Mesothelioma is a rare but deadly cancer caused by asbestos exposure. It most often affects the lining of the lungs, but can also affect the lining of the abdomen or, more rarely, the heart.

A 2007 Texas Supreme Court ruling in an asbestosis case requires victims of asbestos disease to show exactly how much asbestos they were exposed to in order to prove causation. Asbestosis is a severe scarring of the lungs caused by exposure to asbestos. The standards in this ruling are currently also applied to mesothelioma lawsuits.

Sen. Duncan argues that the same standards of causation cannot be applied to mesothelioma cases, because of the usually long latency period of the disease. It can sometimes take decades from the point of asbestos exposure until the disease manifests with symptoms. As a result, it is often extremely difficult for plaintiffs to trace back to the source of their exposure and secure qualitative proof of the exact amount of exposure.

Senate Bill 1123 would use what is known as the “Lohrmann standard,” which requires a mesothelioma plaintiff to “prove that exposure to asbestos was frequent, regular and proximal.” The bill would not affect the standard for asbestosis cases.

Some argue that the law will be too lenient, but Risk & Insurance quotes Sen. Duncan as saying the rule will only bring Texas in line with the standard used most widely throughout the rest of the country to determine causation in mesothelioma cases.

SOURCE: Mesothelioma Lawyer › Texas legislation would expedite mesothelioma lawsuits

According to a report in the Newport News Daily Press, five manufacturers were defendants in the case, and the jury originally awarded the family a verdict of $4 million. However, four of the five companies settled out of court before the case went to trial. The jury assigned a percentage of blame to each of the five defendants, leaving the only company to go to trial, John Crane Inc., responsible for 30 percent of the blame for damages, which amounted to $1.2 million. John Crane is an Illinois-based manufacturer of gaskets and other parts used in ships.

Gray passed away before the trial began, but jurors watched a video the man recorded prior to his death. He worked on many ships during his 20-year Naval career, and was exposed to asbestos in his work repairing ships, as parts were replaced. Asbestos was used extensively on ships, including Navy vessels, for decades before its use was discontinued due to health hazards of asbestos exposure.

According to the Daily Press report, Gray’s attorney said the man never blamed the Navy for his illness, and asked hospice workers to allow him to hold a U.S. flag as he died.

SOURCE: Mesothelioma Lawyer › Family of former Navy man awarded $1.2 million asbestos verdict

When inhaled, asbestos fibers can become lodged in the body and cause serious health problems, such as asbestosis, a severe scarring of the lungs, and mesothelioma, a deadly cancer that affects the lining of the lungs and, sometimes, the stomach and/or heart.

The mesothelioma lawsuit was filed by Vicki Tatera of Greenfield, and was reinstated on Tuesday by the District 1 Court of Appeals. The defendant is FMC Corp. The case will now go to trial.

Source: Chicago Tribune

SOURCE: Mesothelioma Lawyer › Wisconsin widow can sue for asbestos-related death

Baroni’s case, filed on his behalf by his family, was the first of several lawsuits pending by former Fisher Scientific workers or their estates to be decided by a jury. Other cased settled prior to trial.

The Baroni lawsuit was filed against the companies that provided Fisher with products that contained asbestos, according to the Gazette story. Three of the four companies settled prior to trial, while Taylored Industries elected to continue to trial.

The other companies involved in the suit are F.B. Wright Co., George B. Hamilton, Inc., and one referred to as the Gage Company: Pittsburgh Gage & Supply Co., which now is owned by IU North America Inc.

The Gazette reports all the companies have outlets in the Pittsburgh area and furnished different asbestos-containing products. Some were used in the equipment in the Fisher plant and others were components of the finished items that Fisher manufactured, such as hospital and laboratory equipment and furniture.

SOURCE: Mesothelioma Lawyer › Jury awards $226,000

According to a story in The Record, published Feb. 27, 2008 at www.northjersey.com, before his death, Buttitta sued General Motors and the manufacturers of the brakes and clutches stored at the warehouse, claiming that the asbestos used to make those products caused his cancer. Defendants included General Motors and Honeywell, which had already reached a settlement with the Buttitta family prior to the jury decision, and clutches supplier Borg-Warner and asbestos mining company Asbestos Corporation Limited of Canada, which are jointly responsible for satisfying the judgment. Both companies are expected to appeal.

The case is unusual because Buttitta doesn’t fit the usual profile for mesothelioma victims. Rather than spending a lifetime in an industrial setting, he was an advertising executive. However, his father, Frank Buttitta, Sr., was a lifelong employee at a General Motors (GM) parts warehouse, where he daily handled brakes and clutches made with asbestos, and Mark Buttitta and his brother, Frank Jr., worked summers in the parts warehouse during college, also handling parts.

Attorneys for the Buttitta family pointed out that Frank Sr. carried home asbestos fibers on his clothing every day, cradling his young son on his lap or settling in next to him on the sofa to watch television. For years, Mark was exposed to asbestos fibers. It has long been held that the families of asbestos workers are at as much risk as the workers themselves due to this type of residual contact with the fibers. No illness has been reported by either Frank Sr. or Frank Jr.

In 2003, Mark Buttitta’s family established the Mark Buttitta Memorial Foundation for Research, which strives to raise awareness about mesothelioma and asbestos-related diseases, with a goal of supporting research for a cure. The web site, www.markbuttittafoundation.com, states that the foundation has raised more than $150,000 to date. A wine tasting and silent auction is held annually for fund raising, with the next event set for March 4 in New York City.

SOURCE: Mesothelioma Lawyer › $30 million meso verdict

In his lawsuit, Davis claimed his illness was triggered by exposure to asbestos-containing pipes and valves during his Navy and private-sector career. Davis had been a boiler tender with the Navy.

The Superior Court jury deliberated for less than a day before returning their verdict Friday after a five-week trial.

The verdict includes $100,000 for economic damages; $25 million for Davis’ pain and suffering; and $10 million for Davis’ wife.

The defendants were Florida-based Leslie Controls and Massachusetts-based Warren Pumps. The companies, who supplied asbestos-containing material to the Navy, must each pay 7.1 percent of the damages.

The rest of the money will come from several entities including the Navy.

Attorneys for Warren Pumps argued that their firm didn’t make the asbestos-containing insulation Davis was exposed to.

An attorney for Leslie Controls could not be reached for comment.

Source: mesothelioma-data.com

SOURCE: Mesothelioma Lawyer › Navy sailor wins $35M asbestos suit