Mesothelioma Victims"> How Family Members Can Support Mesothelioma Victims

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How Family Members Can Support Mesothelioma Victims -

Happy Senior CoupleAt first, caring for a family member with mesothelioma can feel a little overwhelming. You might find yourself asking, Am I doing enough? Where do I start? How do I get organized? Fortunately, you’ll soon find your groove, and in the meantime there are little things you can do to make things easier for you and your loved one.

Over the years, we at Kazan, McClain, Lyons, Greenwood and Harley have spent enough time with mesothelioma patients and their families to learn that there’s no “right” or “wrong” way to support the person you love. It’s the trying that counts.

As long as you explore the best available medical and legal options, that’s a good start. However, if you find yourself exhausted, overwhelmed or at a loss for where to begin, here are some tips for supporting a loved one who has mesothelioma.

  • Use a planner, calendar or notepad. One of the most important parts of caring for someone with malignant pleural mesothelioma (MPM) is making sure they get all the necessary follow-up care. This usually means driving them to and from appointments for physical exams, blood tests and medical scans. By using a small planner or notepad, you can keep a schedule and even jot down questions you may have about care or treatment.
  • Take care of basic errands. A big side effect of both MPM and its treatments is fatigue. This means that your family member will either need help performing tasks or, in some cases, may need you to do them for him or her. Try to take care of chores and errands, even if they’re relatively minor. Buy groceries, cook meals, measure out prescriptions and, when you can, help them feed, dress and bathe themselves.
  • Get creative with food. At some point, they’ll start having to avoid solid foods and to eat things like soups, stews, broths, smoothies, shakes or Jell-O. To keep their appetite up, try to mix things up whenever you can. Experiment, and ask them if they’re craving anything.
  • Give them emotional support. Listen to them, and talk about worries or concerns. Take them to mesothelioma support groups. And of course, try to help them enjoy the little things.
  • Finally, take care of yourself! If you’re too frazzled, you won’t be much help to anyone. Be sure to take breaks, or to ask for help when you need it. And consider joining a caretakers’ support group, where you can meet and sympathize with other people in the same situation.

Related articles:

Mesothelioma Support Services and Groups: Benefits and How to Find Them

Nutritional Information for Mesothelioma or Lung Cancer Patients

Mesothelioma Treatment Side Effects: Part 3"> Mesothelioma Treatment Side Effects: Part 3

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Mesothelioma Treatment Side Effects: Part 3 -

blood systemAfter addressing the gastrointestinal side effects of mesothelioma treatments in the second part of this series, we thought we’d continue by covering the ways that chemotherapy can affect your blood and immune health.

Keep in mind that at Kazan, McClain, Lyons, Greenwood and Harley, we believe that mesothelioma patients deserve to know their medical and legal options. That means using online education, seeking patient advocacy and, above all, asking your doctor or lawyer for their expert opinions.

Talk to your physician if you have any of these blood-related side effects of treatments for mesothelioma:

Anemia. Some chemo regimens can lower your red blood cell count, leaving you weak or fatigued. Doctors may give you medicines to reverse this. They will almost certainly encourage you to eat foods with more protein (eggs, peanut butter, fish, red meat) and iron (spinach, collards, red meat, dried beans). If you have anemia, get lots of sleep, take plenty of naps and try short, slow walks every day.

Bleeding. Chemo can make it harder for your blood to clot and wounds to heal. This means that the number-one strategy for bleeding problems is to protect your skin and avoid nicks and cuts. Use an electric shaver, not a razor. Wear shoes as much as possible. Blow your nose gently. Use a soft-bristled toothbrush. Avoid knives, dental floss, toothpicks and sharp objects. Use pads, not tampons. Do not pick at scabs or whiteheads. If you notice bruises, bleeding that won’t stop, or red urine or stool, call a doctor immediately.

Infections. Chemotherapy often delivers a heavy blow to the immune system by drastically reducing white blood cell counts. This makes it very easy to get infections. While you are in the hospital, you will have access to sterile spaces and surfaces, but at home you’ll have to be more careful. A quick and easy method for reducing your risk is washing your hands often with soap and water. Use hand sanitizer regularly. Again, avoid razors and scissors. Don’t squeeze pimples or mess with scabs. If you are catheterized, keep the area as clean as you can. Brush gently.

Finally, avoid germs – that means steering clear of sick people, raw meat or eggs, litter boxes, pet feces, unwashed produce and people who have recently been vaccinated. If you develop a fever (100.5 deg F or higher), chills, sores, rashes, a cough, swelling or unusual joint stiffness, talk to your doctor or nurse immediately.

Related posts:

Mesothelioma Treatment Side Effects: Part 2

Mesothelioma Treatment Side Effects: Part 1

Mesothelioma Treatment by Stage

Mesothelioma Diagnosis of a Relative"> Children May be Fragile Following Mesothelioma Diagnosis of a Relative

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Children May be Fragile Following Mesothelioma Diagnosis of a Relative -

older woman holding girlA diagnosis of cancer, including malignant mesothelioma, can affect all aspects of an individual’s life – work, leisure time activity, plans for the future, spirituality and relationships. Children in particular can be sensitive to the news about a loved one’s diagnosis because they may not always be mature enough to deal with their feelings on their own. In these cases, they may need help from their parents, counselors or other trusted adults.

At Kazan, McClain, Lyons, Greenwood and Harley, we want to make sure that every member of the family – including the youngest and most tender – gets the support that he or she needs.

Breaking the news

The bottom line in helping children understand what is happening is to be truthful with them. According to the American Cancer Society, the most basic information that all kids need include the name of the disease, the affected part of the body, how it will be treated and how their lives may change.

However, the level of details that you share with them depends on their age. Younger children may need to be reassured that they did not do anything to cause the mesothelioma, and that the condition is not contagious.

If they wonder whether their relative will die from mesothelioma, it is important to remember that although the truth is necessary, that does not mean everything needs to be shared all at once. In this case, it may be better to focus on the present, and save potentially devastating news for when a prognosis is definite.

These discussions are best held in an environment free of potential distractions or interruptions. It will be helpful to plan what to say ahead of time, and emphasize that the lines of communication will always be open for questions or concerns.

All children are unique, so each youngster may react to the news in a different way. Even though they may not always be able to articulate their feelings, they will always show them in some way. Signs that a child may need professional help include chronic sadness, persistent irritability, changing grades, differences in appetite, insomnia and difficulty concentrating.

Maintaining routines

According to the Dana-Farber Cancer Institute, routine can create a sense of security for children. To that end, mealtimes, bedtimes and other scheduled activities should be maintained. Any changes, such as a visit to the hospital, need to be discussed ahead of time. Furthermore, it is important to maintain discipline and behavioral limits.

Some, but not all, children may like to help out around the house with chores. However, parents need to remember to be realistic about these tasks, and to allow kids to have fun just being kids.

mesothelioma patients"> Therapy dogs can bring comfort to mesothelioma patients

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Therapy dogs can bring comfort to mesothelioma patients -

therapy_dogPeople who are diagnosed with a malignant disease, such as mesothelioma, tend to face emotional challenges as well as physical ones. Because of this, many patients turn to various sources of support. Family members and friends lend their open ears. Religious counselors can see to any spiritual needs. Yoga exercises allow individuals to center themselves and remember their breathing.

Different patients will respond positively to a variety of therapies, and many are worth trying. That includes a friendly nudge from wet nose.

History experts note that dogs and humans have spent 14,000 years forging a bond, providing each other warmth and friendship. This symbiosis is strong, and when the going against mesothelioma gets tough, some patients can fall back on that strength.

Why is living with mesothelioma hard?

People often do not realize they have malignant mesothelioma until they start experiencing pain, chronic coughing, difficulty breathing or other symptoms. By then, the illness is usually in its advanced stages.

There is currently no cure for mesothelioma, but there are several treatments that can alleviate its symptoms and extend survival, including radiation and chemotherapy. However, these approaches are often accompanied by difficult side effects, such as fatigue, changes in appetite, diarrhea, nausea and vomiting. These reactions, combined with the symptoms of mesothelioma, can really take an emotional toll on patients. Some become anxious or depressed. Worse yet, some patients feel less motivated to adhere to their regimens, and that can lead to serious problems.

Companionship from capable canines

For thousands of years, humans have relied on dogs for a variety of tasks. While some canines help herd farm animals, others provide protection in law enforcement K-9 units. However, during the second half of the 20th century, dogs started being used for another important purpose – helping people within a medical setting.

During the 190s, Therapy Dogs International (TDI) conducted a survey in which they asked various medical personnel to discuss the benefits of having therapy dogs visit patients in care facilities.

When it came to the patients:

  • 92 percent of healthcare providers said the dogs improved patients’ mood
  • 86.5 percent reported better social interactions among patients
  • 63.5 percent saw improvements in mobility
  • 80 percent said patients were more alert
  • 48 percent said patients were more cooperative
  • 17 percent of respondents saw improvements in people’s blood pressure.

