Mesothelioma Lawyers Blog

Red Tape tips the scales of Justice out of balance and may have hastened the death of one asbestos victim. Delay tactics are one of the most popular strategic maneuvers used by asbestos defense attorneys today. Requesting an extension of time from the courts, canceling and rescheduling depositions and dragging their feet when it comes to turning over incriminating documentation are all tactics employed by defense attorneys. Discovery as defined by Black's Law Dictionary, is the ascertainment of that which was previously unknown; the disclosure or coming to light of what was previously hidden; the acquisition of notice or knowledge of given acts or facts. Discovery is an integral part of the judicial process, but it is during this exchange of information where the system and the injured party can be abused. The expeditious implementation of justice is rarely as important to the accused as it is to the person who has suffered a loss and is seeking compensatory action.

John Johnson, 69, was a marine. Since 1961 he worked as a carpenter, mechanic, and plumber. Any of his jobs could've exposed him to the asbestos that likely caused his disease, the Los Angeles Times reports. So he sued 65 companies for compensation. Mr. Johnson collapsed just 40 minutes after a grueling deposition. He lost his battle with mesothelioma the very next day. Despite affidavits from his doctor stating that 12 hours of depositions over a few weeks would be about as much as the 69-year-old's health could stand, a Los Angeles Superior Court judge allowed the companies he was suing a total of 25 hours.

The attorney for the defense actually requested from the court five (5) additional hours from the original twenty that they were granted. They spent this time asking questions that they already had the answers to such as:

• Is the VA Hospital in West, L.A.?


• What are your sons' names?


• What are your sons' ages? Locations? Marital Status? Etc.


• What is your wife's name? Which happened to have been listed in the case caption of not only the complaint, but every subsequent pleading filed in the case; including those filed by the defense themselves.

One cannot help but wonder if these questions were truly relevant to establishing the culpability of the defendant. The defense was already in possession of this information. If in fact it was relevant and if in fact there was some clarification of these facts necessary, could the answers have not been provided in the written format of standard interrogatories? Johnson's lawyer believes companies seek to delay finishing these cases because a victim's recovery will be reduced greatly once they die. Once he died, damages for Johnson's own pain and suffering were lost. His family can now only sue for his medical bills and loss of companionship, according to his lawyer.

Delay tactics can also be used to exhaust the financial resources of the plaintiff, make the recollection of actual events less clear with the passing of time, and/or delay payment of an inevitable judgment or pressure the plaintiff into accepting a lesser but more prompt compensation. What delay tactics always result in is the frustration of the plaintiff, occasionally to such a point that an injured party is willing to drop a suit that has merit and forgo that which he is justly entitled to.

Delay tactics are not only reserved for cases that are actually litigated. Bankrupt defendants also seek refuge within the appeals process or behind mountains of red tape pawned off as procedural requirements as a means to postpone the release and disbursement of assets. For example, there are claimants who have been waiting for compensation from Travelers Insurance Company since 2004.

Continue reading "Delay Tactics Used in Asbestos Cases" »

Should the Asbestos Trust's database of claimant information be an OPEN BOOK??? The Furthering Asbestos Claim Transparency Act of 2012 or FACT as it has become known (Officially H.R. 4369) was introduced on April 16, 2012 by Rep. Ben Quayle. This Act proposes to amend title 11 of the United States Code to require the public disclosure by trusts established under section 524(g) of such title, of quarterly reports that contain detailed information regarding the receipt and disposition of claims for injuries based on exposure to asbestos, and the filing of such reports with the Executive Office for United States Trustees.

In a statement released by Mr. Quayle following the release of FACT he claims:

"by requiring the trusts to operate transparently, Congress can deter further abuse and preserve the trusts' assets for truly needy and sick victims of asbestos exposure".

Those who are already inundated by the red tape of bankruptcy filings say this is just another attempt to discourage and prevent those "sick victims of asbestos exposure" from receiving just compensation in a fair and timely manner. Additionally, the dissemination of submitted information, as well as disclosing settlement amounts, trample on the individuals right to privacy. Moreover claims of abuse and fraud within the bankruptcy trust are unfounded.

There have been some efforts at the state level to bring more transparency to the trusts' operation. At least two states have proposed similar trust reform. Ohio's senate heard testimony in March on a bill already passed by the House of Representatives, while Oklahoma's senate passed a bill on March 14. The Oklahoma bill is currently sitting in the House Judiciary Committee. The House bill; however, is the first step in moving the legislation at the federal level.

This bill or resolution was assigned to a congressional committee on April 17, 2012, which will consider it before possibly sending it on to the House or Senate as a whole.

