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Madison County Mesothelioma Law Blog

Could a new test provide earlier detection of mesothelioma?

Mesothelioma is an aggressive and devastating illness. The cancer surrounds vital organs and, by the time it is detected, it has often spread so far that it can no longer be addressed with surgical intervention.

Mesothelioma is difficult to diagnose. It has many symptoms - like shortness of breath, tiredness or chest pain - that are common to less serious diseases. Since the disease is relatively rare (it is only caused by exposure to asbestos fibers) doctors don't often identify it as a possibility until other options have been ruled out. By then, the cancer has spread even further.

U.S. still a major importer of asbestos for industrial use

With all the attention that has been paid to asbestos-related diseases such as mesothelioma, it would be logical to assume that products containing asbestos are no longer available in the United States. While many countries around the world have banned asbestos, the U.S. is not one of them. In fact, while more than four dozen nations have banned the mineral, the United States imported more than 2 million pounds of asbestos in 2012 -- all of it from Brazil.

According to people who track asbestos-related illnesses, an average of at least 30 people in the U.S. and nearly 300 around the world die every day of asbestos-related causes. While the U.S. is a major importer of asbestos, it is produced mainly in Russia, China and Brazil.

Legislation could delay asbestos lawsuits in some states

Mesothelioma and other asbestos-related illnesses are devastating to the people who receive such a diagnosis. In many cases in Illinois and in other states, time is of the essence when it comes to filing a lawsuit against businesses that have exposed people to asbestos.

However, some states have seemed to come down on the side of businesses in these cases, making it more difficult for potential plaintiffs to file lawsuits over their asbestos-related illnesses. The most recent example is in Wisconsin, where a state representative has introduced legislation that would require attorneys to divulge all of the companies that are being sued before the case to proceed.

Mesothelioma suit moved from local court to federal jurisdiction

When someone is diagnosed with an asbestos-related illness such as mesothelioma, it is usually devastating news. In some cases, the ill person may not have realized they even had any exposure to asbestos, at least directly. This seems to be the case with a West Virginia woman -- who has since died -- in a lawsuit that alleges her mesothelioma was brought on via asbestos exposure in two ways: from the remodeling of her home as well as from fibers her husband inadvertently brought home from his job.

It is uncertain how the suit will be decided; it was just moved from a county circuit court to federal court. There were multiple defendants originally but several of them had their claims dismissed or settled them out of court. One of the remaining defendants is one that the plaintiff alleged made products containing asbestos that were used in the renovation of her home.

Building executives plead guilty to asbestos-related crimes

Despite extensive documentation regarding asbestos and the dangers it presents, there are still individuals and companies that attempt to skirt the strict laws that are in place to protect workers and the public at large. Such a situation recently played out in California, where three executives with a now-out-of-business builder pleaded guilty in federal court to violating the National Emissions Standards for Hazardous Air Pollutants by exposing workers to asbestos.

The nonprofit company was renovating a career training center that was known to have asbestos. Rather than going through the proper channels and hiring properly trained workers, the company used several high school vocational students to do the work of removing the dangerous substance.

Aging arena to be target of asbestos-exposure lawsuits

With the recent trend in professional sports to discard older facilities in favor of new ones, most professional sports facilities have either been replaced or renovated in the last 25 years. Even venerable institutions such as Yankee Stadium have been torn down and replaced with newer versions. In the National Hockey League, Brooklyn's Barclays Center, a facility that opened last fall, is poised to become the home of the New York Islanders starting in the fall of 2015.

For now, however, the Islanders play their games at the Nassau Veterans Memorial Coliseum on Long Island. The facility, which opened in 1972, is regarded as perhaps the worst in the NHL due to its age, limited amenities and lack of luxury boxes. And now it appears that many workers at the facility may have developed lung cancer or mesothelioma from exposure to asbestos in the facility.

University has no plans to renovate asbestos-filled building

As we have written about many times on this blog, exposure to asbestos is a frequent cause of a particular type of cancer known as mesothelioma. It can be contracted by people who have spent extended periods of time around asbestos, such as in a shipyard, or even by people who have a spouse or family member who could have brought home asbestos fibers on their clothes.

Despite public awareness of the dangers of asbestos, it remains in many older buildings around the United States. When the parts of an asbestos-laden building are renovated or removed, caution is taken to remove it safely and not contaminate the area. However, many people are still understandably nervous when it comes to pass.

State considers stricter labeling of asbestos-containing products

To many people, asbestos might seem like a thing of the past. While thinking about its use might conjure thoughts about diseases that can develop from asbestos exposure -- such as mesothelioma -- most people might think that it is a problem that is unlikely to be encountered today. Unfortunately, this is simply not true.

Many buildings constructed before tighter standards on asbestos very frequently have large amounts of the substance in walls and floors. In many cases, building owners elect to leave the asbestos in place rather than remove it, provided there is not major renovation taking place. This could be a safer alternative as long as the asbestos is well-secured where it is.

Legislation could alter the structure of asbestos trust payments

People who have developed mesothelioma or another serious lung disease as a result of exposure to asbestos know that it can be a long road toward getting compensation -- and in some cases, satisfaction may not come until after the ill person has passed away. That's why it is all the more frustrating when there are accusations that money set aside for victims of asbestos exposure is not being adequately safeguarded.

There are more than three dozen bankruptcy trusts that were set up to pay money to people affected by products the company was responsible for. They were put into place to allow people to be compensated and permit the companies to still operate. However, there are rumblings in Congress to have more oversight over the trusts because some people think there is too much fraud in the system.

Widow files mesothelioma suit after death of plumber husband

A woman has filed a wrongful death lawsuit on behalf of her late husband, whom she said died in 2011 as a result of mesothelioma. The woman is suing the plumbing company that employed her husband for several years. The woman originally filed a suit against dozens of companies a month before her husband died, but that suit has since been disposed of.

The man, who was 83 when he died, had multiple dangerous jobs: he also worked as a firefighter for more than 30 years. However, it is the plumbing company that is the focus of his widow's lawsuit. In fact, the incidents in question happened so long ago that the original company no longer exists in the same form. While the company has been in business in some form for about 90 years, the current business only came into being in the mid-1980s.

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