Mesothelioma Information

Attorneys have seen a greater demand for their services since the inception of asbestos litigation in the early 1970s.  This has opened a branch of law specializing in asbestos diseases, including mesothelioma.

Asbestos is a group of naturally occurring silicate minerals that can be separated into fibers. The fibers are strong, durable, and resistant to heat or friction.  They are also long, thin, and flexible, so the fibers can be woven into cloth.

Because of these qualities, asbestos is a useful physical property, combined with other materials for use in consumer, industrial, maritime, automotive, scientific, and building products.  During the twentieth century, an estimated 30 million tons of asbestos were used in schools, homes, and commercial buildings in the United States.

Asbestos litigation increased because of the widespread and long-term health hazards associated with asbestos exposure.  People in all walks of life are at risk of asbestos exposure, occupational exposure has the largest risk.  Mesothelioma lawsuit is part of asbestos litigation that provides a course for sufferers of malignant mesothelioma to receive compensation from the parties responsible for their asbestos illness.

Asbestos Lawyers

An asbestos lawyer is a litigation specialist in the area of asbestos-related diseases.  They represent individuals who have experienced a loss of livelihood because of an asbestos injury.

Due to the latency period between asbestos exposure and contraction of many asbestos-related diseases, claimants are often unsure of the when, where, and how they encountered asbestos.  Asbestos lawyers must have an expert understanding of asbestos and be responsible to pinpoint the source of asbestos exposure, along with all liable parties.

Mesothelioma Lawyers

A mesothelioma lawyer is an asbestos litigation specialist focus exclusively on the asbestos-related cancer, mesothelioma.  They must show a link between asbestos exposure and an injury suffered by the victim. In the case of mesothelioma cancer victims, asbestos exposure normally leads to death within one to two years after diagnosis.

Mesothelioma lawyer determines all parties liable in association to the client's contracting of malignant mesothelioma. In addition, they help in locating the source of the exposure.  This is a difficult task considering that malignant mesothelioma is a latent disease.  It may take an extended time for the disease to fully develop and become symptomatic.

Mesothelioma

Mesothelioma is a specific cancer that attacks the lining around the lungs, heart, or abdomen.  Often, the cancer will not appear for 30 to 50 years after exposure to asbestos. The symptoms of mesothelioma are mistaken for normal aging ailments by victims.  Typically, the sufferer will experience shortness of breath and chest or back pain. Mesothelioma is an aggressive asbestos cancer that is difficult to treat. In recent years, there has been progress made in the management of malignant mesothelioma, particularly in the area of combining treatment methods.  The on-going studies are looking at each treatment separately, some of which include surgery, chemotherapy, radiation, etc, so that the component of a combined treatment can be better understood.

Health Hazards

The health hazards associated with asbestos exposure has been called "the worst occupational health disaster" in U.S. history.  Knowledge of hazards were known by product manufacturers long before the harmful mineral was regulated under section 112 of the Clean Air Act of 1970. Internal reports of harmful asbestos exposure circulated through manufacturer organizations prior to the Second World War.  Studies suggest over 200,000 asbestos-related deaths have been reported since 1985.  The failure of product manufacturers to warn consumers or provide adequate protection for their employees has made such companies liable for any asbestos-related problems.

A Recent Example of Court Action:  San Francisco Court Upholds $11 Million Award

March 28, 2008 

A California state appeals court in San Francisco upheld an award of more than $11 million to a former Bay Area couple for an incurable lung disease.   The husband Joseph Garza suffered after being exposed to asbestos in Navy shipyards in the 1940s and 1950s.

Garza joined the Navy when he was just 17 and worked for more than a decade on ships at the Hunters Point shipyard in San Francisco and elsewhere.  He was using asbestos products to repair boilers without any warnings or protective gear, the court said. He was also exposed to asbestos insulation in later jobs, but a San Francisco jury assigned 75 percent of the responsibility for his illness to Asbestos Corporation which made the sealant used by the Navy, according to the court.  Joseph and his wife Mary are now Colorado residents.  They filed the suit against Asbestos Corp. Ltd. in 2005 after Joseph was diagnosed with asbestosis.  Garza, now 77, testified he needs an oxygen unit to breathe, can walk only half a block, and is losing his ability to care for his wife, who is almost completely dependent on him because of her own health problems. 

In a July 2006 verdict, the jury awarded more than $1.1 million to Joseph Garza for medical costs and emotional distress, $400,000 to Mary Garza for loss of her husband's care and attention, and $10 million in punitive damages against Asbestos Corp.  The First District Court of Appeal upheld the verdict Friday and said the evidence justified the jury's conclusion that the company had acted reprehensibly.

Citing testimony that Asbestos Corp. had been aware of asbestos' dangers since the 1940s but sold it without warning labels until 1970, the three-judge panel said the company, "intentionally marketed a defective product knowing that it might cause injury and death."