Asbestos Law Firms

Asbestos Law Firms

Asbestos has been utilized to make a large wide range of items commercial for more than 100 decades. In addition, it is not necessary to think twice to look at advantage of which. It is known to resort in the technique when taken in where it could stay currently there for many decades in which lastly this causes the real appearance of an illness. All asbestos components caused conditions are known for their long latency interval, making the analysis instead difficult. However, could they be really in which high, thinking about what an asbestos sufferer has to deal with? Lifestyle is just not all about cash, but this is the fact: because someone working with melanoma, your wellness and the lifestyle of you partner and children can be made significantly easier, for those who have access to the particular financial resources to be able to deal with the situation. Most with the law companies are able to do that, since want your company.

Via this process, your situation will be lawfully competitive with a greater concern that may safe person money. On the net, you will discover the greatest mesothelioma lawyers advertising on their own and you should not take them from face worth. First, the lenders that use employees to function revealed to mesothelioma have a situation to answer since they have a significant responsibility to share with employees. To start with, you need to know that they will signify you along with win the situation. Nobody can oppose that if you have the pressure including working with a significant and maybe actually critical wellness, you have to figure out ways to capture up with the particular tremendous health-related costs. The routine cause of asbestos has been proven asbestos fibers components. Hence, it is very important to address their situation with just as skilled lawyers.

Asbestos Law companies are linked with Asbestos Tryout Lawyers. In an extra phase, I suggest asking for an absolutely 100 % free assessment. If there is an illness, you should take a chance to see a reliable asbestos law office that will have excellent lawyers. Almost all lawyers are not likely to take a gradual situation and may negotiate most of situations they are doing handle from judge.

Asbestos law office can be eligible to offer suggestions to be able to thousands of asbestos sufferers every year. Products containing mesothelioma were not to start with thought to be harmful, but in moment, many people operating for mesothelioma manufacturers started getting cancer malignancy of the bronchi. Several mesothelioma lawyers around as well as the primary reason precisely why they focus on these particular circumstances is the large return the circumstances can bring. There have already been many citizens globally affected together with asbestosis and other asbestos components accidents, who have been assisted by asbestosis lawyers within processing for problems and features. Most of the Ct asbestos lawyer will even consider your situation for 100 % free and encourage you know what you may be able to do as a way to look for transaction for your decrease or condition.

When you believe that you might end up being affected by asbestos, you need to examine out a doctor for the analysis. The complete diagnosis is very poor, highly effective treatments -- aside from a treat -- is actually yet to be recognized. My spouse finished being clinically recognized as having breast malignancies and I obtained my Kidney Cell Carcinoma (cancer metastasizing cancer of the renal) analysis just seven a few months later.

So that you can determine the real usefulness coming from all these types of elements needs a specific knowledge and expert experience so it is often wise to decide to employ the help of mesothelioma lawyer. The mesothelioma lawyer should be legal and qualified to practice control in your certain state as well as country. The authentic visibility provides generally happened decades earlier and may perhaps have been to get a relatively brief but heavy interval. To sum it up: looking at the popularity mesothelioma law workplaces is certainly a fantastic place to start. If you are clinically recognized as having asbestosis or perhaps some other asbestos-related condition you may want to locate asbestos lawyers that focus accidental injuries statements. Many decades or even a quite a while may complete before someone shows very first signs.

And also believe me; That does not mean that carefully, actually I basically know as well just what I'm making reference to. In this lifetime, there are no guarantees. The Program code including Federal Guidelines (Title, Quantity, Part maintains that mesothelioma is considered as just about the most risky as well as harmful components known.

Additionally, you will want to examine the win to be able to loss amount to discover the top firm for your fit. Many decades and even decades may possibly pass just before an individual shows first signs. As an impact of the particular recognized risk from respiration in asbestos components there are at present restrictions to the appropriate quantity of contact with asbestos for those operating close to asbestos. Asbestos lawyer offer a wide range of services regarding handling lawsuits. Moreover, if you were ever encountered with asbestos components and have not even developed melanoma metastasizing cancer, you may still have the ability to receive transaction in a class action lawsuit judge. When a new mesothelioma feed chooses to release a fit against the firm, they need to contain the reflection of fine lawyers who can be found in the excellent asbestos law office.

Inside a second phase, an excellent opportunity asking for an absolutely 100 % free assessment. If you happen to be clinically recognized as having asbestosis, nor know where to search from here, examine out one of your community asbestos lawyers and examine with any of their particular asbestosis lawyers with respect to solutions. Wide ranges of questions that you ought to get the techniques are time interval. They have been handled, the quantity of risky asbestos legal situations.  They have been handled, the level of their statements that were paid out viably, what amount of their clients needed to go to the test, whether or not you will discover there is time limit where you live for these types of statements, along with the type of information required by you to start a situation. This morning my partner and i turned on the TV screen and the very first thing I noticed was and marketing by and for a significant mesothelioma lawyer. An expert lawyer will give an impact to you about whether you ought to negotiate from judge or even if it is far better to take it to be able to test. First as well as major, you will need medical evidence that you have melanoma metastasizing cancer. There are wide ranges of lawyers that offer the best service within the demand for the particular settlement.

