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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Mesothelioma Definition
Whatever is the verbal definition given out to this deadly disease, but those can never for sure weigh the deadliness of this fatal disease. It is an absolutely fatal disease which has taken many a people into its deadly grip. The maximum period of survival after the disease has been diagnosed, has come to the most of a year or two. It is worse form of cancer which is not curable. However, recent studies have suggested that if the disease can be diagnosed at a very early stage then the life of the individual who gets affected by this deadly disease, can be stretched till at the most of 5 years.
The treatment of this disease is very expensive but the treatment doesn’t assure life but a few more days, to procure the huge lump-sum required for the treatment, people also file lawsuits to cover the huge incurring expenses for the treatment.
The main cause of mesothelioma has been detected as to the prolonged exposure to asbestos. Most of the patients that have been diagnosed with the disease, had acquired the disease cause of prolonged exposure to asbestos. The statistics of the mesothelioma patients has revealed the connection between the asbestos and the dangerous cancer syndrome.
And usually this disease is found to affect people and workers who work in industries. Usually, industries use asbestos as an imperative input for carrying on different processes; it is being used in factories, automobile, shipyard and construction. Direct exposure to loose asbestos fibers can develop the symptoms of mesothelioma, but the infected cells can remain dormant in the body for a long period of about 15-20 years.
But the worst par of the disease is the fact that this disease generally gets detected in older days i.e. at the age of 50-60 years and also mostly in the last stage. Thereby, reducing the chances of the individual’s recovery. So this is very necessary that people who are likely to take in much asbestos particles should be scanned regularly for any symptoms of mesothelioma.
Government policies have empowered the mesothelioma patients to claim for compensation. They can file lawsuits with the help of their attorneys for claiming such compensation. The mesothelioma victims can sue the company in which he had been employed into, for not being socially rational, but being more inclined towards the flowing profits, and not undertaking any steps to slacken the use of asbestos or using in a more protective way which has resulted in endangering the lives of the employees.
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Injury lawyer wins case for asbestos victims
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”.
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New Mesothelioma Treatment Found Among Skin Cancer Creams
The study, conducted by researchers from the Sir Charles Gairdner Hospital in Australia, is considered “breakthrough” according to a PerthNow news article. Additionally, scientists feel that this potentially new mesothelioma treatment may be more readily available than other treatments being researched and tested, as one of the drugs is “already commercially available and the other is currently being tested in clinical trials,” according to lead researchers of the study.
Mesothelioma Defined
Mesothelioma is a cancer that affects thousands of individuals worldwide. It has largely been classified as a relatively rare condition, although many physicians and scientists predict a large increase of victims in the near future because of the dormant nature of the cancer. Mesothelioma cancer is caused by exposure to varied levels of asbestos fibers and dust.
During the early part of the 20th century asbestos, which derives from vermiculite, was mined and used in a plethora of products and much more heavily within the construction industry leading to the diagnosis of many construction-related workers.
Mesothelioma cancer commonly remains dormant for 10 to 30 years until symptoms begin to appear, at which point, treatment is almost non-existent.
Patients of mesothelioma cancer are advised to speak with a medical professional immediately and those who suspect they may suffer from asbestos-related conditions can also suggested to contact a medical professional and experienced mesothelioma attorney for additional information.
Diagnosing Mesothelioma
Mesothelioma is a growing condition in not only America, but around the world. A mesothelioma diagnosis is often a grim and bitter situation for not only a victim, but for family members and friends.
Once an individual has been informed of their condition, they will need to take immediate steps to ensure the best quality of care is received. By determining this, an individual increases their chances of receiving monetary compensation for their disease through the development of a mesothelioma lawsuit.
Such compensation can assist a victim with paying for costly medical treatments including chemotherapy treatments, which can range in the thousands. Speaking with a knowledgeable mesothelioma lawyer can provide insightful information as to a potential lawsuit.
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To learn more about mesothelioma cancer and additional treatments, visit http://mesothelioma.legalview.com/ . Also, individuals can find other information about topics ranging from the Avandia risks to the latest on truck accident jury verdicts by visiting http://www.LegalView.com/ .
Businessmen Indicted for Asbestos Dumping
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.
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Helping mesothelioma cancer victims that have been wrongfully exposed to asbestos, a deadly mineral used in lots of products, navy ships, roofing, old buildings, cement sidings, insulation, textiles, flooring and much more. Please call 888-534-4023 for assistance with mesothelioma cancer (pleural, malignant, benign, peritoneal), asbestosis, lung cancer or asbestos cancer complications or if you or someone you know have been exposed to asbestos.
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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Florida Abortions Clinic. Dr. James S. Pendergraft opened the Orlando Women’s Center in March 1996 to provide a full range of health care for women, including Medical Abortions, physical examinations, family planning, counseling, laboratory services. Orlando Women’s Center. Abortions Clinic.
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.
Contact Information: The Finer Times P.O BOX 1058 Parramatta CBD NSW Website: http://www.TheFinerTimes.com
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TheFinerTimes is an online information service providing information about general world event, past History, Fashion, Art, Science, Current Affairs, dedicated to the finer things in life. Our objective is to produce quality content, allowing the reader to easily browse our site from any connection in the world. We employ writers from many nationalities to give us a unique perspective on many topics.
The Definition of Mesothelioma and Mesothelioma Diagnosis
Mesothelioma most often develops in the membrane surrounding the lung, and results from inhaled asbestos fibers. This mesothelial membrane is called the pleura. Because lung tissue is so soft and porous, the motion of breathing massages the fibers through the lung tissue to the membrane. The consistency of the membrane is such that the fibers penetrate the pleura and remain trapped there.