In a nutshell, therapy dogs can bring a sense of normalcy to patients’ lives. Furthermore, many of those surveyed said that visits from the therapy dogs also boosted the morale of the workers themselves.

“When the dogs started visiting me during my cancer treatment, it was the turning point. My attitude improved, and my health started improving. It never dawned on me that therapy dogs would be such an important part of my well-being,” one hospital patient told Pfizer scientists. The pharmaceutical company is supporting additional research on how animal-assisted visits may affect pain management, medication adherence, recovery time and chemotherapy tolerance.

From facilities to homes

It is important to remember that therapy dogs are not the same as service dogs, which are specially trained to perform specific tasks to help the disabled. Therapy dogs perform volunteer work in tandem with a human partner. Organizations like TDI are able to organize patients’ visits with therapy dogs wherever they may be needed. This may include different treatment centers.

“We are excited to be able to provide a welcomed break in the day for patients, many of whom are in the hospital for long term care. Interacting with the dogs has a noticeable impact on their mood and enhances their well-being,” said Patricia Murphy, RN, MSN, director of oncology services at Northwestern Memorial Hospital.

Furthermore, TDI can help arrange visits to the homes of patients themselves.

Mesothelioma Lawsuit FAQs"> Mesothelioma Lawsuit FAQs

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Mesothelioma Lawsuit FAQs -

How old is your firm?
How much will it cost me for you to investigate my claim?
How soon after I am exposed to asbestos should I file a lawsuit?
How do I know if I have an asbestos disease?
I’m not sure about suing. Can I take some time to decide?
I don’t live in California, so why should I contact Kazan Law?
How large a settlement or judgment can I expect to recover?
Does Kazan Law bring class action asbestos lawsuits?
What if I am very ill? Will I be required to spend a lot of time on the lawsuit?
I want to file a lawsuit. What is the first step?
What are the differences between a third party civil case and a workers’ compensation case?
I know the people who caused my injury and I don’t want to harm them financially.
I like my employers and really don’t want to involve them in a lawsuit.
Aren’t trial lawyers just ambulance chasers; are you?

How old is your asbestos law firm?

Kazan Law opened for business on March 1, 1974, and ever since has represented individuals and their families. Since the late 1970’s Kazan Law has focused its practice on representing asbestos disease victims, especially those with mesothelioma.

If you want more information, please visit the sections of our website about Kazan Law, Kazan Law’s role in the history of asbestos litigation, some of the important verdicts and appellate decisions Kazan Law has achieved on behalf of our clients, and profiles of the attorneys at Kazan Law.

How much will it cost me for you to investigate my claim?

You will never get a bill from us for investigating your potential claim. If you don’t have a case we can take, you owe us nothing. Also, if you decide to retain us as your attorneys we will work for you on a contingency basis. That means we are paid only if a judgment is won or settlements are reached in your case.

How soon after I am exposed to asbestos should I file a lawsuit?

Before you file an asbestos lawsuit we believe you should have an injury that has been diagnosed by a medical doctor as an asbestos-related disease. Simply being exposed to asbestos is not sufficient grounds for us to file an asbestos lawsuit on your behalf.

However, if you have been diagnosed with an asbestos-related disease, you should contact an attorney immediately because certain deadlines (called statutes of limitations) may apply.

We believe that a case should only be brought if a client has cancer or another serious asbestos-related disability – one that prevents him or her from working or interferes in the ability to perform the usual activities of daily living.

If you have been exposed to asbestos, but have not been diagnosed with an asbestos-related disease, we recommend that you should:

  • monitor your health carefully
  • tell your doctor that you have been exposed to asbestos
  • seek medical attention promptly if you feel unwell
  • find out more about asbestos-related diseases and their symptoms
How do I know if I have an asbestos disease?

See your doctor. Tell your doctor about your history of exposure to asbestos so that he or she knows how to monitor your health and whether or not to order any necessary tests.

You can learn more about detecting asbestos cancer and malignant mesothelioma disease by checking our informative page about mesothelioma screening.

I’m not sure about suing. Can I take some time to decide?

This depends on the legal deadlines, called statutes of limitations, which might apply to your potential case. These statutes are complex, they depend on the kind of case you are pursuing, and they vary from state to state. It is prudent to contact an attorney as soon as possible because once your statute has expired or “run,” you are forever barred from pursuing your claim.

Then you’ll know how much time you have to make up your mind about what you want to do.

I don’t live in California, so why should I contact Kazan Law?

Our attorneys have successfully represented several thousand people with mesothelioma claims, and these clients have lived all over the United States, and in Canada, Mexico, the United Kingdom and elsewhere. We have more than 40 years of experience in asbestos litigation.

Because of our expertise in this type of litigation we are able to move our cases through the courts efficiently and quickly.

California courts are more receptive to asbestos lawsuits than those in some other parts of the country, so this is where we file all our cases.

Should you contact a local attorney, and should the lawsuit be filed in the jurisdiction where you live? These are good questions, but they do not have simple answers.

For a straightforward legal matter it usually makes sense to contact a local attorney. However, for complex issues – such as asbestos litigation – clients are often best-served by attorneys who have a lot of experience in that specific field. It therefore becomes more important to contact the best attorney, rather than a local attorney.

The question about where to file an asbestos lawsuit can only be answered on a case-by-case basis after examining all the facts. While some jurisdictions (e.g. California) are more favorable than others, it is not always possible to file in California.

The assurance we give to everyone with mesothelioma or asbestos cancer who contacts us, is that we will evaluate all aspects of the case to decide where the case should be filed. If we believe that California is not the right place for your case, we will be up-front with you about why we believe this and will discuss this with you. Further, we will put you in direct contact with an associate attorney whose work we know and trust, who practices in an appropriate jurisdiction, and we will work with this attorney throughout. This will not cost you any more money, and you will have two law firms working for you.

How large a settlement or judgment can I expect to recover?

The value of your potential claim depends on many things, such as the medical evidence that confirms your diagnosis, how seriously you have been injured, your actual and potential losses, the strength (or weakness) of the identification of the asbestos products that you were exposed to, the companies that made these products, and their financial resources (including insurance coverage.)

In brief, it really is not possible to answer this question without knowing a lot about your potential claim, and you should be suspicious of any lawyer who tells you “how much” on your first meeting.

Our website contains information about some of our more significant trial verdicts and appellate decisions.

Does Kazan Law bring class action asbestos lawsuits?

If Kazan Law represents you in an individual lawsuit against the asbestos industry, we will also protect your rights in any class actions that apply.

Kazan Law often files complex lawsuits on behalf of our clients. These are not class actions. Rather, they are individual cases in which we sue many defendants.

What if I am very ill? Will I be required to spend a lot of time on the lawsuit?

A big part of our job is protect you and your family from the stresses involved in pursuing a complex lawsuit. That said, we will, of course, need your help. The extent to which we’ll need your participation depends in large part on whether or not we can settle your case and avoid a trial.

What you can be completely certain about is that our attorneys and staff will walk you and your family through each stage of the lawsuit. We will do our best to acknowledge that you have personal and medical priorities, as well as legal matters that need your attention. We have, after all, been doing this for almost forty years.

How long will it take before I receive a settlement?

Most of our clients begin to receive settlements within a few months, but this varies from case to case and is therefore something that should be discussed between attorney and client.

We have the resources and experience to move cases very quickly through the legal system. This is especially true for our clients who are elderly or in poor health.

I want to file a lawsuit. What is the first step?

Consult a lawyer. We would be honored if you choose to contact us. We will get in touch with you promptly about the next step.

Or, you can call us at 877-995-6372 or send us an email and our staff will conduct a brief telephone interview and then discuss your potential lawsuit with the attorneys and get back to you promptly.

Kazan Law’s exclusive focus is on asbestos cancer and mesothelioma cases. Please explore our website, where you can find out more about our asbestos practice, our attorneys, and some of our more important verdicts and appellate decisions.

What are the differences between a third party civil case and a workers’ compensation case?

Kazan Law files third party cases that are often referred to as product liability or toxic tort cases. Typically, they are against the manufacturers, distributors and/or suppliers of the substances that caused the injury, and the contractors and/or owners of the premises that are responsible for the place where the exposure or injury occurred. In other words, these lawsuits are against “third parties,” rather than the employer (second party). By the way, first party is you!

An employee who suffers a work-related injury also has a right to make a workers’ compensation claim against the employer. Workers’ compensation is usually a “no fault” system and is the exclusive remedy available to an employee to take legal action against an employer.

I know the people who caused my injury and I don’t want to harm them financially.

Employers, manufacturers, owners of property, product suppliers, contractors, etc., purchase liability insurance for exactly these reasons. Therefore, if you file a third party lawsuit it almost never means that they will personally be dragged into court or left destitute.

