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Sunday 31 March 2013

What Is A Mesothelioma Lawyer ?

Mesothelioma (or, more precisely, malignant mesothelioma) is a rare form of cancer that develops from transformed cells originating in the mesothelium, the protective lining that covers many of the internal organs of the body. It is usually caused by exposure to asbestos.[1]

The most common anatomical site for the development of mesothelioma is the pleura (the outer lining of the lungs and internal chest wall), but it can also arise in the peritoneum (the lining of the abdominal cavity), and the pericardium (the sac that surrounds the heart),[2] or the tunica vaginalis (a sac that surrounds the testis).

Most people who develop mesothelioma have worked in jobs where they inhaled or ingested asbestos fibers, or were exposed to airborne asbestos dust and fibers in other ways. It has also been suggested that washing clothes of a family member who worked with asbestos increases their risk for developing mesothelioma.[3] Unlike lung cancer, there seems to be no association between mesothelioma and tobacco smoking, but smoking greatly increases the risk of other asbestos-induced cancers.[4] Some people who were exposed to asbestos have collected damages for asbestos-related disease, including mesothelioma. Compensation via asbestos funds or class action lawsuits is an important issue in law practices regarding mesothelioma (see asbestos and the law).

Signs and symptoms of mesothelioma include shortness of breath due to pleural effusion (fluid between the lung and the chest wall) or chest wall pain, and constitutional signs such as unexplained weight loss. The diagnosis may be suspected with chest X-ray and CT scan, but must be confirmed pathologically, either with serous effusion cytology or with a biopsy (removing a sample of the suspicious tissue) and microscopic examination. A thoracoscopy (inserting a tube with a camera into the chest) can be used to acquire biopsy material, and allows the introduction of substances such as talc to obliterate the pleural space (a procedure called pleurodesis), preventing more fluid from accumulating and pressing on the lung. Despite treatment with chemotherapy, radiation therapy or sometimes surgery, the disease carries a poor prognosis. Research about screening tests for the early detection of mesothelioma is ongoing.

Exposure to asbestos fibers has been recognized as an occupational health hazard since the early 20th century. Numerous epidemiological studies have associated occupational exposure to asbestos with the development of pleural plaques, diffuse pleural thickening, asbestosis, carcinoma of the lung and larynx, gastrointestinal tumors, and diffuse malignant mesothelioma of the pleura and peritoneum. Asbestos has been widely used in many industrial products, including cement, brake linings, gaskets, roof shingles, flooring products, textiles, and insulation.

Commercial asbestos mining at Wittenoom, Western Australia, occurred between 1945 and 1966. A cohort study of miners employed at the mine reported that while no deaths occurred within the first 10 years after crocidolite exposure, 85 deaths attributable to mesothelioma had occurred by 1985. By 1994, 539 reported deaths due to mesothelioma had been reported in Western Australia.

Family members and others living with asbestos workers have an increased risk of developing mesothelioma, and possibly other asbestos related diseases.[24][25] This risk may be the result of exposure to asbestos dust brought home on the clothing and hair of asbestos workers. To reduce the chance of exposing family members to asbestos fibres, asbestos workers are usually required to shower and change their clothing before leaving the workplace.

Many building materials used in both public and domestic premises prior to the banning of asbestos may contain asbestos. Those performing renovation works or DIY activities may expose themselves to asbestos dust. In the UK use of Chrysotile asbestos was banned at the end of 1999. Brown and blue asbestos was banned in the UK around 1985. Buildings built or renovated prior to these dates may contain asbestos materials.

There is no universally agreed protocol for screening people who have been exposed to asbestos. Screening tests might diagnose mesothelioma earlier than conventional methods thus improving the survival prospects for patients. The serum osteopontin level might be useful in screening asbestos-exposed people for mesothelioma. The level of soluble mesothelin-related protein is elevated in the serum of about 75% of patients at diagnosis and it has been suggested that it may be useful for screening.[29] Doctors have begun testing the Mesomark assay which measures levels of soluble mesothelin-related proteins (SMRPs) released by diseased mesothelioma cells.

Although U.S. regulations on asbestos and asbestos exposure began in the 1970s, more than three decades later people are coming to the conclusion they need a mesothelioma lawyer. One result of the long latency period of asbestos-related diseases like mesothelioma cancer is continued legal claims by patients who were made sick through no fault of their own. Companies and contractors for branches of the military that exposed workers to the toxic mineral are being held accountable.

