California Mesothelioma Lawyers Describe Asbestos Lawsuits

Our California mesothelioma lawyers can initially consider a potential mesothelioma lawsuit on the basis of the diagnosis alone, just because mesothelioma is a rare disease occurring almost never in the absence of asbestos exposure. Our mesothelioma attorneys can be almost certain that in any particular individual case we will be able to identify the source of the asbestos exposure, which will often have taken place 20 to 50 years prior to the date of diagnosis. Mesothelioma can result from direct exposure to asbestos or indirect exposure. Direct exposure is most commonly the result of working in professions in which asbestos was used, trades such as were employed in shipyards, and generally, pipe fitters, insulators, plasterers, electricians, bricklayers, carpenters, steel workers, mine workers, auto mechanics, the U.S. military, or at factories or in other industries, professions and trades in which asbestos was used. Direct exposure sometimes also has occurred as the result of asbestos in heating systems i n work places, in homes, apartment buildings, and even in schools. Indirect exposure to asbestos has commonly been found to occur, for example, in family members of those who worked in these industries, who came into contact with asbestos fibers from clothing worn by the worker.

Confirming the diagnosis, and then identifying the source of the asbestos exposure are the first steps our mesothelioma lawyers undertake, followed by an exhaustive preparation of the damage evidence. recognizing that mesothelioma is a fatal disease, the statistical mean average being that the patient is likely to pass away within 2 years of the date of diagnosis, although the measurement of life expectancy in the individual case may differ, and our mesothelioma lawyers commonly rely on the prognoses of the client's treating physicians. The damages include "general damages," the client's loss of life expectancy, the loss of all that the client would have enjoyed had his life not been cut short, his emotional distress, pain and suffering. Our mesothelioma lawyers also work up the client's "special economic damages," including medical and hospital and related medical expense, past and future for the duration of the client's life expectancy; as well the loss of earnings the client would have received over the c ourse of his natural work life expectancy if he had not been stricken with the disease. For a more complete discussion of the measure of damages, and our California mesothelioma lawyers methods of preparing the damage evidence, including the array of experts required to properly prepare the damage evidence, you may consider our web page. Our California mesothelioma lawyers also represent the families of those who have passed away as the result of asbestos related mesothelioma. Again the diagnosis almost always assures that our mesothelioma attorneys will be able to identify the means of asbestos exposure, and then the damages in a mesothelioma wrongful death case include the family members' losses of love and affection and society and protection and emotional support, as well as economic support that they would have received from their loved one had he or she not succumbed to this asbestos related disease.

Our will consider representing mesothelioma clients in Northern and Southern California, in Los Angeles, the San Francisco Bay Area, Orange County and San Jose, from Sacramento to San Diego, and we will consider representing those who have been diagnosed with the disease throughout the country with the aid of local attorneys in which cases we would generally appear as the primary trial attorneys pro hac vice.

By Ray Henke, Senior Trial Lawyer,

href="">California Mesothelioma Lawyers

Read More

Understanding Cellular And Enzyme Responses Of Chrysotile Asbestos

Occupational exposure to asbestos causes the death of thousands of people each year. This has led to an almost unparalleled body of research trying to better understand asbestos and its link to mesothelioma disease. One interesting study is called, Kinetics of the bronchoalveolar leucocyte response in rats during exposure to equal airborne mass concentrations of quartz, chrysotile asbestos, or titanium dioxide. by K Donaldson, R E Bolton, A Jones, G M Brown, M D Robertson, J Slight, H Cowie, and J M Davis - Thorax 1988;43:525-533. Here is an excerpt: Abstract - The kinetics of the bronchoalveolar response was assessed in rats exposed, at equal airborne mass concentration (10 mg/m3), to titanium dioxide--a non-pathogenic dust--and the two pathogenic mineral dusts quartz and chrysotile asbestos. Rats were killed at intervals over a 75 day exposure period and groups of rats exposed for 32 and 75 days after recovery for two months. Bronchoalveolar lavage was carried out and the lavage fluid characterised for cell ular content, macrophage activation, and concentrations of free total protein, lactate dehydrogenase, and N-acetyl-beta-D-glucosaminidase. Inhalation exposure to the two pathogenic dusts resulted in an increased number of leucocytes, macrophage activation, and increased levels of free enzymes and total protein. The pattern and magnitude of the responses to quartz and chrysotile differed. Chrysotile caused less inflammation than quartz, and the main cellular response peaked around the middle of the period of dust exposure whereas the highest levels of enzymes occurred towards the end. The difference in timing suggests that macrophages were not available for lavage towards the end of the exposure, owing to their playing a part possibly in deposition of granulation tissue. Quartz caused a greater cellular and enzyme response than chrysotile, particularly towards the end of the dust exposure phase. There was a noticeable progression of inflammation in the quartz exposed groups left to recover for two months, but not in the chrysotile recovery groups.