If Kazan Law were to sue your employer, it would probably be in a workers’ compensation claim – for which employers are usually required by law to have insurance. If an employer concealed your injury and then continued to expose you to a hazard and therefore aggravated the injury, then an employee is permitted to file a lawsuit other than a workers’ compensation claim. Employers should have liability insurance for this eventuality.

I like my employers and really don’t want to involve them in a lawsuit.

Kazan Law rarely recommends suing the employer in a third party civil case, however, it is often a good idea to file a claim for workers’ compensation. Employers are required by law to have workers’ compensation insurance.

In many cases the employer is not really at fault, but is required to insure against workplace injuries. Usually the employer is entitled to get any benefits paid to an employee reimbursed by the defendants in the third party case, and is therefore very cooperative with us.

In rare circumstances you are permitted to file a third party lawsuit against your employer. We would discuss this matter with you before suing, and the choice of what to do would remain yours.

Aren’t trial lawyers just ambulance chasers; are you?

Many people are skeptical about trial lawyers in general, and sometimes about asbestos litigation as well. We’ve heard people say things like, “Back then those asbestos companies didn’t know any more about asbestos hazards than anyone else did,” and, “asbestos was banned so many years ago – how come so many people are suing now?” and, “I know someone who got some money and he isn’t even sick!”

Kazan Law cannot defend – and would not want to defend – the actions of every trial lawyer and client. We have our own standards and we live up to them. But the following facts and legal principles are at the heart of asbestos litigation:

  • At least by the early 1930s, certain people in the asbestos industry knew that asbestos caused lung disease and killed people.
  • Many companies in the asbestos industry conspired from the 1920s to the 1960s to keep knowledge about the dangers of asbestos hidden from the public and from workers who were exposed to asbestos in the course of their work.
  • Through the 1960s many companies in the asbestos industry portrayed asbestos as a harmless “miracle” substance that brought “quality” to the products that contained it – even though they knew it was dangerous and knew that safe alternatives were readily available.
  • Companies that manufacture, distribute and sell products in the marketplace have both a legal responsibility, as well as a social and moral responsibility, to ensure that their products are safe for their intended uses, and to give people who come into contact with them effective warnings if they are not safe.
  • Similarly, employers and the owners of property have a responsibility to ensure that their work sites and premises are not dangerous.
  • Many years can pass between exposure to asbestos and development of an asbestos-related disease. Therefore we are still facing the consequences of earlier workplace practices and policies.
  • Because a huge quantity of asbestos were used in many different products over the course of many decades, and because of the long period of time that passes before asbestos disease shows itself, many people are still succumbing to asbestos-related diseases.
  • The U.S. legal system allows injured people to present their cases to a jury that is empowered to decide on compensation and, if applicable, an award intended to deter future instances of grievous misconduct.
  • We believe that people with serious illnesses and disabilities caused by exposure to asbestos have a right to compensation, that common decency requires those who cause such harm to pay for what they have done and that our honest, ethical and responsible legal representation can bring fair compensation to our clients at the expense of those responsible. We call this justice.

Mesothelioma"> Latency Periods for Mesothelioma

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Latency Periods for Mesothelioma -

elderly womanIn the U.S. the use of asbestos peaked during the mid-1970s. The Environmental Working Group (EWG) estimates that, at that point, the hazardous material was present in more than 3,000 industrial and commercial products, such as insulation and fireproofing materials.

Eventually, the mineral became less prevalent once manufacturers realized they could not deny what scientists had known for years: asbestos is the principal cause of the development of malignant mesothelioma.

Scientists know that an individual’s level of asbestos exposure over time is directly related to his or her risk: the greater the exposure, the higher the likelihood of developing an asbestos-related illness. However, this latency period between contact with the mineral and the development of symptoms may be longer for some individuals than others, regardless of the level of exposure.

This led one team of researchers from Italy to measure the incidence of mesothelioma among nonagenarians.

Mesothelioma festers for decades
The EWG estimates that the latency period for asbestos-related diseases, such as mesothelioma and asbestosis, can take between 20 and 50 years. For this reason, the incidence of these illnesses in industrialized nations is expected to continue to rise for another 10 years or so.

Most people do not know they have an asbestos-related disease until they start experiencing symptoms, such as difficulty breathing. By then, an illness is likely to be in its advanced stages.

Experts from the American Cancer Society note that there is no standardized early screening approach for diagnosing mesothelioma. Doctors may recommend radiology tests to look for changes in the lungs among patients with a history of asbestos exposure, but it is not clear how effective this method is in detecting early disease.

Italian scientists study oldest patients
Researchers from Italy noted that many mesothelioma patients tend to be diagnosed between the ages of 60 and 80. Their diseases are often the result of occupational exposure, particularly if they worked in shipyards.

However, the scientists also recalled that a minority of patients are diagnosed while in their 80s or 0s. It was not immediately clear whether this was because of low asbestos exposure or late contact with the material.

In order to investigate further, the researchers reviewed the medical records of seven men and one woman, all of whom were diagnosed with mesothelioma while in their 0s. After collecting information on their employment histories, the scientists found that the latency periods within this patient group ranged from 64 to 75 years. The duration of asbestos exposure ranged from 11 to more than 40 years.

Examinations of lung tissue revealed that a low level of exposure is not the explanation for the long latency periods.

“In this group of cases, the late development of mesothelioma cannot be attributed to mild exposure to asbestos or to unusually late exposures. Very long latency periods even in people heavily exposed suggest an individual resistance to the oncogenic effects of asbestos,” the researchers wrote in the journal Tumori.

Vigilance can help protect you
At Kazan Law, we believe that vigilance is one of the most important weapons against asbestos-related diseases. The Environmental Protection Agency has many tips on how you can protect yourself from asbestos:

  • Hire a professional to inspect your home for asbestos before any remodeling job, or in case parts of the house are falling apart.
  • If you find asbestos in the house, inspect it without touching it. If it is intact, make sure no one and nothing disturb it.
  • If you are employed in a job that may potentially expose you to asbestos, make sure you know your rights regarding protective equipment and the safety limits of asbestos fiber air concentration.

Mesothelioma"> Motivational Leader Loses Dreams to Mesothelioma

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Motivational Leader Loses Dreams to Mesothelioma -

When leadership trainer James Hellam learned from his doctor that the mesothelioma diagnosis he was given in 2011 was a result of exposure to asbestos dust, he called on Kazan Law to bring justice to those who caused his deadly disease. A San Jose, California police officer for 13 years prior to becoming a global motivational speaker, Mr. Hellam’s exposure to asbestos occurred over five summers when he began working for his grandfather’s one man operation, Monterey Boiler Service, at the age of 15.

Before his diagnosis, Mr. Hellam was an extremely active and healthy 65 year old Hall of Fame softball player with a very active professional and personal life. He had planned to continue his leadership training for another decade, and to share his active leisure time with his grown sons, step daughters and the grandchildren he hoped to coach on the baseball field. Those plans, unfortunately, were all taken away from him when he became ill and was put on a journey in which he would endure one of the most difficult surgeries a human being could undergo.

Neither Mr. Hellam nor his grandfather were warned that the products purchased from Crane Co’s “Crane Supply” wholesale outlet in Salinas, California for the process of refurbishing boilers contained asbestos and were a health hazard. Yet our firm presented evidence showing that Crane Co corporate officers knew or should have known as early as the 1930s that asbestos causes diseases that kill.

Unfortunately, this story is just one of many that our firm has been involved with for coming up on 40 years. It’s why we continue to fight hard for justice for our clients and for those who will receive a mesothelioma diagnosis in the future.

Mesothelioma Research Program"> Gratitude and Scientific News from the University of Chicago’s Mesothelioma Research Program

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Gratitude and Scientific News from the University of Chicago’s Mesothelioma Research Program -

mesothelioma researchEven though I have been a mesothelioma attorney for many years, I never get used to the heartbreak of each and every one of my mesothelioma clients.  As I get to know each client and their families, they become more than clients.  Each becomes a face I will never forget; a suffering human being who came into my life near the premature end of theirs to seek help and justice.  And even though I am a mesothelioma attorney, my biggest wish is that there would be no more mesothelioma clients.  No more suffering and pain to individuals and their families from the callously negligent exposure to asbestos from the mesothelioma client’s employer.

That is why I also closely follow medical mesothelioma research and have our firm’s charitable foundation financially support mesothelioma research that someday will help to prolong their lives.

In 06, I was in Chicago attending a meeting of the International Mesothelioma Interest Group.  One of the speakers was a key mesothelioma medical researcher from the prestigious University of Chicago medical school.  Hedy Lee Kindler MD is a top international cancer expert and one of the best around for mesothelioma.  In fact, she is the director of the Mesothelioma Research Program at the University of Chicago and a recent president of the International Mesothelioma Interest Group.