How Hard is it to Appeal a Workers’ Comp Claim Denial?

The Philadelphia workers comp laws – that is, the statutes as they apply throughout Pennsylvania – are intended to be a smooth means for workers to find financial resolution to workplace injuries. If you were injured or made sick by conditions at your job, you are entitled to coverage of medical costs and a portion of your lost income.

The system is designed to prevent fraud, and therefore many claims are denied. However, a single denial is not the end. A Philadelphia workers compensation attorney typically hears many myths about reasons why it is difficult to get proper benefits from the program. The fact is, approaching the system with a lawyer who works in this area raises the chances of success considerably. The insurance company for your employer that provides this benefit is well prepared to fight claims with its own legal department. You are highly advised to use an equally skilled law firm to represent your interests.

It is possible to file an Appeal Form with the Workers’ Compensation Appeal Board on your own. However, the appeal process comes with many requirements, including:

• You have only 20 days from the Circulation Date to appeal a judge’s decision.
• A Proof of Service page must be completed (including mailing a copy of the appeal to all listed parties).
• You must also provide a clear (and convincing) statement on why you believe the judge’s decision was wrong.

The lawyers at the Philadelphia-based law firm of at Nass Cancelliere Brenner. understand the workers’ compensation system. They work with injured workers to help them get the compensation they deserve (the firm also has offices in Media, Pennsylvania and Westmont, New Jersey). Speak with an attorney to learn how we can fight a claim denial on your behalf.

How Can You Sue for Asbestos Illness Decades After Exposure?

How Can You Sue for Asbestos Illness Decades After Exposure?

We see it in advertising throughout Pennsylvania, Delaware, New Jersey and across the country ― asbestos-related diseases such as mesothelioma, asbestosis, lung cancer and cancers of the colon, esophagus and larynx. Such diseases are often the result of an exposure to the dangerous substance decades ago. New Jersey asbestos injury attorneys often have to explain to patients that their serious illnesses may be related to where they worked or lived during earlier stages in their lives.

Currently, more than 1,300 cases involving asbestos claims are pending in New Jersey courts. This heavy caseload can be traced back to exposure to asbestos ― 20, 30, 40 and even 50 years ago ― in the workplace and even among family members who were exposed to the dangerous fibers when work clothes containing these fibers were laundered.

Due to the nature of heavy industry in the state, Pennsylvania asbestos injury attorneys work with many current and former workers who were made sick from asbestos exposure in the following types of workplaces:

Construction (particularly around insulation and wallboard)
Chemical plants
Motor vehicle repair (particularly brake shops)
Oil refineries
Power plants
Shipyards and steel mills
Establishing the cause of an illness is always a challenge in court, and making such a linkage decades after the fact is an important task for a patient’s legal team. This is why the firm of Nass Cancelliere Brenner., based in Philadelphia, can be an essential part of how patients get fair and justified compensation for the injury caused by a former employer. These are attorneys with experience in asbestos-related injuries and claims. They can be reached at 215-546-8200 or 856-427-9100. They have additional offices in Media, Pennsylvania and Westmont, New Jersey.

What Is the Statute of Limitations for Mesothelioma?

Mesothelioma attorneys in Pennsylvania work with patients who were exposed to asbestos in their employment, many years prior to the diagnosis of their illness. Mesothelioma often affects the lining of the lungs and sometimes affects the abdomen, colon, esophagus, stomach and rectum. It is typically diagnosed decades after exposure.

If you or a loved one suffers from a disease such as mesothelioma, the first thing to do is take charge. Follow doctor’s orders ― but shortly after receiving a diagnosis, you need to contact a New Jersey mesothelioma law firm. Why so quickly? Timing matters:

• Pennsylvania’s statute of limitations is two years from the date that mesothelioma or any other asbestos-caused disease is discovered.
• The New Jersey statute of limitations is two years from the date that any particular asbestos-caused disease is discovered. This means the statute of limitations can vary, as the same patient may discover he has asbestosis at one juncture, then mesothelioma at another point. As long as the suit is filed within two years of the latter discovery, the patient is within the statute of limitations.
• The Division of Federal Employees’ Compensation has no such limitations on when to make a claim.

According to Mesothelioma.us, the treatment costs to individuals affected by the disease can be significant, some or all of which may fall on them if they lack good health insurance. Those costs can range from $150,000 to more than $1 million.

Regardless of where you were exposed to asbestos, you should contact an attorney near where you live. In Pennsylvania and New Jersey, call the firm of Nass Cancelliere Brenner., a Philadelphia firm with additional offices in Media, Pennsylvania and Westmont, New Jersey

When Your Lung Cancer Comes from Asbestos

Each year, some 200,000 new cases of lung cancer are diagnosed in the United States. Lung cancer is responsible for more than one-fourth of all cancer deaths in the United States — more than breast, prostate and colon cancer combined.

The most common cause is cigarette smoking. More than 44 percent of new cases are found among former smokers and 43 percent among people who currently smoke.

But at the same time, 20,000 to 30,000 people who never smoked are diagnosed with lung cancer each year. People who worked with or have otherwise been exposed to asbestos, even if they never smoked, are at an increased risk for developing lung cancer. If someone was a cigarette smoker and they were exposed to asbestos, their risk for developing lung cancer is much, much greater because cigarette smoking and asbestos exposure are double hazards.

