spread, there have been documents recovered that show people becoming sick and dying after being in contact with the deadly fibers.

The reason asbestos was used back then is because it is a naturally-occurring substance that easy to get out of the earth unlike other minerals and is naturally resistance to heat, fire, caustic chemicals, and electricity. However, it was during the industrial revolution in Western Europe and America that asbestos became heavily used in virtually every aspect of production. At that time it was still being used for its natural insulation abilities, but the companies were becoming well aware of the dangers it posed to mine workers extracting the silica compound from the earth and to everyone involved in the production of asbestos products, and to those using the asbestos productions in residential and commercial construction. Continue reading

May 8, 2016

Complex Issues in Boston Mesothelioma Litigation

by Jeffrey S. Glassman

Mesothelioma cases can involve very complex litigation. There are variety of different aspects of these cases that can complicate these matters. One of the more difficult aspects, is that it is hard to determine exactly who manufactured the asbestos products that resulted in the plaintiff developing malignant pleural mesothelioma (MPM), for example.

The reason for this is because, while a plaintiff may know he was working with a joint compound that contained asbestos, it would be necessary to figure out who provided the particular product at issue in that case. One way to do this is by also suing the other parties who were responsible for purchasing the substance and providing it to the plaintiff who ultimately became sick from asbestos exposure. Continue reading

May 3, 2016

Older Patients with Malignant Mesothelioma Should still Get Surgery

by Jeffrey S. Glassman

We are all aware that when a surgeon considers whether or not to perform surgery, he or she will typically look at the risks and the associated benefits of having a particular procedure. Age is one of the factors that typically comes into play when making a decision about the risks involved. There is no question that general anesthesia can be dangerous for elderly patients, and this will cause doctors to avoid performing many types of surgeries that cannot be done with local anesthesia.

Patients with malignant mesothelioma, especially malignant pleural mesothelioma (involving the lungs) will typically need to undergo major surgery in addition to having chemotherapy and/or radiation. Many patients will need to have a major section of the lungs removed and then have a heated dose of chemotherapy drugs applied internally directly to the place where the tumor was removed. This is about as major a surgery as there is and there is no realistic way to do this while a patient is under a local anesthesia drug. Continue reading