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Mesothelioma and the World Trade Center

Following the collapse of the World Trade Center in New York there was a layer of dust and debris over Manhattan which was full of asbestos, mercury, fiberglass and other carcinogenic particles.

According to the Natural Resources Defense Council 300 to 400 tons of asbestos fibers were used to construct the World Trade Center. Now many people are displaying symptoms of mesothelioma having inhaled those particles and no one really knows how many more will go on to have this fatal disease.

By 2012, 1,187 of those who were present at the World Trade Center on the day of and after the attacks had been diagnosed with cancer and by 2015 that figure had more than doubled. However, given the latency period for mesothelioma which can range from 11 years post exposure up to 20 or even 50 years, no one yet knows how many sufferers there will be

If you have been diagnosed with any an asbestos related disease, you may be entitled to monetary compensation. To find out how we can help you recover for your asbestos related claim, contact the Law Office of Brayton Purcell, LLP at (800) 598-0314 immediately, or contact us online for a free consultation.

Mesothelioma lawsuits

Every year, thousands of people across the United States are diagnosed with mesothelioma due to working with asbestos and they and their loved ones may be able to file an asbestos personal injury lawsuit and recover significant damages.

The lawsuit could be filed either against the company that the person was working for, or the company that manufactured the item with asbestos or an insurance company or an asbestos personal injury victims’ trust fund which is in place for companies that have stopped trading or become bankrupt.

Mesothelioma will usually become apparent up to 40 years after exposure and many states allow people to wait for up the five years after diagnosis to file a lawsuit, but in California you only have one year, so you need to move quickly. If a spouse or relative has died from the disease, then the heirs usually have between one and three years after the death the file a claim for wrongful death.

If you have been diagnosed with any an asbestos related disease, you may be entitled to monetary compensation. To find out how we can help you recover for your asbestos related claim, contact the Law Office of Brayton Purcell, LLP at (800) 598-0314 immediately, or contact us online for a free consultation.

Boilermaker Awarded $7 Million in Mesothelioma Lawsuit

A boilermaker who worked for Southern Pacific Railroad has been awarded nearly $7 million in a mesothelioma lawsuit by an Alameda County jury.

Jeffrey Emerson worked for the railroad for more than 20 years and was often exposed to asbestos. He was diagnosed with malignant mesothelioma in 2013 and died seven months after the initial diagnosis. His widow, Karen, sued Union Pacific Railroad Company, which by then had merged with Southern Pacific Railroad. After a trial lasting six weeks the jury awarded his widow $6,951,000.

Jeffrey Emerson was deceased by the time the case came to trial but he had a deposition stating that he was exposed to asbestos not only in his day to day job but also he was close to other workers who had asbestos on their clothes. Evidence was also provided to show that the company had not complied with asbestos regulations after they were introduced and the dangers were known.

The jury awarded Mr. Emerson’s family $451,265 for economic damages and $6.5 million for his pain and suffering.

If you have been diagnosed with any an asbestos related disease, you may be entitled to monetary compensation. To find out how we can help you recover for your asbestos related claim, contact the Law Office of Brayton Purcell, LLP at (800) 598-0314 immediately, or contact us online for a free consultation.

What Happens if Mesothelioma Is Left Untreated?

When people are first diagnosed with mesothelioma, they have to make the decision whether or not to have treatment, given that the treatment can rarely totally destroy the cancer.

For those who decide to let nature takes it course, most mesothelioma develops rapidly although a few due have a slower growing form of the disease. However, even a slow growing type can suddenly speed up and spread rapidly.

If diagnosed with mesothelioma, those who live longer tend to be female, younger and in good health but in almost all cases those who turn down treatment will not live as long as those who have treatment.

Those diagnosed at the very early stage, stage 1a live on average two years without treatment and those who have aggressive surgery usually live over three years.