Continue reading "FACT - Furthering Asbestos Claim Transparency Act of 2012" »

The U.S. Court of Appeals for the Second Circuit ruled April 10 that suits against Pfizer over the Insulag product, which was produced by Quigley Co., are not barred by a preliminary injunction. What this means is that Pfizer is not protected from asbestos-related lawsuits that have been filed by more than 160,000 plaintiffs against the now-bankrupt Quigley. In 1968, Pfizer bought out Quigley, a company that is alleged to have sold asbestos-containing products, creating a health hazard. Even though Quigley stopped most operations in 1992, and filed for bankruptcy in 2004, these suits are still an issue for Pfizer. Parent Companies, or companies that have purchased in part or in whole a second company have often sought to escape liability for the actions of the acquired company. What are a parent's liabilities???. For Pfizer, along with the financial rewards of the acquisition, the were found culpable.

This order is the latest in what seems to be an endless ping pong volley of appeals in the determination of liability in asbestos cases. Quigley's bankruptcy court imposed a preliminary injunction in 2004 that prevented all parties from filing claims against Pfizer while Quigley's chapter 11 case was pending. The injunction was modified in 2007, preventing claims against Pfizer over its ownership or management of Quigley. The case is In re Quigley Co., 04-15739, U.S. Bankruptcy Court, Southern District of New York (Manhattan). The appeals case is 11-2635, 11-2767, 2nd U.S. Circuit Court of Appeals (Manhattan).

Pfizer is known to be the world's largest research-based pharmaceutical company and the world's biggest drug-maker by revenue. They are not the typical defendant in an asbestos case. Although the company never actually manufactured the product, the Pfizer logo was clearly placed on the Quigley Insulag packaging. This fact played no small part in the court's decision to uphold a previous ruling at the district level. Now Pfizer has again been ordered to face culpability for the damage this asbestos containing product has done. Pfizer continues to argue that they are not responsible for products manufactured by Quigley, but they cannot deny that they profited from its sales and the courts could not ignore the bright blue PFIZER logo that donned the asbestos containing Quigley products.

Continue reading "Pfizer Now Ordered To Face Asbestos Law Suits" »

Asbestos is a known carcinogen. It causes non-malignant diseases such as Asbestosis and Pleural disease and a variety of pulmonary and gastro-intestinal malignancies such as laryngeal cancer, esophageal cancer, stomach cancer, colon cancer, lung cancer and mesothelioma. Not only has the United States not banned the use of Asbestos, but according to the USGS Commodities Summary 2012, the amount of asbestos imported in the U.S. has actually increased in 2011. According to the summary, the United States imported 869 metric tons of asbestos in 2009, 1040 metric tons of asbestos in 2010, and 1100 metric tons of asbestos in 2011. Our primary or chief suppliers are Canada and Zimbabwe.

Asbestos has not been mined in the United States since 2002. The United States is; therefore, dependent on imports to meet manufacturing needs. Based on asbestos imports through July 2011, roofing products were estimated to account for about 60% of U.S. consumption; the chloralkali industry about 35%; and the remaining 5% has unknown applications.

The two most common roofing materials that typically contain asbestos are roofing shingles and roofing felt, but asbestos is also found in roofing products and compounds such as coatings, decking, flashing, underlayment, vapor retardants, caulking putties, adhesives, mastics, asphalt, cement, putty, stucco and various sealants. Asbestos is not only found in the roofing part of the construction industry. It became increasingly popular among manufacturers and builders in the late 19th century because of its sound absorption, average tensile strength, its resistance to fire, heat, electrical and chemical damage, and affordability. It was used in such applications as electrical insulation for hotplate wiring and in building insulation. When asbestos is used for its resistance to fire or heat, the fibers are often mixed with cement (resulting in fiber cement) or woven into fabric or mats.

According to the EPA, following are examples of where asbestos hazards may be found in your very own home:

• Some roofing and siding shingles are made of asbestos cement.


• Houses built between 1930 and 1950 may have asbestos as insulation.


• Attic and wall insulation produced using vermiculite ore, particularly ore that originated from a Libby, Montana mine, may contain asbestos fibers. Vermiculite was mined in Libby, Montana between 1923 and 1990. Prior to its close in 1990, much of the world's supply of vermiculite came from the Libby mine. This mine had a natural deposit of asbestos which resulted in the vermiculite being contaminated with asbestos.


• Asbestos may be present in textured paint and in patching compounds used on wall and ceiling joints. Their use was banned in 1977.


• Artificial ashes and embers sold for use in gas-fired fireplaces may contain asbestos.


• Older products such as stove-top pads may have some asbestos compounds.


