If you have parents who served in the military, there are ongoing maritime lawsuits on behalf of families and estates of the servicemen who may have developed or even died from asbestos exposure or mesothelioma. The legal recourse years ago wasn’t as solid as it is now. Now, hundreds of millions of dollars are being settled on behalf of maritime and military families in class action lawsuits.This is something I am familiar with, as my dad served in the merchant marines after world war 2 and before the Korean War. The naval ships would use powdered asbestos mix that were used for many things. My dad used to comment that it was like mixing a cake and he remembered breathing this in for hours, days and longer. No one bothered to question the safety of asbestos and whether mesothelioma cancer could become a problem.

Contractors and Asbestos Hazard Material

Before the dangers of asbestos poisoning and it’s long term cancer effects were known, larege contractors and suppliers used legal asbestos materials that were hazardous and these were included in many products used by my father’s ships in the merchant marines. These stories - now brought out by Mesothelioma class action lawsuits are coming out more everyday. Since the military used so much equipment and involved so many people, the effects from using these hazards and poisons are being felt years later.

We started getting settlement checks from law firms handling the cases against the contractors, companies and manufacturers as we have been included in several class action meso lawsuits. My father was not alive when this began. He died 2 years prior but we did not have to do anything. Maritime lawyers and firms have been handling the cases on behalf of the estates of thousands of merchant marines, navy shipmen, factory workers, ship builders and more.

Cases

There are hundreds of ongoing lawsuits and cases involving people who are sick, and the families of those who died. Some of these cases dealt with people and contractors from 60 years ago or longer. Many of these companies are out of business, bankrupt or other, so the cases may not be going anywhere in some instances.

Liability

Proving liability in mesothelioma, asbestos, cancer on a particular company or maritime contractor can be dificult - as these materials were legal then, but there are mesothelioma law firms that can help gather the information, form the class action cases and prove a portion of liablity that would hopefully provide some settlements.

Health and Safety

Hopefully these situations of jeopardizing the health and safety of our maritime servicemen and other workers will not happen again. Asbestos, mesothelioma and lung cancer causes have long been established as it relates to known hazardous materials. However, the families and estates of people who died or got sick due to these health issues may get some justice through meso law and class action lawsuits.

Maritime Lawsuits information Blog

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.

What Is Asbestos?Asbestos disease, mesothelioma cancers, lung cancers and asbestosis are the diseases caused because of asbestos exposure. Asbestos constitutes different naturally occurring fibrous minerals in some rocks and soil. It has found widespread use in industries and building materials such as fireproofing, roofing shingles, electric insulation, furnace, hot pipe covering, and friction products.

Mesothelioma cancers are the cancers affecting these membranes. The names of the cancers depend on the tissue or linings they affect. Peritoneal mesothelioma, pleural mesothelioma and pericardial mesothelioma are the names of cancers of linings of abdomen, lungs and heart, respectively. Pleural mesothelioma is the most common of all mesothelioma cancers and is found in 70 % of the mesothelioma patients. Peritoneal mesothelioma constitutes 10% to 20% of the mesothelioma patients while third type pericardial mesothelioma, is rare.

Serious Effects Of Asbestos Disease

Mesothelioma is the most serious of several asbestos-related diseases detected so far. This is because of the carcinogenic effect of asbestos particles. Asbestos can cause cancer of the lungs, esophagus, colon, rectum, stomach, vocal chords, and kidneys. About 70 percent to 80 percent of all cases of asbestos disease mesothelioma - a rare type of cancer of the mesothelium, the membrane that covers and protects most of the body internal organs -are the result of asbestos exposure at work. Asbestos disease mesothelioma may not immediately manifest.

The asbestos particles can lie dormant in the body for several years and manifest later, when the prognosis is very grim. It is possible that by the time the disease is diagnosed, the cancer may have already spread significantly. In view of health concerns all new uses of asbestos in the manufacturing industries have been banned in the United States from July 1989 onward. In particular, the use of asbestos in hand-held hair dryers was voluntarily stopped in 1979. Schools are required to test for use of asbestos roofing and it is removed or covered up.

