Buyers Beware of Asbestos

Buyers Beware of Asbestos

Asbestos is not part of the ASTM (American Society for Testing and Materials) E 1527-05 Phase I Environmental Site Assessment (ESA). A Building Survey for Asbestos is an out-of-scope consideration under the industry standard ASTM 1527-05 Phase I ESA (see ASTM E 1527-05).
ASTM Standard E 2356-04 should be consulted by the owner or owners' agent to determine which type of asbestos building survey is appropriate, typically either a baseline survey or a design survey of functional areas. Both types of surveys are explained in detail under ASTM Standard E 2356-04. Typically, a baseline survey is performed by an EPA (or State) licensed asbestos inspector. The baseline survey provides the buyer with sufficient information on presumed asbestos at the facility; often this leads to reduction in the assessed value of the building (due primarily to forthcoming abatement costs). Note: EPA NESHAP (National Emissions Standards for Hazardous Air Pollutants) and OSHA (Occupational Safety and Health Administration) Regulations must be consulted in addition to ASTM Standard E 2356-04 to ensure all statutory requirements are satisfied, ex. notification requirements for renovation/demolition.
Asbestos is not a material covered under CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act ) Innocent Purchaser Defense. In some instances, the U.S. EPA includes asbestos contaminated facilities on the NPL (Superfund). Buyers should be careful not to purchase facilities, even with an ASTM E 1527-05 Phase I ESA completed, without a full understanding of all the hazards in a building or at a property, without evaluating non-scope ASTM E 1527-05 materials, such as asbestos, lead, PCBs, mercury, radon, et al. A standard ASTM E 1527-05 does not include asbestos surveys as standard practice.

Asbestos Law Heard by U.S. Supreme Court

Asbestos-related cases increased significantly on the U.S. Supreme Court docket after 1980. The Court has dealt with several asbestos-related cases since 1986. Two large class action settlements, designed to limit liability, came before the Court in 1997 and 1999. Both settlements were ultimately rejected by the Court because they would exclude future claimants, or those who later developed asbestos-related illnesses. Mesothelioma lawyers, victims, and advocates rejoiced over this ruling.
The Amchem Products v. Windsor et al and Ortiz v. Fireboard Corp. rulings addressed the 20-50 year latency period of serious asbestos-related illnesses such as asbestos cancer and mesothelioma..

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Well Claimants Clogging System

Well Claimants Clogging System

The American Bar Association states that a growing number of claimants do not, and may never, suffer from asbestos diseases. Because of the fear of a running statute of limitations, many people that are not presently ill file asbestos claims and have had X-rays that show changes 'consistent with' asbestos disease. This 'now or never filing', often pushed by less than experienced mesothelioma lawyers, is clogging the courts and delaying seriously ill claimants from having their cases heard.
To alleviate this problem, for asbestos law the ABA recommends that:

1. A clear standard of impairment be implemented.
2. The statute of limitations does not start ticking until a person actually becomes ill.

Asbestos Claims 10,000 a Year

According to the Environmental Working Group Action Fund, 10,000 people a year die from asbestos-caused diseases the United States, including one out of every 125 American men who die over the age of 50. Despite this, the Environmental Protection Agency (EPA) has no general ban on the use of asbestos. However, asbestos was one of the first hazardous air pollutants regulated under Section 112 of the Clean Air Act of 1970, and many applications have been forbidden by the Toxic Substances Control Act (TSCA).
According to the September 2004 issue of the American Journal of Respiratory and Critical Care Medicine, asbestos is still a hazard for 1.3 million US workers in the construction industry and for workers involved in the maintenance of buildings and equipment.
A Senate Subcommittee of the Health Education Labor and Pensions Committee heard testimony on July 31, 2001, regarding the health effects of asbestos. Members of the public, doctors, and scientists called for the United States to join other countries in tougher asbestos law to ban the product.

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Verdict or Settlement

Verdict or Settlement

Most cases settle before there is any actual trial testimony in court, but often a jury has to be picked and be ready to hear the case before there is a settlement (the composition of the jury can effect the settlement value of the case).

If the case goes to trial and the jury renders a verdict, it doesn't necessarily mean that the lawsuit is over.  Either side can file an appeal, claiming that the jury found against them because of a mistake made by the judge at the trial. Cases often settle while they are on appeal as well.

Payment of Compensation

In asbestos litigation, settlement payments often take place months after the settlement is agreed to. Some payments come in several months after the settlement is reached, some payments will be more than a year later and some settlements can be paid in more than one payment.

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Two Types of Mesothelioma Lawsuits:

Two Types of Mesothelioma Lawsuits:
Mesothelioma lawsuits are divided into two categories:

1. The person suffering from mesothelioma is living and is bringing the lawsuit as a plaintiff in his or her own individual capacity. This is called a personal injury lawsuit or a living case.
2. The victim of mesothelioma has died, and the plaintiff is a spouse, relative and/or representative of the deceased person's estate. This is called a wrongful death lawsuit or death case.

