What is Mesothelioma?
Mesothelioma is an aggressive cancer of the lung and inner body’s cavity lining. It is typically recognized as the most clearly attributable disease resulting from asbestos exposure. Pleural mesothelioma forms in the lining of the lungs and is the most common form of cancer. Peritoneal and pericardial mesothelioma is less common forms of the cancer and form in the lining of the abdominal cavity and the lining of the heart.
The major cause of malignant mesothelioma is being exposed to asbestos over a period of time; either in the workplace or from a family member that was exposed at the workplace. There is no known cure for mesothelioma but treatments such as surgery and chemotherapy can improve the typical prognosis and possibly increase one’s life expectancy.
Mesothelioma Diagnosis:
It can be very difficult to correctly diagnose mesothelioma as the symptoms often mirror those of other ailments. Doctors will often first obtain a full medical history to determine the level and severity of mesothelioma risk factors such as where asbestos exposure occurred, and evaluate presenting symptoms. There will additionally be diagnostic testing to look for signs and symptoms of various types of mesothelioma.
Symptoms
Mesothelioma Symptoms:
The main risk factor in developing mesothelioma is exposure to asbestos but the time between initial exposure and conclusive diagnosis can range anywhere from 20 – 50 years. Oftentimes, mesothelioma takes a long time to develop and symptoms do not show themselves until the disease has progressed to later stages. Common symptoms include:
– Trouble Breathing
– Pleural Effusion
– Anemia
– Trouble Swallowing
– Coughing up Blood
– Bowel Obstruction
– Nausea and Vomiting
– Blood Clotting Disorder
– Chest Pain
– Peritoneal Effusion
– Weight Loss
What is Asbestos?
Asbestos is a mineral fiber that occurs in rock and soil. It has been used in a wide range of manufactured goods such as building materials, car parts, heat resistant fabrics, packaging, gaskets and coatings.
Where asbestos can be found:
– Attic and wall insulation (containing vermiculite)
– Vinyl floor tiles and the backing on vinyl sheet flooring/adhesives
– Roofing and siding shingles
– Textured paint and patching compounds used on wall and ceilings
– Walls and floors around wood-burning stoves
– Hot water and steam pipes coated with asbestos material or covered with an asbestos blanket or tape
– Oil and coal furnaces and door gaskets withy asbestos insulation
– Automobile clutches and brakes
– Heat-resistant fabrics
Major Health Effects
– Lung Cancer
– Mesothelioma
– Asbestosis – a serious progressive, long-term, non-cancer disease of the lungs
Litigation Timeline of Mesothelioma Lawsuits
– 1906 – First case of asbestos-related disease discussed in medical literature
– 1908 – The Federal Employers Liability Act (FELA) is officially enacted into US federal law to protect and compensate railroad workers injured on the job. Asbestos exposure was included as one of these injuries.
– 1924 – British woman, Nellie Kershaw, dies from the first recorded case of asbestosis
– 1926 – First successful compensation claim by an ill asbestos worker was settled without trial before the Massachusetts Industrial Accidents Board
– 1929 – Workers begin holding asbestos companies like Johns Manville accountable for their health problems
– 1930 – The first autopsy of an asbestos victim is done by a physician at Mayo Clinic
– 1932 – The US Bureau of Mines sends a letter to asbestos manufacturer Eagle-Picher saying, “It is now known that asbestos dust is one of the most dangerous dusts to which man is exposed.”
– 1932 – The first disability award is given to a maintenance worker in a federal hospital after an asbestosis claim is filed
– 1938 – The United States adopts a “safe” dust limit of 176 particles of asbestos per cubic centimeter within the workplace
– 1938 – German researchers link six cancer deaths among textile works to asbestos. Further studies confirm death caused by asbestos dust in mice
– 1943 – Asbestos is used heavily by US Navy members during WWII to build ships. Today, a majority of the mesothelioma cases come from US Navy veterans.
– 1955 – A study concludes that asbestos workers face ten times the risk of lung cancer compared to the general population
– 1969 – Johns-Manville, the largest American manufacturer of asbestos products, pays $1 million in worker compensation
– 1971 – Asbestos becomes the first single substance regulated as a human health hazard by OSHA under the authority of the Occupational Safety and Health Act
– 1973 – An insulation worker wins damages from large asbestos manufacturers
– 1982 – John’s Manville files for bankruptcy after a significant increase in asbestos litigations
– 1988 – John’s Manville introduces its Manville Personal Injury Settlement Trust, designed to handle the majority of its asbestos liabilities
– 1989 – The EPA issues a ban against many asbestos products. Unfortunately this ban is overturned in 1991 leaving certain asbestos products banned and other allowed.
– 1994 – Mesothelioma is recognized as a global health problem by the World Health Organization
– 1999 – The UK bans asbestos completely
– 2002 – 730,000 asbestos claims are filed among 8,400 law firms, resulting in $70 billion from defendants
– 2003 – The largest asbestos verdict for a single plaintiff is awarded for $250 million
– 2006 – The Owens Corning Fireboard Asbestos Personal Injury Trust is Established
– 2006 – The Armstrong World Industries Asbestos Personal Injury Settlement Trust is established
– 2009 – The ASARCO LLC Asbestos Personal Injury Settlement Trust is established
– 2011 – Mining of asbestos is stopped in Canada
– 2012 – Two asbestos tycoons, Stephan Schidheiny and Jean-Louis de Cartier, go to prison for negligence from asbestos-related deaths of 2,200 Italians prior to 1992
– 2013 – The Further Asbestos Claims Transparency (FACT) Act, which makes it more difficult for asbestos victims to file mesothelioma lawsuits, passes in the US house of Representatives
Lawsuits
If you or a loved one was exposed to asbestos and was diagnosed from a doctor as having mesothelioma, lung cancer or asbestosis, it is important that you receive legal help immediately. Contact Gruber Law Offices now for a free case evaluation.
Useful Resources
epa.gov/asbestos/learn-about-asbestos#asbestos