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You Are Here: Mesothelioma Legal Blog > 2011 > July
 
   

Archive for July, 2011

Mesothelioma diagnosis brings about lawsuit

Wednesday, July 27th, 2011

A Sistersville, West Virginia woman has filed suit against sixty companies she says are responsible for her case of mesothelioma. After her husband’s employment with the same company for forty-one years, Ruth Smith is suggesting the company did not warn about, or provide protection against, asbestos exposure related to her husband’s work. Smith suspects her husband was exposed to asbestos and unknowingly exposed her to toxic fibers as well.

Smith was diagnosed with rare mesothelioma cancer in May and filed suit in June. Mesothelioma’s only known cause is asbestos. Historically asbestos exposure has been related to workplace hazards as the toxic chemical was used heavily through industrial and manufacturing arenas in the nineteen hundreds.

Mesothelioma is characterized by a long latency period, typically ranging from twenty to fifty years. During this time signs and symptoms do not show. However, towards the end of the latency period mesothelioma becomes quite aggressive and symptoms mimicking those of bronchitis or pneumonia ensue. Most patients have no idea they have been exposed to asbestos and therefore have no cause for concern until decades later.

Mesothelioma tumor growth is specific to protective organ lining. Most often seen in lung lining, malignant mesothelioma can affect other abdominal cavities as well. There is no known cure for mesothelioma although several mesothelioma treatments are available. These include surgery, chemotherapy and radiation therapy, often administered in combination as palliative care.

According to the West Virginia Record, the suit states the sixty defendants “are being sued on theories of negligence, contaminated buildings, breach of expressed/implied warranty, strict liability, intentional tort, conspiracy, misrepresentation and post-sale duty to warn.”

To date, over six hundred thousand lawsuits have been filed in connection with asbestos exposure. World health organization estimates close to ninety thousand people worldwide each year will be suffering with mesothelioma if asbestos use is not immediately stopped.

Mesothelioma widow warns others of asbestos dangers

Thursday, July 14th, 2011

Jennifer Jennings of UK is grieving the loss of her husband Cyril Jennings after his battle with mesothelioma. Recently past, Mr. Jenning’s cause of death was determined by a local coroner’s court: a blood clot from mesothelioma cancer.

Mr. Jennings was diagnosed with mesothelioma in 2009. Mesothelioma is caused by exposure to toxic asbestos, a naturally occurring chemical considered a Type 1 carcinogen by World Health Organization. Mr. Jennings was exposed to asbestos during his employment as an engineer; his work in a laboratory included regular use of raw asbestos materials.

Once asbestos fibers are inhaled, they can become lodged in lung lining tissue causing a mutative process. This process develops into malignant tumors that spread through surrounding areas in an irregular web-like pattern. Malignant mesothelioma is characterized by a latency period typically ranging from twenty to fifty years, and symptoms that mimic those of bronchitis and pneumonia.

Mesothelioma treatments are available including surgeries, chemotherapy and radiation therapy. There is no known cure for mesothelioma.

Mrs. Jennings warns others who work with asbestos about realities associated with exposure. In an article published in The Bolton News, she says, “I don’t think people realise that asbestos kills. I implore any builder to make sure they wear protective clothing and masks. You just don’t know where asbestos is, it is still in buildings now. I don’t want this to happen to anyone else.”

Italian chef settles mesothelioma case out of court

Wednesday, July 6th, 2011

A recent mesothelioma lawsuit in Salisbury, England, was settled out of court when Luigi Pes was compensated with a six-figure amount by his former employers. Pes, who was diagnosed with malignant mesothelioma in February of 2008, was employed as a chef at La Gondola restaurant during the 1980s. He believes his asbestos exposure came from heat resistant oven seals in the restaurants kitchen, as well as some ceiling material in other parts of the establishment.

In a July 5th article in the Salisbury Journal, Pes says: “For many years I worked there with no idea about the damage asbestos could do to my health. In later years when I became aware about the dangers of asbestos, I had an idea that I had been exposed but I never expected that I would end up with this disease.

“Despite my progressive illness and the restrictions it brings, I’m doing my best to enjoy each day I have left. I’m not angry but I do feel strongly that more should have been done to protect me from getting this disease.”

Mesothelioma and other severe respiratory conditions are caused by inhalation of toxic asbestos fibers. Much like Pes, many mesothelioma patients have no idea they are living or working in the presence of asbestos. Although relatively safe when incased in a containing materials, such as floor tiles or ceiling tiles, asbestos poses a threat after consistent wear and tear releases the once enclosed fibers into the air.

Like Pes’s case, mesothelioma is characterized by a long latency period between original asbestos exposure and demonstration of mesothelioma symptoms. Mesothelioma victims often go for decades with no idea they are suffering from a deadly cancer. This makes early detection and mesothelioma treatment a challenge.

Historically, asbestos exposure and diseases it can cause have been associated with industrial employment such as shipbuilding, steelwork and mining. However, as residential and commercial construction components containing asbestos begin to break down, countless homes and workplaces are becoming unsafe. This is seen in Pes’s case and cases like it.

Adrian Budgen of Irwin Mitchell law firm in the UK is recently quoted in The Star on this demographic change in mesothelioma victims. He said, “Asbestos has long been associated with heavy industry but sadly we are seeing an increasing number of people from other sectors – such as health and education – falling victim to diseases like mesothelioma.

“The rising numbers of white- collar workers who are going on to suffer from mesothelioma highlights the need for a proper record of which public buildings – whether they are council offices, hospitals or schools – contain asbestos to prevent future, needless tragedies.”