As early as the 1930s, medical evidence linked asbestos exposure to lung disease and mesothelioma and other asbestos cancers, diseases that severely limit someone’s life expectancy. Although many companies that made or used asbestos knew about these health hazards, they continued to expose their workers and the public to them for several decades.

Many veterans are in need of a mesothelioma attorney because so many of them, especially Navy veterans, had a high risk of asbestos exposure in the U.S. military. All together, up to 3,000 Americans are diagnosed with an asbestos-related disease. If a doctor has diagnosed you or a loved one with an asbestos-related illness such as mesothelioma or lung cancer, you may have legal options to get help with medical bills and other related expenses.. 

For almost a century, asbestos was one of the most commonly used construction, manufacturing and shipbuilding materials. It was also used in thousands of products and can still be found in houses, apartments buildings and other facilities built before the 1980s. Many members of the public and workers in a variety of jobs were exposed to asbestos.  Another reason for the high number of new cases: It can take up to 50 years after an exposure for patients to start showing symptoms of mesothelioma. That is why a construction worker, shipbuilder or plant employee exposed to asbestos in the 1960s or 1970s may only now be diagnosed with the disease. That is also why many companies were able to hide the fact they exposed employees and others to this toxic mineral.

The costs of mesothelioma can be overwhelming. They can include income loss, expensive treatments that may not be covered by health insurance, plus pain and suffering for you and for your family. Because the disease is preventable – and because it is usually caused by someone else’s negligence – legal options may be available to help regain these costs.

Asbestos lawyers focus their practice on knowledgeably and effectively bringing to justice companies that exposed employees and the public to asbestos products. A mesothelioma attorney can help you consider your options and file a claim against the company responsible for your asbestos-related illness. More than one company may be responsible. A mesothelioma attorney identifies all companies at fault.

Mesothelioma lawsuits have helped thousands of people receive financial assistance. A lawsuit can result in much-needed money to help reduce financial hardships during an illness and can also provide a more stable future for your loved ones. A lawyer specializing in asbestos litigation can help you seek compensation for expenses related to illness caused by asbestos exposure, including the following: 

Every claim is different. A mesothelioma attorney can help explain what types of compensation are specific to your case. It is important to save all medical and financial records relating your illness so that your lawyer can have up-to-date information about your expenses.

You will be asked to show medical records and to answer questions about how you may have been exposed to asbestos, there is usually no reason to take part in other stages of the case. Lawyers know clients may be too tired to keep up with their lawsuit or attending a trial. For this reason, they handle every aspect of the case on your behalf

Asbestos litigation is regarded as the longest, most costly mass tort in U.S. history. Legal analysts calculate that there are more than 600,000 plaintiffs and more than 6,000 defendants and that the total outlay for the lawsuits could reach $200 billion.

Most mesothelioma lawsuits are between people who had direct exposure (also known as primary asbestos exposure) and the manufacturers of asbestos or products containing asbestos. However, workers and former workers of companies that knew they had asbestos issues are not the only ones with rights against asbestos manufacturers. Other groups of people did not work with asbestos but were exposed also may have rights. (This is known as secondary asbestos exposure.) For example, if you shared a workspace with others who handled asbestos or your spouse worked with asbestos, you may also have a claim. A mesothelioma lawyer can help you consider your options.

There are two types of asbestos injury cases. A lawsuit filed by an individual suffering with an asbestos-related illness is called a personal injury claim. A lawsuit filed by the family of someone who has passed away from an asbestos-related disease is called a wrongful death suit. Specific rights in these lawsuits depend on the county and state where the case is filed. A lawyer can explain your options and take care of filing a lawsuit.

Only a qualified asbestos or attorney can provide legal advice on whether you qualify to file a lawsuit or seek recovery through a bankruptcy trust. Asbestos.com offers basic assistance in understanding the mesothelioma litigation process and about finding a qualified mesothelioma lawyer. If you have questions about mesothelioma or the legal process, feel free to call one of our Patient Advocates in our Mesothelioma Center at (800) 615-2270 for guidance. The advocate can ensure that you get accurate information about any potential claim.

established itself as one of the nation's premier law firms featuring highly acclaimed mesothelioma lawyers with decades of experience in the areas of asbestos exposure and mesothelioma law. The firm prides itself on the accomplishments attained by its lead poisoning lawyers, whistleblower attorneys, birth defect lawyers, medical malpractice & personal injury attorneys.