A second article that is interesting is called, Chemical Characterization of Asbestos Body Cores by Electron Microprobe Analysis by Arthur M. Langer, Ivan B. Rubin, and Irving J. Selikoff - Environmental Sciences Laboratory, Mount Sinai School of Medicine of the City University of New York, New York, New York 10029 - Journal of histochemistry and Cytochemistry May 18, 1972. Here is an excerpt: Inhalation of asbestos may be associated with increased risk of developing malignant neoplasms. Some of the fibers become coated in the lung, resulting in "asbestos bodies." The occurrence of structures with the appearance of asbestos bodies in the lungs of urban dwellers the world over, individuals with no known exposure to these mineral fibers, has raised the question of whether the community at large may also have increased risk of neoplasia as the result of chance environmental asbestos exposure. Since other fibrous materials may also sometimes become so coated, epidemiology evaluation of the presence of asbestos b odies has been hampered by difficulties in obtaining absolute identification of the cores of the bodies found. Five fibrous silicates, consisting of four amphiboles (amosite, anthophyllite, crocidolite and tremolite) and one serpentine (chrysotile), constitute the asbestos mineral group. Chemically, they are diverse enough for unique identification. The electron microprobe analyzer permits microchemical analysis of particles in the sublight microscopic size range. Analysis of asbestos body cores requires particle selection, extraction from tissue matrix, a suitable conducting substrate, proper coating material, selection of optimal instrumental operating conditions and comparison of unknown cores with known fiber standards. In this investigation, asbestos body cores have been analyzed from tissues obtained from occupationally exposed individuals (known fiber exposure), laboratory animals (known exposure) and individuals with no known occupational exposure. Cores of bodies have been analyzed as amosite, chryso tile, chemically degraded chrysotile and cores of undetermined nature. Amosite fibers as cores of asbestos bodies show no marked chemical degradation even after prolonged biologic residence, whereas chrysotile asbestos cores are markedly degraded. Cores of asbestos bodies from the general population, from individuals with no known exposure, may consist of degraded chrysotile, synthetic silicate fibers and, in some cases, amphibole asbestos. If you found any of these excerpts interesting, please read the studies in their entirety. We all owe a debt of gratitude to these researchers.

Read More

Mesothelioma Why you deserve compensation.

According to Wikipedia, the first lawsuits against asbestos manufacturers were in 1929. Since then, many lawsuits have been filed against asbestos manufacturers and employers, for neglecting to implement safety measures after the links between asbestos, asbestosis, and mesothelioma became known (some reports seem to place this as early as 1898). The liability resulting from the sheer number of lawsuits and people affected has reached billions of dollars.[46] The amounts and method of allocating compensation have been the source of many court cases, reaching up to the United States Supreme Court, and government attempts at resolution of existing and future cases. However, to date, the US Congress has not stepped in and there are no federal laws governing asbestos compensation."

Whichever way people want to look at it, the trauma of mesothelioma, (a cancer of the mesothelium), is not just an ordinarily problem. Like every cancer, it is a terminal illness and may kill the victim. Many others have made a case that the whole mesothelioma claims seeming boom has been abused but, again, even though abused, one can not run away from the untold hardship mesothelioma sufferers endure, therefore, compensation is inevitable. Mesothelioma lawyers of course think differently and I too believe they have a point.

Causes

All evidence points to asbestos of the causative factor of mesothelioma. It has been implicated in about 75-80% of cases in the United States alone. Asbestos can be inhaled or swallowed without immediate or noticeable effect.