• Walls and floors around wood-burning stoves may be protected with asbestos paper, millboard, or cement sheets.


• Asbestos is found in some vinyl floor tiles and the backing on vinyl sheet flooring and adhesives.


• Hot water and steam pipes in older houses may be coated with an asbestos material or covered with an asbestos blanket or tape.


• Oil and coal furnaces and door gaskets may have asbestos insulation.

In accordance with Section 112 of the Clean Air Act (CAA), the EPA developed emission standards for hazardous air pollutants. The "National Emission Standards for Hazardous Air Pollutants" (NESHAP) are the regulations created by the EPA governing the milling, manufacturing and fabricating operations, demolition and renovation activities, waste disposal issues, active and inactive waste disposal sites and asbestos conversion processes. But still, According to World Health Organization (WHO) statistics, 125 million people are exposed to asbestos in the workplace around the world and more than 107,000 die each year from related illnesses. Regardless of the staggering statistics, with little consideration for the estimated 3000 individuals who will die of mesothelioma this year or the 104,000 people who will die from other asbestos related diseases, we not only continue to allow the hazardous product to be used, but our importation and consumption of Asbestos continues to rise.

Continue reading "Importation of Asbestos Increases in 2011" »

Researchers at Memorial Sloan-Kettering in New York have just recently released the results of one of their latest studies of an oxidative enzyme derived from fireflies called Firefly Luciferase. This enzyme is responsible for the bioluminescence of fireflies. Researchers discovered, after treating mesothelioma cells with this enzyme, that heat-based treatments may be effective against mesothelioma and that firefly luciferase can be a valuable guidance system. The specially treated cancer cells emitted a bright, clear, bioluminescent signal that amplified with the cell number and was detectable with as few as 10 cells in cell culture. In other words, when the enzyme is isolated and treated, it can be made to bind with certain biomarkers, causing cells with these markers to glow. This is a high-tech, glow in the dark, cancer tracker; courtesy of Mother Nature.

Scientists were able to inject the tumors of laboratory mice and the compound only attached itself to the malignant cells (those with the designated biomarkers). As a result, ONLY the malignant cells were illuminated on the post procedure radiological tests.

Electrocautery is a surgical technique which involves introducing high frequency current to a specific area of the body in order to remove unwanted tissue, seal off blood vessels, or to create a surgical incision. Ablation is a medical technique used to remove tissue from the body through radio-wave frequencies. It is used to treat many different medical problems including malignant tumors. If the desired target (mesothelioma cells) are illuminated (like fireflies in the night) they are significantly easier to identify and subsequently destroy and or remove using electrocautery ablation.

Bioluminescence imaging is a sensitive, real-time imaging approach; bioluminescence reporters such as firefly luciferase can assess and guide thermal treatment of cancer. This encourages research into bioluminescence imaging as a molecular technique with potential to target tumors via biomarkers and optimize thermal treatment procedures in a clinical setting.

This breakthrough offers the possibility of identifying the cells of a mesothelioma tumor without the need for invasive surgery and subsequently being able to treat the cancer more precisely and aggressively; each cell and only those diseased cells, unquestionable malignant mesothelioma, can be treated and or removed.

Mesothelioma is a rare form of cancer caused by asbestos exposure. Its most common site is the pleura (outer lining of the lungs and internal chest wall), but it may also occur in the peritoneum (the lining of the abdominal cavity), and the pericardium (a sac that surrounds the heart). Three thousand people die each year from this devastating disease.

Continue reading "Firefly Compound Illuminates Possible Mesothelioma Treatment" »

Diagnosing mesothelioma is very difficult, and cases of mesothelioma misdiagnosed are unfortunately not uncommon.

Malignant mesothelioma is cancer that starts in the cells that line certain parts of the body, especially the chest and belly (abdomen). The lining formed by these cells is called mesothelium. These cells protect organs by making a special fluid that allows the organs to move. For instance, this fluid makes it easier for the lungs to move during breathing.

The mesothelium has different names in different parts of the body:

• In the chest it is called the pleura.


• In the belly it is called the peritoneum.


• In the space around the heart it is called the pericardium.

Tumors of the mesothelium can be benign or they can be cancer. A cancer tumor of the mesothelium is called a malignant mesothelioma, but this is often shortened to just mesothelioma. About 3 out of 4 mesotheliomas start in the chest cavity. These are called pleural mesotheliomas. Another 10%-20% begin in the abdomen (belly). These are called peritoneal mesotheliomas. Those starting around the heart are very rare. This cancer can also start in the tissue around the testicles, but this is also very rare.