Occasionally, fibers that are swallowed follow a similar path through the stomach wall where they become lodged in the lining around the stomach, called the peritoneum. With less frequency, fibers can pass through to the lining around the heart, called the pericardium. Mesothelioma can grow in any of these membranes.
Symptoms
Pleural mesothelioma symptoms can include thickening of the pleura, pleural effusion (fluid collecting in the pleural space), which in turn compresses the lung in that area reducing the amount of oxygen that can get into the blood. This causes shortness of breath along with some pain due to inflammation and, sometimes, infection. Persistent cough is common.
Symptoms of peritoneal mesothelioma might include stomach pain or swelling, bowel obstruction, foot swelling, nausea, weight loss, and pain.
Fever, night sweats, or anemia might also be symptoms of either form of mesothelioma. Diagnosis involves specific testing to differentiate it from other diseases, many of which have similar symptoms.
Diagnosis
There are a number of diagnostic tests that are used together with the results of a physical exam to make a diagnosis of mesothelioma. These tests differentiate between diseases and allow the doctor to rule out other diseases and cancers, identifying mesothelioma as the one that matches all of the diagnostic criteria. These include:
• X-rays - X-rays can reveal pleural effusion, pleural calcification, and scarring
• CT or CAT Scan (Computed Axial Tomography) - CT Scans identify tissue density and can identify pleural effusion, pleural thickening and calcification, but it can’t differentiate between mesothelioma and other disease.
• MRI (Magnetic Resonance Imaging) - An MRI is more sensitive than CT or X-ray, and is useful for more accurate identification of tissue changes during the course of treatment, and evaluating for surgery.
• PET Scan (Positron Emission Tomography) - PET Scans measure cellular activity. Cancer cells are more active than healthy cells, and this activity shows up in PET Scans.
• Biopsy - A biopsy involves taking a sample of the suspect tissue, either with a needle or through a small incision, and sent to the lab for analysis.
• PFT (Pulmonary Function Testing) - PFT involves a set of breathing tests to measure your lung volume, elasticity, airflow, and gas exchange into your bloodstream. These measurements reveal whether areas of your lung have a reduced volume or are not exchanging gas (i.e., from pleural effusion and resulting atelectasis, aka collapsed lung,) restrictive lung disease, or reduced airflow from obstructive lung disease.
• CBC (Complete Blood Count) - CBC shows the number of red and white blood cells and platelets, the amount of hemoglobin, and the percent of blood that is red blood cells. It also tests other common blood factors that indicate health and illness.
• Bronchoscopy - A bronchoscope is inserted into the patient’s lungs through the throat that allows the doctor to view the trachea and upper airways. The scope has the ability to take a tissue sample that can be examined under a microscope, in the same was as tissue collected from a biopsy.
• Cytology - A pathologist microscopically examines cells drawn from fluid near the site of the suspected disease.
The U.S. Department of Labor gives links to OSHA’s standards and guidelines for evaluating exposure to asbestos. These links include medical questionnaires, X-ray interpretation standards, medical surveillance for asbestos and more.
About the Author
The experienced mesothelioma lawyers in Baltimore, Maryland and Washington D.C. have helped many people receive settlements for loss of health, income, quality of life, and more because they were exposed to asbestos in their workplaces. Please contact Parker, Dumler & Kiely, LLP for a consultation.
The Mesothelioma Compensation Claims Time Bomb
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.
About the Author
http://www.1stclaims.co.uk is run by a non-practising Personal Injury Solicitor with over 14 years personal injury claims experience.We deal in a range of claims, including personal injury claims and compensation. Please visit http://www.1stclaims.co.uk for further information.
Pleural Mesothelioma’s Unique Indicator of the Onset of Mesothelioma
Pleural mesothelioma and asbestosis are lung diseases that produce symptoms similar to hundreds of other potential respiratory illnesses and cancers. Although a history of working with asbestos is a strong indicator that asbestos may be the cause of a patient’s lung disease, many patients fail to mention their working history to their physicians, and many physicians dismiss the possibility of asbestos related disease because of its low reported statistics. These statistics, however, are vastly under-reported, as many countries do not have the access to the medical knowledge, equipment, or personnel to correctly determine and report asbestos-caused diseases. Asbestos use continues to thrive around the world, and the incidences of asbestos caused cancer and asbestosis will continue to thrive as well.
Medial researchers are trying to prepare for the future epidemic of asbestos illnesses that the asbestos workers of today will be suffering from in the upcoming decades. Although a cure for pleural mesothelioma is far off in the distance, medical researchers have found that a protein gene identified as osteoprontin exists in patients with this disease and their serum osteoprontin levels are six times higher than other lung disease patients. Osteoprontin is typically associated with the bones since it is a protein located in the bones. However, the gene is an active participant and an important player in bone remodeling, wound healing, and the immune system. The University of Bristol in the UK also found that the gene needs to be suppressed to prevent dangerous scarring of internal tissues and have begun to work on a gel to speed up wound healing that facilitates this suppression.
For patients suffering from undiagnosed respiratory illnesses, identifying an increase in serum osteoprontin can distinguish asbestos cancer from asbestosis or lung cancer. This will save years of unnecessary testing and expenses, provide the opportunity for early cancer treatment, and even increase the swiftness of processing asbestos workers’ compensation claims.
Pleural mesothelioma research, medical research on asbestosis, and medical research on other asbestos-related diseases continues to contribute valuable findings that can contribute to improving care and provide valuable medical insights that can be applied within multiple medical fields. Soluble mesothelin-related peptide is similar to osteoprontin, and is also a unique identifier of mesothelioma. Accessible medical access that can test individuals for both of these unique markers can have a significant impact on the health and longevity of today’s asbestos workers. Lung diseases may soon be more easily differentiated. But that isn’t enough. Medical accessibility must be improved around the world so today’s asbestos workers can get the early treatment they need to survive.
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