Mesothelioma and Asbestos Lawsuits
Starting the mesothelioma lawsuit process can be difficult, especially when undergoing treatment or grieving for the loss of a loved one. Finding a lawyer who understands the process and will work with your situation can give you a refreshing sense of freedom so you can focus on recovering and spending time with family.
It is important to begin the asbestos lawsuit process right away, as every state has its own deadlines and statutes of limitations that can prevent you from getting compensation if you wait too long.
Types of Mesothelioma Lawsuits
There are two primary types of mesothelioma claims that can be filed: personal injury and wrongful death. Which type of complaint gets filed depends on whether the mesothelioma victim is still alive and who is filing the lawsuit. An experienced mesothelioma lawyer can help you understand which type of asbestos lawsuit you will need to file based on your individual situation.
Personal Injury Lawsuit
- Submitted by the patient after receiving a mesothelioma diagnosis.
- Filed against the company (or companies) responsible for the asbestos exposure leading to the disease.
- Claims specific damages due to illness caused by asbestos exposure.
- Allows the patient to recover money for treatment, travel, lost income, pain and suffering, and related costs.
Wrongful Death Lawsuit
- Submitted by surviving family after someone dies from mesothelioma.
- Filed against the company (or companies) responsible for the asbestos exposure that led to death.
- Claims specific damages related to the death of the individual.
- Allows family to recover money related to outstanding medical bills, funeral expenses, lost income potential, loss of consortium, and related costs.
Individual Lawsuits, Class Actions and Multidistrict Litigation
Some people may wonder whether their mesothelioma case will be handled individually, or as part of a mass tort such as a class action or multidistrict litigation. Your lawyer will advise you about which type of lawsuit is right for your specific situation.
Individual Lawsuits – These generally involve a single plaintiff who files suit against one or more companies over an illness related to their individual exposure to asbestos. Each side files motions and presents their evidence to a judge, ultimately being resolved either when both sides reach a settlement or the trial jury reaches a verdict.
Class Action Lawsuits – Class actions involve a person or group of people filing a lawsuit on behalf of everyone who is “similarly situated.” Classes can include anywhere from a few hundred to millions of people, and each person can decide whether to remain as part of the class action or opt out. While class actions have been filed over the years, most asbestos lawsuits are either individual or part of a multidistrict litigation.
Multidistrict Litigation (MDL) – This process allows people to file individual claims using a process that regularizes similar complaints and develops efficient procedural guidelines, allowing courts to handle more cases without lumping all plaintiffs into a single class. The primary MDL handling mesothelioma cases is MDL 875, In re: Asbestos Products Liability Litigation, which is managed by the Eastern Pennsylvania District of the United States District Court and which has included more than 186,000 cases since it was formed in 2006.
Lawsuit Process
While every mesothelioma lawsuit is different, there is a succession of steps that every case will need to follow.
Step 1: Free Consultation
Before filing a lawsuit for your mesothelioma diagnosis, we will meet with you for a free consultation to talk about the various parts of the process. This will give you an opportunity to ask any questions you might have or go over any concerns about the legal process.
This free consultation gives us an opportunity to understand more about the way that you or your loved one might have been exposed to asbestos. We’ll also discuss your medical history, including your diagnosis, with respect to mesothelioma and other asbestos-related diseases.
Step 2: Research Work & Medical History
Once the initial consult is completed and you choose to pursue a lawsuit, our experienced mesothelioma lawyers will start collecting data to help build your case, including:
Medical reports from facilities where you (or your loved one) were treated for mesothelioma
Employment history, military service records, union membership, and other documents that support your employment history
Statements from witnesses such as co-workers, family members, friends, and product-identification specialists
All of this information will help us build your case to make it as strong as possible.
Step 3: Asbestos Trust Recovery
Once we have collected all the necessary information, we will investigate the possibility of receiving compensation from an asbestos trust fund. These trust funds are created by companies who have previously admitted liability for asbestos-related damages, and if your situation matches one or more trusts’ exposure criteria, it’s possible you will be able to receive remuneration quickly.
Our attorneys are very familiar with asbestos trust requirements, and we have successfully submitted many claims on behalf of our clients who qualify.
Step 4: Other Recovery Options
Not every company that makes or has made products containing asbestos has a trust. Therefore, after evaluating the potential for compensation through asbestos trust funds, we will also assess whether your case may merit an action against any companies who have not yet fully admitted their asbestos liability. Over the course of one to two months, our attorneys will look at the various options available and provide guidance about the best course of action based on your individual case.