The laws and procedures that apply to the two different types of asbestos lawsuits can be quite different, depending on what jurisdiction the case is filed in.

In the case of the living plaintiff, the most important factor is time. The mesothelioma attorney will come to the plaintiff's home and gather the information necessary to file the lawsuit and answer the interrogatories. This will probably take several sessions. Then, in most cases, there will be one or two depositions of the plaintiff, depending on what the local procedures are.

In the case where the person who would normally be the plaintiff is deceased, a court-appointed individual (usually the spouse or a close relative) stands in as the plaintiff, and the injuries claimed include the loss of life itself. The most important part of a death case is finding persons who remember working with the plaintiff, to provide the work history and product exposure testimony that the deceased individual (called the decedent) would have provided were he or she still living. The interrogatory answers are done and signed by the plaintiff, and that person may or may not have to give a deposition. Sometimes the co-workers must give depositions as well. As in the living case, at that point the lawyer takes over and prepares the case for trial.

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The Discovery

The Discovery

Once the lawsuit is begun by filing the complaint, the plaintiff's mesothelioma attorney and the defendants' attorneys can engage in discovery, where each side learns facts available to the other side. This information is provided in three forms:

1. The plaintiff answers a standardized set of written questions (called interrogatories) that must be answered in writing, under oath, with the assistance of the plaintiff's mesothelioma lawyer.
2. The plaintiff must sign written authorization for the defendant to obtain the plaintiff's medical records directly from the hospitals or doctors that have given the plaintiff medical treatment. Often, there are also authorizations to obtain Social Security records indicating where the plaintiff has worked, and the plaintiff's military records, if any.
3. Often, the most critical item of discovery is called the deposition. In their home or in a lawyer's office, the attorneys for the asbestos companies are permitted to directly ask the plaintiff questions. The plaintiff, who will always have his or her mesothelioma attorney present, must answer the questions (unless they are improper, in which case the plaintiff's lawyer will object and instruct the plaintiff not to answer) under oath. There will be a stenographer present, who will make a typewritten transcript of all the questions, answers, objections and so forth. Sometimes, the plaintiff's own attorney will be asking the questions, in order to preserve the plaintiff's testimony. Often, these types of depositions are recorded on videotape, to be played at trial.

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Each defendant then has a certain amount of time

Filing an Answer

Each defendant then has a certain amount of time (usually thirty days) to file a document known as an answer. The answer will contain statements that either admit or deny (the important allegations are always denied) the allegations contained in the complaint. The answer will also contain any affirmative defenses that the defendant wishes to assert, and these will be in the form of allegations.
For example, the defendants in an asbestos case may allege (make an allegation) that the plaintiff did not file his or her lawsuit before the deadline (called the statute of limitations) established by law.
The burden of proof in an asbestos lawsuit is a "preponderance of the evidence," which essentially means that the party (the plaintiff and defendants are called "parties") with the burden of proving the truth of an allegation must prove it more likely than not that the facts contained in the allegation are true. Each party has the burden of proof on its own allegations. So the plaintiff has the burden of proving the facts alleged in the complaint and denied in the answer, and the defendant has the burden of proving the facts alleged in the affirmative defenses.

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Understanding Asbestos Lawsuits

Understanding Asbestos Lawsuits

If a person believes that he or she has been injured by the misconduct of another person or company, that person can seek compensation for the injury from the person or company they believe is responsible by filing a lawsuit. The person seeking compensation is called the plaintiff. The person or company that compensation is being sought from is called the defendant.
If the plaintiff has been wronged by the misconduct of more than one person or company, then the plaintiff must sue more than one defendant. Asbestos cases will sometimes have as many as forty or more defendants, because the plaintiff may have been exposed, over the course of his or her career, to asbestos products made by many different manufacturers.

Asbestos Law Procedure

The lawsuit begins when the plaintiff's mesothelioma attorney files a document called a complaint in court. The complaint will identify all the defendants, contain statements called allegations (because they have not yet been proven to be true in a court of law) of what the defendants did wrong, and detail how that wrongful conduct has harmed the plaintiff. Copies of the complaint are served, or delivered, to each defendant, to put them on notice that they are being sued.

