A personal injury lawyer who has dedicated his life to campaigning for compensation for asbestos victims today claims that a new High Court Ruling indicates a landmark victory for asbestos victims.Solicitor and personal injury expert Peter Hankins has given over 30 years of his life to the cause, fighting tooth and nail for the ex-employees of former Chalford-based asbestos firm Fibrecrete and their families.

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.

When someone is diagnosed with mesothelioma, they may find that they need an attorney to help them with their case. This is a disease that is rare, and there is little to be said about the condition. The rate of this disease is on the increase and there are new mesothelioma attorneys that are trying to settle many cases for different people. They have stepped in for the rights of the people to help them with their case.These lung cancer patients deserve to have the respect and the care that they deserve for all their duties while in the work force. It is important that these patients and their families have the necessary information that they deserve to be well informed about the entire process. Malignant mesothelima is a rare form of lung cancer that is brought on by asbestos.

Handling asbestos causes mesothelioma. This comes from working in an environment that is affected by this deadly material or by someone that is contracted to remove it. Most of the time, the workers are made clear of the dangers that can be caused by working with this type of material. However, some employers will allow little or no protection from the material when the employees are handling it. These workers are entitled to compensation for their work.

For most people, they will not get any better and will have to live with this type of problem for the rest of their life. When someone has to go through that much pain and suffering in their life because their company did not tell them that they were in danger, they will deserve a settlement for their time and their pain. Mesothelioma attorneys will fight for their patients to have all of their medical bills paid and to have a little extra money to help them with the rest of their life. This is an important procedure that will determine how well you settle out.

You need to be confident in your attorney so that the facts can be presented and the client will have a fair and good case. In some cases the patients will die before the case is settled. In these cases, the families of them will be entitled to the remaining settlement. They will have to live without their family member for the rest of their life due to this terrible form of cancer and they will deserve to be compensated well for that reason. Mesothelioma attorneys will help them fight for what their loved one wanted so much. In the end, the money and the settlement cannot make what is wrong turn right. It is not going to bring back the loved one. However, it will be telling these companies that they did something wrong and that they did not get away with it. You will be fighting for rights of the workers and the responsibilities of the employers.

A campaigning lawyer has stated that a new High Court ruling is a landmark victory for dozens of asbestos victims in the Stroud Valleys.Lawyer, Peter Hankins has looked at industrial injuries compensation for more than 30 years for ex-employees of former Chalford-bases asbestos firm Fibrecrete and their families, who were commonly made terminally ill having worked for the company.

Hankins said that the court ruling for insurance companies to pay out compensation for when a worker was exposed to asbestos and not when the symptoms appeared was a great improvement.

Hankins stated: “It is a milestone. I feel enormous relief for the families involved. This is probably one of the most aggressively fought areas of injury and disease in my professional life.”

Fibrecrete closed in 1971 but asbestos and similar illnesses have an incredibly long tail, or lead in time.

Mr Hankins commented: “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.”

He furthered: “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.”

Currently, it is thought that there are around 1,500 mesothelioma deaths a year in the UK, four or five of which are in Stroud.

Hankins said that he came into the lawyer profession on an ideal to “right all the wrongs” and he expects asbestos claims to increase in 1015.

Due to the BAI rejecting compensation claims many workers have suffered this work disease without court sympathy but BAI admitted that the rejection of hundreds of cases will lead to huge settlements.

Mr Hankins stated: “During the test case litigation BAI admitted that over the last two years they had rejected 284 fatal mesothelioma claims, whose families are consequently still awaiting compensation averaging £125,000 each, which is a total of a staggering £35.5 million.”

Asbestos cases can be difficult Many injury lawyers have found asbestos cases difficult, and until now, these cases were difficult to prove. Adrian Budgen, head of industrial disease litigation commented on his findings and on the new court ruling.

Budgen said that the number of work disease victims were huge: “It was hugely challenging because of the sheer scale of the litigation and the number of parties involved.”

Adrian then commented on the new ruling: “Mr Justice Burton found that the four insurers (BAI, Excess, Independent and MMI) were liable to provide an indemnity in respect of negligent exposure to asbestos during their policy periods.”

The new court ruling will hopefully give a new lease of life to the families who have lost loved ones to the disease.

Maureen Edwards who lost her father was happy with the decision: “My dad would have been proud that we have finally achieved justice for him, but he would have been disgusted by the lengths the insurers went to get out of paying.”

General-secretary of Unite, Derek Simpson stated it was a “hugely important victory for the victims of the deadly dust and for their families”.