LPK has litigated precedent-setting cases and obtained significant rulings and judgments, which have included some of the highest awards in mesothelioma, asbestos, lead poisoning, and personal injury litigation. As plaintiff's advocates, we pledge the best of our experience, skill, and resources to every client.

BOSTON, Massachusetts, March 5, 2013 - With its mesothelioma lawyers already working all over the country, Levy Phillips & Konigsberg LLP (“LPK”), a nationally-acclaimed asbestos litigation law firm, whom U.S. News & World Report recently named 2013 Law Firm of the Year in Product Liability, announce the addition of Massachusetts mesothelioma lawyer and Navy veteran Chris Humphrey, who joins the law firm to help more victims of mesothelioma who were exposed to asbestos in a wide variety of industries, including many industrial and commercial sites, in and around Boston, MA.

Each year thousands of men and women are diagnosed with an asbestos-related disease such as mesothelioma, lung cancer, or asbestosis as a result of their unnecessary exposure to asbestos and asbestos-containing products. These diseases may have been prevented if the companies profiting from the sale and/or use of asbestos products shared the knowledge they had concerning its dangers to its customers or end-users.

Boston and the surrounding area is home to many shipping and manufacturing job-sites where workers would have been exposed to asbestos. Boston’s rich maritime history and abundant coastal environment makes industries such as shipbuilding, fishing, and merchant shipping incredibly popular for Massachusetts workers throughout the city’s respected history. As one of the oldest cities in America with readily accessible coastal ports and railroads, Boston and the surrounding area was also the home of countless manufacturing sites.

In addition to the shipping and manufacturing industries, thousands of victims were exposed to asbestos during the construction of Boston’s many hospitals, colleges, and universities.

Massachusetts workers were frequently exposed to asbestos by their involvement in Boston’s abundant shipbuilding and manufacturing industries. Some of the most common exposure sites include the following (see also Figure 1 below):

  • Charlestown Navy Yard - Covering nearly 30 acres, Charlestown Navy Yard (now known as the Boston Navy Yard) was the birthplace of more than 200 warships from its inception in 1800 until its closing in 1974. The now historic park and landmark stands as a symbol of Boston’s rich maritime history.

  • Bethlehem Hingham Shipyard – Founded in 1913 and covering over 150 acres, the Bethlehem Shipyard in Hingham, Massachusetts was paramount to the production of naval vessels needed to secure the victory in World War II. With over 24,000 employees at its peak, who were known for their excellent craftsmanship and speed, Massachusetts workers were proud to work at Bethlehem Hingham Shipyard.

  • Boston Edison Company – Now known as NSTAR, Boston Edison Co. employed thousands of workers to install and maintain asbestos containing equipment such as steam pipes, boilers, valves, pumps, turbines, and generators necessary for the use and sale of electricity and steam they sold all over the greater Boston area. Boston Edison powerhouses and sub-stations can be found all over Massachusetts, and were the primary source of asbestos exposure for many victims employed by the Boston Edison Company.

  • Fore River Shipyard – Situated in Quincy Massachusetts, the Fore River Shipyard and Engine Building Company was also known as the Quincy Shipyard, the Bethlehem Steel Shipyard, and the General Dynamics Shipyard during its operation from the 1880s until its closing over 100 years later. During this time, and especially during World War II, hundreds of submarines and destroyers laid their keels at Fore River Shipyard.

  • Salem Harbor Power Station – Built in 1951, the Salem Harbor Power Station consisted of both coal-fired and oil-fired power stations. Covering over 60 acres, the water-front site is complete with many smoke-stacks, oil tanks, and coal piles. Asbestos insulation and materials would have commonly been used in and on the countless boilers, steam pipes, valves, pumps, and generators located on the site.

