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You Are Here: Mesothelioma Legal Blog > 2010 > November
 
   

Archive for November, 2010

9/11 first responders get closer to compensation

Wednesday, November 24th, 2010

The World Trade Center Disaster Site Litigation has begun the process of compensating thousands of 9/11 first responders. The sudden crisis has left countless people in its wake who were not present for the attack. Men and women who faced the scene to provide assistance are now suffering illness and disease from their actions.

The Trade Center buildings in New York were built with over four hundred tons of asbestos material. When the buildings collapsed, the material deconstructed, forcing the toxic asbestos fibers into the air. Thousands of local and national servicemen and women and volunteers flooded the area to help, being exposed to the fibers.

Asbestos fibers can cause several severe respiratory conditions including asbestosis, pleural mesothelioma and peritoneal mesothelioma. Pleural mesothelioma is the more common of mesothelioma cancers. This disease affects lung lining when asbestos fibers begin a mutation process in lung lining tissue. Peritoneal mesothelioma is a similar cancer affecting lining tissue of other abdominal cavities, such as the lining of the heart. Both mesothelioma cancers are characterized by irregularly patterned tumors which develop over many decades. There is currently no known curative treatment for mesothelioma cancers. Once diagnosed, patients’ average life expectancy is eighteen months.

Due to its long latency period and the high number of patients exposed during their working years, it is typical that diagnosis is found well beyond mid-life. To date, only one individual has survived mesothelioma in the US. This case was diagnosed and treated while the patient was in her twenties. However, many patients have no idea they were ever exposed to asbestos until they have been diagnosed much later in life.

Currently, 9/11 first responders know of their exposure to asbestos and the associated risks.  The James Zadroga 9/11 Health and Compensations Act is a pending modification of the Public Health Act. This Act would provide 9/11 workers with monitoring and treatment for diseases and mental health issues brought on by their time at the World Trade Center Site.

There are 10,563 plaintiffs involved in the World Trade Center Disaster Site Litigation for compensation. The settlement agreement has been signed by 95% percent of these individuals, moving the case forward. A group of administrators will be deciding the payment for each case through the next months—splitting the total $700 million by severity of injury and potential risk of exposure time.

Veteran’s estate awarded following workplace asbestos exposure

Wednesday, November 17th, 2010

The State Supreme Court in Syracuse New York recently heard the case of Richard Shruderer who died of mesothelioma allegedly following years of asbestos exposure in the workplace. Lipsitz & Ponterio, LLC represented the Estate of Richard Schruderer which was awarded compensation following the proceedings. Schruderer is survived by his wife, children and grandchild.

Schruderer spent close to forty years working for the New York State Department of Transportation. After his start in 1954 with NYDOT, Schruderer was employed on the Tugboat Erie as a deckhand. Through the years he moved up positions on the same tugboat to eventually become Captain. Schruderer retired in 1991.

It was during his years as an oiler on tugboat Erie that Schruderer was purportedly exposed to toxic asbestos materials. At that time his work included maintaining the boat’s valves and gaskets which contained asbestos. Shruderer is one of many to come in contact with asbestos through the shipbuilding industry, a known big user of asbestos materials.

When inhaled, the fibers of asbestos can begin a mutation in the lining of the lungs and other abdominal cavities, called the mesothelium. This mutation process can lead to the growth of mesothelioma, a rare and aggressive cancer.  Mesothelioma spreads through the lining in irregular patterns. It has a long latency period often not showing signs and symptoms for twenty to forty years. Many mesothelioma patients have no idea they were ever exposed to asbestos until decades later when they are diagnosed with mesothelioma.

In the Schruderer case, responsibility was settled between several defendants. Forty percent was settled with multiple defendants prior to trial. The remaining sixty percent was charged to John Crane, a gasket manufacturer who supplied the materials Schruderer worked with during his employment on tugboat Erie.

Following the trial, attorney John P. Comerford, of Lipsitz & Pontero, LLC said, “We are gratified that the jury recognized the great injury that was needlessly inflicted on this fine family and are especially pleased that this recognition came the day after the Nation celebrated Veterans’ Day. Richard Schruderer proudly served his country as a U.S. Marine before returning to civilian life.”

The armed forces has historically used high amounts of asbestos materials in shipbuilding and ammunitions manufacturing. Mesothelioma is a sad end for many US military men and women who are exposed to asbestos during their time of service.