Reasons why Victims should be compensated

The prognosis is very poor and survival is just about 6 to 18 months and many patients only receive conservative treatment in order to ameliorate the symptoms like pain and difficulty in breathing. Half of these patients on conservative treatment will die within 6months to 18 months which is an alarming mortality rate. So ultimately patients are only waiting for death.

Expensive treatment

Treatment is a combination of surgery, chemotherapy and radiation in some cases where possible. The cost implication of these treatments is overwhelming and a patient must have this treatment to at least have a relatively comfortable last days. It is inhuman to expect him or her to bear this burden when he must have been exposed to it at work. The financial and psychological issues require that a patient of mesothelioma needs to be compensated.

Government Corporations Negligence

For as far back as the 1990s, we have always known the dangers of asbestos. The scientific information warning of the dangers of asbestos were ignored by users of asbestos and even the government till date and workers who work with asbestos manufacturers are bearing the brunt. It is therefore immoral to expect them to bear the cost as a government is supposed to be responsible to its citizens. So victims are advised to hire a mesothelioma lawyer to help file claims.

Evelyn Tanner is a social worker who has worked with people who need help for 12 years and in these time has helped several people make the right choice of with support groups help to raise awareness of the problem. To see her page of some of the mesothelioma attorneys.

Read More

Mesothelioma law Texas now favors the petitioner

Exposure to asbestos is a reason for severe health hazard which ends in spreading of lungs cancer. There are some expensive medical treatment which may provide with necessary assistance but unfortunately as in all cancer cases, mesothelioma can only be controlled up to certain extent but can not be cured. Having assistance from the mesothelioma attorneys can be of some help in this respect.

Previously, the law relating to mesothelioma and claims relating to it was vague and inefficacious where by hiring some good lawyers any billionaire asbestos company could evade liability in court. In 2005 in Texas the mesothelioma law was changed with completely new set of amendments making it more humane and working towards the petitioner. More interesting point about is that unlike the laws in other state there is no limitation period to file the case. So, the patient himself or someone from his side may visit mesothelioma attorneys at any stage after the disease is diagnosed. But, the new mesothelioma Texas law focuses on another important aspect which was grossly overlooked in the previous Act. Previously, there was chance of filing indiscriminate cases by mesothelioma attorneys seeking monetary compensation for the client from the companies even when the company was not responsible for mesothelioma. This practice has been curbed automatically as the new mesothelioma Texas law comes with a mandatory cla use that all mesothelioma attorneys have to seek approval from State Department of Health before filing any mesothelioma compensation claim in Texas.

Another interesting point in this mesothelioma Texas law is that it lays down the provision that when asbestos exposure occurs, the worker will pay a visit to the doctor and seek medical assistance. The expenses for that medical assistance will be borne by the company if the patient does not afford the expense. The trial for any mesothelioma Texas case will take place in Houston.

Now seeking assistance from mesothelioma attorneys is always something useful as at first instance, no fee is to be paid but the fee will be charged when the case ends in successful settlement of claims, awarding compensation to the patient. So, it is better to conduct a small research over the internet regarding the practice area of the attorney and the number of cases mesothelioma attorneys have handled previously which ended in successful settlement. However, new mesothelioma Texas law favors the petitioner. As per provisions of the law court now try to settle the case. Yet, if it is found that the defendant, in this case billionaire companies causing asbestos exposure are not willing to settle the case then the court would favor the petitioner and get the case settled to his side.

But, the person who is entitled to file such case is a question of legal standpoint, as to which relation he comes to the patient or whether he has any legal right at all to file such case. However, though the mesothelioma Texas law favors the petitioner but petitioner must have the legal right to file the case too. So, it is advisable to find good mesothelioma attorneys whenever a case to be filed by the patient to find compensation.

The mesothelioma attorneys or the is the best help one can get to get mesothelioma attorney assistance to get your claim for Mesothelioma.

Read More

Understanding the Language in Your Personal Injury Lawsuit

If you've been seriously injured as a result of neglect by another person or a corporation or government entity and you're thinking about filing a claim, you've already figured out that you're in a specialized area, where the medical and legal terms are flying thick and fast. Some of the words you'll need to know will be specific to your injury and its consequences, but some legal terms show up in almost all personal injury claims. Here's a quick guide to the language you may hear from your lawyer and the expert witnesses.

