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New Ruling in Mesothelioma Case

There has been a new ruling in a Mesothelioma case in California.

Back in 2011, Johnny Kesner was diagnosed with mesothelioma and he then sued 19 companies given the fact that it was an asbestos related illness. Most of those he sued were his former employers all of whom he maintained had asbestos on their premises where he worked, but in addition, he sued Pneumo Abex Co. who had employed his uncle. He claimed that his uncle often had asbestos dust on his clothing when he returned home at night and given the fact that Kesner would often visit his uncle’s home as a child, he was exposed to the dust.

However, the court granted a request from Pneumo Abex to dismiss the case following a case in the Court of Appeal in California which said there was no liability if asbestos had been brought home on clothes. Kesner appealed and won and as such this was the first case in California which not only made employers liable for secondary exposure to asbestos but also was the only Court of Appeal across the United States to make that duty also apply to guests in the home of an employee.

If you have been diagnosed with an asbestos related disease, you may be entitled to monetary compensation. Contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation.

Check Your Drinking Water Does Not Contain Asbestos

Aging water pipes could put you and your family at risk of contracting the deadly cancer, mesothelioma.

Asbestos cement was used for decades in the United States to make many products including water pipes. In fact, the Asbestos Diseases Awareness Organization estimates that there were millions of miles of asbestos cement pipes installed in the country between the 1960s and the 1980s, and several of them are now reaching the end of their 50 to 70 year lifespan and are beginning to break down.

There is now concern that if the pipes are not handled properly they could release the asbestos fibers into the atmosphere which not only is a risk to residents and those working on them, the asbestos could even end up in drinking water.

The Occupational Safety and Health Administration have established strict guidelines for the handling of asbestos cement by workers but they are not always followed. And according to the Environmental Protection Agency (EPA), decay of asbestos cement water mains is the one of the biggest sources of mesothelioma as the asbestos contaminates the drinking water.

If you have been diagnosed with an asbestos related disease, you may be entitled to monetary compensation. Contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation.

The History of Asbestos

Asbestos has been mined and used for over 4,000 years although it was not mined on a large scale until the 19th century when it started to be used in housing.

The word asbestos comes from the ancient Greek, meaning “unquenchable” or “inextinguishable”. Even in Ancient Greece it was used and people who worked with asbestos became sick although no one knew why.

Asbestos then became even more popular as Great Britain and to a lesser extent the rest of the world, began the Industrial Revolution with a need to control the heat used to power all the machinery. Asbestos was used to insulate the steam pipes, turbines, oven and kilns.

The first asbestos mines opened in 1879 in Quebec providence of Canada and then in Russia, Australia, and South Africa. By 1900, doctors started to report lung sickness in patients who had worked in asbestos textile factories and asbestos mines, but it was not until 1924 that the very first case of asbestosis was diagnosed and it was later called mesothelioma.

Despite the health concerns, asbestos became very important in the United States as the railroads were built and it was used to prevent heat buildup and temperature fluctuation in steam powered trains. , By the break out of the Second World War, asbestos was being used in the shipping industry, the automobile industry and in the construction industry.

If you have been diagnosed with asbestos a related disease, you may be entitled to monetary compensation. Contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation.

Veterans at Risk of Asbestos Related Diseases

Until most of its uses were banned in the 1970’s, millions of members of the United States Armed Services were exposed to asbestos as it was used in various ways within all of the branches of the military.

In the navy, asbestos was used for insulation as well as piping and plumbing fixtures on board ships.

In the air force, asbestos was used in the production of planes including the brakes and engine parts.

In the army, asbestos was used in the production of brakes, gaskets and other vehicle parts for military vehicles.

Asbestos was also widely used in barracks and military building during the construction, not only to insulate roofs and walls but also in the concrete flooring.

And finally certain firearms and ammunition also contained asbestos.

As asbestos was used so widely, veterans are at great risk for developing asbestos related diseases such as mesothelioma and other lung diseases. In fact, veterans of the United States Army account for one third of all mesothelioma diagnoses in the country and even more at risk are Navy veterans. Indeed, because of their prolonged exposure to asbestos on board ships, mesothelioma in Navy veterans accounts for a large percentage of all military related diagnoses.

If you have been diagnosed with asbestos a related disease, you may be entitled to monetary compensation. Contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation.

 

Awaiting Supreme Court Ruling for Asbestos Ruling

The California Supreme Court is currently considering two rulings on whether companies should be held liable for asbestos related injuries to people whose exposure to the substance was secondhand.

The court is considering whether owners of premises and manufacturers of products containing asbestos are liable for secondary exposure to asbestos. For example in the situation whether a wife who contracts asbestos related diseases through washing her husband’s clothes where the dust is present has a valid claim against his previous employers.

The other area they are considering is whether a manufacturer has a duty of care to the person who contracts an asbestos related injury due to handling or working with their product but at their employer’s premises. For example if someone was installing brake linings with asbestos, who is liable, the mechanic who employs them or the manufacturer of the linings?

Premises owners usually say that they simply had asbestos in their facility and did not have the kind of expertise about the products that manufacturers do. But plaintiffs argue that premises owners should be held liable for secondary exposures because it is they who are in control of how workers on their premises might be exposed to the asbestos.