I spoke with Dr. Kindler who was also treating several of our clients. I was so impressed with the novel approaches she and her team were taking and decided to recommend to our Board of Directors that we financially support their work through the firm’s charitable foundation. And every year, I receive a wonderful summary of the research that contribution is helping to fund.

Dr. Kindler and her colleague Dr. Ravi Salgia now are evaluating a signaling pathway – molecules that kickstart cell activity – which appears to play a pivotal role in cell growth in malignant mesothelioma. Their goal of blocking this pathway could prove to be crucial to developing new mesothelioma therapies.

Other researchers in the program are carrying out studies using over 100 mesothelioma tissue samples and cells from the University of Chicago’s Thoracic Tumor Bank.  These studies also will help clarify how specific pathways get activated in mesothelioma and how genetically-engineered drugs can target them.

“The opportunities in our clinical research program to deliver focused targeted therapies give us confidence that we will play a critical role in improving survival and outcomes for mesothelioma patients. Your partnership continues to help us achieve our shared vision,” states my annual thank you letter.

I am proud to be part of that vision.

Mesothelioma Patient Needs Two Power of Attorney Documents"> Why Every Mesothelioma Patient Needs Two Power of Attorney Documents

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Why Every Mesothelioma Patient Needs Two Power of Attorney Documents -

mesothelioma patientYou may be a mesothelioma patient but in the eyes of the law you are still an independent adult. And that’s a good thing. But it has its downsides.

What if you are not feeling well – which your medical treatment as a mesothelioma patient makes very likely — and you need a prescription picked up from the pharmacy? Or test results from a lab? Because of well-intended federal rules to protect patient privacy, even your spouse or adult offspring will not be able to get these for you. Unless you have a signed durable power of attorney for health care matters authorizing them to do so.

Or what if you need to have an IRA or savings CD cashed out to help pay for your medical expenses? And you are unable to go to the bank to sign all the papers? Someone you trust can do it for you if you have given them power of attorney for your finances.

A power of attorney is a legal document that gives someone you choose the power to act on your behalf. In case you become mentally incapacitated, you’ll need what are known as “durable” powers of attorney for medical care and finances. A durable power of attorney simply means that the document stays in effect if you become incapacitated and unable to handle matters on your own.

You need separate durable power of attorney documents for health care and your finances. It is important to keep copies (keep the original in a safe deposit box or with your attorney) of both of these handy because every pharmacy, doctor’s office and financial institution will want a copy on file before they will interact with your designated representative. Every receptionist or hospital technician will want to know whether your spouse or son or daughter is the “P.O.A.” (the abbreviation for “power of attorney”) before they will give them information they need for your care and well-being.

Do not delay on getting these documents in place. Without them, if you become too ill to take care of your health and finances, your family will have to go through expensive and lengthy court proceedings just to be able to take care of you.

Even though you should make separate power of attorney documents for health care and finances, it makes sense to name the same agent under both documents. Just make sure that the person you choose understands the responsibility for your care that they are agreeing to and will be able to be present when needed to act. Your life depends on it.

Mesothelioma Research Nets Awards For Young Scientists"> Promising Mesothelioma Research Nets Awards For Young Scientists

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Promising Mesothelioma Research Nets Awards For Young Scientists -

mesothelioma researchMesothelioma research can be expected to make great strides in the coming years thanks to new exciting work underway now all over the world by young scientific investigators. Five of this promising group just received the Young Investigator Travel Awards at the twelfth biennial meeting of the International Mesothelioma Interest Group (iMig 2014), held in Capetown, South Africa. Our firm is proud to have initiated this important award in 08 and to continue to sponsor it. On behalf of all of us at Kazan, McClain, Satterley and Greenwood, we would like to offer our congratulations on receiving the Young Investigator Travel Awards to each of these promising young mesothelioma research scientists.

Their achievements are a source of pride and inspiration to all of us involved in mesothelioma who seek new pathways to treat and cure this devastating disease. We hope they realize how many people – those with mesothelioma, their families and those of us who strive to help them medically and legally – appreciate the outstanding work they are doing in this field.

It is always a pleasure to see hard-working forward-thinking young researchers receiving the recognition they deserve. The award reflects the endless hours they have spent in their labs on their mesothelioma research projects.

We look forward to seeing the results of their future work in mesothelioma research and wish them every success.

2014 iMig Young Investigator Award Recipients

Sébastien Anguille, MD is a researcher at the University of Antwerp and Antwerp University Hospital
Edegem Belgium. He is one of the authors of a recent paper “Dendritic cell vaccination in malignant pleural mesothelioma: A phase I/II study” published in the Journal of Clinical Oncology.

Lincun Wu, MD is a research associate with the University Health Network in Toronto, Canada’s Mesothelioma Research Program at the Princess Margaret Cancer Center. There, Dr. Wu is involved in a research project to improve the outcome of mesothelioma by combining chemotherapy with immunotherapy.

Alistair Cook, PhD is a research assistant professor in the School of Medicine and Pharmacology of the University of Western Australia. He is the lead author of a recent study about a potential new way to improve anti-tumor immunity or chemo-immunotherapy efficacy in mesothelioma treatment.

Tanguy Siewert, MD is an assistant professor of medicine at the University of Chicago. He specializes in head, neck and lung cancers. He studies which novel drugs appear most promising, which individual tumors are more likely to respond to these treatments, and how to successfully combine therapies. Dr. Seiwert uses this pre-clinical knowledge to develop new treatments for use in clinical trials, and to ultimately improve patient care.

Kimberly Birnie is earning a PhD at the Lung Institute of the University of Western Australia where she is focused on malignant mesothelioma research. She has been recognized by the Thoracic Society of Australia and New Zealand for her work

Mesothelioma Patients Need an Advance Care Directive"> Why Mesothelioma Patients Need an Advance Care Directive

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Why Mesothelioma Patients Need an Advance Care Directive -

mesothelioma patientMesothelioma patients did not choose to be exposed to asbestos and develop this disease. But every mesothelioma patient can and should choose the kinds of medical care they wish to receive as the disease progresses.

By deciding your options early, you can ensure your quality of life and avoid having your family guess your wishes or make critical medical care decisions for you under stress.

California law provides individuals a way to make their health care wishes known and considered when they become unable to make these decisions themselves. The Advanced Health Care Directive is the legal document that allows patients to make their end-of-life care choices ahead of time.

The Two Parts of the California Advance Care Directive

There are two basic kinds of health care documents everyone with mesothelioma should have. First, you need a document naming a trusted person to direct your health care if you are unable to do so yourself. This document is known as a durable power of attorney for health care. It does not give this person the right to make legal or financial decisions for you. That is a different kind of power of attorney.

Second, you need a document that specifies the types of medical treatment you would or would not like to receive in certain situations. This document is often known as a living will.

In California, these two documents are combined into a single form called an advance health care directive.

Writing an advance care directive may be difficult. You need to:

  • Know and understand your treatment options
  • Decide future treatment options you may want
  • Discuss your choices with your family

Although this document does not need to be created by an attorney, you should already be working with an attorney to prepare an estate plan, usually including a family trust, and that attorney should include preparation of these forms as part of the services provided.

Why Mesothelioma Patients Also Need a POLST

Mesothelioma patients also need to complete a one-page document called the POLST, short for Physicians Orders for Life-Sustaining Treatment. You can request one from your doctor’s office.

The decisions documented on the POLST form include whether to:

  • Attempt cardiopulmonary resuscitation,
  • Administer antibiotics and IV fluids,
  • Use a ventilator to help with breathing, and
  • Provide artificial nutrition by tube.

Does the POLST form replace the Advance Care Directive?

The POLST form supplements advance care directive and is not intended to replace it. It is a medical order and can be used by paramedics and other first responders. It ensures that the preferences expressed in the advance care directive are actually carried out. You also need an Advance Directive to appoint a legal health care decision-maker.

Mesothelioma Lawsuit Payouts"> Types of Mesothelioma Lawsuit Payouts

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Types of Mesothelioma Lawsuit Payouts -

Mesothelioma Lawsuit Payouts: Settlements 

Mesothelioma Lawsuit PayoutsPlaintiffs sickened by exposure to asbestos sometimes choose to accept settlements rather than taking their cases to trial. While settlement amounts tend to be lower than jury verdicts, when you settle your case, you will usually receive payment from the defendant soon after. Trials may take months or years and defendants often appeal, stretching the process out even further. Negotiating a just settlement for your case is often the best way to provide much needed funds for medical care and to replace lost income.

What can I expect from the settlement process?

Settlement discussions may take place at any point before or even during trial, but they most commonly begin after both sides have exchanged documents through the discovery process. Negotiations may take several weeks or several months and there are usually separate negotiations with different defendants. At Kazan Law, our goal is to achieve settlements that allow our clients and their families to maintain their quality of life and achieve goals that may have been derailed by asbestos-related illness. In calculating a good settlement, we take into account the emotional and financial toll of dealing with a family member’s illness and the financial hardship our clients suffer when a wage earner is forced to leave his or her career early.