Annuity

An annuity is a specialized investment which pays a guaranteed annual benefit. When a personal injury claim is resolved in favor of the plaintiff, the party responsible for payment may purchase an annuity as a means to assure that payment is made for the term of the settlement, often the lifetime of the plaintiff.

Class action

A lawsuit filed on behalf of a group, or "class" of people who have experienced similar injury, for example, on behalf of all women who were injured by using a certain contraceptive, or all users of a specific credit card which charged fees illegally. A class action may have the advantage of greater numbers, and in some situations it is the most useful way to proceed. Plaintiffs in a class action agree to accept the outcome, whatever it is. It's a "one size fits all" solution. Some drug and device attorneys prefer not to be part of class actions, and to work with individual clients, to insure that their clients' particular and unique needs are met in the settlement.

Contingent fee agreement

The usual arrangement for bringing a claim or a lawsuit against a large corporation. Your attorney does not require you to pay for his or her legal services up front, and agrees to be paid only if your claim is resolved successfully, either by negotiation or by trial.

Defendant

The person, corporation, or government entity against whom a claim is made, or who is being sued in a civil proceeding.

Life Planner

A serious injury from a drug or medical device can be a life-changing event. The rest of a person's life may be shaped by their impairments, medical expenses, and care needs. A skilled life planner is a person who can anticipate medical and other care needs, household accommodations, both in modifications of physical space and in staffing needs, impact on earning potential and life expectancy. The planner can assign monetary values to all of these, and draw up a plan for funding needs for the near term and the long term. Drug and device attorneys consult life planners and frequently use a life planner as an expert witness in developing a monetary settlement demand.

Negotiation

Many claims against pharmaceutical companies and device manufacturers do not go to trial. Instead they are resolved by negotiation, in which attorneys for the plaintiff and the company meet to see whether they can reach an agreement about the claim without the additional expense and delay involved in a trial. Your attorney should talk with you about the pros and cons of a negotiated settlement.

Plaintiff

That's you, the person who files the claim or institutes a lawsuit in court. Your attorney represents you, but you are the person whose name is on the claim. If the injured person is a minor, a parent or guardian is named as the plaintiff.

Settlement

A settlement is the voluntary resolution of a claim by attorneys for the plaintiff and the defendant with proceeding to a lawsuit. Most claims, and even most lawsuits, are settled before the court's final judgment. Many settlements are achieved just before a case goes to trial, because the defendant realizes that the plaintiff's attorney is serious, and that a trial may result in an extremely costly finding against it. Settlements achieved on the eve of trial, or after a trial has begun will often be entered into the trial record and approved by the presiding judge. This gives the settlement the force of law, so that the defendant's compliance can be enforced.

Read More

Examination Of Crocidolite Amosite And Anthophyllite Asbestos Fibers

Every year there are over 2,000 new cases of mesothelioma diagnosed in the United States because of asbestos exposure. This fact has been a major force behind the research aimed at better understanding the disease and someday finding a cure. One important study is called, Electron Miscroscopical Investigation of Asbestos Fibers by Arthur M. Langer, Anne D. Mackler, and Fred D. Pooley - Environmental Health Perspectives Vol. 9, pp 68-80, 1974. Here is an excerpt: Abstract - Examination of asbestos fibers by electron microscopical techniques enables the observer to distinguish among the fiber types by morphological and structural characteristics. Chrysotile asbestos fibers are composed of bundles of fibrils. Fibers are often curvilinear with splayed ends. Individual fibrils consist of a central capillary defined by an electron dense crystalline wall. With increasing time of electron bombardment, the capillary wall decreases in thickness, deforms, and is encapsulated in an electron translucent material. The chan ge in electron opacity is considered to be a product of structural disruption brought about by dehydroxylation due to electron radiation. A well recognized sequential deformation pattern may be used for identification purposes. Amphibole fibers tend to be straight, splintery, and electron-opaque, although curved fibers are occasionally observed. Diffraction contrast figures are visible as dark bands moving parallel and at right angles to the fiber axis. Crocidolite forms the shortest and thinnest fibers, followed in size by amosite and anthophyllite. Size distribution characteristics of the amphibole fiber types are different. The selected area electron diffraction pattern for chrysotile is unique. Reflections range in forms from streaked to arcuate. Reflection intensity and shape are related to the degree of openness of the fiber bundle and the extent of physical degradation of the fiber. The amphibole asbestos fibers possess diffraction patterns having similar characteristics prohibiting individual identifi cation. Microchemical analysis is required for identification in such cases. A discussion of the industrial hygiene threshold limit values for ampliphibole asbestos fibers is presented. The discussion is based on their differing size distribution characteristics.

