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.

At the 2008 President’s Cancer Panel in September, medical experts demanded that the industrial manslaughter of millions of American workers be addressed including the use of asbestos that causes an incurable form of lung cancer known as mesothelioma. Most comments derived from a professor of environmental and occupational health sciences at SUNY Downstate Medical Center.Jeanne Mager Stellman, PhD, told the panel that “decades had been wasted on examining the problem of carcinogens” at work and caused health issues among US employees. Dr. Stellman also explained to the panel that the government was responsible for the “lack of the will to prevent occupational disease, death and disability” among workers across the United States.

The President’s Cancer Panel is made up of individuals who with to “improve the investment in preventing cancers” that harm US citizens; the panel is an extension of the National Cancer Institute (NCI).

However, Dr. Stellman, who gave a deposition of industrial carcinogens claimed that the toxic effects felt by many workers had manifested through the years and eventually caused the development of cancer among thousands, and basically stated that the panel was not doing enough to protect workers from carcinogens such as asbestos in the workplace.

Where Is Asbestos Used?

Considered a carcinogen, asbestos has been classified by the Environmental Protection Agency (EPA), the U.S. Department of Health and Human Services and the International Agency for Research on Cancer. Deriving from vermiculite mines, asbestos was used in the construction of millions of homes and products until it was banned in the 1970s and 1980s. NCI reports that the wide-spread use of asbestos cannot be reveresed:

* cement

* hot water pipes

* plastics

* insulation

* roofing

* fireproofing

* sound absorption

* boilers

* steam pipes

* vehicle brake shoes and clutch pads

* ceiling and floor tiles

* paints

* coatings

* adhesives

Mesothelioma As ‘Industrial Manslaughter’

Dr. Stellman described to the panel that the carcinogens that industrial workers were exposed to was “ongoing industrial manslaughter” and that through research and records obtained from insulators belonging to a trade union there were and are extreme “cancer risks associated with asbestos and to the widespread control of asbestos that now exists.” safe

The EPA is currently responsible for the safe cleanup and disposal of asbestos in American homes, offices, apartment buildings, universities, schools, hospitals, est. However, according to a Seattle Post Intelligencer article from 2007, the EPA has had a “flawed system of examination and cleanup” of several hundred factories that had at one point processed asbestos or contained asbestos-contaminated vermiculite.

Developing Mesothelioma Cancer

According to the NCI, individuals who are at risk for developing asbestos-induced illnesses include those “exposed to asbestos in their workplace, their communities, or their homes.”

It is imperative that those feeling they were exposed to asbestos contact medical assistance as soon as possible. Additionally, the NCI explains that several signs and symptoms that indivduals can watch for to determine if they may be developing mesothelioma include:

* fatigue

* anemia

* weight loss, loss of appetite

* swelling of the neck or face

* difficulty swallowing

* pain or tightening in the chest

* coughing up blood

* persistent, worsening cough

* shortness of breath

* continued wheezing and hoarseness

Individuals who have been exposed to asbestos fibers or asbestos dust are advised to contact an experienced mesothelioma attorney who can provide a free legal consultation as to the development of a mesothelioma lawsuit. Litigation that is developed surrounding the exposure to asbestos may be able to provide a return on monetary compensation to assist in paying expensive medical bills commonly associated with mesothelioma treatments.

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!

There was a time when using asbestos as a way of insulating homes, public buildings and even clothing was considered to be an outstanding form of insulation. It was only after a significant period of time that we became aware of the tremendous health problems that asbestos can cause on the health of just about anyone even remotely exposed to the substance. Certainly if we had known that exposure to asbestos would result in a virtual plague of illnesses, it would not have been used with such freedom as it was for so long. Only now are we starting to understand the various ways that exposure to asbestos can damage the lungs and the lethal diseases that will result.

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.

Contact Information: The Finer Times P.O BOX 1058 Parramatta CBD NSW Website: http://www.TheFinerTimes.com

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?