Wrongful death suit filed for mesothelioma victim

Wednesday, November 10th, 2010

Charles Valentino filed the first suit of its kind in Meigs County Ohio earlier this month. After his wife’s death in August 2009, following her short battle with mesothelioma, Mr. Valentino filed a wrongful death litigation against twenty-six companies he believes to be responsible for the death of his wife. According to My Daily Sentinel report of November 1, 2010, the litigation claims the twenty-six companies are guilty of “liability for her illness and death, breach of warranty, product liability, conspiracy, concealment and willful misconduct.”

Mrs. Valentino died just two months after being diagnosed with mesothelioma, a rare cancer of the lung lining. In the US mesothelioma is most often associated with exposure to the toxic chemical asbestos. Used commonly prior to the 1980’s as a building material, fire deterrent and additive in many manufacturing processes, asbestos is now a recognized health threat.

Once the fibers of asbestos are inhaled and enter the lungs, a mutation begins in the cells of the lung lining called the mesothelium. The cancer grows aggressively in irregular patterns. There is no known cure for mesothelioma. Due to the short and painful life expectancy typically following diagnoses, many mesothelioma patients are choosing palliative treatment to manage the pain. The more aggressive approach may include surgery and chemotherapy.

Mrs. Valentino was allegedly exposed to the toxic asbestos fibers during her employment at several hospitals in the Columbus area thirty to forty years ago. She worked in at least three, including St. Anthony’s Hospital, Mount Carmel Health and St. Ann’s Hospital. Like Mrs. Valentino whose exposure is presumed to have taken place in the sixties and seventies, mesothelioma patients have a long development time before signs and symptoms occur. A latency period of several decades is not uncommon.

Mr. Valentino has named Allied Corporation as the primary defendant; the successor company to Bendix-Corp based in Cleveland. The suit states Mrs. Valentino, “was exposed to asbestos, products containing asbestos or machinery using asbestos products,” during her hospital employment.

Mrs. Valentino is one of about three thousand Americans to die of mesothelioma each year. Like many other cases, the fault often lies in negligence and misconduct on the part of an employer. Without a known cure and with the long development period of mesothelioma, it is often too late to prepare for loss or financial security for families left behind.

Funds allocation for Australia’s fight against mesothelioma

Wednesday, November 3rd, 2010

Australian officials claim their country as the leader in mesothelioma treatment and cure research. This is back dropped, however, by their leading numbers of mesothelioma cases; the death toll from mesothelioma and asbestos related diseases continues to rise in Australia.

Robert Vojakovic, Asbestos Diseases Society president, advocates funding more research for the development of a cure. His grasp on the staggering situation is a clear one.

“Obviously I’ve been around for the last 32 years and I’ve seen stacks of people dying from diseases – we lose about five people from our organisation every week in Western Australia.”

“My concern was mainly to get more money into medical research. I reckon with 10 or 15 years we’re going to clean up the disease [and] be able to treat it.”

He goes on, “But if any person got exposed to asbestos today, it will be maybe 30 years before he’s going to get any disease, so it’s more logical that we put staggering amounts of money into research.”

“We are all at risk – it only takes several fibres, one fibre to cause a malfunction or mutate one of your cells and that triggers cellular process to get mesothelioma.”

Not everyone agrees with the approach to fund further research. Chris Evans, Minister of Australia’s Federal Workplace Relations suggests advancing national awareness of the problem and educating the nation on avoidance strategies.

“Each of the states have got various bits of information and we’ve got some data collection,” he said. “The Tasmanian Government’s made an initiative recently which will help in that regard in their state, but we do need to pull all the things together to actually make sense of it all and make sure we’ve got priorities.”

Bruce Robinson is the Director of the National Centre for Asbestos Related Diseases. His response to the situation is more in line with Vojakovics focus on research.

Robinson said, “”The epidemic of asbestos cancers is continuing to rise, it won’t peak for some time yet, and then it’s going continue for another 40, 50, 60 years.”

“So there are more than 20,000 people expected to die just of mesothelioma, which isn’t the only asbestos-induced cancer.

“And that’s just in Australia – millions are going to die around the world and we think Australia’s is the best place to find a cure so those millions of people can be helped.”