Step 5: Choosing the Complaint Venue
Before filing a complaint, it’s extremely important to choose the most appropriate venue. Which venue is best for your lawsuit can be affected by a number of different factors, such as:
Calendars and scheduling concerns
The process timeframe
Settlement and verdict history
Local and state laws
Mesothelioma lawsuits may be filed in any forum where a client has lived, worked, or served in the military. There are also a number of “open forum” states that may allow filing, if no other suitable venue is readily available.
Step 6: Filing the Lawsuit
Once the venue is determined, we will file a formal complaint on your behalf. The complaint will detail a number of legal causes of action against the asbestos company (or companies) that are likely culpable in causing or contributing to the mesothelioma diagnosis at the heart of the suit. The number of defendants (companies) named in the initial complaint will depend on both the type of mesothelioma that the victim was diagnosed with and the amount of exposure that person experienced.
Step 7: Discovery Phase
Upon filing the lawsuit, the legal process will move to the discovery phase, where lawyers on both sides will present information in an effort to either support the complaint (plaintiff) or undercut it (defendant). During this period, both sides will file various motions, usually with the intent of trying to reach some kind of financial settlement before the case goes to a full trial.
In most cases, the lawsuit will never reach the next stage of the legal process. Instead, most complaints will be settled before getting to trial. On the rare occasion that a mesothelioma lawsuit does go to trial – which will only happen with your consent – our attorneys have the experience, knowledge, and competence to see it all the way through.
Source : https://www.mesothelioma.com
Mesothelioma Risk Factors
What are the risk factors for malignant mesothelioma?
There are several risk factors that increase the likelihood that a person will develop mesothelioma. The primary risk factor is asbestos exposure. Exposure to this very harmful substance can significantly enhance the chances of contracting the disease. While smoking does not have a direct causal relationship with mesothelioma, it is a significant compounding factor that increases the likelihood of developing the disease. Other less common secondary factors include exposure to radiation, zeolite, simian virus 40 (SV40), and erionite. Each of these risk factors is discussed in more detail below. Please click on the individual links to learn more about each mesothelioma risk factor.
Most Common Mesothelioma Risk Factors
Exposure to asbestos is the leading risk factor associated with mesothelioma. Asbestos is an insulating material comprised of magnesium-silicate mineral fibers. It was favored by builders and contractors for many years for its low heat conductivity and resistance to melting and burning. Since researchers have identified more and more links between mesothelioma and exposure to asbestos, the material is now less widely used. Prior to this discovery, however, millions of Americans have experienced serious exposure to this harmful substance.
Smoking alone is not linked to mesothelioma, but smokers who are exposed to asbestos have a much higher chance of developing asbestos lung cancer (as much as fifty to ninety percent higher) and as much as double the risk of developing mesothelioma.
Source : https://www.mesothelioma.com
Mesothelioma Cancer Centers
Anyone whose life has been touched by mesothelioma understands that it is necessary to locate the best care available for this rare form of cancer which often proves difficult to treat. Finding excellent doctors and other medical professionals who are noted experts in their field and who specialize in mesothelioma is essential to ensuring the most favorable outcome.
Most of the major cancer centers and clinics in the United States that are devoted specifically to mesothelioma care offer the latest and most advanced treatment options available for managing the disease. In addition, these centers employ physicians who are involved in the latest research and who stay abreast of new and emerging treatment protocols. The medical approaches of these physicians provide the best opportunities for extending a patient’s life expectancy and improving overall quality of life during the fight against asbestos-caused cancer.
Finding a Mesothelioma Clinic/Cancer Center
Those who live in large cities are often fortunate enough to have a major cancer center located in their proverbial backyard. Many of these cancer centers can be found at the nation’s leading universities. This makes mesothelioma treatment convenient for many, with little travel required for doctor’s appointments, treatments, or hospital stays.
Others are not so fortunate. mesothelioma patients who live in rural areas or away from large cities may be required to travel in order to find the best care available for their disease. Most of these cancer centers understand that many patients travel quite a distance to take advantage of their services and they are eager to assist the patient and their family in making their visit(s) to the hospital as easy as possible.
Hence, these cancer centers employ helpful staff members that can assist with issues like long-term or short-term housing for patients and their families, especially for those who will remain in that location for treatment for an extended period of time. Most also provide other essential information for family members who will be staying with the patient including info on public transportation, dining, shopping, and more.
In most cases, these cancer centers also offer emotional and spiritual support for patients and families, including those nearby and those who’ve traveled many miles to take advantage of the top-notch services available at their institution.
National Comprehensive Cancer Centers
The National Comprehensive Cancer Network® (NCCN) has bestowed Comprehensive Cancer Center designation on those medical facilities that have demonstrated excellence in cancer care. Today, the NCCN alliance includes 21 of the nation’s best cancer institutes, working individually and together to eradicate cancer and promote programs that further cancer prevention. An estimated 160,000 new patients receive care at these member centers in any given year and many firsts have happened at these facilities through the years.
For example, NCCN member institutions were the first to devise the multi-disciplinary approach to cancer treatment, organizing teams of doctors from different specialties who would all work together to design treatment protocols for each individual patient that walked through the doors of their facility. In addition, NCCN offers guidelines for cancer care to non-member medical institutions who wish to duplicate their models for care.
Seeking treatment at one of these NCCN facilities means that patients will have the opportunity to consult with some of the best mesothelioma experts available and will receive cutting-edge care that includes the latest in treatments designed to fight asbestos-caused cancer. These centers are located across the country, mostly in major U.S. cities.
NCI-designated Cancer Centers
Since the 1970s, the National Cancer Institute, a division of the U.S. government’s National Institutes for Health, has been bestowing their designation upon those institutions that have been recognized for their scientific excellence; specifically, for their diagnosis and treatment of individuals with all types of cancer as well as for their development of more effective approaches to cancer prevention. NCI designation is voluntary; hospitals must apply for the designation.
The National Cancer Institute recognizes both Cancer Centers and Comprehensive Cancer Centers, the designation solely based on the type of grant received from the NCI. (There is no difference between the two as far as the quality of care offered.) Currently, there are 65 NCI-designated Cancer Centers throughout the U.S., including 58 that offer patient care and seven that conduct research only.
A visit to any NCI-designated center means patients will have access to some of the best mesothelioma doctors in the world, such as Dr. David Sugarbaker of Boston. These facilities also offer some of the most advanced treatment options available including mesothelioma brachytherapy, immunotherapy, gene therapy and mesothelioma photo-dynamic therapy. Many also conduct ongoing clinical trials that test new drugs or therapies for mesothelioma.
Cancer Clinics for Veterans
Because veterans - especially U.S. Navy vets - represent a large number of individuals who suffer from mesothelioma, there are numerous facilities that cater to their care. These facilities understand the needs of the veteran and his family and sympathize with the plight of the veteran who has been diagnosed with asbestos-caused cancer. In addition, these veteran-specific facilities can help vets determine what kind of services they are entitled to receive - often without charge - and also provide programs for spouses and other family members who need support through this difficult journey.
Source : https://www.mesothelioma.com
Mesothelioma Diagnosis
Doctors use a variety of tests to diagnose mesothelioma, including imaging scans, blood tests, biomarkers, and biopsies. Early detection is the best way to improve your chances of survival. If you have been diagnosed with mesothelioma, connect with a specialist who can help you create a personalized treatment plan.
Understanding Your Mesothelioma Diagnosis
If you or a loved one has been diagnosed with mesothelioma, you may have many questions running through your head:
How did I get this terrible disease?
Should I get a second opinion?
What does this diagnosis mean for me, my family, and others that I care about?
Could I have been misdiagnosed?
How will I be able to pay for treatments?
These and similar questions are perfectly natural. The best way to get information about your specific situation is to connect with a mesothelioma doctor who can answer your questions.
How Mesothelioma Is Diagnosed
In most cases, cancer specialists will approach a mesothelioma diagnosis by first testing to see if another, more common disease is causing the symptoms. As part of this process, the doctor will obtain a full medical history from the patient, which may include asking about any exposure to asbestos.
From there, the doctor will usually perform a series of tests, such as imaging scans and blood tests. If these initial tests indicate a potential for mesothelioma, a biopsy will be taken. A biopsy procedure is the only test that can positively confirm a mesothelioma diagnosis.
The Importance of Early Detection
Mesothelioma has a poor prognosis. However, many studies of the disease have shown that early detection and diagnosis can significantly improve the chances of survival. Catching mesothelioma before it spreads can increase the effectiveness of treatments, as well as open opportunities to try more aggressive treatments that might not otherwise be available.