What variables will affect my mesothelioma settlement amount?

Settlements, like jury verdicts, take into account past and future lost wages, medical costs, pain and suffering, and, for married couples, loss of consortium (loss of marital relations). When a worker contracts mesothelioma, his or her age at the time and expected earnings potential for the remaining work years are factored into the settlement amount.

What kind of settlement can I expect?

While each case is unique, Kazan Law has been able to negotiate some of the highest asbestos-related settlement payments for our clients. The terms of our settlements require us to keep the amounts confidential, but we have achieved sizable settlements for an airline pilot exposed to asbestos during airplane hangar construction and a man who was exposed to asbestos on the job at a PG&E power plant.

Mesothelioma Lawsuit Payouts: Verdicts

What can I expect from the trial process?

When settlement negotiations fail, cases proceed to trial. Because of the seriousness of mesothelioma, Kazan Law attorneys do everything in our power to schedule an early trial date for our clients. Even so, it can take months or years after filing the initial lawsuit before your case comes before a jury. You will be asked to attend the trial, health permitting, and may be called on to testify before the jury. If the jury reaches a verdict in your favor, you may not immediately receive payment. Defendants often choose to appeal, drawing out the process. It is not uncommon, however, for parties to come to a settlement during or even after trial.

What is the risk of going to trial instead of settling my case?

The outcome of a trial is not guaranteed. A jury may reach a verdict in your favor but award lower damages than hoped. Judges sometimes reduce the damage amounts awarded by juries. On the other hand, juries tend to be sympathetic to mesothelioma victims and have awarded much higher amounts than plaintiffs could have gained through settlement negotiations. Juries can also determine punitive damages, which may increase the amount of the verdict.

What kind of verdict can I expect?

Kazan Law attorneys have won sizable verdicts from companies that knowingly exposed people to asbestos. We won a $5,482,047 verdict for a machinist who developed mesothelioma after working with asbestos-lined wire products. After reaching a settlement with multiple defendants, we won an additional $10,038,000 at trial against the remaining defendant for a welder who had died of mesothelioma. We won a $20,500,000 award for a man who had worked for a plant that manufactured asbestos-lined pipes. We won over $20 million for a woman who developed mesothelioma from exposure to asbestos in the flooring of her childhood home.

Mesothelioma Lawsuit Payouts: Asbestos Trust Funds

What is the purpose of mesothelioma and asbestos bankruptcy trust funds?

Because mesothelioma usually does not manifest until 20 to 50 years after exposure to asbestos, some of the companies responsible for exposing their employees to this harmful mineral have ceased operations or declared bankruptcy. Others are struggling financially. To protect the many victims of asbestos exposure who may develop mesothelioma in the future, money has been set aside in 50 different trust funds to compensate current and future victims of asbestos-related illnesses.

Do I need a lawyer to seek compensation from an asbestos trust fund?

If a company responsible for your asbestos exposure has protected their assets through an asbestos trust fund, you cannot file a lawsuit against them. Claims for money from these funds are handled by the trustees who manage them. Many people suffering from mesothelioma choose to engage an attorney experienced with the trust process to ensure their paperwork is completed quickly and correctly.

How are payouts from the trust funds calculated?

The trust calculates payment based on the amount of assets remaining in that trust divided among all current cases and expected future cases. Approximately $32 billion is available in the various trust funds. The average payout for a shipyard or construction worker who has been diagnosed with mesothelioma is $260,000, but the amount varies considerably and a skilled attorney can get you the maximum amount possible

Mesothelioma"> Italian Asbestos Mine Offers Hope For an End to Mesothelioma

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Italian Asbestos Mine Offers Hope For an End to Mesothelioma -

MesotheliomaFormer asbestos mining sites around the world present a contamination load and continuing risk to human health that is frightening. The reclamation of one closed asbestos mine in Italy, however, offers hope for a future where mesothelioma and other asbestos-related diseases are almost unknown.

A Toxic Discovery: Chrysotile Asbestos

The tiny Italian towns of Balangero and Corio are nestled in the foothills of the Alps north of Turin (Torino). They have become famous in recent decades as the neighbors of one of the most toxic sites in Europe: the Balangero Asbestos Mine.

In 107, in serpentine rock formations, miners discovered fibrous chrysotile, a form of serpentine also called white asbestos. Chrysotile, like other forms of asbestos, was prized for its insulating properties.

The Balangero mine began extracting chrysotile in the 1920s from an open pit mine or “glory hole.” The operation used methods to crush rock and dispose of asbestos-laden mine tailings that contaminated the mine site and its surroundings with toxic dust. Workers crushed and bagged asbestos wearing little or no safety gear. Tailings were dumped over an incline and down a ravine. Over the years, the dumpsite built up a 45-degree slope, creating an unstable mass of asbestos tailings that threatened to cause a toxic rockslide.

In 190, the company that operated the mine went bankrupt and the Balangero mine closed, leaving behind a denuded and scarred hillside and a 400-hectare (approximately 1,000 acres) site thoroughly contaminated with asbestos. The dumpsite was considered one of the most hazardous sites in Italy. If it were located in the United States, it would have been labeled a Superfund site.

A 08 study found a higher than normal incidence of mesothelioma among former workers at the mine (both blue collar and office personnel). The study also found a mesothelioma cluster among local residents who had never worked at the mine but were exposed to asbestos fibers that contaminated the air, land, and water around the Balangero mine.

Back to Nature: Remediation of an Asbestos Mine

In 1992, after Italy banned asbestos, it became clear that the mine would never reopen. Several local and regional governments banded together to clean up the site. A fund of 40 million Euros (44 million dollars) was created to pay for the remediation.

In the late 190s, after careful planning, crews in hazmat gear began working to clean up the former mine, which included a number of buildings filled with machinery contaminated with asbestos, the glory hole (now filled with water), several tunnels through the mountain, and the unstable slope of the dump site.

One of the first steps was to reintroduce vegetation on hillsides laid bare by decades of mining and grading. Crews dropped seeds from helicopters across the excavated moonscape and new life began to sprout.

The most critical task was to stabilize the slope where the mine had dumped its dry tailings. A landslide could send a cloud of asbestos fibers into the air, raising the risk of mesothelioma in surrounding communities, as well as contaminate a nearby waterway. The remediation group set up a tramway to airlift out some of the contents of the overfilled dump. The remaining slope in the dumpsite was stabilized with wires and logs. Plantings were added to further prevent erosion of the slope.

The design called for the creation of wooden conduits to channel water and prevent erosion. The water that runs off the slope of the dumpsite is captured and filtered at the bottom of the hill before it enters a local creek, to prevent toxic asbestos fibers from entering the waterway.

The remediation group set up an enclosed warehouse on the site where they carefully sealed and bagged toxic materials from the Balangero mine. The processing machinery will be decontaminated and the metal melted down.

During the remediation process, trucks spray roadways and other surfaces to keep asbestos fibers from becoming airborne. Vehicles are decontaminated before they leave the site.

Return of a Green Valley

Almost two decades on, remediation is not yet complete and much of the original funding remains to be spent. As part of the project, monitoring stations check the ambient air for asbestos fibers so crews can target their remediation efforts and ensure that air quality goals are being met.

Amazing progress has been made, however, in transforming one of Italy’s most toxic sites back to the verdant landscape that existed before the Balangero mine opened.

A recent YouTube video about the reclamation shows a brilliant blue lake in place of the ugly hole of the chrysotile asbestos mine pit. The grim, barren landscape of the abandoned mine has been replaced by verdant hillsides. If you didn’t know what had been there before, you might think this was just another one of the lovely alpine landscapes that Northern Italy is famous for.

Even more importantly, generations of residents in Balangero, Corio, and other neighboring towns will be spared the mesothelioma risks that The remediation is putting toxic asbestos where it belongs: safely underground.

Mesothelioma Verdict Withstands Second Appeal"> Mesothelioma Verdict Withstands Second Appeal

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Mesothelioma Verdict Withstands Second Appeal -

A mesothelioma verdict was recently upheld by the California Court of Appeal, First District (Hellam v. Crane Co. (2015) 239 Cal.App.4th 851).  Our team from Kazan Law successfully defeated a second attempt by Crane Co. to use James Hellam’s mesothelioma settlements to reduce the economic-damages award it must pay.  Mr. Hellam died from mesothelioma he developed from exposure to asbestos in Crane Co.’s products while working at his grandfather’s boiler service when he was a teenager.

Threat to How Mesothelioma Settlements Are Used to Reduce Economic Damages Defeated

In its second thwarted attempt to reduce the Hellam family’s economic-damages award, Crane Co. tried to get the courts to reconfigure the entire way mesothelioma settlement amounts are applied to reduce economic damages in wrongful death and personal injury cases.

