$20M Award Received in Maryland Mesothelioma Lawsuit

November 3, 2009

A woman who reportedly developed mesothelioma due to washing her grandfather’s clothing when she was growing up has been awarded $20 million. As a result of washing her grandfather’s clothing, which was infested with asbestos since he was an insulation worker, the woman developed mesothelioma.

The mesothelioma lawsuit was filed by Jocelyn Farrar, 57, who works as a nursing professor at University of Maryland. Farrar claimed in the lawsuit that she developed mesothelioma, which is a fatal form of cancer due to second-hand asbestos exposure. Her grandfather reportedly carried the asbestos fibers home on his clothing that she washed each day.

Plaintiff’s Grandfather Victim of Workplace Exposure

John Hentgen, Farrar’s grandfather, worked with asbestos-laden insulation from Georgia Pacific Corp. during the late 60s. More than 40 years later, Farrar was diagnosed with mesothelioma and argued that the insulation manufacturer was responsible for her unexpected illness. As a result of her mesothelioma part of her lung had to be removed.

Just last week, a Baltimore City Circuit Court jury awarded Farrar $20,272,000, citing that Georgia Pacific was responsible for cancer. The award includes $18.5 million for non-economic damages, $1.6 million for lost wages and earning capacity, $97,000 for past medical expenses, and $75,000 for future medical costs she will be forced to pay for treatments.


NY Warehouse Owner Fined for Illegal Asbestos Removal

October 30, 2009

Recent reports claim a warehouse owner is going to be slapped with several penalties after he allowed asbestos to be illegally removed from his business. The owner is reportedly in violation of New York state regulations.
 
The owner of Fort Knox Self Storage, located in Middletown, New York, West Solloway, claims he found material containing asbestos in the building in June. It was the property owner’s responsibility to have the asbestos properly removed. Solloway says he filed several complaints about the asbestos discovery to the city and state. He also says he informed the city and state about the improper asbestos removal, noticing workers were not were not wearing protection, which is the legal way to remove the toxic substance, while they were working on the building.
 
The warehouse is also used to house a program run by the Family Empowerment Council. The organization reportedly provides services to those who are living with disabilities and their families.
 
Ilegal Asbestos Removal Revealed

Earlier this month a city building inspector supposedly saw workers about to leave the warehouse in a van containing bags of asbestos-containing materials. The inspector immediately shut down the project and sealed off the entire area.

Under New York state law, asbestos removal is only to be done by state-certified contractors. They are to use certified workers, proper procedures and proper safety equipment. Contractors are also obligated to give the state at least 10 days notice of any work being done involving asbestos, and must have a valid permit to work with and handle the substance.

The property owner is going to be cited for failing to use a certified contractor for the removal of the asbestos, for involving workers not qualified to work with and around asbestos, and for doing the entire job improperly and illegally.


NY Jury Awards $2.25M in Mesothelioma Case

October 28, 2009

According to recent reports, a New York jury recently awarded $2.25 million to the family of a man who passed away from mesothelioma. Mesothelioma is a rare cancer caused by exposure to asbestos and the man’s family believes it was the fault of his former employer’s that he passed away so suddenly.

The Erie County Court jury reportedly ruled that Fisher Controls International was partly to blame for the man’s illness and premature death. The man, Ronald Drabczyk, was formerly employed at Hooker Chemical in Buffalo, New York. During his career he worked repairing control valves. Valves that reportedly contained the toxic substance asbestos and were manufactured by Fisher.

Family of Deceased Man Compensated for Loss

The mesothelioma lawsuit resulted included an award of $1.5 million in compensatory damages for the Drabczck’s family. It also includes an additional $750,000 in punitive damages, an award that was issued after the jury discovered Fisher’s failed to warn any of their workers about the risks associated with asbestos exposure.

Even though the jury only found Fisher was five percent responsible for Drabczyk’s asbestos exposure, the reckless endangerment discovery that was later made by the jury makes Fisher 100% responsible under the New York state law.

Drabczck reportedly overhauled Fisher-manufactured control valves at the Hooker Chemical plant in New York for over a decade. He passed away from mesothelioma on November 29, 2005.


Family of Mesothelioma Victim Sues Former Employer

October 22, 2009

Recent reports claim that the family of a man who recently passed away from mesothelioma is suing his former employers for wrongful exposure to the toxic substance known as asbestos. Mesothelioma is a rare form of cancer that is caused by asbestos exposure and often leads to death since no cure has been found yet. 
 
Asbestos Lawsuit Details
 
Brian Harrison was 71 when he was suddenly diagnosed with mesothelioma last December. It was just a few moths later that passed away, in April 2009. Mesothelioma is unique due to the fact that it can go undetected for up to twenty years and often, once doctors diagnose the illness, patients have little time remaining to live. 
 
As a result of his untimely death and battle with cancer, Harrison’s family has filed a asbestos exposure lawsuit against Moores Furniture Group. Harrison was reportedly employed for Moore for many years and worked as a store manager.
 
The lawsuit claims that he was wrongfully exposed to asbestos dust during renovations at the Moores locations at which he worked. Reports state that during these renovations workers removed lagging from pipes, which could have released millions of microscopic fibers into the air. As a result, Harrison and his co-workers could have inhaled asbestos fibers.
 
The victim’s family also claims in the mesothelioma lawsuit that Harrison, was never given a respirator or protective clothing while he worked to remove of the asbestos-laden lagging. He was also never warned about the risks of asbestos exposure.
 
The plaintiff’s hope to be compensated for his suffering, loss of enjoyment of life, and the sudden loss of their much loved family member.


Concerns Over Asbestos in FL Schools

October 14, 2009

A Florida attorney recently held a meeting to address the Jackson-Madision County School Board regarding investigating the asbestos issues he believes to be plaguing local schools.

The attorney, Richard Fields, claims that asbestos, a harmful substance known to cause deadly cancers like mesothelioma, is present in over a dozen of the school system’s buildings.

“This is your first warning,” stated Fields, who is representing several plaintiffs in a desegregation lawsuit against the Jackson school board. “We’re going to investigate more. Every person that has been exposed to asbestos will be tested for any kind of lung disease. (If they have asbestosis) we’re going to sue you. Each lawsuit will cost you $300,000.”

Attorneys Tour Schools Exposed to Asbestos

Fields and other attorneys recently toured Jackson Central-Merry High School to help determine the condition of its facilities. They did so as a step toward coming to some sort of resolution about the issue of student assignment under the desegregation agreement. During their time at the school, Fields reportedly requested to see JCM’s basement, also known as its fall-out shelter. He claims that at the bottom of the staircase, there is a warning sign that hangs from the ceiling advising that there is a potential risk of asbestos in the area.

Fields told the board that they must address the issue as soon as possible or suffer the repercussions. “You’ve got to get rid of the asbestos, and at JCM you may have an entirely contaminated school,” he told them. “I think the school board should hire a national expert and have every school tested.” Fields announced in the meeting that he fears the school, and others in the same condition, has never been tested for asbestos or other contaminants. With support from fellow attorneys and parents of the students who attend these schools, Fields is calling for immediate action in the cases involving asbestos exposure.


Mesothelioma Victim Fights for Change

October 8, 2009

A man who recently passed away from mesothelioma has left behind a video and hope for all those who continue to struggle with this rare, yet deadly illness. Even after his death the man, who was a resident of England, continues to lobby against his government and governments worldwide in an effort to help others who have victimized by asbestos exposure.

Man Exposed to Asbestos at Work

The man who has sparked worldwide attention and hope to all suffering from mesothelioma and other cancers reportedly was the victim of workplace asbestos exposure and as a result developed the deadly illness. Allen Clark was reportedly employed for many years as a thermal insulation engineer at various places through Great Britain.