There are multiple factors governing the likelihood a person exposed to asbestos developing lung cancer. Those factors include:

• The dose they’ve absorbed
• How long they were exposed
• The type of asbestos (the shape and chemical composition of the fibers)
• The source of the exposure
• If they also smoked cigarettes

According to the National Institutes of Health, people most at risk are those who worked around asbestos, performing tasks such as removing or installing various asbestos-containing products. Even the worker’s family could be at risk because asbestos is lethal when it is disturbed and the fibers become airborne. If fibers are on workers' clothing when they come home, those fibers can be inhaled by family members, with the same health hazards.

If you or a loved one has been exposed to asbestos, the first step is to inform your doctor. The prognosis improves with early detection and treatment. But it’s also important to protect your legal rights.

If you would like more information, please call an experienced asbestos lawyer at 215.546.8200 or visit our website, Asbestos Answers Now..

Second-Hand Asbestos Claims

Imagine your child walks inside after a long day, tired and worn out, and covered in dust and dirt. Most moms command that the clothing — the jeans, the t-shirt, maybe a jacket — be left in the front hall and that the “guilty party” proceed to the bath before dinner.

And then you do the next sensible thing: you endure a few minutes choking in dust as you shake out the dirty clothes. Hours later, you feel grit on your face and on your scalp as you run your fingers through your hair.

Now change that scenario a bit. It’s not your child, but your husband. Your husband is returning form a long day at work where he has spent his day working with or around asbestos-containing products. He has been removing old products or installing new ones. The dirt on his clothes is not dirt — it is asbestos dust. For many women from before the mid-1970s, this meant daily exposure to a deadly carcinogen. In addition, the children of the worker are also potentially exposed by coming in contact with their father or his dirty clothing.

According to the Mesothelioma & Asbestos Awareness Center, data going back to 1966 shows more than half of all mesothelioma cases in women or children are traceable to a relationship with someone who had exposure to asbestos at work.

An Asbestos Informer publication by the U.S. Environmental Protection Agency (EPA) says para-occupational exposure happens when workers’ families or housemates inhale asbestos fibers from clothes worn by a worker in contact with asbestos on the job. Other secondary exposure, called neighborhood exposure, may occur when people who live or work near work sites that release asbestos fibers into the environment.

If you would like more information, please call an experienced asbestos lawyer at 855.546.4600 or visit our website, Asbestos Answers Now.

Legal Counsel Likely Required Under Pennsylvania’s “No Fault” Auto Insurance

The laws in Pennsylvania around auto insurance and auto accidents are intended to provide fair coverage of losses to those involved, ultimately providing a degree of financial stability in the face of misfortune. That said, accident litigation in PA has many quirks and nuances.

How so? The first thing to understand about accident litigation in Pennsylvania is that it offers the motorist options up front, even before there is an accident, including:

• PIP – Personal Injury Protection (PIP) can be purchased to cover medical expenses and lost wages. This is over and above basic drivers insurance.
• Tort threshold insurance, full vs. limited – With the “full” version of coverage, you can sue for economic losses (damage to vehicle, medical/healthcare) and non-economic losses (pain and suffering). “Limited” coverage excludes non-economic losses.
• Arbitration due to an uninsured motorist – Through a private arbitration system, you may need to place all claims against your own insurer if the other driver was under- or uninsured.

Adding to the complexity, as a choice-no-fault state, if both drivers maintain full tort threshold insurance, they can sue each other for non-economic damages. Pennsylvania is part of the few “financial responsibility states” that provide for this option. The state also penalizes drivers with suspended driving privileges for three months if there is a lapse in insurance coverage.

In total, this complexity of rules accomplishes what it should – if you have an accident, you should not suffer a catastrophic financial burden in addition to any physical injuries. This complexity also makes it advisable for you to work with an attorney in an accident’s aftermath. The firm of at Nass Cancelliere Brenner., of Philadelphia, has extensive experience with auto accidents and can help.

Asbestos Compensation is Available

Compensation is still available for victims of asbestos diseases.  Though asbestos cases have been litigated for 40 years, compensation can still be obtained by those who suffer from this great American tragedy.  The method of recovery has changed and the amounts available are different.  Instead of the “old days,” when a victim or their family filed a lawsuit against manufacturers and suppliers of asbestos poison, waited their turn and eventually received a settlement or a verdict against a defendant, now the approach to recovery is two pronged.

First, there is usually the opportunity to file a lawsuit against asbestos defendants, i.e. manufacturers, suppliers and premises owners.  These are companies that are viable, operational or legally liable for companies that made these products.  These cases are filed in the Court system and proceed to trial, often to verdict but usually to settlement.  Like all litigation, the closer the case gets to “the Courthouse Steps,” the greater the likelihood that settlement talks occur and a resolution is reached.  In Philadelphia, we have an asbestos trial list and a successful program that permits cases to get to trial within two years, if not sooner, in cases with exigent circumstances.  The legal battles in the Court system continue, but the opportunities for substantial recovery remain.