In its decision to deny that request, the court characterized Crane Co.’s proposed change to the method of using mesothelioma settlements to calculate the setoff for economic damages as being “completely at odds” with California law.  If it had been successful, the change Crane Co. sought could have significantly reduced, if not completely erased, the jury’s award of $937,882.56 in economic damages to Mr. Hellam.

Hellam affirms California’s long-standing method for allocating pre-verdict mesothelioma settlement proceeds to determine the defendant’s setoff for economic damages.  I see this case as a great example that demonstrates how our current judicial system works.

This decision has a broader impact to plaintiffs, especially those involved in multi-defendant tort actions.  It preserves public policies that are strongly reflected in the law, including encouraging mesothelioma settlements and maximizing the injured plaintiff’s recovery from the at-fault parties.

Kazan Law partners Dianna Lyons and Frank Fernandez, both now retired, tried and won the mesothelioma case against Crane Co.  Kazan Law of counsel Ted Pelletier and associate Ian Rivamonte successfully handled the appeal.

Economic Damages Part of Mesothelioma Verdict Upheld

Crane Co. attempted with this second appeal to increase the amount of a mesothelioma settlement credit the company was entitled to for economic damages. But the appellate court rejected this proposed change.

While Crane Co. tried to base this second appeal on how mesothelioma settlements should be used to reduce economic damages, its first appeal challenged the jury decision over its liability in the case. The appellate court held that evidence supported the finding that Crane’s gaskets and cement were defectively designed because they emitted and exposed Hellam to significant levels of toxic asbestos fibers during ordinary use.

This appellate decision made in April 2014 affirmed the trial court’s award of over $85,000 in litigation costs to Mr. Hellam and the following compensation for damages:

Economic damages = $937,882.56

Non-economic damages = $4,500,000.00

Total = $5,437,882.56

Mesothelioma Verdict Based on Teenage Asbestos Exposure

As a teenager, Mr. Hellam worked for his grandfather’s one man boiler service operation, over the course of five summers between 1962 and 1966.  Mr. Hellam’s grandfather purchased Cranite gaskets and a dry powdered cement product from Crane Co’s wholesale outlet in Salinas, California.  When Mr. Hellam mixed that powdered material with water to form a slurry in the process of refurbishing boilers, and cut sheet gasket material in the refurbishing process, he inadvertently inhaled asbestos dust.

Because the products carried no warnings, Mr. Hellam’s grandfather did not know to take precautions for himself and his grandson in handling the Crane Co. products or to choose a substitute product that did not contain asbestos. Mr. Hellam had no asbestos exposure during the rest of his career. He was a San Jose, California police officer for 13 years before becoming a motivational speaker for the next 31 years of his life.

A Hall of Fame softball player, Hellam had taken pride in coaching both of his sons in softball and had eagerly anticipated teaching his grandsons how to play. He also was looking forward to continuing his career in worldwide motivational speaking which allowed him to travel around the globe.

Then suddenly, his once rich and full life came to a halt.  Instead of doing the things he loved, he was forced to focus his dwindling energy on battling malignant mesothelioma – a battle he sadly lost.

Now with this second appeal upholding the full $5.4 million mesothelioma verdict we won for him, we hope Mr. Hellam’s family can find some peace and that this tragic case now can be closed.

 

Mesothelioma Attorney— Highest Verdicts and Settlements"> California Mesothelioma Attorney— Highest Verdicts and Settlements

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California Mesothelioma Attorney— Highest Verdicts and Settlements -

California mesothelioma attorney

 

 

If you have been diagnosed with mesothelioma and have lived or worked in California,  you need to find a California mesothelioma attorney with proven experience in asbestos litigation.

As a victim of asbestos exposure, you are entitled to seek justice and financial compensation for your medical care, living expenses, and the future welfare of your family.

Act now. Let us help you understand and protect your legal rights.

The Best California Mesothelioma Attorney for Your Case

Choosing the right California mesothelioma attorney will probably be the most important financial decision you’ll ever make. And working with a Kazan Law attorney can be worth millions of dollars for you and your family.

Money cannot replace a person. But money can prevent additional unnecessary suffering on the part of your family by paying the bills. It also helps give you and your family a sense of justice. A great harm was done to you and the right California mesothelioma attorney can make sure that those responsible are held accountable, and that your family’s financial security is guaranteed.

Over 40 Years Experience

Since its founding in 1974, Kazan Law has represented thousands of people suffering from asbestos related illnesses, particularly mesothelioma. Our principals include pioneers in asbestos litigation and are among the most experienced mesothelioma attorneys in the state, if not the entire country. We have unmatched experience in asbestos bankruptcy reorganizations and asbestos bankruptcy funds.

There are approximately 2,500 new cases of mesothelioma diagnosed each year in the United States. The laws and parameters regarding winning a mesothelioma lawsuit are complicated and vary from state to state. Attorneys at Kazan Law who focus intensively on asbestos law know the intricacies of asbestos litigation and have the experience to successfully take a case through the court system are a special breed.

What Our Clients Say


“You guys never cease to amaze me. Thank you for your consistent efforts on behalf of me and the boys. We appreciate the checks. The boys don’t have to worry about funds for college and I don’t have to worry about funds to live on as a single mom. You guys are fabulous. I know it’s a team and you all work together like a well-oiled machine.”– Debra Clemmons

Call 888-887-1238 or fill out the form to the right today to get your free information.

 

 

 

 

Mesothelioma Settlements Work?"> How Do Mesothelioma Settlements Work?

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How Do Mesothelioma Settlements Work? -

mesothelioma settlementsIf you have a mesothelioma diagnosis, you probably have a legal claim against the corporation or corporations that caused your mesothelioma. At some point after you hire an asbestos attorney and file your lawsuit, your lawyer will probably engage in mesothelioma settlements negotiations with some or all of the companies you are suing. Mesothelioma settlements can be quite large

Most Lawsuits End with Mesothelioma Settlements

Mesothelioma settlements are the most common outcome for people who file lawsuits to recover damages for their asbestos-related illness. This mirrors a trend in the legal world at large: the vast majority of lawsuits of all kinds settle before going to trial. Trials make news headlines and exciting TV shows, but settlements make more sense for most plaintiffs.

While jury verdicts are often larger than settlements, they may be reduced on appeal. And of course, no case is a sure winner at trial, some are lost! Trials can take months or even years and that’s time that most mesothelioma patients don’t have. Mesothelioma settlements are often paid more quickly than jury verdicts, so funds can be available to help with mesothelioma care.

How Much Are Typical Mesothelioma Settlements?

One of the reasons that corporations prefer to a settle lawsuit rather than going to trial is that settlement agreements are almost always confidential. The corporation agrees to pay a certain amount of money and, in exchange, you and your lawyer agree not to publicly reveal the amount of the settlement. For this reason, it is hard to give a specific amount for typical mesothelioma settlements.

At Kazan Law, we have decades of experience negotiating mesothelioma settlements. While juries may award plaintiffs with mesothelioma more than they would get in a settlement, settlements can also run in the tens of millions of dollars.

What Factors Affect Mesothelioma Settlements?

Mesothelioma settlements are the result of negotiations between your lawyer and the defendants. When considering whether it makes sense to settle your mesothelioma lawsuit or bring it to trial, you and your asbestos attorney will want to consider several factors.

The first and most important is whether the defendant is willing to negotiate in good faith and to make a reasonable offer. If a corporation refuses to acknowledge its responsibility, a jury trial may be the only way to get the compensation you deserve.

Another important factor is the strength of your case. For example, let’s say that you have named two defendants in your lawsuit: Corporation A and Corporation B. You worked with Corporation A’s products for 12 years repairing machinery in a boiler room where its asbestos insulation was used. Corporation A has been named in other asbestos lawsuits; a number of workers have developed mesothelioma or other asbestos diseases. In fact, one of your former coworkers who used Corporation A’s productsalso has mesothelioma. Your case against Corporation A is strong. You are likely to win at trial against Corporation A. You may decide to settle, but only if the defendant offers fair compensation for your illness.

Now let’s look at Corporation B. You only worked with its  products for three months, at many different sites and you worked around its asbestos only occasionally and for short periods of time  It is possible that your illness was caused or contributed to by your work with Corporation B’s products. However, the link is weaker.

With Corporation A and Corporation B, the strength of your case will affect the amount of the mesothelioma settlements. Your attorney will be able to demonstrate to Corporation A that he or she can present a compelling case to a jury. There is a strong likelihood that you would win a large verdict against Corporation A, so your attorney is more likely to be able to negotiate a large settlement amount with Corporation A. With Corporation B, your lawyer might advise you that a modest mesothelioma settlement is a better option than taking your case against Corporation B to the courtroom.

What is the Timing of Mesothelioma Settlements?

Settlement negotiations can begin almost immediately. However, many parties prefer to wait for the discovery process before considering mesothelioma settlements.