The rest of the country is anxiously awaiting the outcome of the ruling given the size of the state of California and the influence of its Supreme Court.

If you have been diagnosed with asbestos a related disease, you may be entitled to monetary compensation. Contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation.

Health Risks Posed by Asbestos

Many people, when they hear of asbestos, think that the only disease it causes is the lung disease asbestosis or mesothelioma, the highly dangerous cancer which affects the lining of the chest and abdominal cavities.

In actual fact, asbestos can lead to a variety of other diseases, one of which is asbestos warts which are growths on the skin which are somewhat like calluses, caused by the sharp fibers when they lodge in the skin. These calluses are benign, in the same way as what are known as pleural plaques, which are thickened areas of the lung, visible on X rays, which are caused by inhaling asbestos fibers. Pleural plaques will not normally cause any lung impairment nor lead to mesothelioma.

Finally there is diffuse pleural thickening which is similar to pleural plaques but can cover a wider area and is sometimes associated with asbestosis. Usually there are few or no symptoms but if it is extensive then it can cause lung impairment.

If you have been diagnosed with asbestos a related disease, you may be entitled to monetary compensation. Contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation.

Check Your Environment For Carcinogens

According to the Centers for Disease Control and Prevention (CDC), lung cancer is the leading cause of cancer deaths and the second most common cancer among both men and women in the United States. The agency highlights that there are numerous airborne pollutants that are known to cause lung cancer.

They say that the most important thing a person can do to lower their lung cancer risk is to stop smoking and aim to avoid secondhand smoke.

The CDC goes on to say that the second leading cause of lung cancer is radon which is a naturally occurring gas that comes from rocks and dirt and can get trapped in houses and buildings. In addition people can also be exposed to substances at work that could increase their chances of developing lung or other types of cancer such asbestos, arsenic, diesel exhaust, formaldehyde and some forms of silica and chromium.  Some of these same substances may also be present in people’s homes and communities, especially asbestos and radon.

For many people who develop lung cancer, there are often few if any signs of the disease until it has advanced and spread, so it is important to prevent exposure to known airborne carcinogens at home and in the workplace to minimize the threat of developing this type of cancer.

If you have been diagnosed with asbestos a related disease, you may be entitled to monetary compensation. Contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation.

 

Asbestos discovered in the Capitol

Construction of the main section of the center of the Capitol in Washington began in 1793 and was finished in 1826.

Now, workers who were removing insulation from around pipes on the fourth floor of the building, above a staircase, have discovered asbestos which forced a temporary closure of the House side of the Capitol and led to a two hour delay of the day’s session.

The East Grand Staircase, which leads from the first to the third floor, was closed, and the whole area was examined. Samples were taken and analyzed and taken to a laboratory which revealed that the asbestos levels were low enough that the building could be reopened.

The Capitol architect’s office issued a statement saying that the building was safe to reopen, but that the staircase itself would be closed until further notice.

If you have been diagnosed with asbestos a related disease, you may be entitled to monetary compensation. Contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation.

Symptoms of Mesothelioma

Symptoms of Mesothelioma

Mesothelioma is cancer of a membrane, called the mesothelium which lines various organs in the body, primarily in the chest and abdomen. Most of the cases which are presented are pleural mesothelioma, in other words cancer of the lining of the lung cavity.

The disease is a silent one and very difficult to diagnose in its early stages. Patients will eventually begin to feel short of breath, and unable to carry out tasks they could do with no problems before, such as climbing stairs, walking up hill and even sometimes talking.

The other main symptom is weight loss and any unexplained weight loss when the patient is not trying to diet is often linked to an underlying problem such as cancer and should be investigated further.

Most of the patients with mesothelioma, eight or nine out of 10, have been exposed to asbestos at some time in the past. Whilst smoking in itself does not cause the disease, anyone who has been exposed to asbestos should not smoke as the asbestos exposure will greatly increase their risk of getting lung cancer.

If you have been diagnosed with asbestos a related disease, you may be entitled to monetary compensation. Contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation.

The Roller Coaster of Mesothelioma Treatment

Mesothelioma is a rare cancer which affects the respiratory systems of those who have been exposed to asbestos. Usually asbestos exposure only results in mesothelioma years after the initial contact, with 25 to 30 years being typical. Mesothelioma is currently a terminal disease which has no known cure.

Despite the fact that there is no existing way to cure mesothelioma, there are nevertheless various experimental treatments which are currently being investigated. As can be seen in the following video, those undergoing such experimental treatments, and their families, experience a roller coaster of emotions as they battle the disease and hope for the best.

In a perfect world diseases like mesothelioma would not exist. As it has been linked directly to asbestos exposure, a cessation of asbestos exposure among the population should lead to a cessation of mesothelioma cases. However, considering the fact that asbestos has been used in millions of products over many decades, it is a sad reality that such cases will continue to plague U.S. society for years to come.

If you have been diagnosed with asbestos related disease, or if a loved one has died from an asbestos related illness, such as lung cancer or mesothelioma, contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation.