Mesothelioma victim fighting for compensation

A former mill worker employed at a paper mill in Camas, Washington, has been awarded $10.2 million in compensation after developing mesothelioma, a rare but aggressive form of cancer. However, an appeal is expected, delaying the compensation. The man, Henry Barabin, worked in Camas for 16 years, and during his time at the paper mill his work involved him cleaning an asbestos ribbon with compressed air. At the time, the mill was operated by Crown Zellerbach, but is today run by Georgia Pacific.

Barabin was diagnosed in 2006. Mesothelioma is nearly always caused by exposure to asbestos, a mineral fiber widely used in construction and manufacturing. While average Americans did not know about the health risks associated with asbestos exposure until the 1970s, there is evidence that companies using the material may have known about the risks for decades prior to that, but did nothing to protect their workers.

According to Barabin's lawyer, James Nevin, "Asbestos is very strong, durable. The problem is, those same propensities - it has them when it is inhaled into your body. People like [Barabin], who were exposed years ago, are still going to be developing diseases, because they are such long-latency diseases. Most doctors don't know to even ask about history of asbestos exposure. [At-risk workers] need to be assertively telling their doctor, 'I need to be monitored for this.'"

"They [the company] knew in the 1920s that asbestos dust released from products was causing asbestosis," he added. "They knew in the '30s that it was causing lung cancer. And by 1960 they knew it caused mesothelioma."


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Mesothelioma-causing asbestos released in fire

A leisure center in Aberafan in the United Kingdom has been badly damaged by fire. In addition, the fire released carcinogenic asbestos material, making the site doubly dangerous. The center, called Afan Lido, was most badly damaged in the pool area, and parents have been told to keep their children far away from the center to minimize exposure to any airborne asbestos in the immediate vicinity. Previously encapsulated asbestos was exposed during the December fire, which took place in a small Welsh community. The fire is believed to be accidental, and took over 100 firefighters to extinguish.
Neath Port Talboths chief executive Steve Phillips said, “All the pool features, ceiling and fixtures have been destroyed. Previously sealed asbestos has been exposed in the pool area and the fire debris appears contaminated. Further structural assessments will take place after Christmas, when the council will have further technical information available, in order to consider the future options for the Afan Lido structure.”

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Mesothelioma Lawyers

Deciding to pursue legal recourse and selecting an attorney to represent you in a mesothelioma or asbestos lawsuit are important decisions that should be made carefully. I have seen some families receive $500,000 and others be awarded nearly $30 million. I have seen some lawyers reject a case only to have another firm accept it and make a big success of it. And I have seen some families wait nearly three years to receive their first check while others received large checks within three months of filing a claim. The main reasons for these differences are the facts of the patient's situation and the law firm chosen.

The Facts of Your Situation
Some mesothelioma patients know they worked around asbestos, but many do not know how they were exposed or how often. In fact, many people are not sure if they were ever near this carcinogen. Unfortunately, there have been thousands of products that contained asbestos - cigarette filters, hair dryers, brakes, basement and roof materials, pipes, boilers, insulation, and many other products found throughout the home and at work. If you were diagnosed with mesothelioma it is more than likely that you were exposed to asbestos multiple times in your life and that this happened decades before your diagnosis.

In general, the value of your case depends on how many asbestos containing products you were exposed to, the number of identifiable defendants that still exist (many have declared bankruptcy), your age and earning capacity. And the speed of your case can depend on a number of variables including the state where you worked and lived when you were exposed to asbestos.

The Law Firm You Choose
When you have been given the news about this terrible disease, you may not feel that you have the time to deal with the legal questions - Should I talk to a lawyer? Should I file a claim?

However, you should not wait too long to learn about your legal rights for at least three reasons:
Statutes of Limitations - There are statute of limitations which means you only have a limited time to file your case after diagnosis. The statute of limitations time period is set by individual states and varies. The clock usually starts ticking on the day of diagnosis.

Financial Pressure - A mesothelioma diagnosis can bring financial stress, less income, more expenses, and treatments that are not covered by insurance. Knowing that money may be on the way from filing a claim can bring financial relief.

Lawyers Can be Excellent Resources - The more experienced mesothelioma lawyers and law firms can often be excellent sources of information about various doctors and treatment options available for this disease.

But, picking a lawyer is serious business and you should not use TV ads as the reason to hire an attorney. Actual credentials are what counts. For example, what type of accomplishments has the law firm achieved? How committed are they to mesothelioma/asbestos cases? Are these cases a substantial part of their practice or just a small piece? How many other cases like yours have they handled?

Also, make sure you understand the fees being charges. Contingency is the term that means that the lawyer gets paid only after they collect money for you. The amount of the contingency fee that your lawyer can charge varies and is usually between 33% and 40%. It is important to discuss fees openly, ask what services they cover, how they are calculated, and whether there will be any extra charges.

Finally, for something as important as a mesothelioma lawsuit, your attorney should not only be experienced, skilled, and dedicated, but also a trusted partner who understands that your health needs always take precedence. The best lawyers are those that are not only expert at what they do, but are also caring, supportive, thoughtful and compassionate.

Below are two mesothelioma law firms that have impressed us with their accomplishments, successes and testimonials. If you are in another state, call us at 1-619-599-3112 and we can share with you the names of reputable mesothelioma law firms in your region.

California
Paul & HanleyIf you are a resident of California and were diagnosed with mesothelioma please call Jerry Neil Paul of Paul & Hanley. Paul & Hanley has garnered many of the most significant California verdicts and they are dedicated to helping victims of mesothelioma. Call: 1-800-281-9804.

Midwest
The Maune Raichle Law FirmWould you like free information on mesothelioma or legal representation? If you or someone you know has mesothelioma and lived or worked in the Midwest, call The Maune Raichle Law Firm or visit our website. We handle only mesothelioma cases. Call us at 1-800-358-5922.

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Frank Schenk

Frederick Schenk, a senior partner of the firm, has been practicing law for over 28 years. In 1996, he was selected by San Diego Magazine as the best asbestos attorney in San Diego and obtained the largest verdict ever against an asbestos manufacturer in the County of San Diego.

In 2005, the San Diego Daily Transcript ranked him as one of the Top 10 lawyers in San Diego, and was again recognized as a top lawyer in 2007. Since 2005, he has been honored by being listed in Woodward and White’s “Best Lawyers In America”. In addition to his successful mesothelioma litigation practice, Mr. Schenk has tried and litigated numerous product liability, automobile collision, premises liability, F.E.L.A., maritime, and other serious personal injury cases. He also participated with other partners of Casey Gerry in representing Governor Gray Davis achieving the nation’s largest settlement against the tobacco industry; a settlement on behalf of Californians of over $25 billion. He is a past recipient of the Outstanding Trial Lawyer
Award presented by the Consumer Attorneys of San Diego, for having received the largest ever asbestos personal injury verdict in San Diego County.

His unique knowledge in the area of automobile collision litigation was also recognized when he was selected as a consulting editor for Matthew Bender’s Legal Publication, "Pleading and Practice Vol. 8", on Automobiles. In addition, he is co-author of LexisNexis Publishing’s, "California Automobile Collision Handbook," first published in 2000 and updated yearly.

In 1994, Mr. Schenk was elected by his peers to serve as president of the Consumer Attorneys of San Diego. In 2006, he served as the president of the Civil Justice Foundation, a Washington D.C. based non-profit organization which raises money and grants funds to consumer groups that assist people throughout the United States. He was vice president of the 22nd District Agricultural Association (Del Mar Fairgrounds) in 2006, having served on the fair board between 2002-2006.

Between 2000-2002, Mr. Schenk served as president of the Lawrence Family Jewish Community Center of San Diego. Raised in Los Angeles by immigrant parents, Mr. Schenk speaks fluent Hungarian. In his spare time, he likes to travel with his wife Shari and their three children. He is a devoted Padres baseball fan and enjoys playing racquetball.

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San Diego Mesothelioma Lawyers

Although there is currently no San Diego mesothelioma attorney based in the city, you can contact asbestos attorneys nationwide. This is because an asbestos lawyer can advice you, file a mesothelioma lawsuit and get you substantial asbestos settlement payout from any state in the country. This gives mesothelioma sufferers more choice and flexibility before appointing a law firm, enabling them to compare services, legal fees and customer service of different law firms throughout the country.

You need to have questions prepared before contacting asbestos cancer lawyers, such as those listed here. Questioning and talking to attorneys will enable you to assess their mesotheliomal lawsuit and trial experience, resources as well as customer service. You should expect law firms to provide you with prompt answer to all your concerns and questions. Expect an experienced mesothelioma lawyer to give you sound advice on treatment and provide you with a solid legal litigation action framework upon which to base your mesothelioma claim.

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Mesothelioma Attorneys

Mesothelioma attorneys are ready and available to assist you with your mesothelioma lawsuit claim. If you have ever been exposed to asbestos and have been diagnosed with mesothelioma, you may be eligible for a lawsuit claim. Contact a LawInfo Lead Counsel qualified mesothelioma attorney today.

As the U.S. Senate considers a bill to protect companies from lawsuits brought by hundreds of thousands of Americans harmed by asbestos, the first-ever analysis of federal mortality records finds that 10,000 Americans die each year from asbestos exposure, and projects that up to ten times that many will die in the next decade.

Although many Americans believe that asbestos has already been banned and its victims have been compensated by the courts, the EWG Action Fund study reports that 30 million pounds of asbestos are used in the U.S. each year, lists dozens of widely-used consumer products that still contain it, and says more than one million workers are exposed every year. Are you one of them?

In 1991, the U.S. Fifth Circuit Court of Appeals overturned what was commonly known as the "Asbestos Ban and Phaseout Rule of 1989." Consequently, scores of asbestos products remain on the market today. The 2001 Mineral Commodity Summary for Asbestos from the U.S. Geological Survey (USGS) reported 61% of the asbestos used in the United States (in 2000) was in roofing products, 19% in friction products, 13% in gaskets, and 7% was classified as "other."

Despite the court's actions, a short list of products still remain banned under the Toxic Substances Control Act (TSCA) and the Clean Air Act. These include: corrugated paper, rollboard, commercial paper, specialty paper, flooring felt, sprayed-on materials containing more than one percent asbestos, and all new asbestos applications are banned.

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Mesothelioma Lawyer in San Diego

A San Diego asbestos lawyer gives an overview on
asbestos disease and mesothelioma litigation

End Mesothelioma Legislation Finally Passes Senate!

Since the early 1920s, asbestos has been the heat insulation material of choice. The most widespread use of asbestos was for insulation aboard Navy ships, in commercial buildings and homes. Asbestos litigation and mesothelioma litigation has demonstrated that asbestos was used for pipe covering, roofing, wall insulation, siding, flooring and the insides of boilers. Automobile manufacturers used asbestos in brake pads and clutch plates, and NASA used in it the space shuttles. Asbestos lawsuits represented by Casey Gerry's San Diego asbestos lawyers have established that, asbestos was used for decades in the insulation of naval ships in San Diego, at the NASSCO shipyard as well as at the 32nd Street Naval Shipyard, exposing both military and civilian personnel to this highly dangerous fiber.

Asbestos-related diseases include asbestosis (a fibrotic lung condition), mesothelioma (a cancer of the surface linings of lung or abdomen tissues), and lung cancer. Symptoms of these diseases often do not appear for 15 to 40 years or more after asbestos exposure. Long before its effects are detectable, irreversible asbestos-related injury has already occurred.

Mesothelioma is a fatal cancer whose single most prevalent cause is asbestos exposure. It is a neoplasm that grows from the serosal lining of the pleural, pericardial and peritoneal cavities, and accounts for about 1% of all cancer deaths in the world. It can strike individuals who have had very limited exposures to asbestos. Actor Steve McQueen, who had spent only a single a summer working around asbestos, developed mesothelioma, and died from it. When a person is diagnosed with mesothelioma, one may have a very short time to live.

Death in the air
Asbestos materials can break down into a dust of microscopic size fibers. If inhaled or swallowed, the fibers can remain in the body for many years and cause severe asbestos-related diseases. Our San Diego mesothelioma lawyers have shown that there is no safe level of asbestos exposure. It remains the most widespread causes of industrial disease in history.

An estimated 1.3 million employees in construction and general industry still face significant risk of asbestos exposure on the job. Heaviest exposures occur in the construction industry, especially during removal of asbestos for renovation or demolition. Construction workers throughout Southern California have contracted asbestosis and mesothelioma. Through asbestos and mesothelioma litigation, Casey Gerry's San Diego asbestos attorneys have established that these fibers present a significant danger to anyone exposed, and asbestos is highly regulated by OSHA and the EPA. All new uses of asbestos have been banned in the U.S.

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