The second source of recovery is through application to Bankruptcy Trusts.  Starting with Johns-Manville, many of the major manufacturers of asbestos containing products have filed for Bankruptcy protection.  Those companies must now be pursued through applications filed with Bankruptcy Trusts, established to equitably pay victims based on criteria such as disease type and exposure history.  Though many of the Trusts have strict rules for qualifying for payment, funds are available if criteria are met.  It is estimated that more than $30 billion remains available for payment.

We often hear from attorneys that do not handle asbestos cases, a level of surprise that asbestos cases are still being pursued.   The right to pursue a claim remains as does the opportunity for a substantial recovery.  The real tragedy of the above is that people are still getting sick from asbestos caused diseases, such as mesothelioma, lung cancer, laryngeal cancer,  esophageal, cancer colon cancer, asbestosis and asbestosis caused pleural disease.

If you have any questions, please contact David Brenner (dbrenner@ncblawfirm.com) or Edward Nass (emnass@ncblawfirm.com).  Our telephone number is 215-546-8200.

HOWARD, BRENNER & NASS, P.C.: LEADER IN CREATING FAVORABLE LAW FOR PENNSYLVANIA ASBESTOS/MESOTHELIOMA VICTIMS

With the Pennsylvania Supreme Court’s recent decision in DALY v. AW CHESTERTON, allowing a Pennsylvania asbestos victim to file a claim if they are diagnosed with a second asbestos caused cancer, Nass Cancelliere Brenner, continued its leadership in creating favorable case law for Pennsylvania Asbestos/Mesothelioma victims.   Perhaps our number one appellate victory, is the landmark case of The Estate of Louis Hicks v. Dana,  where the Pennsylvania Supreme Court affirmed the decision of an en banc panel of the Superior Court upholding liability against gasket and packing manufacturers; upholding the applicability of section 402A of the Restatement (2d) of Torts, rather than Section 2 of the Restatement  (3d) of Torts in strict liability cases; upholding testimony that each and every breath is a substantial cause of an asbestos disease; upholding the inadmissibility of compliance with government regulations and industry standards in strict liability cases; and several other issues.  This decision is cited by victims both locally and nationally, in both asbestos cases and other types of litigation.  Additionally, Nass Cancelliere Brenner has successfully argued appellate issues in other asbestos cases.  They include Coward v. Owens Corning (heeding warning presumption), Cauthorn v. John Crane ( compensability and sufficiency of product identification) and Small v. Owens Corning (subsequent remedial measures/ impeach defense witness with subsequent placement of warnings if it denies product makes dust).

Our attorneys are excellent in trying cases to verdict.  Our attorneys are unmatched in holding these verdicts on appeal.

PHILADELPHIA MESOTHELIOMA CASES SUCCESSFULLY SETTLE

During the first half of February, 2012, Nass Cancelliere Brenner successfully resolved five mesothelioma cases on behalf of its clients.  These cases included two living victims of asbestos caused mesothelioma, both women, who are only 52 and 62 years old.  The other three victims died from their mesothelioma.  They were ages 78, 81 and 85.  Unlike Philadelphia asbestos cases in the past, these cases were to be tried individually, one after the other.  In three of the cases, juries were either selected or were in the process of being selected.   Nass Cancelliere Brenner was able to adapt to the quickly changing landscape of Philadelphia asbestos litigation and Court rules.  Notably, David Brenner of our firm serves on the Court’s Rules Implementation Committee.

Each of the victims or their families will receive substantial compensation.  At Nass Cancelliere Brenner, we keep our client’s settlement amounts confidential.  We do not think it is appropriate to publicize settlement amounts.  Publicizing amounts can put clients at risk.

Five Frequently Asked Asbestos Questions

DOES MEDICARE HAVE A RIGHT TO BE REIMBURSED FROM ASBESTOS SETTLEMENTS?

Medicare has a very limited right to be reimbursed for conditional payments made to asbestos plaintiffs. The basic rule is that Medicare only has a right to be reimbursed for funds that are received because of a person’s exposure to asbestos after December 5, 1980.  For instance, if a person’s  exposure to asbestos occurred entirely before December 5, 1980, as it is with most victims, Medicare is not entitled to reimbursement.  If a person was exposed to asbestos after December 5, 1980, but doesn’t know who made that asbestos and thus no company paid based on that exposure, Medicare is not entitled to reimbursement.  This is also true if that same person collected from companies based on exposure prior to December 5, 1980.  If a person collected for exposures after December 5, 1980, then subject to certain limitations, Medicare may have a lien.  Please note, Medicare liens are based on the actual Conditional Payment amount paid by Medicare for medical services related to the asbestos disease.  It is important that the client review the Payment Summary Form provided with the Conditional Payment Letter, because often the summary has listed items having nothing to do with asbestos.  Finally, Medicare will reduce the Conditional Payment amount by the percentage of the attorney fee and a portion of the costs.

MY LAWYER HAS HAD A DIFFICULT TIME GETTING AN ANSWER FROM MEDICARE.  IS THERE A WAY TO SPEED THE PROCESS?