Pleural mesothelioma (tissue surrounding the lungs)

• Shortness of breath


• Coughing, often painful


• Unexpected and unexplained loss of weight


• Pain under the rib cage


• Sometimes lumps may be detectable under the skin in the chest area


• Lower back pain


• Discomfort in the side of the chest


• Exhaustion


• Some people may experience sweating, fever, or difficulty swallowing

Peritoneal mesothelioma (lining in the abdomen)

• Unexplained weight loss


• Pain in the abdomen


• Swelling in the abdomen


• Lumps in the abdomen


• Nausea, some patients may experience vomiting

Pericardial mesothelioma (lining in the heart area)

• Low blood pressure


• Shortness of breath


• Fluid retention (edema), often in the legs


• Heart palpitations


• Fatigue, extreme after light exertion


• Chest pain

As you will note, none of these symptoms are rare or sufficiently unique that it would preclude a diagnosis other than Mesothelioma. Because mesothelioma's symptoms are not unique to it and the disease's relative rarity, cases of mesothelioma misdiagnosed are not uncommon. A review of the patient's medical and work history is an important part in assessing the risk of mesothelioma. It is important to share your case history of work experience (especially in shipyards and at construction sites) and asbestos exposure potential with your physicians if you feel mesothelioma is a risk. Asbestos fibres can also be carried into the home on clothing, inadvertently exposing the deadly fibres, and the risk of mesothelioma, to family members.

In addition to being misdiagnosed as a less severe Asbestos related disease such as Pleural Disease or a Lung cancer / adenocarcinoma Mesothelioma has been mistakenly diagnosed as:

• Ovarian cancer


• Respiratory infection


• Tuberculosis


• Heart failure


• Viral pneumonia (type of Pneumonia)


• Lingering cold


• Emphysema


• Pleural adenocarcinoma


• Bowel disease


• Bowel obstruction


• Lyme disease


• Pleurisy

3,000 people are diagnosed with mesothelioma cancer each year, and the average age of people afflicted is between 50 and 70 years or older. Mesothelioma cancer is most strongly associated with exposure to asbestos, and can remain latent in those exposed for 30 to 40 years. The facts that Mesothelioma is more prominent among the elderly, who often suffer from a variety of age related symptoms and that their asbestos exposure so long ago may have been forgotten or seem irrelevant also make it more difficult when diagnosing Mesothelioma.

Although the symptoms are not distinct or unique, the treatment for Mesothelioma is. This form of cancer does not respond well to standard radiation or chemotherapy treatments. This is why it is imperative to make an early diagnosis. A diagnosis in the early stages of any cancer is always key in enhancing and extending survival rates. A misdiagnosis can delay treatment and rob the patient of precious time. Moreover, a misdiagnosis prevents the injured party from seeking compensation from the culpable parties. A correct and concise diagnosis of an asbestos related disease is imperative when seeking to file claims within the judicial system or the bankruptcy courts.

Continue reading "Mesothelioma Misdiagnosis" »

In what is the latest in a long and convoluted series of lawsuits revolving around Travelers Insurance Co. and its payment of asbestos settlement claims, United States District Court Judge John Koetle for the Southern District of New York ruled that "it was an error to require Travelers to make the settlement payments" and that "the judgment must be reversed." He wrote that Judge Lifland had incorrectly concluded that settlement lawyers had met all conditions required for Travelers to make payments under the 2004 settlements. This ruling reversed the Bankruptcy Court's January 20, 2011 final judgment on the December 16, 2010 order granting, inter alia, Statutory Direct Action Settlement Counsel's motion to compel payment of the Statutory Direct Action Settlement Agreement. Simply stated, Travelers Insurance Company, who provided general liability coverage and other insurance between 1947 and 1976 to Johns Manville Corp, is no longer required to pay nearly $500 million towards asbestos settlements; specifically, the claims that center on the asbestos products manufactured by now-bankrupt Johns Manville Corp., one of the largest manufacturers of asbestos products in U.S. history.

The current case is Travelers Indemnity Co v. Statutory and Hawaii Direct Action Settlement Counsel et al, U.S. District Court, Southern District of New York, Nos. 11-01312 and 11-01329. The original case pits Travelers against 26 state-court actions that were bundled into three settlements and mediated by former New York Gov. Mario Cuomo between 2002 and 2004. Those settlements were fought by outside parties, including Chubb Indemnity Insurance Co., which said it didn't want Travelers to be off the hook for future liabilities as a condition of the settlements. In the most recent ruling, the federal judge said that as a result of other court decisions, the Cuomo settlements do not absolve Travelers of future claims from Chubb and other insurers. As a result, Travelers is not required to pay the thousands of people sickened from inhaling microscopic asbestos fibers.

With 500 Million dollars in dispute, it is likely that we have not heard the last of Travelers. But until then, countless victims of asbestos exposure will be denied justice, left without compensation.

Continue reading "Travelers Not Required To Pay $500 Million in Asbestos Cases" »

The The Supreme Court Decision in KURNS, EXECUTRIX OF THE ESTATE OF CORSON, DECEASED, ET AL. v. RAILROAD FRICTION PRODUCTS CORP. ET AL. handed down on Wednesday, February 29th, 2012 will PUT ON THE BRAKES for railroad workers, who contracted an asbestos related disease, from seeking justice in the courthouse against manufacturers of harmful asbestos containing products. The Supreme Court affirmed the Third Circuit's holding that the federal Locomotive Inspection Act ("LIA") preempts plaintiffs' state tort law claims for design defects and failure to warn.

What is somewhat disconcerting is that the opinion was delivered by Justice Thomas who in the past has defended the state's rights to regulate against any implied federal preemption. This was not seen as keeping in line with Thomas' prior stand on federal vs. state preemption. Justice Kagan wrote a concurring opinion. Justice Sotomayor wrote an opinion concurring in part and dissenting in part, which Justices Breyer and Ginsburg joined.

In spite of the disappointing ruling, railroad workers can still file a lawsuit involving asbestos injury claims under the Federal Employees Liability Act. FELA allows workers to file suit against employers instead of the asbestos manufacturers. Because indemnity claims (claims that the manufacturers are liable) would be state law based, the railroads will possess no indemnity or contribution rights against such entities either. Any attempt by the Railroads to bring the asbestos manufacturers in under the ruling handed down in Ayers will be subject to dismissal, as federally preempted by this decision. Additionally, FELA cases may now take the position that the LIA now provides coverage and rights for locomotives that are "not in use" as previously held by this Court. It has not yet been determined how this will effect claims filed against asbestos manufacturers through the bankruptcy courts.

When a victim of an asbestos related disease such as mesothelioma files a personal injury lawsuit, it will likely allege that the manufacturer of asbestos products knew the dangers associated with the use of the mineral and, without regard for the safety of the end user of the product, continued to manufacture the same. This decision will allow these companies to escape liability in railroad cases.

From the standpoint of workers, this decision exemplifies the value of voting for a President. When casting their ballot, an individual must take into account that one of the most intriguing and important ways in which ordinary workers may be affected by the Office of the President, is through appointments to the Supreme Court.

The Alliance for Justice summarized the situation perfectly:

"By upholding the lower courts' decisions in favor of the corporate defendants, the Supreme Court is preventing injured citizens from holding railroad manufacturers responsible for violating state safety laws and regulations, many of which speak to local safety hazards and provide more stringent protections than those afforded by federal laws. Once again the Corporate Court has used federal preemption to protect corporate interests and prevent states from protecting public safety."

Continue reading "Asbestos Claims For Railroad Workers Thrown Off Track" »

Born Steven Terrance McQueen on March 24th, 1930. Beloved Husband and father. Avid race-car driver, actor, movie and TV Star - Legend, all around Cool Dude and victim of Mesothelioma. He died November 7, 1980.

Best known for his roles in films such as The Sand Pebbles, Bullitt, The Great Escape, The Thomas Crown Affair and, Papillion, Steve McQueen wowed the American population. Nick-named "The King of Cool", he was the "Bad Boy" that other men wanted to be and women wanted to be with.

McQueen developed a chronic cough in 1978 and had difficulty breathing on a movie set the following year. McQueen barely ran 15 yards during the filming of an action sequence before requesting oxygen assistance. Later in 1979, doctors diagnosed him with mesothelioma. In July of 1980, McQueen traveled to Rosarita Beach, Mexico, to be treated in a clinic by doctors using a variety of very aggressive therapies. He underwent a torturous three-month regimen that involved fetal animal injections, laetrile treatments (controversial drug made from apricot pits), ingestion of over 100 vitamins per day, coffee enemas, massages, and spiritual sessions. In November of 1980, doctors operated to remove cancerous masses from McQueen's abdomen and neck. McQueen survived the surgery, but he died the next day.

Mesothelioma is a rare form of cancer that is nearly always attributable to asbestos exposure. Before he died, McQueen traced his mesothelioma diagnosis to asbestos exposure first in the Marine Corp, then to the flame-retardant driving suits he wore so often while racing cars and motorcycles, his lifelong passion.

Steve McQueen was quoted as saying "You see, I don't believe in that grabbin' and grabbin' and stuffin yourself and not givin' anythin' or puttin' it back. " Even in his death, Steve McQueen gave back. He brought a much needed awareness to the disease and the cause: Exposure to ASBESTOS.

The Warren Zevon "Keep Me In Your Heart" Memorial Tribute will be presented at noon on March 31, 2012, at The Asbestos Disease Awareness Organization's ADAO's 8th Annual International Asbestos Awareness Conference in Manhattan Beach, California honoring the life of Steve McQueen. Barbara McQueen will accept the award on behalf of her late husband.

Continue reading "Steve McQueen to be Honored for Bringing National Exposure and Awareness to the Plight of Mesothelioma Victims." »

Reyes, Oshea & Coloca, P.A. was recognized in Newsweek's February 27th & March 5, 2012 double issue as one of the leaders in Asbestos Law.

Asbestos is still a problem today. Florida, with an estimated number of asbestos-related deaths of between 3025-4481 annually is second in the United States only to California with an estimated 4273-5792 asbestos related deaths annually. Asbestos related diseases include Non-malignant diseases such as Asbestosis and Pleural Disease and malignancies such as Esophageal Cancer, Laryngeal Cancer, Colon Cancer, Stomach Cancer, Lung Cancer and Mesothelioma. According to the National Cancer Institute, Approximately 3000 cases of Mesothelioma will be diagnosed in the United States this year. Based on the trend of historical statistics and latency period for asbestos related diseases, this number is expected to peak until 2020.

Angel M. Reyes, Daniel F .O'Shea and Lina Coloca have made it their life's work to represent and protect the rights of the victims of Asbestos Exposure.

Stephan Schmidheiny, a billionaire Swiss industrialist and former owner of the Swiss fibre cement firm Eternit, and Jean Louis Marie Ghislain de Cartier de Marchienne, Belgian executive, were sentenced to 16 years in jail on Monday, February 13th 2012, by an Italian court and ordered to pay millions of euros in damages for negligence that led to more than 2,000 asbestos-related deaths. This is a verdict that could set a precedent for proceedings worldwide about safety in the workplace.

The two men were tried "in absentia", which means to say that they never appeared in court during the trial that took two (2) years in this Turin, Italy courtroom to reach it's conclusion. However, the lengthy trial ended with a roar. Relatives of the victims and hundreds of others filled three courtrooms within the courthouse, some crying, others applauding when the sentence was finally read. It took the presiding judge nearly three hours to present the verdict. Schmidheiny and de Cartier de Marchienne were found guilty of intentionally omitting to install measures to prevent health damage from asbestos at Eternit's Italian plants, which closed in 1986. Health Minister Renato Balduzzi called the sentence "historic", noting that asbestos was not only a local and national issue, but also an international one.

In addition to the Jail time, the defendants were ordered to pay damages to more than 6,000 people - including former employees and residents of the four towns where the plants were located. They were each awarded an average 30,000 euros ($40,000 USD). Compensation awarded by the court also included 25 million euros (Approximately 33.25 million USD) to Casale Monferrato, 20 million euros (Approximately 26.6 million USD) to the Piedmont region, and 100 million euros (Approximately 132.8 million USD) to the victims' group AFEVA.

Stephan Schmidheiny issued a press release in response to the verdict. Cesare Zaccone, de Cartier de Marchienne's lawyer said "We were not expecting this sentence,". His client said in a statement he had "never been in charge of safety measures at Eternit SpA". Both defendants deny any wrong-doing and have vowed to file appeals.

Continue reading "Jail Time Awarded in Asbestos Case In Italy" »

Psychological stress refers to the emotional and physiological reactions experienced when an individual confronts a situation in which the demands go beyond their coping resources. A diagnosis of Mesothelioma is certainly overwhelming, both mentally and physically. Dealing with the physical symptoms, which usually include loss of breath, the medical treatment and side effects there-of, the legal questions that arise from the diagnosis of this asbestos related disease as well as the personal and emotional trauma is all too often an insurmountable amount of stress. This often leads to severe depression, anxiety and feelings of isolation. Recent studies show that often treating oncologists are not equipped to diagnose the psychological ramifications of the disease.

The body responds to stress by releasing stress hormones, such as epinephrine (also called adrenaline) and cortisol (also called hydrocortisone). These hormones accelerate blood pressure and heart rate and raise blood sugar levels and; therefore, increase or enhance speed and strength to help deal with the stressful situation. Although small amounts of stress are believed to be beneficial, high levels of stress over extended periods of time are harmful.

Stress, depression, anxiety All have a NEGATIVE impact on treatment and the quality of life; which is so very important when dealing with what is typically a fatal disease. They also typically can lead to any number of the following:

• Persistent sadness almost every day for most of the day


• Loss of appetite or overeating, developing significant weight loss or gain


• Nausea and/or vomiting


• Loss of interest in once desirable activities


• Insomnia or oversleeping (not related to treatment exhaustion)


• Thoughts of death or suicide, attempting to commit suicide


• Feelings of guilt or worthlessness


• Restlessness, lack of energy, constant fatigue


• Denial of obvious tension or anxiety


• Appearing tense


• Mental confusion - Difficulty solving basic problems


• Trembling or shaking


• Headaches or migraines


• Agitation and aggressive behavior

There are positive and negative aspects to the psychological treatment of Mesothelioma. Psychologists act as counselors, therapists, friends and sometimes a necessary shoulder to cry on during this tough time in a patient's life. Even with all the overwhelming appointments a patient may have on their plate, psychologists are trained to help them make sense of this, sometimes sudden, life altering change. Psychologists and psychotherapy offer an outlet for the patient to express the whirlwind of emotions that are an inevitable part of this serious and often terminal diagnosis. The downside is that therapy does not offer instant gratification. It is an ongoing process that often requires a substantial amount of time. This is why the psychological needs of a mesothelioma patient are commonly addressed with both a therapeutic and pharmacological approach. In addition to counseling and support groups, there are a variety of anti-anxiety and anti-depression drugs that can prove invaluable.

Simply stated by Harvey Max Chochinov MD PhD; "I think it's fair to say that every patient who is faced with a cancer diagnosis will have a profound emotional response or reaction to the news. It is particularly distressing in the early diagnostic phases when people are dealing with all kinds of uncertainties".

Support Groups for Mesothelioma
Nearly half of all patients with an advanced form of cancer like mesothelioma experience emotional distress like fear, anger, depression and anxiety. But patients with a strong social support network have a lower risk for developing these symptoms. An important component to developing and maintaining such a network is through participation in support groups. Mesothelioma support groups are often arranged by local hospitals, therapists or cancer advocacy groups such as the American Cancer Society and the American Psychological Oncological Society . Groups can be casual or structured, and they can meet in public places or over the telephone or internet. Some groups offer spiritual support, while others focus more on education and awareness.

Continue reading "Psychological Treatment In Mesothelioma Cases" »

Latency period is the time it takes from the date of initial exposure to asbestos to the date that symptoms of the disease develop or the actual manifestation of the disease. Although expert opinions and calculations vary, it has been typically accepted that the latency period for an asbestos related disease can be anywhere from 10 to 50 years.

For the medical profession this creates a significant problem for early detection. Those who suffer from Mesothelioma and other asbestos related malignancies such as lung cancer, colon cancer, stomach cancer or laryngeal cancer always respond better to treatment when the cancer is detected in the early stages.

For the legal profession the lengthy latency period must be taken into consideration when determining the Statute of Limitations. The time-frame one has to file a case must be calculated from the date the disease presents itself and is diagnosed rather than the actual date of exposure.

Tragedies such as 9/11 have forced the medical profession to consider a significantly shorter latency period as a distinct possibility. Deborah Reeve was the first 9/11 emergency responder to die of mesothelioma. She worked as a paramedic for the Fire Department of New York. Reeve began having symptoms of severe lung disease in early 2003 and was diagnosed with the asbestos-caused cancer in 2004. She succumbed to the disease in March 2006. Doctors agree that her exposure to asbestos was a result of her days spent working at the recovery site. Not only did this bring into question the latency period of an asbestos related condition, but the amount of exposure to asbestos that is considered dangerous. Smaller scale tragedies like the 27-year-old female white-collar worker who was diagnosed in 1998 with mesothelioma only eight and one-half years following first exposure as a bystander to debris in a site in which asbestos-containing building materials were being dismantled and rebuilding work took place are also catching the experts eye.

In addition to the accepted latency period, it is generally required to show a minimum of five years of asbestos expose to confirm an asbestos related disease. Cases such as that of Roger Hammett who was awarded $1.45 million after a jury ruled that his mesothelioma cancer was caused by asbestos exposure from a job that he held 45 years ago has shown that even minimal exposure to asbestos can be fatal. The case revealed something interesting that is not often seen in most mesothelioma cases: Hammett developed mesothelioma after only working 67 days around asbestos.

While the medical and legal professions continue to strive to find an accurate determination of what the latency period for an asbestos related disease and organizations such as OSHA and the EPA continue to perform testing and implement safety regulations based on that information that dictate required safety procedures while handling asbestos, ALL can agree on the following: Annual check-ups and open communication and follow-up with your primary physician are key to maintaining good health and when it comes to safe levels of asbestos exposure... NO EXPOSURE is the best and safest alternative.