When you file your mesothelioma lawsuit, your attorney will conduct discovery, which is the process of demanding documents from the defendants and developing the facts of your case. The information that comes out in this phase of your lawsuit will help determine the size of mesothelioma settlements with the different defendants.

The timing of settlements varies widely, depending on the willingness of both sides to settle the case and what type of mesothelioma settlements are offered. Some cases settle within a few months. Some may settle the day the case is scheduled to go to trial. This is known as settling on the courtroom steps – and that is sometimes where settlement agreements are reached. Some cases may even settle in the middle of the trial.

One of the most important factors for you to consider about mesothelioma settlements is your health and your energy level. If you can reach a just settlement and end your case early, you can focus on what is really important: your health and your loved ones.

mesothelioma death shows devastating impact of asbestos"> Scotsman’s mesothelioma death shows devastating impact of asbestos

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Scotsman’s mesothelioma death shows devastating impact of asbestos -

The mesothelioma-caused death of a Scotsman has spurred his widow to take up the fight against asbestos, which triggered the rare and deadly cancer that killed her husband.

Jim Duff passed away at the age of 62 from asbestos exposure that occurred 30 years prior to his death, when he worked in the civil service at RAF Pitreavie, a British air force base, according to the Daily Record. Now, Duff’s widow, Rhona, is joining a campaign to raise awareness of mesothelioma and other asbestos-related diseases.

Duff’s encounters with asbestos and his fatal battle with mesothelioma are instructive in the sense that they show just how much peoples’ relationship to the deadly mineral has changed over the years.

"There was work being done on the building and dust was everywhere," the 59-year-old Rhona told the new source. "They used to throw it about like snowballs because they had no idea about the dangers.”

This unawareness of the dangers posed by asbestos was typical just a short while ago.

The deadly mineral was first used by the ancient Greeks and Romans, who considered it to be a miracle material of sorts because of its resistance to fire.

The use of asbestos in construction projects and industrial work was common throughout much of the 20th century, not just because of its flame-retardant properties but also because of its utility as an insulator. While the health risks posed by asbestos were noted a number of times throughout history, it wasn’t until recently that an effort was made to ban its use. In fact, the effort to exile asbestos to the scrap heap of history, along with lead pipes and lead paint, is still ongoing as some countries, including Canada, still mine the deadly mineral.
Many people are still not aware that asbestos exposure can cause deadly diseases like mesothelioma, asbestosis and lung cancer, and, until recently, that group included Rhona Duff.

"In fact, until Jim’s diagnosis I had never even heard of mesothelioma," she said.

Unfortunately, Rhona is now far too aware of the toll that asbestos exposure can take on someone’s life.

"It is certainly something I know all about now. Because of it, Jim suffered the kind of horrible death that I wouldn’t wish on anyone," she told the news source. "All it takes is for someone to breathe in one tiny speck and 30 years later they get a diagnosis like this."

Asbestos-related diseases are particularly insidious because symptoms can take years to manifest, and when the illness can finally be diagnosed, it is often too late for doctors to do anything for the patient. For example, Jim passed away just six months after he was diagnosed with mesothelioma.

"There are no early-warning signs so it was only when the cough began that we had any idea that there was something the matter," Rhona said. "Then they thought it was fluid on the lung. But when Jim went in to get it drained, they did further tests and were finally able to tell us it was mesothelioma."

The Duffs did all they could to help Jim fight his disease, but were unable to save his life.

"The illness just completely took over," Rhona told the news provider. "I miss the laughs and the good times we had together."

Now Rhona is doing her best to help the British Lung Foundation spread the word about the devastating effects of asbestos exposure in the hopes that others can avoid the ordeal she and her husband experienced.

The World Health Organization estimates that 0,000 people die every year worldwide because of asbestos-related diseases. ADNFCR-3360-ID-19883874-ADNFCR

7/9/10

Mesothelioma Research"> New Gene Sequencer is Poised to Revolutionize Mesothelioma Research

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New Gene Sequencer is Poised to Revolutionize Mesothelioma Research -

5500 SOLiD SequencerIn the U.S., mesothelioma has led to countless deaths, and currently, little can be done about it. However, the Thoracic Oncology Program at the University of California, San Francisco (UCSF) has ushered in a new era in mesothelioma research by acquiring a state-of-the-art genetic sequencing tool.

Called the 5500 SOLiD Sequencer, the device offers researchers the ability to fully sequence malignant lung cell genomes and analyze gene expression in mesothelioma tissue, often in as few as 24 hours.

The practical applications of such a device put it as the forefront of the development of potential mesothelioma treatments.

Mesothelioma is a universally fatal disease, for now

Each year, roughly 3,000 new cases of mesothelioma are diagnosed in the U.S., according to the American Cancer Society. The vast majority of cases can be attributed to asbestos exposure, even if contact with the mineral was relatively brief and occurred decades ago.

The average survival time beyond diagnosis of mesothelioma is just 15 months, the National Cancer Institute states. Annually, approximately 10,000 deaths can be attributed to asbestosis, mesothelioma and other asbestos-related conditions, according to the Environmental Working Group.

However, the origins of mesothelioma go beyond mere exposure to toxic asbestos dust. Scientists have found that cell-level changes associated with the substance appear to engender – or at least, increase the risk for – dangerous genetic mutations. It is this damage to the nucleic acids that makes mesothelioma so virulent and, following diagnosis, so fast-growing.

How is the UCSF team putting the 5500 SOLiD Sequencer to work?

The Thoracic Oncology Program has collected tissue samples from more than 0 patients with mesothelioma. These snap-frozen specimens are matched samples, meaning each individual donated both healthy lung tissue and cells afflicted with malignant mesothelioma.

Unlike other teams that hew to broad, inflexible therapeutic experimentation, the UCSF group will use the 5500 SOLiD Sequencer to develop treatments that are tailored to a mesothelioma patient’s specific genetic tumor line.

To do so, the team plans to use the new device to sequence the full genetic makeup of mesothelioma cell lines. By comparing the resulting data to normal cell samples, researchers will have the chance to locate previously undiscovered genetic mutations, potentially leading to unique treatments for the deadly disease.

With the 5500, the UCSF team members expect to be able to fully sequence even the most complex tumor cell lines in less than a week. The group expressed its enthusiasm for the innovative, individualized systems-biology approach.

Mesothelioma"> Inspirational Stories of Those Whose Lives Have Been Touched by Mesothelioma

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Inspirational Stories of Those Whose Lives Have Been Touched by Mesothelioma -

Man with nurse smiling“Remember to look up at the stars and not down at your feet. Try to make sense of what you see and wonder about what makes the universe exist. Be curious. And however difficult life may seem, there is always something you can do and succeed at. It matters that you don’t just give up.” – Stephen Hawking

One of the most important parts of living with mesothelioma is knowing that you’re not alone. You have friends, family members and coworkers who care about you, not to mention other mesothelioma survivors out there who understand exactly what you’re going through.

If you could use a little uplift in your day, there are hundreds of inspirational stories out there written by people who are living with mesothelioma and not letting the disease stand in their way.

15 Year Mesothelioma Survivor

One of the most unique is the story of Paul Kraus. Born in an Austrian concentration camp in 1944, Kraus emigrated to Australia with his family. In the 1960s, he worked close to a factory that processed asbestos sheets. Then, in 1997, at the age of 53, Kraus was diagnosed with mesothelioma.

Even in the face of such a terrible disease, he has not let his illness get him down. Kraus was given less than a year to live, yet he continues to thrive even now! He has written countless books on living with mesothelioma, in which he recommends some basic dietary and lifestyle changes. Today, he lives with his wife and their two miniature schnauzers in a little town north of Sydney.

6 Year Mesothelioma Survivor

Another inspiring story is that of Debbie Brewer, a 52-year-old mother and patient activist in the UK. Though diagnosed with mesothelioma six years ago, she is still as energetic as ever.

Her secret? It’s all in the mindset. “Mesothelioma isn’t always about dying. It’s about living as well, ” she told This Is Plymouth. “I want to be around to see my first grandchild, to see my children move in to their first homes. I don’t want to leave them behind not coping.”

If you’re looking for more inspirational stories about those whose lives have been touched by mesothelioma, there are a number of places to try.

At Kazan, McClain, Lyons, Greenwood and Harley, we recommend a number of books written by survivors, including Kraus’s Surviving Mesothelioma and Other Cancers, J.R. O’Connor’s They Said Months, I Chose Years!, and the handy guidebook 100 Questions and Answers about Mesothelioma by Harvey Pass, Amy Metula and Susan Vento.

If you’d like to tell your own story to help others, you can do so here at the website of the American Cancer Society.