Paul Mancuso, 45, his father Lester, 70, and his brother Steven, 37, all of Utica, New York, were indicted Oct. 16 on several federal charges after illegal dumping asbestos. The charges include:

• Violating the Clean Air Act
• Violating the Superfund Act
• Conspiracy to defraud the U.S.
• Conspiracy to commit mail fraud

Illegal Asbestos Removal and DumpingThe Mancusos are alleged to have performed illegal asbestos removal operations and to have dumped asbestos-containing materials on the sides of roads and other non-permissable locations in upstate New York. Another member of the family, Paul’s brother Ronald Mancuso, pleaded guilty to illegally dumping asbestos and to conspiracy to violate the Superfund Act.

What is Asbestos?

Asbestos is a naturally occurring mineral found floating in the natural environment. It is composed of multiple durable fibers that are resistant to heat and friction. When the mineral is broken, the strands of fibers separate, creating a thin, microscopic dust. Once in its broken state, asbestos becomes extremely toxic as it can be swallowed easily. Because of its durability and strength, it does not break down once ingested, but instead accumulates in the lining of the lungs, the stomach or the heart and after time can lead to development of fatal diseases.

Second Set of Criminal Charges for Paul MancusoThis is not the first involvement with illegal asbestos handling for Paul Mancuso; he was convicted of asbestos removal and disposal crimes in 2003, and of insurance fraud concerning his asbestos business in 2004. As part of his sentence for those crimes, Paul was prohibited from engaging in any asbestos abatement work, according to U.S. Attorney Andrew Baxter.

Fraudulent Companies, DocumentationThe recent indictment alleges that Paul later set up illegal companies in the names of his relatives and associates to engage in asbestos projects that contaminated private residences and businesses and dumped the removed asbestos at non-permitted sites such as roadsides.

Brother, Steven Mancuso, an attorney, is charged with preparing fraudulent documentation to give the appearance of legally conducted asbestos abatement by the companies. He faces a maximum sentence of five years in prison and a fine up to $250,000.

Years in Prison, Millions in Fines

Paul Mancuso, if convicted, could be sentenced to 55 years in prison and a fine up to $2.75 million. Lester Mancuso’s maximum possible sentence is 23 years in jail and a fine up to $1.25 million.

(Source: www.mesotheliomatreatmentcenters.org)

Getting Legal HelpIf you’re concerned about asbestos removal or dumping, contact mesothelioma centers to schedule a private, no-cost consultation with an experienced asbestos attorney today. Our attorneys understand the laws governing wrongful asbestos exposure and will fight to ensure your legal rights are protected.

Mesothelioma is a type of cancer that affects the mesothelium or the sac like protective covering of internal organs. The main cause is exposure to asbestos. Therefore the best possible prevention is to avoid exposure to asbestos. Mesothelioma takes about thirty to fifty years for making itself prominent. People above the age of sixty five have shown an increased tendency to develop asbestos cancer. The mesothelioma is more common in men than women.Asbestos is a mineral that is very commonly used. Due to increased health risks the use of asbestos has been reduced according to government regulations. In spite of all the regulations asbestos is being used in many manufacturing industries where it is mandatory for production. The most effective prevention method is to limit the exposure.

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!

If you work with or around asbestos and aren’t properly protected, there is a chance that prolonged exposure will leave you vulnerable to developing mesothelioma. Mesothelioma is a form of cancer that is caused by exposure to asbestos. With mesothelioma, malignant cells grow in the mesothelium, which is the protective lining that covers many of the body’s most important internal organs. The most common place for this cancer to develop in on the lining of the lungs or on the chest wall, although it can develop elsewhere within the body. Because mesothelioma can be prevented by safety equipment and because it is a work-related illness, compensation claims are a big issue.The first claim against an asbestos manufacturer was in 1929, although as part of the lawsuit it was agreed to not pursue any further cases. It wasn’t until the 1960’s that asbestos was officially recognised as the cause of mesothelioma. An article was written in which more than 30 cases of people working with asbestos and suffering from the disease were recorded. Today, many claims are made by employees against employers who have failed to implement strict safety measures, rendering the employer negligent. In the US claims resulting from asbestos lawsuits have now reached into billions of dollars. In the UK claims are less common but the number of lawsuits citing asbestos as the primary cause of mesothelioma is growing steadily.

On the 20 August 2008 Thomas Renfrew of Ardrossan, Ayrshire, was awarded £130,000 in damages for ill health due to exposure to asbestos. He worked as a shipbuilder for 14 years, often coming into contact with asbestos. It was argued in court that Mr Renfrew could live for another 10 years with the disease and that the amount of money rewarded was to make the rest of his life a more pleasant one. The companies that he worked for wanted to pay significantly less because they estimated that he would only live for another 3 years, effectively admitting that his exposure to asbestos had affected his health and predicted life span.