Not limited to shipyards and power generation, thousands of other victims were exposed to asbestos through their work at industrial and commercial sites including (see also Figure 1 below):

  • Attleboro Manufacturing Company;

  • B.F. Sturtevant Co. – Hyde Park, Boston;

  • Boston Harbor Industrial Park;

  • Boston Logan International Airport;

  • Boston University – Brookline, Massachusetts;

  • Cabot Corporation – Waltham, Massachusetts;

  • Filenes Department Store – Boston, Massachusetts;

  • General Electric Company – Springfield, Massachusetts;

  • Framingham Assembly - Framingham, Massachusetts;

  • The Gillette Company – South Boston Manufacturing Center;

  • Harvard University – Cambridge, Massachusetts;

  • Massachusetts General Hospital – Boston, Massachusetts;

  • Massachusetts Institute of Technology (MIT) - Cambridge, Massachusetts;

  • Pilgrim Nuclear Generating Station - Plymouth, Massachusetts;

  • Prudential Building – Boston, Massachusetts;

  • Riley Stoker Corporation – Worcester, Massachusetts;

  • United States Gypsum Company – Charlestown, Massachusetts;

  • University of Massachusetts – Amherst, Massachusetts;

  • V.A. Hospital – Jamaica Plain, Massachusetts.

Massachusetts asbestos exposure

Figure 1. Map of some of the common asbestos exposure sites in Massachusetts

Massachusetts workers who were exposed to asbestos at these and other jobsites located throughout the Commonwealth can seek the expertise of the Massachusetts mesothelioma lawyers at LPK for possible legal representation. LPK’s history of obtaining numerous landmark and record-setting verdicts and nationwide recognition makes it the first choice for many victims suffering from mesothelioma, lung cancer and asbestosis who were exposed to asbestos in the Commonwealth of Massachusetts.

If you or your family member has an asbestos-related disease, you should get in touch with an experienced asbestos attorney at LPK right away to determine if you have a case. For a free consultation, please call our 24/7 toll-free hotline at 1-800-MESO-LAW (1-800-637-6529) or submit an online inquiry using the email form or live chat on this website

Mesothelioma has no known cure and often causes severe pain, suffering, and other types of damage, such as loss of consortium, and loss of income. Additionally, due to the exceedingly high cost of mesothelioma treatments, many families exhaust savings and accumulate financial debt in order to pay for the medical expenses of their family member.

Under the law of most states, pain and suffering from mesothelioma may be compensated through the award of money damages, usually obtained with the help of experienced mesothelioma attorneys. In some states other types of damages may also be recovered.

Asbestos litigation affords mesothelioma victims the opportunity to receive financial compensation and hold accountable the companies that caused their asbestos exposure. 

If you or your family member has been diagnosed with mesothelioma, you should get in touch with a mesothelioma lawyer as early as possible to determine if you have a mesothelioma case and to:

  • Preserve your rights to bring a legal action against the responsible parties within the limited time frame allowed by law, known as statute of limitations;

  • Obtain maximum compensation in your case by being able to:

    • Preserve evidence and establish facts of the asbestos exposure while the claimant is still alive and able to provide information;

    • File and resolve a lawsuit against the responsible parties before they file for bankruptcy or, if they already have, to obtain compensation before their bankruptcy trust funds run out of money;

  • Expedite your case, as courts tend to give higher priority to mesothelioma lawsuits where the claimant is still alive.

Find out whether you have a case by speaking to one of our experienced mesothelioma lawyers via our 24/7 toll-free hotline at 1-800-MESO-LAW (1-800-637-6529) or by submitting an email inquiry (see form above). Our attorneys will be quick to respond to you and happy to answer all of your questions.

While our offices are located in the states of New York, New Jersey, and Georgia, many of our mesothelioma lawyers are licensed to practice law in a number of U.S. states and have the capability and extensive experience of representing mesothelioma clients throughout the United States.

Many multimillion dollar verdicts and settlements in mesothelioma cases

Being diagnosed with mesothelioma is a stressful experience that raises questions concerning healthcare, the ability to support loved ones and the ability to pay for medical care. A Weitz & Luxenberg mesothelioma lawyer can help. Having won millions of dollars in verdicts and settlements for people suffering from mesothelioma, a Weitz & Luxenberg mesothelioma lawyer has the skill and experience that you can count on.