There are few studies as to how long those without treatment do survive as most people opt for some form of intervention although one study looked at survival rates of 238 cases which were diagnosed between 1977 and 2009 when the average survival rate for untreated patients was 6.4 months and those who had been treated was 11.3 months.

If you have been diagnosed with any an asbestos related disease, you may be entitled to monetary compensation. To find out how we can help you recover for your asbestos related claim, contact the Law Office of Brayton Purcell, LLP at (800) 598-0314 immediately, or contact us online for a free consultation.

Those Most at Risk of Mesothelioma Reject New Bill

When it comes to the fatal disease mesothelioma, those Americans greatest at risk are veterans, first responders and teachers.

Veterans make up only eight percent of the U.S. population but account for a third of those suffering from mesothelioma. Navy veterans especially are at risk of the disease, as they spent decades exposed to asbestos on board ships and in shipyards.

According to research by the National Institute for Occupational Safety and Health, when it comes to firefighters and teachers, they are twice as likely as the general American public to be diagnosed with mesothelioma.

Teachers are affected as most schools built before 1980 contain asbestos with more than 50 schools in 13 states, including California, having reported possible asbestos exposure over recent months.

Organizations which represent these groups oppose the proposed FACT Act which will mean that the funds set up to compensate victims of mesothelioma and other asbestos linked diseases will have to spend much more time and effort to comply with the bill, meaning claims processing and paying victims will slow down, and funds will become more scarce.

In addition, the bill would states victims’ personal information, including medical information and partial Social Security numbers be made public putting them at risk of identity theft.

If you have been diagnosed with any an asbestos related disease, you may be entitled to monetary compensation. To find out how we can help you recover for your asbestos related claim, contact the Law Office of Brayton Purcell, LLP at (800) 598-0314 immediately, or contact us online for a free consultation.

Appeal Court Upholds Workers’ Compensation ruling for Mesothelioma

A court of appeal in California has ruled that the only option for remedy for the family of a man from California who died from mesothelioma is workers’ compensation.

Lario Melendrez died in 2011 of mesothelioma having worked at Ameron International Corp. from 1961 to 1985 based in Pasadena, California. His wife and children filed a wrongful death lawsuit against Ameron arguing that he was exposed to asbestos not only at work but due to waste material that Ameron permitted him to take home for personal projects.

The Los Angeles Superior Court ruled in favor of Ameron in 2014, finding that Mr. Melendrez’s death was indeed work related since he only received the waste due to his employment at Ameron, and stated that the only remedy was workers’ compensation.

Mr. Melendrez’s family appealed stating that working at home in his own time, even though the waste was supplied by his employer should not be covered by workers’ compensation but the appeal failed.

The three judges did not deny that Melendrez’s exposure to asbestos during his employment with Ameron substantially contributed to his mesothelioma, but upheld that workers’ compensation should cover the mesothelioma.

If you have been diagnosed with any an asbestos related disease, you may be entitled to monetary compensation. To find out how we can help you recover for your asbestos related claim, contact the Law Office of Brayton Purcell, LLP at (800) 598-0314 immediately, or contact us online for a free consultation.

Check for Asbestos Damage to Lungs

Anyone who thinks they were exposed to asbestos during their working career especially if they worked in a power plant or in the navy, oil refinery, motor parts manufacturing or any other industrial center should ask their physician for an annual x ray to check whether there is any evidence of asbestos damage to their lungs.

Mesothelioma can take up to fifty years to show the first symptoms which are usually shortness of breath, pain in the chest or abdomen, a cough and weight loss. The symptoms can come on very quickly and if you were working first in the 1950’s, 1960’s, or the 1970’s, in one of the risk professions then it is worth having a checkup.

Those who are diagnosed with mesothelioma are usually first diagnosed as having pneumonia with an average age of 72 therefore having checks before that age can help the victim undergo treatment much earlier. Some states have a higher incidence of mesothelioma, including Maine, Massachusetts, Connecticut, Maryland, New Jersey, Pennsylvania, Ohio, West Virginia, Virginia, Michigan, Illinois, Minnesota, Louisiana, Washington, and Oregon but the disease is also diagnosed in other states across the country.