It was during his hardworking career that he was unknowingly exposed to asbestos. Asbestos is a toxic substance that was once widely used in construction and at many factors for its durability. However, in the 1970’s this material became illegal in the United States due to the health risks it posed.

Nine years ago, Clark was diagnosed with pleural plaques, which is typically an illness that leads to mesothelioma. Earlier this year, he was diagnosed with mesothelioma and told he had less than six months to live. The news was obviously difficult for Clark and his family, but he knew he had little time to sit around without taking action. Up until his death, Clark continued to lobby with the government to be compensated for the wrongdoing bestowed upon him. He was also very vocal about his attempts to receive the compensation on behalf of others, just like him, who were also suffering from this deadly disease.

In a last attempt to reach the government and other mesothelioma victims, Clark made a video he entitled “Hope” which will be screened at the Trade Union Congress conference later this week. His struggle, fight, and the video are to serve as a reminder of Clark and as inspiration to all those who have been exposed to asbestos and have developed health problems as a result.

What is Mesothelioma?

Mesothelioma is a form of cancer that affects the tissues surrounding the lungs and line the inside of the chest cavity. It’s long latency period, many may not develop symptoms for decades, makes it a unique and drawn out type of illness. It is also a rare cancer due to the fact that early symptoms are much like those of a common cold, flu, or bronchitis. This makes the illness very hard for doctors to diagnose.

According to research, an estimated 90 percent of mesothelioma cases are attributed to exposure to asbestos. Although there is currently no cure for the disease, researchers are working vigorously to find better treatments and a possible cure, while mesothelioma attorneys continue to fight for victims to be compensated for their deteriorating health.


Indiana State Law Works Against Mesothelioma Victims

October 3, 2009

For decades asbestos has been responsible for taking the lives of innocent people. Mesothelioma, a rare cancer caused by asbestos, has become the center of many lawsuits and brought about a whole new need for mesothelioma attorneys who specialize in cases surrounding asbestos and the risks, and deaths, associated with this toxic substance.

One such woman who was affected by asbestos exposure when she received a mesothelioma diagnosis is Terre Haute. 76, from Indiana.  Haute was reportedly exposed to asbestos more than three decades ago while working at Glas-Col Apparatus Co. In the asbestos lawsuit she filed in hopes to be compensated by her former employer, Haute state that she was never told about the dangers of handling asbestos or informed about the risks associated with the substance. The catch? Haute is ineligible to carry through her lawsuit since she was exposed to, and worked with, asbestos more than 10 years ago (even though she was diagnosed with mesothelioma this past April).

State Law Doesn’t Favor Asbestos Victims

According to reports, Indiana state statute gives its residents only 10 years to file a lawsuit after in relation to being in contact with harmful materials like asbestos. There are reportedly “no exceptions” even if you’ve been diagnosed with a deadly cancer as the result of being exposed. Therefore, Haute is unable to be compensated in any way in the state in which she lives for this wrongdoing since she can’t get workers compensation.

Despite the many government officials and residents in Indiana who have fought to change this law, the writing seems to be set in stone for now. In the case of those exposed to asbestos this is particularly unfair considering mesothelioma and other asbestos related illnesses can take as much as 20 years to develop and be diagnosed

Indiana is currently the only state in the country that doesn’t have a law permitting exceptions for these rare cases involving latent diseases.


Pain Management for Mesothelioma Patients

October 2, 2009

Receiving a mesothelioma diagnosis can be very difficult; living with the illness can also be trying. For those living with mesothelioma, a rare cancer caused by exposure to asbestos, and management is a critical. It can significantly improve the quality of life for a patient to receive care that does not involve the use of medication and prescription drugs.  

A recent study conducted by the American Cancer Society analyzed the potential of social-cognitive therapy to help mesothelioma using pain management. The American Cancer Society is reportedly sponsoring a randomized trial known as the Cancer Health Empowerment for Living without Pain (Can-HELP) Study in Sacramento, California.