Mesothelioma Lawyer for the People

People suffering from mesothelioma almost always experienced exposure to asbestos decades prior to being diagnosed. Frequently, the exposure to asbestos occurred in the workplace. Workers such as mechanics, construction workers, electricians, plumbers, sheet metal workers and boilermakers worked with or near asbestos containing products. Asbestos was used in many products because it is strong, flexible and heat resistant. Some asbestos products are: adhesives, cement, brakes, clutches, gaskets, pipe covering, pipe insulation and cement wallboard. Weitz & Luxenberg mesothelioma lawyers have successfully fought for the rights of many retired workers with mesothelioma and assisted them and their families in supporting themselves and paying for cancer care.

A Mesothelioma Lawyer to Fight Injustice by Companies in the Asbestos Industry

Many companies that made or distributed asbestos products knew of the lethal dangers of asbestos but chose to conceal them for the sake of financial profit. It has been reported that as far back as the 1930s, asbestos manufacturers and their insurance companies knew that asbestos was killing workers. Companies in the asbestos industry could have prevented the development of an aggressive cancer like mesothelioma by warning of the dangers of asbestos or providing safety equipment to prevent exposure to asbestos. The failure to do so was unjust. Weitz & Luxenberg mesothelioma lawyers have been fighting this injustice by filing lawsuits against asbestos industry companies to hold them accountable for the deadly harm they caused.

Accomplishments of Weitz & Luxenberg Mesothelioma Lawyers

For decades, Weitz & Luxenberg mesothelioma lawyers have been achieving outstanding accomplishments in mesothelioma disease cases. Many people suffering from mesothelioma have chosen the lawyers of Weitz & Luxenberg to protect their rights. Here are some accomplishments of Weitz & Luxenberg mesothelioma lawyers:
  • $53 million verdict won for a brake mechanic suffering from mesothelioma
  • $47 million verdict won for boilermaker who died from mesothelioma
  • $17 million verdict won after a consolidated trial involving 5 mesothelioma patients
  • $44 million verdict won in five asbestos cases, including an $11.6 million award for the widow of a sheet metal worker who died of mesothelioma.

Can I Afford a Weitz & Luxenberg Mesothelioma Lawyer?

Yes. We understand that someone diagnosed with mesothelioma is under extreme stress about their health, providing care for loved ones and their ability to pay for expensive cancer treatment. Many mesothelioma patients are elderly people who have a limited income and are unable to work due to their illness. Weitz & Luxenberg mesothelioma lawyers try to ensure that mesothelioma sufferers are not deprived of legal services due to financial constraints by working on a contingency fee system. Under a contingency fee system, the lawyer does not charge the client anything while the case is active. Once the case reaches a settlement or a verdict, the lawyer deducts case expenses from the settlement amount or verdict obtained for the client. Then, a fraction of the remaining amount is deducted for legal fees. The final remaining amount is provided to the client. If the lawyer fails to obtain a settlement or a favorable verdict for the client, the client does not pay anything.

Our Mesothelioma Lawyers are Here to Help You and Your Family

If you have been diagnosed with mesothelioma cancer, you can turn to the mesothelioma lawyers of Weitz & Luxenberg. Weitz & Luxenberg lawyers have been recognized as the "Best Lawyers of New York" by New York Magazine. The lawyers accept mesothelioma cases from all areas of the U.S. and some regions of Canada. While many lawyers advertise themselves as "mesothelioma lawyers" and simply refer mesothelioma cases to other lawyers, Weitz & Luxenberg lawyers work on mesothelioma cases from beginning to end. To contact a mesothelioma lawyer now, complete the form on this page. We will get in touch with you shortly.

For Any legal help anywhere in the U.S. call:

1 - 800 - 476 - 6070

What is Mesothelioma?

Mesothelioma is a rare and deadly form of cancer that can affect several vital organs, including the lungs, the stomach and abdominal area, and, rarely, the heart. It's extremely difficult to diagnose, and people who have been diagnosed usually die within six months of finding out that they have the disease. It strikes approximately 3,000 Americans every year--most frequently men between the ages of 50 and 70. Unlike many forms of cancer, it's highly preventable.

What Causes Mesothelioma?

The only known cause of mesothelioma in the United States is through exposure to asbestos, a fibrous mineral once used as insulation in the construction and ship-building industries, the automotive industry, and other manufacturing industries. The cancer occurs most often in people who are exposed to asbestos fibers at work. The fibers can be carried on clothing and later released into the air, where they can stay suspended for hours, making them dangerous not only to the person exposed to asbestos, but to their families, too.