If you have been diagnosed with any an asbestos related disease, you may be entitled to monetary compensation. To find out how we can help you recover for your asbestos related claim, contact the Law Office of Brayton Purcell, LLP at (800) 598-0314 immediately, or contact us online for a free consultation.

Levels of Asbestos at Work Still too High

According to a recent study, guidelines issued by the Occupational Safety & Health Administration (OSHA) as to the levels of asbestos which were acceptable at work were often ignored in the first 10 years of this century.

A team of work related toxicologists checked the OHSA databases and showed that on thousands of job sites, the concentration of asbestos was over the allowed levels across the whole country. Although concentrations of asbestos have declined over the last 30 years, the study found that in some industries the levels of airborne fibers were still over the Permitted Exposure Limit up to as late as 2011. This was especially the case for the worst offenders which were shipbuilding, chemical, manufacturing, auto repair, petroleum, rubber and construction industries.

These findings go some way to explaining why the National Cancer Institute has said they anticipate around 55,000 new cases of mesothelioma in men over the next 40 years even though the use of asbestos has supposedly declined rapidly over the past 35 years.

If you have been diagnosed with any an asbestos related disease, you may be entitled to monetary compensation. To find out how we can help you recover for your asbestos related claim, contact the Law Office of Brayton Purcell, LLP at (800) 598-0314 immediately, or contact us online for a free consultation.

California Asbestos Related Lawsuits Must Have Relationship With the State

More and more plaintiffs suffering from asbestos related diseases, or their families, have been flocking to California since 2000 where they think the jury verdicts will be much larger and the laws are more favorable to their cases.

However, to prevent their cases being thrown out of court they have to have one or more defendants in the lawsuit who are based in California. The courts have now ruled that if it can be proved that the California defendant really has nothing to do with the case then the case cannot be heard in California. The ruling was issued in the case of David v. Medtronic, Inc., when the only connection to the state was a local physician and the 36 plaintiffs lived out of state and named Medtronic and Wyeth companies, none of which were in state either. The court dismissed the claim and the dismissal was upheld on appeal.

Although this was not an asbestos case, David will have a major impact on asbestos litigation, in which individual cases frequently have many defendants, with only a few being subject to jurisdiction in California. The David decision takes away from plaintiffs a means to have cases tried in California which are not connected with the state.

If you have been diagnosed with any an asbestos related disease, you may be entitled to monetary compensation. To find out how we can help you recover for your asbestos related claim, contact the Law Office of Brayton Purcell, LLP at (800) 598-0314 immediately, or contact us online for a free consultation.

Woman Awarded $13 Million for Mesothelioma From Talcum Powder

On Tuesday, May 5, a jury in Los Angeles awarded $13 million in damages to a woman who contracted mesothelioma from talcum powder.

Lawyers for 73 year old Judith Winkel, who was diagnosed in January 2014, said she contracted the disease from using Cashmere Bouquet talcum powder, which contained asbestos and is manufactured by Colgate Palmolive Company who are based in New York. The jury upheld the claims saying that Colgate was 95 percent responsible for Judith Winkel’s mesothelioma, which is a fatal lung disease.

Her lawyers went on to say that the company knew or should have known about the dangers of asbestos since the 1930s.

Having deliberated for two hours the jury found in Winkel’s favor for all 21 verdict questions. They also found that Colgate Palmolive acted with malice.

A Colgate Palmolive spokesman said that the company was disappointed with the verdict.

If you have been diagnosed with any an asbestos related disease, you may be entitled to monetary compensation. To find out how we can help you recover for your asbestos related claim, contact the Law Office of Brayton Purcell, LLP at (800) 598-0314 immediately, or contact us online for a free consultation.