Every year in the United States, approximately 2500 cases of Mesothelioma is recorded—one of the deadliest types of cancers affecting hundreds and thousands of lives in the USA. Even though medical science continues to make breakthroughs in their fields and is constantly trying to devise new means of cure, this disease has largely remained incurable and fatal.

This cancer is caused when the Mesothelium, a lining around the lungs, heart and abdominal cavities, gets affected mainly due to constant exposure to asbestos and other asbestos related products. Most common means for exposure to asbestos is by working in asbestos processing factories or by inhaling asbestos residual particles as found on clothing or building materials. With the entry of these asbestos fibers into the body through inhalation or swallowing, the healthy cells in the body immediately begin to mutate into cancer cells. Studies reveal that such an exposure, even if it is for as short as one year, can cause asbestos related diseases, especially Mesothelioma.

Statistically, there have been around 10,000 deaths in the USA due to such asbestos induced diseases. Shockingly, most of these asbestos companies were aware of the dangers and risks involved with their products but they conveniently chose to be irresponsible towards the fatal repercussions for the sake of making profits. Therefore, it becomes more than a necessity to hire special Mesothelioma lawyers in order to ensure proper financial compensation and most importantly to prevent other helpless victims from falling prey to this deadly disease. Every individual has the legal right to question the safety and condition of the work environment and also be made aware of the dangers of asbestos. A victim of Mesothelioma or even a family member of the victim has complete legal right to file a claim against these asbestos companies.

However, before taking legal steps and filing a lawsuit, it is imperative to know about this cancer, its symptoms, treatment, diagnosis and other related aspects.

There are three main types of Mesothelioma cancer and each affecting a different area of the body with its distinct symptoms—Pleural Mesothelioma affecting the lining around the lungs where cell mutation takes place thus thwarting the proper functioning of the lungs. Its common symptoms are chest pain, shortage of breath and sustained cough. The second type is Peritoneal Mesothelioma affecting the lining of the gut surrounding the stomach and the intestines eventually causing fatal tumors. Its symptoms are abdominal pain, lumps in the abdomen, bowel movement difficulties, and weight loss. The third type is Pericardial Mesothelioma affecting the sack surrounding the heart. This is the rarest form of cancer in which the pericardial sack which provides lubrication for the heart to beat properly develops cancerous tumors and plaques that causes serious and fatal health issues. Persistent cough, chest pains, shortness of breath and heart palpitations are its common symptoms. 

With the attack of Mesothelioma, Mesothelium cells begin to mutate and multiply infinitely thereby causing cancerous tumors to form that inhibit proper and stable functioning of the lungs and the heart. Mesothelioma has the ability of affecting multiple organs of the body simultaneously, often without pain or other visible symptoms. It can also invade other parts of the immune system like bone marrow, spleen, lymph nodes, mutating and disturbing healthy cells eventually causing a total system breakdown. Most of the time, these cancerous cells remain dormant for many years. In fact the first symptoms of the disease begin to appear almost twenty to thirty years after the initial exposure to asbestos. Moreover, due to this survival after the diagnosis ranges from only one to five years depending on the stage of the cancer, the age and condition of the victim. It must be said that there is no real cure for Mesothelioma and treatment could range from preventive surgery to chemotherapy or radiation. But, by the time the symptoms become visible it is already too late. X-Rays, Magnetic Resource Imagery (MRI) and Computed Axial Tomography (CAT) scans are conducted by doctors on Mesothelioma patients so as to see whether any of the various internal organs have been affected by potentially hazardous conditions. X-Rays help doctors to see through the layers of skin and the surface tissue of the organs to find out whether Mesothelioma has hit the lung and other integral cells of the body. However, this is an older method of detection is not full-proof and has been known to cost the lives of many victims. On the other hand, MRIs are more sophisticated and use high magnetic fields for detecting Mesothelioma cells because it give doctors a clear picture of the internal organs. But better than both the above methods is the CAT scan which allows doctors to get an incredibly detailed picture of the internal organs and the skeletal system because they are three dimensional X-Rays. CAT scans have been highly beneficial for doctors to find if Mesothelioma has mestastized into the bones. Doctors conduct other elaborate tests also just in case the former scans appear inconclusive. A diagnostic procedure called Thoracoscopy or Peritoneoscopy is often carried out by which a small camera is inserted in the chest or abdomen through a small incision after a local anesthesia so as to view the damage done to the organ and then take a small tissue sample for biopsy.

Usually those working in the heavy industry sectors are prone to asbestos attack. These include engineers, US Military and Navy personnel, construction workers (especially, pipe fitters and steel workers), auto mechanics, demolition workers, insulation workers, asbestos textile workers and others. Many workers in the shipyards, ore mines and even old factories still run the risk of exposure to asbestos.