As a result, much of the research and development around mesothelioma has focused on improving detection and diagnosis of the disease. This includes recent developments of new biomarker blood tests, which can detect the presence of substances that indicate mesothelioma may be present in the body.
How Doctors Diagnose Mesothelioma
There are three main types of tests used to diagnose mesothelioma: imaging scans, blood tests, and biopsies. Doctors typically perform the least invasive tests first, followed by more involved tests if they are warranted.
Imaging Scans
Icon Imaging Scans
Diagnostic imaging tests, like X-rays, CT scans, and MRIs, help doctors obtain information about the cancer, including how far it has progressed. Each method has its benefits and limitations.
X-ray
X-rays are commonly used to diagnose many conditions, illnesses, and injuries. They can be particularly helpful in finding fluid in the lungs, often an early sign of mesothelioma.
CT-Scan
Computer Tomography (CT) scans provide a series of X-ray images to form a 3D image, allowing tumors to be spotted more easily.
MRI
Magnetic Resonance Imaging (MRI) scans provide a 3D model with much higher resolution than other imaging methods. This can be helpful in diagnosing metastasis (spreading) of the mesothelioma.
PET Scan
Positron Emission Tomography (PET) scans use a radioactive isotope injection that can be viewed by the scanner. PET scans can help distinguish benign versus malignant tumors.
Blood Tests and Biomarkers
In recent years, a number of blood tests have been developed to identify substances in the blood that can point to the presence of mesothelioma cancer cells. The presence of these substances, known as biomarkers, do not always indicate a mesothelioma diagnosis, but they can provide useful information that can demonstrate a need for a biopsy. Biomarker tests are also known as “assays.”
Biopsies
A biopsy is an important diagnostic procedure recommended by doctors for patients presenting with signs and symptoms of mesothelioma who have a history of asbestos exposure. Some biopsies can be minimally invasive (e.g., fine-needle aspiration) while others can involve a major surgical procedure (e.g., thoracoscopy).
The general purpose of a biopsy is to obtain a sample of the cancerous tissue. This tissue is then examined under a microscope by a histologist, who can determine whether the tumor is mesothelioma, some other cancer, or another disease altogether.
Needle
The least invasive way to obtain a biopsy is through fine-needle aspiration, which draws fluid containing the cancer cells to be studied. In many cases, needle biopsies are insufficient to gather enough tissue for analysis.
Types of needle biopsies:
Thoracentesis
Paracentesis
Pericardiocentesis
Camera-Assisted
Through minimally invasive surgery, doctors can use a small tube with a camera in it to view and retrieve sample tissue from the patient.
Types of camera-assisted biopsies:
Thoracoscopy
Laparoscopy
Mediastinoscopy
Surgical
Depending on the location of the tumor, a needle or camera-assisted biopsy may not be possible. In such cases, obtaining a biopsy may require an open surgical procedure to gather a tissue sample for study.
Types of surgical biopsies:
Thoracotomy
Laparotomy
Mesothelioma is Commonly Misdiagnosed
Mesothelioma is often misdiagnosed, at least initially, partly due to the fact that many mesothelioma symptoms resemble the symptoms of other diseases. Also, because mesothelioma is so rare, doctors may be more inclined to diagnose a more common disease first, thereby delaying treatment. Misdiagnosis can differ depending on the type of mesothelioma a person has. The table below provides common misdiagnoses based on mesothelioma type.
Pleural
Pneumonia
Emphysema
Asthma
Bronchial infections
Chronic Obstructive Pulmonary Disease (COPD)
Adenocarcinoma and other lung cancers
Peritoneal
Irritable Bowel Syndrome (IBS)
Crohn’s Disease
Hernia
Ovarian cancer
Other cancers affecting abdominal organs
Pericardial
Coronary artery disease
Heart failure
Tuberculosis pericarditis
Other heart-related cancers, such as synovial sarcoma
Source : https://www.mesothelioma.com
Finding Help in the Last Stages of Mesothelioma
While researchers have made some progress in developing new ways to detect mesothelioma earlier, the majority of patients are still diagnosed at more advanced stages. By stage 3 and stage 4, patients face a life expectancy of just 12 – 16 months with limited treatment options available to extend survival. By these final stages of disease, the cancer has typically spread to other organs beyond the point of origin and likely has also spread to the lymph nodes, so surgery is no longer an option and other treatments like chemotherapy may be rather ineffective.