Another interesting study is called, Comparison of alveolar and interstitial macrophages in fibroblast stimulation after silica and long or short asbestos by Adamson, I.Y.R. ; Bowden, D.H. University of Manitoba, Winnipeg - Journal Volume: 5:5; Conference: 75. annual meeting of the Federation of American Societies for Experimental Biology (FASEB), Atlanta, GA (United States), 21-25 Apr 1991. Here is an excerpt: Pulmonary fibrosis in response to particles has been attributed to secretion of fibroblast growth factors (FGF) by alveolar macrophages (AM). However, since fibrosis is interstitial and is associated with particle retention by interstitial macrophages (IM), the authors have now compared the secretory activity of FGF by rat alveolar (AM) and interstitial macrophages (IM) in response to silica and to long or short asbestos fibers. AM were obtained by broncho-alveolar lavage, and IM by collecting macrophages that migrate from explants of a previously lavaged and perfused lung. Isolated Am and IM from fib rotic lungs, 6 weeks after instilling silica, secreted equal amounts of FGF. Six weeks after giving short asbestos fibers in vivo, lavaged AM secreted FGF in vitro, but there was no change in fibroblast growth and no fibrosis in vivo. After giving long fibers, which reach the interstitium, isolated IM secreted FGF and collagen levels were increased in whole lung. When macrophages were isolated from normal rats and exposed to particles in vitro, Am and IM supernatants contained equal amounts of FGF. The results show that these macrophage populations respond equally to particles with respect to FGF secretion. The fibrotic reaction seen in vivo is likely due to the close proximity to fibroblasts to particle-laden macrophages within the interstitium allowing more efficient transfer of growth factors.

If you found any of these excerpts interesting, please read the studies in their entirety. We all owe a debt of gratitude to these researchers.

Read More

How To Negotiate With A Private Investigator

In a perfect world, you could hire the best possible private investigator without having to worry about the price tag. But unfortunately, you've got to worry - worry about getting taken by someone who's dishonest, greedy, or prone to miscommunication. What's the easiest way to have a successful negotiation with a private investigator?

Getting both parties to agree to terms well in advance is the quickest and cleanest way to save your time and money. So search for information about invoices and billing. Most private investigators work on retainer. This means you'll pay a certain amount of money up front, and they'll go to work, charging their hourly rate along with disbursements like travel that they might come across while working. Once these expenses reach the amount of the retainer, they'll make a written report with their expenses and their findings, giving you the option to increase the retainer or close the case.

Is there a cap on your expenses? All of this stuff should be on a written contract so that there aren't any misunderstandings, and the contract should be written in simple, easy to understand language - if they're hesitant to walk you through the contract, it's a good sign you shouldn't work with them. Also, they should be able to work on a retainer that's refundable if you aren't fully satisfied with the results.

If they work differently, find out what their variation is, and whether it's good for your bottom line.

Find out whether they take credit cards, and if so, whether they bill discreetly or not. If you're in the middle of a divorce, investigator charges showing up on your bills can create some obvious conflicts. And dealing in cash is quick and effective, but it doesn't leave you with anywhere to go if the service isn't satisfactory.

Remember to ask whether they're bonded and insured. Even the best private investigators might have to make a claim on their insurance, but they should be able to provide an explanation if you ask for one.

Don't just pick the cheapest gumshoe in town, either. If you want an investigator that's credible, you'll need to think logically. And who costs more? A guy who charges $30 an hour and doesn't deliver anything in return, or someone who charges three times and much and completes the investigation within a week? When you're looking for an investigator, especially in this economy, you should call around and compare the rates of a handful of investigators so you can find out an average rate.

Read More