We are recommending that our clients call there Congressman to help speed the process.  There is an office at MSPRC (Medicare’s Recovery Contractor) that deals with Congressional Inquiries.  The office is called:   MSPRC  Congressional Inquiry  P.O. Box 138832  Oklahoma City, OK  73113.  Amazingly, members of Congress, through their staffs can get their inquiries responded to in about two to three weeks.   Our clients have reported to us that their Congressional Members have been very helpful and glad to be of service.

YEARS AGO I HAD AN ASBESTOS CASE BECAUSE I HAD X-RAY FINDINGS OF ASBESTOS SCARRING.  I NOW HAVE AN ASBESTOS RELATED CANCER.  CAN I FILE A NEW CLAIM?  The answer in most states is yes.  In Pennsylvania and New Jersey, where our offices are located, we are known as two disease states.  A person can have a claim for a non-malignant disease and also a malignancy, such as mesothelioma, lung cancer, larynx cancer, esophageal cancer and colon cancer.  The claim must be brought within two years of the date the person is diagnosed with the cancer.  Please also note, that most of the Bankruptcy Trusts also allow second disease claims, even if you signed a release in the non-malignancy case giving up your rights to a future claim.   Additionally, Ed Nass of our office recently successfully argued and convinced our Supreme Court to permit a person who had an asbestos cancer suit to file another claim if they are diagnosed with another type of asbestos cancer.

MY FAMILY MEMBER HAS JUST BEEN DIAGNOSED WITH MESOTHELIOMA  OR ANOTHER ASBESTOS CAUSED CANCER.  SHOULD WE  HIRE A LOCAL LAW FIRM SPECIALIZING IN ASBESTOS CASES OR A NATIONAL FIRM?

We strongly recommend a local firm that specializes in asbestos disease cases.  Consider a number of things:  1.  Lawyers from the jurisdiction where I live and was exposed, are more likely to be familiar with my worksite and have most likely have represented co-workers who can help identify asbestos products to which I was exposed, as compared to a national law firm that has never even heard of the place where I worked until I walked through their door.  2.  A local law firm is familiar with the Court system, its rules and procedures, both written and unwritten.  Having a lawyer who knows his or her way around the Courthouse is invaluable.  3.  Be careful of your client costs.  Are you paying for your lawyer to stay at Philadelphia area hotels and fly around the country?  Are these costs being deducted from your share of the recovery?  The net recovery after costs, what you will actually receive, is the most important number in any settlement.  4.  Finally, be careful of the television advertising you see.  Are these real lawyers who will actually handle your case or will they refer you elsewhere to another attorney?  Check out the fine print.

CAN I BRING A CLAIM FOR AN ASBESTOS-RELATED DISEASE WHEN MY ONLY EXPOSURE TO ASBESTOS WAS FROM LAUNDERING MY FAMILY MEMBERS CLOTHES?

Unfortunately, we are seeing an increased number of family members diagnosed with asbestos diseases.  Currently, both Pennsylvania and New Jersey permit actions by family members if they develop an asbestos disease.

The National Association of Distinguished Counsel

Press Release

Edward M. Nass, of Nass Cancelliere Brenner, has been selected to the 2015 list as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel.  NADC is an organization dedicated to promoting the highest standards of legal excellence.  Its mission is to objectively recognize the attorneys who elevate the standards of the Bar and provide a benchmark for other lawyers to emulate. 

Members are thoroughly vetted by a research team, selected by a blue ribbon panel of attorneys with podium status from independently neutral organizations, and approved by a judicial review board as exhibiting virtue in the practice of law.  Due to the incredible selectivity of the appointment process, only the top one percent of attorneys in the United States are awarded membership in NADC.  This elite class of advocates consists of the finest leaders of the legal profession from across the nation. 

Brown v. Lockheed Martin: Asbestos Litigation

n 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.

Plaintiff 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. 

During the industrial revolution, it was not the natural resistance that made it so desirable, but the fact that it was very cheap to acquire and works exceptionally well as a chemical bonding agent.  This meant it could not only be used to bind different materials together during production of goods, but it was also used to make adhesives and exposures for use in the construction business.  This was one of the major reasons many construction workers were exposed to deadly asbestos fibers.  This is especially true when the dried cement is cut or drilled, as is often the case.  This creates dust, which can be inhaled.

Once the fibers are inhaled, they can become embedded in lungs or the tissue layer known as the mesothelium, which is found also in the abdomen or chest of a victim. Once the fibers are there, there is no way for doctors to remove them, and it is very difficult to even see them. Over a period of 20 to 50 years, they can metastasize into the deadly form of cancer known as malignant mesothelioma, which is what happened in this case to the former Air Force mechanic.

The issue was that he had not worked in the state of Connecticut.  The defendant is a major aerospace firm that is incorporated in the state of Maryland. He filed his case in a Connecticut court, presumably because that was where he lived, but the court determined it did not have subject matter jurisdiction over the defendant and dismissed that case. On appeal, the court agreed that defendant did not have any ties to the state of Connecticut and dismissed the claim.

There is no question that asbestos was the cause of his mesothelioma, and there was not much question who manufactured the asbestos, but there are significant issues pertaining to jurisdiction and venue in these types of cases.  The best thing you can do is to speak with a Boston asbestos injury attorney who regularly handles these types of complex issues.  These cases are not only complex due to their nature, but the law is ever changing due to new regulations, and you want to make sure your attorney is up to speed.