Continue reading "Latency Period for Asbestos Related Disease" »

A statute of limitations, as defined by Black's Law Dictionary, are Statutes of the federal government and various states setting maximum time periods during which certain actions can be brought or rights enforced. After the time period set out in the applicable statute of limitations has run, no legal action can be brought regardless of whether any cause of action ever existed.

There are statutes of limitations in place that pertain to a living injured party and there are statutes that are applicable in the event the injured party is deceased (the wrongful death statute) BEFORE the statute of limitations expires. If the injured party is deceased before the statute of limitation expires, it is ALWAYS the wrongful death statute that is applicable regardless of whether it lengthens or shortens the time period in which an action can be brought.

Usually, in a personal injury case, the statute date can be easily calculated by simply taking the date of the incident (ie: a motor vehicle accident or slip and fall) and applying the relevant time frame allowable by the statute. Because of the latency period of an asbestos related condition, which can be anywhere between 15 and 50 years, the statute of limitations cannot justly be applied from the date of exposure. In an asbestos case, the statute of limitations must be calculated from the date of diagnosis. The applicable time period must be calculated from the date the injured party is conclusively diagnosed with an asbestos related condition. Asbestosis and Pleural Disease are two non-malignant asbestos related diseases. Laryngeal Cancer, Colon Cancer, Lung Cancer and Mesothelioma are malignancies that may also potentially be asbestos related conditions.

Should you be diagnosed with a non-malignant condition, that statute is to be calculated from that date of diagnosis; however, if you are subsequently diagnosed with an asbestos related malignancy, that statute is to be re-calculated from the date of the malignancy. The 2011 Florida statute 774.206 states as follows:

• Notwithstanding any other law, with respect to any asbestos or silica claim not barred as of the effective date of this act, the limitations period does not begin to run until the exposed person discovers, or through the exercise of reasonable diligence should have discovered, that he or she is physically impaired by an asbestos-related or silica-related condition


• An asbestos or silica claim arising out of a nonmalignant condition shall be a distinct cause of action from an asbestos or silica claim relating to the same exposed person arising out of asbestos-related or silica-related cancer. Damages may not be awarded for fear or risk of cancer in a civil action asserting an asbestos or silica claim.


• A settlement of a nonmalignant asbestos or silica claim concluded after the effective date of this act may not require, as a condition of settlement, the release of any future claim for asbestos-related or silica-related cancer.

Asbestos cases are personal injury claims based on product liability and so the Florida Statue allows four years from the date of diagnosis for the injured party to file a claim / complaint. The wrongful death statute is two years.

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From as early as the 1930s until as late as the late 1970s asbestos manufacturing companies knowingly allowed countless individuals to be exposed to a potentially lethal fiber; Asbestos. According to OSHA, Asbestos is the name given to a group of six (6) naturally occurring minerals used in certain products, such as building materials and vehicle brakes, to resist heat and corrosion. Still today entering into the year 2012, we continue to search for a way to repair the damage done, and control the damage to the future.

In Florida, we have reviewed past legislation, amended statutes, cracked down on unconscientious builders who ignore the rules in place to assure the safety of innocent bystanders, acknowledged the need for clean-up and taken action, and justly award compensation to those who have fallen victim to asbestos exposure. And finally, we organize events to bring to light the problem, offer awareness and hope and maybe a CURE.

2011 Florida Supreme Court justly said Florida's asbestos litigation reform act violates the constitutional rights of Floridians injured by asbestos products. American Optical Corp. et al. v. Spiewak et al. concluded in a decision that Found That The Law Requiring Plaintiffs To Show "Physical impairment'' Before They Could Pursue Asbestos-Related Lawsuits Violates Constitutional Due-Process Rights

Florida Statutes Chapter 469 Asbestos Abatement address clean-up procedures and requires strict precautions be taken to protect those who are literally left in its dust. The Northeast Florida Safety Council and The University of Southern Florida, as well as many other organizations, offer Safety Programs with invaluable instruction.

Three Pinellas County developers connected with SUN VISTA DEVELOPMENT GROUP were found guilty of violating federal environmental laws concerning asbestos disposal from construction sites. the maximum penalty for each guilty count is a $250,000 fine and five years in jail. This is more than just a slap on the wrist and will hopefully send a message loud and clear.

Mayor Judy Paul of Davie made the decision that the asbestos-laden pipes in a closed mobile home park had got to go. Florida has called for at least a $30,000 clean-up to remove the hazardous and toxic pipes, which were once part of a mobile home park that supplied drinking water and served as sewer lines.

A Dade County jury in Florida has awarded Charles Garrison, a victim of mesothelioma $21 million after they determined he was exposed to dangerous asbestos while working at a Georgia Pacific compound.

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