Who is At-Risk for Developing Mesothelioma?

People who have a history of extended exposure to asbestos are at the highest risk of developing mesothelioma, but even a small exposure to asbestos fibers can result in the disease.

Why is Mesothelioma so Hard to Diagnose?

Mesothelioma can take several decades to develop. Because of this, the onset of symptoms is often delayed for many years after the initial exposure that caused the cancer. As a result, people who were exposed to asbestos 30 or 40 years ago are just now being diagnosed with the disease.

The cancer is rare, and its symptoms are often mistaken for more common and less serious diseases. The most common form of mesothelioma, pleural mesothelioma, affects the lining of the chest cavity that protects the lungs. Pleural mesothelioma can cause fluid to build up in the lining around the lungs, causing breathing difficulties, shortness of breath, persistent coughing, and difficulty swallowing.

These symptoms are similar to what pneumonia sufferers experience, and so an early stage of pleural mesothelioma can easily be misdiagnosed as pneumonia. Delays in making an accurate diagnosis, coupled with the long latency period between the asbestos exposure and the onset of symptoms, often means that the cancer is not diagnosed until its latter stages, when little can be done for the sufferer.

Why are Mesothelioma Sufferers Entitled to Compensation?

Unfortunately, employers and companies knew for decades that working with asbestos on a regular basis was dangerous, but they said nothing and allowed their employees to work with asbestos without protection, putting them at risk for mesothelioma. Because of the long latency period of the cancer, these employees were unaware that they had the disease until years after their exposure, when the symptoms of the disease have started to appear, and they learned, too late, that they have a deadly cancer that was caused by asbestos many years ago.

As a result, mesothelioma sufferers can file for workeres' compensation to help defray the costs of their medical treatment, to compensate them for their pain, suffering, and mental anguish, and to secure their families' financial future after they are gone. Juries have awarded mesothelioma sufferers billions of dollars in damages. Many companies have set aside funds to compensate people who have been injured by their asbestos products.

Who Can File a Mesothelioma Lawsuit?

Anyone who has developed mesothelioma through exposure to asbestos can file a mesothelioma lawsuit. A family member can file suit if the mesothelioma sufferer has passed away, as can the executor of the patient's estate. A family member who has developed the disease through close contact with the person who was exposed to asbestos can also file a mesothelioma lawsuit.

How Do I File a Mesothelioma Claim?

If you want to file a lawsuit, you should find a mesothelioma lawyer as soon as possible after being diagnosed with mesothelioma. This is very important because each state has a time limit, called a statute of limitations, restricting how long you have to file your mesothelioma claim. The time limit varies from state to state, but it's usually one to two years from diagnosis. Although missing the time limit doesn't necessarily mean that you won't be able to pursue your claim, it will limit your chances of success.

You should look for a lawyer who has experience with mesothelioma lawsuits. You'll want someone with the resources and contacts to deal with your case quickly and efficiently. Most reputable lawyers will be able to provide you with information on previous cases such as how many mesothelioma lawsuits they've handled, how quickly the cases were resolved, and how much compensation was obtained.

Meeting with a Lawyer

Once you find a lawyer, you should make an appointment to discuss your options. You'll need to provide details about where and when you were exposed to asbestos so that your lawyer can identify the appropriate employer or company to name in your lawsuit. If you're not sure where and when your exposure occurred, your lawyer will hire a private investigator, at the law firm's expense, to find out. Most mesothelioma lawyers work on a contingency basis, that is, for a percentage of the amount of the compensation claimed, so you won't have to pay legal fees unless you get compensation.

After gathering all the details, your lawyer will try to settle your case out of court. Not having to go to trial saves time and legal costs. Many lawyers are able to get substantial out-of-court payouts for their clients. Past payouts have ranged from thousands of dollars to hundreds of millions, depending on a number of factors, including the type and severity of the mesothelioma involved. Although there is no guarantee that your claim will be successful, you have nothing to lose by filing a mesothelioma lawsuit: you'll be no worse off if no compensation is paid, and you may be able to secure your family's financial future if your claim is successful.

 

 

 

 

 

 

 

 

 

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