Every year, many Mesothelioma patients die due to the negligence of asbestos manufacturers. The only way to seek immediate redressal is to hire an experienced Mesothelioma attorney with the understandings of the unique complexities involved in such medical cases. He or she must have thorough knowledge of this form of a litigation lawsuit and also asbestos product identification, specific asbestos related medical problems including specific time constraints within which the file can be claimed. It must be noted that as early as the 1920s, manufacturers of asbestos were well aware of the dangers that they were subjecting their employees to and that it is fatal. They refused to choose any alternative substances in spite of their being available in the market at the time and ultimately quite inhumanly, if one may say so, chose profits and gains over human health preservation. Because of such unethical behavior, asbestos manufacturing companies are held hugely responsible for causing the death of many due to Mesothelioma and other asbestos related illnesses. Only the filing a legal lawsuit can take these criminals to books and the friends and family of the victim can seek compensation with which lost wages, medical bills, funeral expense, traveling expenses related to medical treatments and also those expenses that are not covered by the medical insurance.

It is very important to have all medical and financial documents and records in place so that they can be shown when required at any stage of the legal procedures.

To regulate household and occupational asbestos exposure and thus protect people from such hazardous substances, the sate and federal governments have established the Asbestos Law which allows for compensation for the aggrieved party. There are different types of lawsuits for asbestos disease cases. A wrongful death suit can be filed if a family member passes away due to any asbestos related disease. Again, the victim suffering from the asbestos related disease like that of Mesothelioma must file a suit himself in case of a personal injury claim. However, the specific rights in these lawsuits are dependent on the county and the state in which these cases are being filed. Even though in most cases legal battles are mainly fought between employer and employees over an asbestos related disease, other groups have rights and claims as well. If the spouse or any other member of the family worked in asbestos using firm and an asbestos related disease has spread to another member of the family, then the patient has a right to file a case. Clothing and hair easily attach asbestos on them while traveling so it’s always pretty easy to track the asbestos home after work. Thus, it is deemed essential that one employs a highly skilled Mesothelioma attorney so that a successful file can be charged against the corporation in an asbestos case. However, one must not forget that the party who is being sued also has the right, legally, to disprove the case that is being filed against him. The contacts of a Mesothelioma lawyer with that of other human and workers’ rights organizations could be used quite effectively in such asbestos related illnesses like Mesothelioma. These organizations include—Occupational Safety and Health Administration, National Transportation Safety Board, AFL-CIO as well as the Federal Railroad Administration.

An experienced Mesothelioma attorney needs to assess the victim’s legal situation against the local, federal and state regulations in keeping with the historical standards like that of the Safety Appliance and Boiler Inspection Act. He must be able to give a well judged opinion as to whether the case should be heard in the form of a jury trial. On account of the professional legal presentation of data about the negligence of the asbestos industry coupled with the statistics of those affected by such diseases, jury trials in most of the cases rule on the plaintiff’s side and also award higher damages than those that are received in the out-of-court settlements. The more familiar a lawyer is with asbestos exposure, the better can the lawyer prove the victim to be unaware of the fatal repercussions of asbestos exposure and therefore, quite lawfully deserves a fair compensation. This ‘fair’ compensation should be enough to take care of medical bills, psychological support for the affected family, skilled nursing and other miscellaneous expenses incurred in the process. A Mesothelioma lawyer has huge expertise to analyze, enlist the possible suspects and then file the case for the victims to claim their rightful compensation.

A Mesothelioma lawyer must be completely aware of the asbestos-exposed victim’s needs like reputation, proximity, convenience of time of meetings and also rate. Only then can a trust and comfort be developed between both parties thus ensuring an open, free and healthy communication and also timely. It is usually the plaintiff that owns the case and it is therefore important to consult the lawyer before taking any kind of legal decision. Further, one must be cautious of over confident lawyers and attorneys who try to convince their clients that the case can most “definitely” be won as it is not possible to guarantee any such decision with any kind of lawsuit. But, only a well informed, experienced, intelligent and skilled Mesothelioma lawyer can provide solid arguments and a better opportunity for winning the case for the Mesothelioma victims. Before appointing such a lawyer it is also advisable to consider the lawyer’s proven track record, aggression on court and fee structure. At the initial stage, Mesothelioma lawyers provide consultation over the status of the case and chances of winning compensation, free of cost. The Houston or California Mesothelioma lawyers charge on the basis of the contingency fee structures. This means that a small percentage of the compensation amount is paid only when the attorney wins the case and is able to acquire the rightful compensation.