Owner of Famous Steamboat Pleads Guilty to Asbestos-Related Fraud

Anyone who has ever read the work of Mark Twain or watched any number of classic movies is aware that steamboats with giant paddle wheels once traveled up and down the Mississippi River on a regular basis.  There were grand boats with multiple decks and featured casinos, shows and balconies overlooking the water.

While these large paddle wheelers have not been used for nearly a century for the purpose of transportation, they have served as popular tourist attractions. However, the boats that are left are reproductions of the original giant paddle wheelers.  In fact the Mississippi Queen currently operating on the river is a modern replacement of another replica constructed in 1976. 

It is this 1976 boat that is subject of a major asbestos-related criminal case that resulted in two guilty pleas and a possible two years in federal prison, according to a recent news feature from The Advocate.  The boat was made to truly impress anyone who traveled on it. No expense was spared, and it even included the world’s largest calliope.  This was a huge brass pipe organ that used steam from the boilers to make musical tones when the keys were struck.

However, in addition to a giant pipe organ, the boat also featured a lot of asbestos, as it was made at the end of the era in which asbestos was used in most construction in the United States.  Asbestos was used most heavily in the maritime industry.  Not only did it serve as an excellent bonding agent, but also it was useful to prevent a fire at sea, which is the worst fear of anyone aboard a ship.  While this is not necessarily a danger on a riverboat, it was still the industry standard.

The boat was owned by a company know as the Delta Queen Steamboat Co., but, as result of financial troubles, its parent company declared bankruptcy.  The company was later purchased by another company who took the same name, but took the Mississippi Queen out of revenue service in 2007 to replace it with the Mississippi Queen currently navigating the river for tourists.

At first, owners were going to renovate the boat, but they instead decided to sell if for scrap to a company in California. The woman who purchased the boat for $800,000 was going to have it demolished, so she could sell the scrap to a company in China that would pay significantly more money for the material than she paid for the boat.

At this point, the EPA told her that he boat likely contained asbestos, and she had to have tests performed. Once she confirmed the presence of asbestos, she could not find a dock owner willing to do the demolition work, especially at a cost that would make financial sense. She then contracted with a dock owner to strip the boat and failed to disclose the results of the tests.  This meant that any workers would be unknowingly exposed to deadly asbestos fibers. The United States Attorney’s Office chose to prosecute her for these asbestos abatement violations.  She pleaded guilty and now faces up to two years in prison.

A Look at How Military Veterans with Mesothelioma are Treated

According to a recent news feature from the Journal Inquirer, a New England man who worked for Sikorsky is now the leading plaintiff in a major mesothelioma class action lawsuit.   Sikorsky is a major manufacturer of civilian and military helicopters, including the famous green and white one’s used to transport the president and, when he is on board, use the call sign Marine One. While many people think there is only one, there are actually over 35 of them assigned the presidential transport unit of the United States Marine Corps.

This employee was working for the helicopter manufacturer as part of a major project at the company’s facility in Stratford, Connecticut in 2010, when he claims he was exposed to deadly asbestos fibers. As part of his complaint, he alleges that he and 40 other workers were working on converting an old boiler house that was built in the 1930s into an industrial plant capable of generating both heat and electricity.  This type of plant is known in the industry as a cogeneration facility.

Plaintiff claims that the defendant was well aware that the building contained asbestos before sending in the employees, including plaintiff.  The insulation on the pipes and all of the pipefittings contained deadly asbestos fibers. They were also in a greatly deteriorating state, making them capable of crumbling under the pressure of a human hand. When asbestos is in a state that can be crushed or crumbled under the pressure of a human hand, it is known as friable asbestos. Friable asbestos is the second deadliest form of the toxic substance, second to powdered asbestos.  Powdered asbestos was actually knowingly used by companies before the 1970s as fake snow on holiday decorations.

These plaintiffs actually asked the employer if the fitting contained asbestos, and they were told they were tested and everything was safe.  Eventually, the workers repeated questions when visible asbestos was present, and this led to an actual inspection being performed, where it was determined that they were certainly being exposed to large amounts of the deadly fibers, and the air contained extremely saturated levels.

One of the things that makes this case different from a typical Boston mesothelioma case is that none of the plaintiffs have malignant mesothelioma at this time, and, according to a doctor from Massachusetts General Hospital (MGH), they do not have any symptoms of the disease at this time.  The plaintiffs claim they have respiratory distress, and their doctor is going to testify as such.  The reason for the lack of symptoms may be because it typically takes between 20 and 50 years for a patient to develop the cancer to point where it can be detected.

Once the malignant mesothelioma has advanced to the point where patients typically go to the doctor, they will often be experiencing shortness of breath, chest pain, abdominal pain, and other symptoms similar to chronic obstructive pulmonary disease (COPD).  At this point, they often learn that tumors have spread to other parts of the body, and they have only a very short amount of time left to live.  For this reason, one of things the plaintiffs are demanding is lifetime asbestos monitoring and medical care.

A Look at How Military Veterans with Mesothelioma are Treated

A recent news feature from the Huffington Post takes a look the additional hurdles faced by military veterans who are diagnosed with malignant mesothelioma.  There is no question there are many ways soldiers die while bravely serving our country.  We have seen soldiers and sailors killed in firefights with an enemy, killed by a roadside improvised explosive device (IED), or killed in one of many kinds of accidents that happen all the time in what they refer to as the fog of war.

When a soldier or sailor manages to survive all of these dangerous scenarios and gets older, it would seem that the chance of dying a service-related death is over.  However, with the fact that asbestos was heavily used by the United States military, and the fact that it typically takes between 20 years and 50 years for a patient to be diagnosed with malignant mesothelioma, this is not always the case.

In reality, between 100 and several thousand American veterans are diagnosed with malignant mesothelioma every year, stemming from asbestos exposure during their time in service. The United States government is saying it is not responsible for that exposure. Sadly, U.S. courts are agreeing.

This does not not mean that one can’t still file a mesothelioma lawsuit after diagnosis with the deadly disease that was caused virtually exclusively by the Untied States government, but it does mean that the Department of Defense or any other branch of the Untied States government will probably not be a defendant.

Let’s look at how a typical case works to see how this affects veterans and their families.  A sailor served for four years in the United States Navy during the Vietnam War. As is typically the case, the sailor was assigned to the gunship during the last portion of the construction phase and the sea trials.  This was typical, so that the sailor would be familiar with the ship when it was finally put to sea once commissioned.  It is during this phase that sailors spent their days and nights on the boat docked at a base or shipyard with exposed wiring, exposed insulation, and construction work constantly being performed. It was during this time that they were exposed to asbestos fibers.  However, it might be 50 years before the sailor is diagnosed with malignant pleural mesothelioma.

When that happens, he may speak with a Boston mesothelioma lawyer, but it may be difficult to sue the Navy.  This means he will have to find out who the ship builder was, and who the contractor was working on the boat during sea trials, and other defendants actually responsible, even though the Navy knowingly exposed the sailor to asbestos.

Not surprisingly, plaintiffs’ attorneys want to fix this system, but there are also attorneys who represent the big corporations that produced the deadly asbestos.  They want the United States government to pay its portion of the damages.  This is obviously not done out of a desire to help the mesothelioma victims, as it is out of desire to save them money, but in the end, it would help the veterans get a full and appropriate financial recovery.

Asbestos Lawsuit Punitive Damages Challenged

In January, an appeals court in California upheld the award of $1.6 million in compensatory damages and nearly $4 million in punitive damages in an asbestos injury lawsuit. 

That decision came following an appeal by defendants in Casey v. Kaiser Gypsum Company, Inc. following two jury trials – the first that determined liability and compensatory damages and a second limited re-trial that solely weighed the issue of punitive damages after the first could not reach a consensus.

Defendant had argued on appeal to the three-judge panel of the First Appellate District, Division Four that it was improper for the judge to hold a retrial just on the issue of punitive damages. Meanwhile, plaintiff had cross-appealed the fact that the trial court had reduced the punitive damage award from $20 million to just under $4 million. 

But the appellate court affirmed. Now, the Washington Legal Foundation has filed an amicus brief with the California Supreme Court, asking the state’s highest court to review and reverse the $4 million punitive damage award against the manufacturer. The request argued that the lower courts urgently need guidance on how to best handle trials that only handle the issue of punitive damages.

The agency argued that while it is not uncommon to convene a second jury trial to solely consider the issue of punitive damages, judges in these situations often fail to offer proper guidance, which the group argues results in “irrationally large” damage awards.

Punitive damages are a type of award available in civil trials where the conduct of the defendant is especially reprehensible or grossly negligent. These damage awards are often much higher than the compensatory damages awarded in a case.

Massachusetts is one of the few states that allows for punitive damages in cases of gross negligence – not just in cases of willful, wanton or reckless conduct.

The U.S. Supreme Court has ruled that punitive damages are constitutional when considering:

• The degree of reprehensibility of defendant’s conduct;
• Ratio of punitive damage award to the actual harm inflicted on plaintiff;
• Comparison of punitive damages and the civil or criminal penalties that could be imposed for comparable misconduct.

That was laid out in BMW v. Gore and its progeny.

Of the states that allow punitive damages based on gross negligence, Massachusetts is still the only one that hasn’t yet enacted statutory restrictions or mandated limitations.

In the pending California asbestos lawsuit case, jurors had ruled punitive damages were warranted considering that for a 10-year time frame, the company took measures to protect its employees from the asbestos risk posed by its joint compound – yet it took no action to protect its consumers. It did not provide any guidance to trade workers using the material to minimize the danger. As a result, individuals like the plaintiff – a former plumber – were not protected.

They routinely worked without air monitoring, respirators or cleanup precautions.

Sales staffers were in fact instructed not to mention asbestos to customers who bought the material.

Kaiser Gypsum is no longer in business, but it used to make a host of building products, including joint compounds, cements and drywall.

In the Casey lawsuit, the company was found 3.5 percent comparatively at-fault for plaintiff’s injuries.

Property Owner in Worchester Fined over $50,000 for Asbestos Violations

According to a recent news article from the Worcester Patch, the Massachusetts Department of Environmental Protection (MassDEP) has assessed a roughly $52,000 fine against a property owner in connection with alleged asbestos violations while he was renovating his three-decker apartment building in Worcester, Massachusetts.