One alarming fact about the mesothelioma cancers is its extended latency period. These cancers may remain asymptomatic in the body for even up to 50 years. Chances of survival for mesothelioma patients are rare and the average survival period after diagnosis is not more than 12-24 months. Surgery if diagnosed early, chemotherapy and radiation therapy are some common treatments for all types of mesothelioma cancers. People suffering from mesothelioma cancers can file lawsuits to recover damages for medical expenses and other damages. They can file the lawsuits against the persons and companies responsible for causing asbestos exposure.

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”.

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.

Court Decisions that Protect and Compensate Asbestos WorkersAsbestos is a dangerous substance that causes the debilitating disease of asbestosis, and the fatal cancer, mesothelioma. Asbestos workers are exposed to scarring asbestos fibers in excessive amounts on a daily basis. Employers who ignore the dangers won’t be ignored by the courts.

Asbestosis and mesothelioma affects asbestos workers around the world. National and international lawyers and judges are making room on their desks for voluminous stacks of medical records that are entered as evidence in mass litigation proceedings for asbestos workers who were unaware, and unprotected, from the dangers of inconspicuous deadly asbestos fibers. Employers have the responsibility to protect the safety and health of the employees, and in today’s modern societies, it is legally mandatory for employers to protect their employees from danger. Company fines and business closures can result for those companies that put profit over people, and so can litigation resulting in millions of dollars of compensation paid to injured workers.

Asbestos workers have joined together to set precedent court decisions in asbestos cases that will facilitate faster trial decisions and undermine confusion in the interpretations of the occupational laws. Many workers, however, do not receive just compensation. Lack of medical records, multiple possible causes of lung disease, unawareness of the right to legal compensation, or the lack of legal representation, prevents many asbestos workers from receiving their just compensation for asbestosis or mesothelioma.

Although workers compensation cases have been recognized in the courts since the 1920s, the first US trial against an asbestos product wasn’t held until 1966 by plaintiff Claude Tomplait. The case lasted three years, and the decision was made on behalf of the defendant. In 1969, Claude’s lawyer then represented Clarence Borel, a co-worker of Claude’s, against the same defendant. This case lasted four years, and in 1973, a historical landmark decision was made on behalf of the plaintiff, Clarence Borel (Borel v. Fibreboard Paper Prods. Corp., 493 F.2d 1076 (5th Cir. 1973). It was officially deemed that not only must manufacturers must warn consumers of danger, but they are responsible for staying informed with regard to scientific discoveries that have an impact on their products. If a manufacturer fails to do so, they will be liable for physical harm. Since 1973, there have been well over 100,000 asbestos cases filed in US courts. Asbestos cases are currently the longest mass tort in US Court history. In 1982, court opinion in Beshada (Beshada v. Johns-Manville Products Corp., 442 A.2d 539 (N.J. 1982)), humanely stated, “the burden of illness…should fall on those who profit from its production…”, throwing out a “state of business practices at the time” defense that defendant asbestos companies were praying upon for relief.

Around the world, the deadly consequences of working with asbestos is gaining increased recognition, and asbestos workers are gaining increased support in their court bids for compensation of asbestosis and mesothelioma. In 1989, Australia established the Dust Diseases Tribunal for asbestos cases, and in 1991, Australia banned asbestos. In 2005, the European Union followed with their own ban on asbestos. In the UK, a compensation fund for asbestos workers diagnosed with mesothelioma has been established within the Department of Societal Development. This fund disperses payment to mesothelioma patients within a week of the diagnosis of mesothelioma and reduces the risk of a mesothelioma patient dying before receiving a settlement (which frequently happens with lengthy civil trials).

Asbestosis and mesothelioma patients suffering from incurable and fatally progressive diseases due to employer negligence and manufacturer’s disregard for danger are due compensation for their pain, and employers are beginning to pay. Sadly, employers have to pay with their bank accounts, but asbestos workers have to pay with their life.

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