It was in the year 1966 that the first asbestos caused Mesothelioma lawsuit was filed in the United States in Beaumont, Texas. However, the case was lost immediately after a co-worker of the man who filed the first lawsuit filed one as well. This man was awarded $80,000 when he won. Many others who were affected by asbestos induced Mesothelioma also filed lawsuits after this incident. Soon as the litigation continued from this first case through the 1980s and 90s, more and more lawyers began to represent Mesothelioma victims, those induced by asbestos. Thus, it can be said that there were “mass settlements”. More and more companies began to get sued for negligence and complacency. In fact, records suggest that many managers of such asbestos companies had decided to “pay off” their employees if they contracted the cancer caused by the asbestos from their own factories. Obviously, this was not a good thing for these companies but they were able to save on transaction costs that also include lawyer’s fees and defense fees. Moreover, it became difficult for these companies to evaluate each and every claim thoroughly. Therefore, weaker cases easily made it through and received proper compensation when they might have had to lose to a one-on-one lawsuit. But at the same time, stronger cases that would have been awarded more in a one-on-one lawsuit got comparatively very less payment.

Let us look into certain Mesothelioma cases that took place in the last two or more decades in America:-
In June 1982, one of the biggest portions of the asbestos litigation history took place. The Johns-Manville Corporation opened in 1958 and they manufactured building and fireproofing materials. In June 1982, they filed for the Chapter 11 Bankruptcy with which they were able to suspend all personal injury lawsuits that could be filed against them. Again, in the same year, a retired boiler maker of Unarco, James Cavette won $2.3 million dollars as compensation coupled with $1.5 million dollars for punitive damages in spite of Unarco filing for bankruptcy. Unarco was a company that manufactured Unibestos which was sold in 1962 to Pittsburg Corning.

In 2004, a boiler room worker with the Navy for 10 years became victim of Mesothelioma after being frequently exposed to asbestos. He filed a suit against Asbestos Corporation Limited who is the former owners and operators of several asbestos mining companies all over Canada. The plaintiff received $1.1 million dollars as compensation along with his wife who was awarded $400,000 dollars for the loss of companionship. An additional $10 million dollars was also awarded to them because of the defendant’s action of “oppression and malice”.

The first case ever filed against Copeland Refrigerator Company was filed by James Morrison who worked as an HVAC mechanic in the 70s and 80s in California. A lifelong non-smoker, James, at 52 is a terminally ill victim of Mesothelioma. On March 8th, 2006, James was awarded $5,150,000 dollars as compensation.

In the 1990s there was a lull in the number of asbestos related lawsuits that were filed. Many of the businesses who had filed for bankruptcy had gone out of business altogether. Also many of the Mesothelioma victims had died. However, with the rising popularity of the Internet, lawyers began to get in touch with people who suffered from asbestos induced diseases. Thus these lawyers had a completely different set of targets now. Companies who were not directly involved with the harmful and damaging asbestos began to be drawn in for a completely different line of action of dealing with such lawsuits. For example, the companies that produced the materials and also the company owners who had purchased firms that had once been used for the manufacture of asbestos related materials.

Even in Australia there have been around 2000 to 3000 cases of Mesothelioma victims every year and the numbers of reported cases have significantly increased in the past 20 years. In Western Australia, a type of commercial asbestos mining took place between 1945 and 1966. For a study, a group of miners of this region were tracked down and it was found after 10 years that there were no deaths resulting from Mesothelioma. However, just nine years later, in this evaluated group, there were 85 deaths all due to Mesothelioma. Another decade later, the death of miners due to Mesothelioma in the region of Western Australia rose to a shocking record of 539 deaths.

The first lawsuits brought against employers and manufacturers of asbestos in Australia were filed as early as 1929. It was, however, in 1960 that an article revealed asbestos to be the main cause of Mesothelioma. The article spoke of over 30 case studies of people suffering from Mesothelioma in South Africa. In Western Australia, where the study of the miners was conducted, it was found that mine waste from asbestos was used to cover the schoolyards and playgrounds. The mine here, continued to pump out these harmful chemicals oblivious to the dangers that they were subjecting the people living in these areas to. In 1965, the British Journal of Industrial Medicine revealed in an article that people who lived near asbestos mining areas but did not work in the mine also contracted Mesothelioma induced by asbestos. 
The average Mesothelioma case is settled at approximately 1 million dollars. But if the lawsuits go to the courts, the settlement goes up to as high as 6 million dollars. Thus, companies are terrified of the cases filed against them and at the same time the families of the victims realize that their loved ones would not be around long enough to enjoy the benefits of the compensated amount. Moreover, the sued companies are wary of class action and also of the individual cases as shown above. They are trying to stop these class action cases that are often accompanied by Mesothelioma activists fighting for the rights of the Mesothelioma patients against these companies along with the Mesothelioma attorneys. These companies believe that their resources should be reserved for the settlement of those who suffer from malignant Mesothelioma. They also argue that victims which have damaging but not malignant Mesothelioma conditions must be entitled to little or no compensation.

Even now, many cases of Mesothelioma are still left undecided and take years to reach a conclusive decision. The legal procedures are developing and serious thought and action is being given to the cause of Mesothelioma and other asbestos related diseases.