MassDEP officials said they were responding to complaints from an unknown source when they began their investigation into potential asbestos violations at the apartment building.  The complainant described seeing a pile of renovation waste outside of the home and believed that it contained asbestos fibers.

When investigators investigated further, they not only confirmed the presence of asbestos in the pile of waste outside the building, but found dry and crumbled asbestos pipe insulation on the floor in the basement without any required containment device or sheeting.  As our Boston asbestos attorneys can explain, when asbestos materials are in a state where they are dry and crumbling, the material is said to contain friable asbestos.

Friable asbestos is defined as asbestos material that is capable of being crushed with power of the human hand.  Friable asbestos is considered the most dangerous type of asbestos, because it will give off a lot of dust.  When the dust is inhaled the fibers can become trapped in the lungs, where they can metastasize into the deadly form of cancer known as malignant mesothelioma.

It typically takes between 20 and 50 years for the symptoms of malignant mesothelioma to become detectable to a patient.  These symptoms are shortness of breath, chest or abdominal pain, and coughing.  Once a patient gets these symptoms and goes to the doctor, if a diagnosed with malignant mesothelioma, the patient normally only has a short period of time left to live.  This is why asbestos companies were able to get away with poisoning so many people for so long.  While the general public had no idea asbestos was highly toxic, there is no question those in the asbestos industry were well aware of the dangers.

With respect to this three-decker in Worcester, MassDEP says that it was never told about the renovation project or asbestos abatement taking place as required by state and federal law.  MassDEP also say that the owner did not apply for proper permits, and did not use proper safety equipment, including respirators or ventilators.

In addition to the fine, the owner was also required to hire a licensed professional abatement contractor to complete the job.  This contractor used trained and licensed personnel wearing proper safety equipment to complete the work.  The area was properly protected and the asbestos material was wet to prevent dust from escaping into the air.  It was then placed in approved plastic containers and hauled away to an approved hazardous waste processing facility.

In many asbestos abatement jobsites, air filtration units must be set up on the property and running at time to collect and filter any asbestos fibers that do make it to the air in the room where work is being performed.

Grant v. Foster Wheeler, LLC – Proof of Asbestos Defendants’ Products as Proximate Cause of Injury

Asbestos litigation is complex. There are often more than a half dozen defendants. You’re dealing with facts and details that go back decades. Memories have faded. Records are lost. It’s a challenge to say the least. That’s why it’s imperative that you hire an asbestos injury law firm that is experienced and has a history of success on this front.

A recent case before the Maine Supreme Judicial Court illustrates some of the pitfalls that can arise in asbestos litigation.

In Grant v. Foster Wheeler, LLC, plaintiff – the estate of a man who died from mesothelioma due to exposure to asbestos – appealed a trial court grant of summary judgment to defendants on claims of failure to warn of defective products, unreasonably dangerous goods, negligence and loss of consortium. 

Decedent worked at a company called Bath Iron Works from 1964 to 1970. After some time spent working elsewhere, he returned in 1978 and worked there until 1994.

During his first stint with the firm, asbestos was very commonly used in insulation and other products and materials routinely used at the company. That included products that were used in the construction and renovation of ships.

Throughout his career, plaintiff worked in a number of places, including as a cleaner of ships. He swept debris – including, occasionally, asbestos – when it was left over from certain maintenance and construction activities.

Before his death, he testified in a deposition that he believed he was exposed to asbestos while he worked as a cleaner from ’66 to ’67. Much of that time, he said, he spent sweeping up asbestos that had fallen onto the floor in the course of carrying out pipe covering. He couldn’t say for certain whether he’d been exposed to the material at other times.

Defendants were various players in the process. One was the company that manufactured the pipe covering. Another manufactured boilers and air ejectors. Another pumps. Another made turbines and pumps.

In April 2011, decedent died of lung cancer caused by exposure to asbestos.

Each defendant soon thereafter filed a motions for summary judgment, which were approved by the trial court.

In its review, the state supreme court noted that in order to make a prima facie case – that is, one on first impression – the plaintiff had to show there was a nexus between the product that contained asbestos and the medical causation of plaintiff’s disease. In other words, he had to show that his exposure to asbestos by and through defendants’ products was a substantial factor in his illness.

Leaning on precedent set in the 2012 case of Mehar v. Sullivan & Meritt, Inc., the court said plaintiff had to show not only that the products were used at the site, but that the worker inhaled the asbestos from defendants’ products.

Unfortunately, the court ruled plaintiff hadn’t provided that evidence in this case.

What worked against plaintiff in this case was a deposition decedent conducted before his death in a workers’ compensation act claim, in which he said he worked as a cleaner in the late 1960s but did, “mostly all painting.” He stated he did remember some cleaning, but he didn’t recall any pipe coverings. Plaintiff was then in position of trying to prove the memory of its main witness was incorrect.

There were a number of other considerations as well, but ultimately, the state high court affirmed the grant of summary judgment to defendants.

It’s important for those who have been injured by asbestos to contact a lawyer as soon as possible to learn more about your rights.