Today, an increasing number of claims are being made due to mesothelioma. One of the reasons for this may be that the symptoms often don’t appear until 20 to 50 years after the asbestos exposure. Symptoms include shortness of breath, persistent coughing, chest pains, weight loss, abdominal swelling and a wide range of other problems. In the later stages of the disease tumours develop throughout the body, although usually these tumours are located primarily in the lungs. As the symptoms of mesothelioma are similar to other illnesses, they can often be misdiagnosed. Obviously, as you can see in the case of Mr Renfrew, life expectancy is reduced dramatically.

If you have worked with asbestos in the past and you experience any of these symptoms then you should consult a doctor immediately. You may also wish to contact specialist claims lawyer who has experience with asbestos cases. As you can see from the Renfrew case, claims of asbestos poisoning and the contraction of mesothelioma are taken very seriously indeed. It is important to have a specialist lawyer working for you, as they will understand the legal proceedings that will directly apply to a claim of this nature. They will also be aware of past cases that can have a bearing on your own case.

Medical records that pertain to asbestosis or mesothelioma must be dug up from the archives of the past. Without medical record collections and retrievals, the forewarnings of impending asbestosis and mesothelioma come only from witnessing the sufferings of an asbestosis patient or the languishing death of a mesothelioma cancer patient.Asbestosis and mesothelioma statistics are sharply under-estimated due to the lack of many nations to implement an efficient medical retrieval system and properly care for and diagnose lung disease patients who are suffering from asbestosis or mesothelioma due to asbestos exposure. In many nations, physicians that are able to properly diagnose the disease are rarely, if ever, available. These same nations often have poor record keeping systems in place to monitor health trends and examine medical histories. Many times asbestosis and mesothelioma are simply referenced as “lung disease,” without a proper determination of the classification of lung disease.

Years pass before these progressive lung diseases start showing their scarring presence, but an archive of medical history can facilitate proper diagnosis, and national archives of medical histories can facilitate early warnings. Despite this knowledge, India has no cancer registry, nor does it have a system for recording mesothelioma and asbestosis cases. In the Philippines, the Occupational Safety and Health Center (OSHC) reports that asbestos caused diseases will be under diagnosed due to low employer participation in submitting medical records to a central agency. (Less than 5% of employers do so.)

In Brazil, where corporations scurry to cover any implications of occupational hazards or ill will, medical records are virtually non-existent for asbestos workers. The Eternit asbestos plant in Brazil has had asbestos workers for over 50 years, yet no medical records were ever kept prior to 1978. In China, death records are purged and permanently eliminated after death, leaving no source for documenting trends in deaths or comparisons and similarities between diseases. And although China is one of the top five asbestos producers and users in the world, this nation continues to have a minimal amount of empirical studies on the implications of asbestos exposure.

Fortunately, in many nations, allowable exposure limits are being reduced, inspections are being heightened, and politicians and corporations are being pressured. Environmental groups and protection agencies continue to test asbestos material and promote its eventual ban. Unfortunately, politics and corporations still govern irresponsible asbestos promotions, and millions of innocent people are unaware of its dangers. The lack of public awareness has led to a deadly economic dependency on asbestos.

Asbestosis and mesothelioma deaths need to be recorded, death records need to be maintained, and medical histories of asbestos workers need to be compiled to gain a full realization of the statistical and economical impact of the world’s burgeoning asbestosis and mesothelioma crisis. Asbestosis and mesothelioma records are useless, however, unless they are used to promote change and develop public awareness - which is precisely what the mining and trading nations are afraid of.

The lung diseases asbestosis and mesothelioma have been proven for decades to be a result of asbestos exposure. Yet, asbestos continues to be mined, and employers still fail to protect workers from the dangers of asbestos. Faint warnings to the public have been made barely audible, and a deadly global health epidemic is looming on the horizon.Asbestosis and mesothelioma are the subjects of 21st century international reports warning international officials, advocacy workers, and the general public of an impending epidemic of these two devastating diseases. Asbestosis and mesothelioma, which are caused by exposure to asbestos, take decades to surface symptoms, and the retired workers of yesteryear’s thriving asbestos industries are beginning to suffer from asbestos related diseases today.

In countries like Brazil, workers suffered decades under corrupt politics, medical care was discouraged, workers were randomly dismissed from employment, and diagnostic tests were not made available to support any identification or claim for asbestosis or mesothelioma. It is only recently that unions protecting workers have surfaced, but for thousands of asbestos workers, it is too late to avoid succumbing to the harsh lung disease of asbestosis or the fatal cancer of mesothelioma.