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There a number of asbestos laws and regulations

There a number of asbestos laws and regulations that pertain to mesothelioma litigation. Of course, your mesothelioma lawyer is primarily responsible for understanding and interpreting the legislation and rules pertinent to your particular case. However, having a basic understanding of the hurdles and possibilities related to your asbestos lawsuit is certainly beneficial. To learn more about a particular facet of mesothelioma law, please click one of the links below:

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Filing a Mesothelioma Lawsuit

Filing a Mesothelioma Lawsuit

To start the process of seeking compensation for a mesothelioma client,  begins with a brief introductory meeting. During this meeting, an attorney from  will outline the various steps of the legal process; address any questions or concerns you may have related to the legal process; and discuss the ways in which a mesothelioma client has been exposed to asbestos.
After this introductory meeting,  will work on your behalf to collect all diagnosing medical reports from the medical facilities where you were treated. Before a mesothelioma lawsuit is filed,  performs a thorough work history investigation of the diagnosed party.  will collect work history records, including, union records, military service records and other documents to substantiate employment history. In addition to interviewing the mesothelioma client,  will also identify any potential family members, co-workers, and other product identification witnesses who can assist in providing details about the work history and potential asbestos exposure in the case.
After we have completed a thorough product identification and work history investigation, our next step is to identify potential recoveries through asbestos trusts. A number of companies have admitted past asbestos liability and have set up asbestos trusts to compensate mesothelioma clients who present qualifying claims.  is familiar with these asbestos trusts and their requirements for successful claims submission. For the most part, compensation through these trusts happens relatively quickly assuming your particular case meets each trust’s exposure criteria.
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Types of Mesothelioma

Types of Mesothelioma

In addition to the most well-known types of mesothelioma which are pleural mesothelioma, peritoneal mesothelioma, and pericardial mesothelioma, there are several other types of this cancer that may help medical researchers to better understand how the cancer forms and what may be done about it. The formation of these tumors and cysts, how they differ from each other, and why they don’t always become malignant all offer scientists invaluable information in their efforts to learn more about mesothelioma as well as other forms of cancer.

Adenomatoid Tumors

• Known to develop in reproductive organs of both men and women
• When present they are usually found in the male epididymus and testes
• In females, these benign tumors are usually found in the fallopian tubes
• Also known to occur in the pancreas

Benign Cystic Mesothelioma

• These tumors form in the mesothelium of female reproductive organs
• High rate of recurrence after surgical removal
• Commonly treated with hormonal therapy

Benign Fibrous Mesothelioma

• Benign tumors that can develop in the pleura of the lungs
• Found more often in men
• Symptoms include shortness of breath, chest pain, chronic cough
• Reoccurs in ten percent of patients

Solitary Fibrous Tumor of the Peritoneum

• Benign or malignant tumors that can form in the peritoneum of the abdomen
• More common in women than in men
• Usually found in older people

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Mesothelioma Risk Factors

Mesothelioma Risk Factors

People who run the largest risk of mesothelioma have worked in industries where asbestos was processed, mined, or used in manufacturing. Since asbestos was used in a wide range of applications before the hazards of the substance were discovered, millions of people working in industries as diverse as auto parts, fire resistant materials processing, textiles, mining, roofing shingles, insulation, and many more have been exposed. The fact that it may take as long as 50 years for symptoms of mesothelioma to appear further complicates early diagnosis and treatment and cases have occurred where the victim has had no apparent exposure to asbestos at all.

Options for Mesothelioma Victims

Surgery, radiation treatment, and chemotherapy are the most common forms of treatment but the cancer’s location in the body and the stage of the disease often dictate what types of treatment will be administered. But mesothelioma treatment can be very expensive and insurance generally does not cover every diagnostic and remedial procedure.
Victims have few options to help cover their medical expenses but if you or a loved one has been diagnosed with this disease, you may be able to get the financial help you need by contacting an attorney specializing in mesothelioma law. This website is dedicated to providing the most thorough and current information about mesothelioma and mesothelioma law to help victims and their families gain a better understanding of the disease as well as their legal options.

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Mesothelioma Law

Mesothelioma Law

A rare form of cancer usually caused by exposure to asbestos dust or fibers in the workplace, mesothelioma affects thousands of people each year all over the world. One of the many devastating aspects of the cancer is that by the time it can be correctly diagnosed, the cancer has usually progressed to an advanced stage when medical options for treating it are limited. Legal professionals specializing in mesothelioma law have been helping families for years to get the financial help they need to pay for medical expenses and if you or a loved one is a victim of mesothelioma, this site will provide information about your options as well as provide an overview of mesothelioma law.

What is Mesothelioma?

Mesothelioma is a cancer that forms in the body’s mesothelium, a membrane that covers most internal organs. Depending on the location in the body, the mesothelium can have different names: In the abdomen, it is called peritoneal mesothelioma. Pleural mesothelioma affects mesothelial tissues in the lungs and chest. In the initial stages, the mesothelial cells develop abnormalities and multiply and if left undiagnosed, it can spread to other locations in the body.
Symptoms depend on the cancer’s location in the body but may include chest pain, shortness of breath, fever, anemia, abnormal blood clotting, obstruction of the bowel, abdominal pain, and others. Correct diagnosis involves a minimally invasive procedure to collect tissue samples for a biopsy which are sent to a pathologist for analysis.

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