Injury lawyer claims asbestos victory
Many became terminally ill after their jobs at the firm brought them into close contact with the dangerous substance. The families of workers at the factory were also put at personal risk through contact with contaminated workers, in addition to facing the pain of losing loved ones.
The case has been ongoing due to the slow appearance of the effects of working with asbestos, which can manifest themselves years later in the form of aggressive cancers.
The latest twist in the rollercoaster trail of legal successes and setbacks comes with this month’s test case judgment defeating insurers, who were reluctant to validate ongoing payouts to ill workers. “It is a milestone. I feel enormous relief for the families involved,” said Mr Hankins, consultant to Rowcroft solicitors AES Winterbothams.
“This is probably one of the most aggressively fought areas of injury and disease in my professional life,” he said.
“This is also a very important case for Stroud as the lead defendant insurer was BAI and six test case victims defeated the insurers.”
Mr Hankins maintains that the insurer, BAI, had gone along for years with the payouts to the ex employees of Fibrecrete, before arguing in 2007 that the payments should only begin once symptoms of the associated diseases began to manifest themselves.
For many victims, diseases such as mesothelioma and lung cancer which are caused by exposure to the dangerous asbestos particles do not develop until up to 30 years after the original contact, by which point the majority of insurance policies would have expired.
Luckily after 6 weeks of arguing, the High Court found in favour of Mr Hankins and the ex employees of Fibrecrete.
“If they’d won there would have been nothing more disappointing than finding that, after working through a case with either a very ill person or a widow, that there was no insurance policy to pay out their compensation,” Mr Hankins said.
“These men are totally innocent but die dreadful deaths with these illnesses. There are also the wives and daughters who washed their clothes for them and inhaled the asbestos particles. These women had not done anything wrong and yet they too are deprived of their health.”
Mr Hankins, who said he came into his profession on a vocation to “right all wrongs”, expects asbestos cases to peak in about 2015.
“During the test case litigation BAI admitted that over the last two years they had rejected 284 fatal mesothelioma claims, whose f families are consequently still awaiting compensation averaging £125,000 each, which is a total of a staggering £35.5 million,” Mr Hankins said.
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Things You Can Do to Prevent Mesothelioma and Asbestos Cancer.
Working in a company which uses asbestos is not safe. Looking for alternate employment would be the safest option. The companies have asbestos related safety precautions and one can ensure they are being followed. The commonly seen jobs that pose the highest risk of mesothelioma are:
1-Insulation manufacturing and installations.
2-Mining
3-Railroad workers
4-Workers in the factories
5-Asbestos manufacturing companies
6-Ship yard workers
7-Automotive repairs
8-Manufacturers of gas masks
Many old homes contain traces of asbestos. If you suspect your home to contain materials made of asbestos they can be tested in the laboratory. There are agencies dealing with asbestos removal and they can be contacted for removing asbestos from your home. Though it can be done by yourself it is safer to let an asbestos abatement or removal contractor perform the procedure.
Asbestos that is not disturbed is not considered a health hazard. But if there is flaking, friable ceilings and plumbing and if the building is built before the 1980s then there are chances that they contain asbestos and have to be removed safely. Public buildings like schools, office buildings, libraries, theatres etc are all prone to this hazard. The problem should be brought to the city authorities’ notice. Living near someone who works near asbestos also exposes you to the mineral.
Asbestos can be transported through clothing, skin and hair. Even a few strands of asbestos can sometimes lead to mesothelioma.
Once you have been exposed to asbestos and have not yet been diagnosed with the fatal condition, there is still hope for you. If care is taken you might not even develop it. Blood tests can be done annually to confirm that you are well. There are other diagnostic tools that can be performed annually on asbestos exposed individuals to reconfirm their health status. These tests also aid in early detection when the condition is curable and can be controlled.
Smoking should be stopped since smokers are more susceptible to the onset of the condition if they have asbestos exposure history. Prevention is the best way out in mesothelioma since it is fatal if not diagnosed early.
To Your Health!
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Asbestos and Your Lungs
Possibly the most common illness that results from asbestos exposure is a cancer called Mesothelioma. Because asbestos is made up of thousands or tiny fibers, people who work with the substance installing insulation or other building related jobs easily inhale these tiny fibers into their lungs and bloodstream often without even knowing it. Over a lengthy period of time, these tiny strands of asbestos become integrated into the walls of the lungs leading to cancer.
The frightening thing about Mesothelioma and many of the other asbestos related ailments is that in most cases they will occur as long as 20-30 years after the asbestos exposure. In addition, it isn’t just workers who are directly exposed to asbestos who are at risk. Because asbestos clings to the clothing and then gets free in the air to be breathed in by anyone nearby, innocent children and spouses of workers who bring home asbestos dust or debris are also at risk of these lung diseases many years after the exposure occurred and many times when they never knew they had been exposed to asbestos in the first place.
Another ailment directly related to asbestos exposure is appropriately named Asbestosis. The symptoms and ways this affliction causes suffering in the patient is similar to the threats that pneumonia causes. The parts of the lungs that draw the necessary oxygen from the air to keep us alive and passes it into the blood stream are called alveoli. When asbestos dust gets into the alveoli, that process is interrupted or even stopped causing shortness of breath that in severe cases can be life threatening.
The membranes around the lungs are another source of potential damage from asbestos exposure. When the dust and residue of asbestos gets into these membranes, this can lead to pleural plaques, which is a scarring of these important working parts of your lungs. Pleural thickening is also a potential problem when the lung membranes that must be flexible and moist to operate begin to harden and become think making them less able to do their jobs. The result is significant to severe discomfort to the sufferer, which can lead to more life threatening lung problems down the road.