As workers and innocent home dwellers continue to be exposed to asbestos, the death estimates due to asbestos related diseases will continue to reach into the next half century. Factories in China spew asbestos from their factories into neighboring cities. In Africa, a state of emergency has been requested in asbestos filled territories where hundred-mile stretches are filled with residents living, working and sleeping while surrounded by airborne asbestos fibers. In India, the European Asbestos Removal Association (EARA) issued a 2008 report titled “India’s Asbestos Time Bomb” which warns of India’s future burden of caring for tens of thousands of asbestosis and mesothelioma patients as a result of India’s infatuation with asbestos products. In this asbestos removal report, comparisons are made between the export levels of India and the UK. In just two decades, India’s asbestos imports surpassed the levels that the UK used in their entire industrial history. The UK is now facing record levels of occupational disease, with thousands dying from mesothelioma every year. Despite the UK’s forewarning of the future, India continues to import massive tons of asbestos products annually, and corporations with significant monetary interest encourage unsuspecting consumers to embrace the use of asbestos products.

Even with indiscriminate medical records that deflate the actual deaths due to asbestosis and mesothelioma, the World Health Organization estimates that asbestosis and mesothelioma will be responsible for 90,000 deaths around the world in a single year. As long as asbestos continues to be mined, imported and exported - the numbers will continue to rise over the next century.

Asbestosis and mesothelioma are not diseases that are easily recognized by physicians or the lay citizen. The public must be made aware of the dangers of working with, and living with, asbestos made products. Scientists and manufacturers must race to discover the economic answer to replace asbestos products with a safer alternative. But with or without change, the next decade will surface the consequences of haphazard occupational healthcare as the children of tomorrow care for the asbestos workers of today

Mesothelioma is a rare form of cancer that develops in the thin tissue layer coating many of your organs. The American Cancer Society estimates that approximately 2,000-3,000 people are diagnosed with the disease each year.There are three types of mesothelioma cancer. Each is classified based on where it occurs in your body:

• Pleural malignant mesothelioma occurs in the tissue around your lungs. It is the most common form of the disease.
• Peritoneal mesothelioma affects the tissue around your abdomen.
• Pericardial mesothelioma occurs in the tissue around your heart.

Symptoms of Mesothelioma

The symptoms of mesothelioma vary based on the region of your body affected by the cancer. The symptoms of pleural mesothelioma include:

• Shortness of breath
• Painful breathing
• Painful coughing
• Chest pain near the rib cage
• Lumps of tissue under your chest skin
• Weight loss
• Dry cough

The symptoms of peritoneal mesothelioma are:

• Abdominal pain
• Abdominal swelling
• Change in bowel habits (frequent diarrhea or constipation)
• Lumps of tissue in abdomen
• Weight loss
• Nausea
• Vomiting

Causes of Mesothelioma

The primary cause of mesothelioma is exposure to asbestos, a harmful fiber used as insulation. People who have a high exposure to asbestos are at greatest risk of developing mesothelioma. This exposure most commonly occurs in the workplace. Frequently, blue collar jobs in mines, ship yards, manufacturing facilities, construction sites, and railway facilities place people at greatest risk of asbestos exposure.

If asbestos dust is breathed or swallowed, the fibers can settle in your lungs or stomach, resulting in an irritation that ultimately causes mesothelioma. People with very high levels of exposure to asbestos are at greater risk of contracting mesothelioma than people with lower levels of exposure. It can take as long as 30 to 40 years for the disease to develop.

Mesothelioma Lawsuits

Over the years, many lawsuits have been filed and won on behalf of people exposed to asbestos at work. If you have been diagnosed with this rare cancer, you should consult an experienced mesothelioma attorney at once to see if you have a valid claim.

It is important to choose an attorney who specializes in mesothelioma claims. This is a highly complex area of the law, and you should not trust your case to someone lacking the proper experience. Several factors complicate many of these claims, including:

• The long delay between exposure to asbestos and the development of mesothelioma
• The widespread use of asbestos in many common products
• The ability to develop mesothelioma from second-hand exposure to asbestos

These factors can often make it difficult to prove precisely where you were exposed to this dangerous fiber. You will need a lawyer who can skillfully work with these factors and still help you receive the compensation you deserve.

If you are diagnosed with mesothelioma, you are most likely looking at a lifetime of pain, medical expenses, and lost earning capacity. You should be compensated for your injuries. Why trust your mesothelioma claim to someone who is not an expert?