December 23, 2008
An article published last week in The Cameron Herald discusses how a Milam County man’s case led to a court ruling allowing second suits.
Henry Pustejovsky died in 1995 just about a year after he was diagnosed with mesothelioma, a cancer that afflicts the lining of the thoracic cavity (the mesothelium). The mesothelium is a membrane that lines body cavities such as the pleura(lungs) and the pericardium(heart).
His family brought suit. Henry had worked at ALCOA potlines in Rockdale for about 25 years. In 1982 he was diagnosed with asbestosis, a scarring of the lungs caused by inhaling asbestos fibers. In 1994 Henry was diagnosed with mesothlioma and passed away a year later.
Henry’s family pursued a suit in his name and, in 2001, the Texas Supreme Court ruled that people like him, who were diagnosed with the workplace disease asbestosis and reached some sort of settlement for it, may make a second claim for asbestos-related cancers like mesothelioma.
This is an important ruling for Texas workers. Asbestosis and mesothelioma are two different diseases and have different latencies. Those who have been diagnosed with asbestosis may never be diagnosed with mesothelioma and, if they are, it may be decades later. As in Henry’s case, that diagnosis may be too late for anything but palliative care.
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Asbestos, Court, Lung Cancer, Mesothelioma | Tagged: Mesothelioma, Pleural mesothelioma, Lung Cancer, Asbestosis, Mesothelioma Lawyer, The Cameron Herald, Texas Supreme Court | 
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Posted by Dave Austin
December 8, 2008
James Ross was diagnosed with asbestos-related cancer about two years ago and has accepted the fact that he has a terminal illness. He has filed suit against several manufacturers of asbestos products and, in doing so, he discovered that if he should die in the middle of the litigation, his body must be autopsied. This he cannot accept so he filed suit to protect his wife from having to go through the ordeal of an autopsy on top of dealing with his death.
Ross says that he has been diagnosed by the doctor and an autopsy is unnecessary. “I have said no, for philosophical reasons,” Ross said. “They’re pestering widows. They don’t need that.”
Last week a carefully worded order was issued by King County Superior Court Judge Paris Kallas. The order waives the autopsy requirement for Ross but does not overturn the county’s autopsy policy for mesothelioma victims. The order simply means that, in Ross’s case, he will not be automatically subjected to an autopsy if he dies in the middle of litigation. It also leaves the door open for defense attorneys to request an autopsy be ordered by a judge.
The autopsy requirement was adopted in 1984, when King County was overwhelmed with claims stemming from cancer-causing building materials, said Seattle attorney Matthew Bergman, who is representing Ross.
Twenty years ago, it was impossible to detect mesothelioma without an autopsy, but medical technology has evolved and now mesothelioma can be diagnosed before a person dies, Bergman said.
Bergman also pushed to have the county’s mesothelioma policy overturned but Judge Kallas denied that motion. Nevertheless, Bergman says the groundwork has been laid for other challenges to this autopsy requirement.
Leave a Comment » | Asbestos, Lung Cancer, Mesothelioma, lawsuits | Tagged: Mesothelioma, Pleural mesothelioma, Lung Cancer, mesothelium, asbestos cancer, King County Superior Court, King County autopsy policy | Permalink
Posted by Dave Austin
December 1, 2008
A Trans World News article reports that W.R. Grace last week said that they have reached an agreement to settle property damage claims from homeowners and business owners who used Zonolite, an insulation manufactured by Grace. The Zonolite contained vermiculite asbestos. Exposure to the asbestos can lead to mesothelioma, a type of lung cancer which is usually fatal because it is diagnosed after the cancer has progressed so far that treatment is usually palliative. Many have died from mesothelioma, sometimes also called asbestos cancer.
The settlement is said to be worth about $60 Million dollars to be put into a twenty-year trust. Grace will deposit $30 million the first year, $30 million the third year. After that $8 million will be put into the trust each year if the trust funds go below $10 million. The settlement reportedly will pay each home or business owner 55% of the damages that was claimed in the initial lawsuit filed by each owner; however, the Securities and Exchange Commission has stated that no one would receive more than $4,125.
According to the article, lawsuits could be filed until the Trust runs out. Previously, as part of the bankruptcy proceedings, it had been determined that the filing deadline for property damage was October 31, 2008.
Leave a Comment » | Asbestos, Lung Cancer, Mesothelioma, lawsuits | Tagged: asbestos cancer, Asbestos cancer bankruptcy court, Asbestosis, Mesothelioma, vermiculite, WR Grace, Zonolite | Permalink
Posted by Dave Austin