For patients diagnosed at these later stages, it can feel rather hopeless. But there are still options for palliative care to improve quality of life, and some may even be eligible for clinical trials with the hopes of extending survival. As these mesothelioma patients and their loved ones face such a devastating diagnosis, it’s also important to plan for the future and the unfortunate realities of malignant mesothelioma.
The Importance of Palliative Care
When mesothelioma progresses to more advanced stages, the common symptoms patients experience may become severe. Depending on the type of mesothelioma, patients may have an extremely hard time breathing, severe chest pain or abdominal pain, night sweats, and fluid buildup in their lungs or abdomen (pleural effusions or peritoneal effusions). If the cancer has spread to the lymph nodes and to the other side of the body, patients may also experience some new mesothelioma symptoms that weren’t present or very mild before.
Palliative care is meant to help lessen these symptoms and improve quality of life, rather than seeking a curative intent. Palliative treatment options are generally the same as curative care (surgery, chemotherapy, radiation therapy), but will be approached in a different manner. For instance, pleural mesothelioma patients may experience pressure from tumors in their lungs and fluid buildup. Eligible patients may undergo procedures like a pleurocentesis or pleurodesis to remove some of this excess fluid and pressure and make breathing easier.
Even palliative treatment options, however, can be dependent on the patient’s age and overall health. Treatments like chemotherapy may carry more risks for patients with stage 4 mesothelioma and may not be an option for patients with more aggressive metastasis or overall worse health. But for eligible patients, some of these treatments may be able to improve life expectancy. A study of late stage pleural mesothelioma patients found a combination therapy of the standard chemotherapy treatments (Alimta® and cisplatin) plus a newer immunotherapy drug, bevacizumab, could slow tumor growth and extended median survival to about 19 months.
Consider Clinical Trials
For rare cancers like mesothelioma, it can be more difficult to find clinical trials one is eligible for, but the potential results can make pursuing a clinical trial so worth it. While mesothelioma prognosis is poor at any stage, researchers have seen promising results from a variety of emerging treatments and new multimodal methods, even for patients in the final stages.
While the clinical trial mentioned above extended survival by seven months, some studies have been able to add years to a patient’s life expectancy. One recent clinical trial explored the curative effects of surgery with photodynamic therapy, a new treatment that involves using specific targeting agents injected into the bloodstream followed by light targeted at the tumors. The study involved stage 3 and stage 4 malignant pleural mesothelioma patients. Of the participants, 73 patients extended their survival to 3 years on average. A small group of patients hadn’t seen the cancer spread to their lymph nodes and achieved a median survival of seven years.
Even while these and other clinical trials show great promise for even late stage patients, it’s important to remember there is still no cure for mesothelioma. But these emerging options may offer more effective treatment plans and get closer to finding a much-needed cancer cure. Survival rates, especially for peritoneal mesothelioma, have been gradually improving, so there is always hope for patients at every stage.
End of Life Planning
Though there is always hope for extended survival, patients diagnosed at the end stages of mesothelioma cancer should consider preparing for the realities of a terminal diagnosis. Patients and their loved ones should consider some of the important medical and legal decisions they need to make in planning for the future.
While it is difficult to think about, patients with any late stage cancer should consider creating a will and/or a living trust. A will is a legal document that will dictate how a patient would like their personal effects, including money, handled after their death. A living trust works in a similar way. The trust is established by the patient while they are alive, while a last will and testament goes into effect upon the patient’s passing. A living trust allows the patient to determine how their personal effects will be handled but remains in control while they are living.
Similarly named, patients should consider creating a living will, which dictates the type of medical treatment a patient is interested in. For instance, if a patient does not wish to be placed on a respirator in the case of further declining health, the medical staff will ensure they abide by the patient’s wishes. Along the same lines, patients with such wishes may consider another legal document called a “Do Not Resuscitate” order (DNR). This type of document will ensure that a mesothelioma patient does not get resuscitated against their wishes in the case of cardiac arrest or another complication.
These are just a few of the considerations patients and their loved ones should keep in mind when facing such a grim prognosis. Though it is difficult to think about, having a good support system and medical team can aid the patient every step of the way.
Source : https://www.mesothelioma.com
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