If there is any reason to believe that you or someone in your family has been exposed to asbestos over the years, seek medical attention quickly. Remember that the exposure could have been decades ago and these various lung diseases can come up suddenly with tragic results. Early detection gives doctors what they need to take action before the problems become too severe. Along with top-notch medical care, you may need to enlist legal assistance as well to solicit financial help from the institution who was responsible when you encountered the asbestos exposure. That legal assistance can do a lot to help you pay for expensive medical care that you will need to deal with the damage the asbestos has done to your health.
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Asbestosis and Mesothelioma Developments Around the World
Even though the European Union banned asbestos in 2005, European companies still have financial interest in companies located in Africa, Canada and South America. Canada has been one of the world’s largest asbestos producers, however they only use 29% of what they produce, and aggressive sales efforts are targeted towards Asia, Africa and South America. In Japan, local factory and building inspections failed to identify asbestos in more than half of the buildings inspected. Even with occupational laws in place, India and China fail to protect the majority of their asbestos workers.
The leaders of asbestos production, Russia, China, Kazakhstan, Brazil, Canada, and Zimbabwe, are responsible for 96% of the world’s asbestos production. In China, the world’s second largest asbestos producer, a significant portion of asbestos workers work without any protection in environments conducive to asbestosis and mesothelioma production. China not only fails to protect its workers from asbestosis and mesothelioma on a mass scale, but their asbestos producing factories are typically located near heavily populated cities. The effects of asbestos exposure and the incidences of asbestosis and mesothelioma are vastly unreported in highly populated areas due to lack of medical records, non-existent laws mandating lengthy medical record-keeping standards, and political interference.
Asbestosis and Mesothelioma are devastating diseases that can affect men, women and children that are exposed to asbestos. It is up to the socially responsible individuals and corporations to continue their advocacy work to protect hard working men and women from the incapacitating diseases of asbestosis and mesothelioma. With the prevalence of asbestos exposure that still exists, there is little doubt that asbestosis and mesothelioma will continue to develop well into the next century. The deadly misfortune of the disease on hardworking individuals can only be eradicated with an end to the demand for asbestos containing products.
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Asbestosis-Mesothelioma website provides Asbestosis, Mesothelioma and asbestos treatments news, law and many other useful information.
What is Mesothelioma (Asbestos Cancer)?
Both types of mesothelioma can be very painful and lead to a number of undesirable symptoms. Pleural mesothelioma can cause breathlessness, coughing and chest pain. It can also lead to pleural effusion where lubricating fluid in the lungs becomes trapped between the inner and outer layers of the pleura. Peritoneal mesothelioma can lead to abdominal pain, bowel problems and it swelling in the abdomen.
Almost every case of mesothelioma is caused by exposure to asbestos. In the past asbestos was a very popular construction material in the UK. However, as people became more knowledgeable they learnt about the dangers associated with this material. In particular they discovered that the very fine fibres that make up asbestos are easily released when the material is handled. This led to a complete ban on the importing and use of asbestos being imposed in the UK in 1999.
Mesothelioma is a very rare type of cancer and is believed to affect one person in every million. However, it can be deadly. If you have previously been exposed to asbestos you should go see your doctor right away and explain your concerns. Even if it turns out that you do not have this type of cancer it is better to be safe than sorry.
Whilst every intention has been made to make this article accurate and informative, it is intended for general information only. Mesothelioma is a very serious, life threatening condition and you should discuss any concerns, treatments or lifestyle changes fully with your doctor.
About the Author
Tom Parker owns and operates a number of useful fitness resources and websites. You can learn more about mesothelioma and how improving your fitness can help you prevent cancer by visiting his Free Fitness Tips Blog
Mesothelioma in Indonesia
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3 Mesothelioma Treatments Explained
2) CHEMOTHERAPY:- This mesothelioma treatment involves using anti-cancer medications to slow the growth of the tumour. It can also help reduce any undesirable symptoms. Unfortunately, in most cases chemotherapy alone is not enough to cure mesothelioma and instead helps provide sufferers with a better quality of life. However, it can be effective after surgery for killing off any remaining cancer cells and reducing the risk of recurrence.
Chemotherapy treatment does come with some undesirable side effects. The main side effect is that the drugs used often kill some non-cancerous cells too which makes you more susceptible to infections and can make you tire more easily. There are other associated side effects which include hair loss, nausea and diarrhoea. However, these depend upon the type of chemotherapy drug being used.
3) RADIOTHERAPY:- This involves using high energy radiation beams to destroy the cancerous cells. Radiotherapy is often used to relieve any undesirable symptoms but can sometimes prove an effective treatment for mesothelioma. It can also be used to shrink the tumour before surgery and to reduce the risk of the cancer returning after surgery.
Radiotherapy treatment also has comes with some unwanted side effects. These include nausea, vomiting and tiredness. However, these side effects and their severity varies depending upon the strength of the radiation used and the length of the radiotherapy treatment.
Mesothelioma is very rare but like any other cancer it can prove fatal if ignored. No one wants to be diagnosed with a condition like this but it can be treated. This article has discussed three of the options that are available but to get the full picture you need to go see your doctor. They are the professionals and they will be able to choose the best type of treatment for you and your circumstances.
Whilst every intention has been made to make this article accurate and informative, it is intended for general information only. Mesothelioma is a very serious, life threatening condition and you should discuss any concerns, treatments or lifestyle changes fully with your doctor.
About the Author
Tom Parker owns and operates a number of useful fitness resources and websites. You can learn more about mesothelioma and how improving your fitness can help you prevent cancer by visiting his Free Fitness Tips Blog














