The study looked at 265 patients living with mesothelioma who were experiencing at least moderate pain or pain-related to impairment. The participants were randomly assigned to get either an education or coaching (TEC) program specifically designed for them or receive educationally-enhanced usual care (EUC).

Programs Used to Analyze Mesothelioma Patients

TEC is comprised of six components– assess, correct, teach, prepare, rehearse and portray. It is solely based on social-cognitive theory. Of the 265 patients who partook in the mesothelioma study, 258 of them had at least one follow-up assessment. Both programs were used as interventions and were provided to the patient for an estimated 30 minutes before they had their oncology visits.

The data from the study was collected at two, six and twelve weeks, so researchers could determine outcomes related to anxiety, pain severity and impairment, patient-physician communication, self-efficacy for pain control, functional status and well-being.

The results of the study are still being prepared but according to researchers, if the outcome proves to be a success and pain management plays as big a role as researchers are anticipating, it will be used across the country for mesothelioma patients at an affordable cost.


Widow Files Mesothelioma Lawsuit

September 29, 2009

A lawsuit was recently filed by a widow who lost her husband to a battle with mesothelioma, a cancer caused by exposure to asbestos. The suit, which was filed in Jefferson County District Court, claims it was the fault of the man’s former employer that he developed the illness. The plaintiff claims several companies exposed her husband to asbestos-containing products and due to his premature death and her loss, she should be compensated.

Asbestos Exposure Causes Mesothelioma

Willie Mae Denson filed the suit on behalf of her husband, Elijah Denson Sr. The mesothelioma lawsuit claims the companies Elijah was employed for in the years prior to his death are to blame for his illness. Seven companies have been named in the suit for their negligence. Elijah Denson Sr. reportedly worked for many different companies during his career as a laborer, furnace worker, and carpenter. During his employment he was reportedly exposed to the toxic substance known as asbestos that has, in recent years, been banned in the United States due to its harmful effects.

According to the lawsuit, the companies failed to tell Elijah about the risks associated with asbestos. The suit also states that even after the dangers of asbestos were made public, the companies continued to produced asbestos-containing products. Among the defendants named in the suit are A.O. Smith Corp., Babcock Borsig Power, CBS Corp., and Cleaver Brooks.

Before his death, Denson reportedly experienced a great deal of physical pain, mental anguish and also suffered from a physical impairment. As a result, both he and his wife incurred a burden of medical costs as well. The asbestos lawsuit seeks unspecified actual and exemplary damages, costs for pre- and post judgment interest.


23 Defendants Named in Asbestos Suit

September 24, 2009

Four women recently filed an asbestos lawsuit on behalf of their loved one who passed away from lung cancer. The suit has named 23 defendant corporations including Chevron USA, Goodrich Corporation, and Gulf Oil Corporation. The women claim that the sudden death of their father and husband is due to his wrongful exposure to asbestos, a known toxin that has been banned in the United States for use.

Family Blames Asbestos Exposure for Loss 

Donald G. Jones was reportedly employed as an operator from 1957 until 1990 for various companies throughout the country. In 2008, Jones died from an ongoing battle with lung cancer. According to his wife, Beatrice Jones, and three daughters, Diana Hathorn, Donna Jones, and Debra Jones Kovar, his cancer was the result of his exposure to asbestos-containing products he worked with on a daily basis.

His family claims that all 23 defendants named in the asbestos exposure lawsuit failed to give Jones or the other employees the proper information regarding the risks associated with asbestos. The companies also reportedly failed to provide their workers with the appropriate clothing to be worn when working with, and handling, asbestos.

Man Suffers From Exposure

According to the plaintiffs, Jones suffered a great deal of physical pain and mental anguish, incurred medical costs, and disfigurement before his death due to his exposure and the development of cancer. They also state that they too have suffered the loss of companionship, support, services, and counsel of Jones due to his early death. The family is seeking an unspecified amount in compensation in the suit.