Mesothelioma Victim Eric Weston"> A Memorial Tribute to Mesothelioma Victim Eric Weston

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A Memorial Tribute to Mesothelioma Victim Eric Weston -

Eric Weston

Eric Weston

What follows are excerpts from Eric Weston: Life, Art, and Passions, a memorial tribute to our client who lost his life to mesothelioma at the young age of 56. This final chapter was written by Betsy Sanders, a very close and longtime friend to Eric.

In July of 08, Eric noticed he was becoming short of breath. He felt some pressure on his lungs and felt like there was fluid in his lungs. It took him until early August before he saw his doctor. At that time he had fluid removed from his chest cavity and felt great afterward.

Eric’s doctor, Dr. Andrew Ross, wanted him to see a specialist to find out what was causing the accumulation of fluid; so, he went into Alta Bates in early September for a biopsy. The next day, Steph Zlott was with Eric when his doctor came in to talk with him about what they had discovered. She said, “Well I wish I had good news for you but I don’t. You have mesothelioma.”

His doctor went on to say, “On the outside, if you don’t do anything, we’ll give you a year to a year and a half. You might have as much as five years if you decide to have treatment.”

Gwen went with Eric to see the UCSF oncologists who are known for their aggressive treatment of mesothelioma. He wanted a second opinion before he made any decisions. The diagnosis and treatment options were the same. Soon after the second diagnosis, Eric made the decision not to go through treatments or surgery for his mesothelioma. He did not want to be a “patient” for the rest of his life.

Eric had his ups and downs, but he seldom broke down. He did have some days of depression, but generally lived well in the time he had left.

Eric eventually decided to consult an attorney to determine if he had a viable lawsuit. Eric’s brother, Scott, had a friend who worked for the law firm of Kazan, McClain, Lyons, Greenwood & Harley and they agreed to take the case. They are considered the best law firm for any case relative to mesothelioma. Eric was very impressed with them.

Denise Abrams was one of the senior attorneys at Kazan, McClain, Lyons, Greenwood & Harley. When she met with Eric, she immediately felt a connection and came out of partial retirement to be the lead attorney for the lawsuit. Nearly twenty people from Kazan, McClain, Lyons, Greenwood & Harley worked on Eric’s lawsuit.

I Love You Still

I Love You Still

When Denise and a few others went to Eric’s home, they were amazed at what he had created in his home with his art. Seeing him in his own environment brought things even closer. Eric was so impressed with Denise that he left her a piece of art she had admired, a piece entitled “I Love You Still”.

It took about eight months before a few of the companies decided to settle. Once they settled, more followed suit, so Eric didn’t have to go to trial.

I was very fortunate to have met many of the people from Kazan, McClain, Lyons, Greenwood & Harley who helped Eric through this difficult lawsuit, which ultimately brought him the financial security to live out his final eight months. He bought himself a 08 911 Porsche and I know he enjoyed the times he was able to drive around the Bay Area and to the beaches of Sonoma County.

February 27, 2010 was a sad day for all Eric’s friends and family. It was also a day of peace because we knew he had been released from the pain.

Look Homeward Anvil

Look Homeward Anvil

Denise Abrams recently wrote the following about this book. “Thanks for this lovely tribute to Eric. It was such an honor to represent him and his case will have a lasting impact for other workers with similar exposures. Eric was a true trailblazer and a quiet giant. We all miss him.”

Mesothelioma Patients can Benefit from Support Systems"> Caregivers of Mesothelioma Patients can Benefit from Support Systems

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Caregivers of Mesothelioma Patients can Benefit from Support Systems -

caregiver with elderly manAt Kazan, McClain, Lyons, Greenwood and Harley, we not only care about clients who are battling malignant mesothelioma and other asbestos-related diseases, but we are engaged with their loved ones as well. As this illness advances, patients need more extensive care in order to live as comfortably as possible. In some cases, a relative or friend may take on the role of caregiver.

We recognize that this is a noble and loving gesture, considering that most patients with advanced illnesses prefer to live at home rather than a long-term care institution. In this post, we offer some tips that hopefully can be informative for those who decide to become caregivers for our clients who have asbestos-related diseases.

A wide range of tasks

As a caregiver, you are considered part of a patient’s medical team. According to the American Cancer Society (ACS), your tasks may include keeping track of appointments, handling insurance issues, making sure the patient is getting enough food and rest, following medication instructions and helping with everyday functions such as bathing and dressing.

The ACS has several guidelines to ensure that you provide the best care you can:

  • Keep the patient involved in his or her treatment plan.
  • Allow the patient to make their own decisions, but provide guidance if their judgments are poor.
  • Encourage the individual to do as much as they can to care for themselves.
  • Be mindful of your own needs, including rest, exercise, healthy eating and medical care.
  • If you are feeling overwhelmed, turn to the rest of the medical team for guidance.
  • Don’t be afraid to ask for help from others so that you can take time for yourself. Make a list of tasks you need the most help with, and check with loved ones to see if they are able to assist with anything specific.

These tips will become increasingly important as more individuals are diagnosed with asbestos-related diseases. According to the Environmental Working Group, the incidence of these illnesses may not peak for another decade or more.

Good ways and bad ways to tackle stress

It is normal to feel frustrated, fatigued or otherwise burned out from having to take care of a sick loved one. All people need to figure out the best way for them to deal with stress.

According to the ACS, healthy coping mechanisms include eating healthy food, exercising five times a week, engaging with a religious community, turning to internet support groups, practicing relaxation techniques such as yoga and staying in contact with supportive friends and family.

In contrast, tobacco use, sleep medication, alcohol consumption or bringing work home can aggravate stress.

mesothelioma research and treatment"> Personalized medicine may brighten outlook on mesothelioma research and treatment

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Personalized medicine may brighten outlook on mesothelioma research and treatment -

nurse with patientIndividuals who have been diagnosed with malignant mesothelioma share certain things in common. Asbestos exposure was a likely cause of your condition. Respiratory difficulties are a prominent problem. If you were not aware that you were developing the disease until its symptoms manifested, you were probably diagnosed while the cancer was in its advanced stages.

With all these similarities, you would expect that all patients with your illness would respond the same way to the same treatments. Unfortunately, this is not true. Not all mesothelioma patients react equally to chemotherapy, radiation or surgery. One of the most important reasons for this is that the diseased tissues in patients may be genetically different.

At Kazan, McClain, Satterley, Lyons, Greenwood & Oberman, we keep track of the most promising advances in the medical field. One active area of scientific research, known as personalized medicine, is giving scientists hope that they can treat patients more effectively.

Personalized medicine is shifting the focus in cancer
Currently, most patients (and even some medical professionals) think of cancer in terms of the organ or tissue from which it originates. For example, people are familiar with prostate cancer, breast cancer, liver cancer, lung cancer and so on. They also think of leukemia as affecting the blood-forming cells of the bone marrow.

However, Edward Benz, Jr., M.D., the president of the Dana-Farber Cancer Institute, discussed new ways of thinking about malignant diseases in a blog post on the website for Stand Up To Cancer, an advocacy group that supports basic research. He noted that in recent years, scientists started understanding that tumors in individual patients, even when they are the same type of cancer, may have important differences that can impact the success of treatment.

For example, women who have breast cancer have diseased cells that may be classified according to the presence or absence of a cell receptor that responds to hormones and hormonal treatments.

Additionally, women can have certain mutations in specific genes that can make them more likely to develop breast cancer or other malignancies. Knowledge of these mutations can help doctors determine whether certain women need to be monitored more closely.

These approaches are part of what is known as personalized medicine, in which treatments can be tailored to patients at the individual level rather than with sweeping, broad strokes.

How can mesothelioma patients benefit from personalized medicine?
The reason why personalized medicine can be valuable for people with mesothelioma is that it can help doctors determine which therapeutic approaches may be the most appropriate for different patients.

For example, one team of scientists from around the U.S. released a study in 04, which demonstrated how a panel of 27 genes helped doctors predict survival time among mesothelioma patients who underwent surgery.

By 09, researchers from this team refined this approach further by predicting survival among surgical patients with the help of a four-gene expression ratio test.

“Patients whose gene ratio test results predict a good prognosis after surgery may more confidently select the treatment option that includes surgery,” Raphael Bueno, M.D., and his colleagues wrote in their study.

Knowing who to operate on could be important because such procedures are invasive and, if approached haphazardly, can actually hurt patients.

The search continues
While personalized medicine sounds promising for mesothelioma patients, this scientific advance is still relatively young.

“For all its promise, the field of cancer genomics is less than a decade old. The progress in mapping out cancer’s genetic variety, though substantial, is still at a relatively early stage,” Benz wrote in his blog. “As we fill in the map and develop a new taxonomy for cancer – a new system for distinguishing tumor types and subtypes – the advances promise to be enormous. But we are still learning how to use these powerful new tools. Much remains to be done.”

And we, along with our clients, can’t wait to see what comes next.

Related posts:

Mesothelioma Clinical Trials: What They Are, How They Work, How to Participate

Mesothelioma Treatment by Stage

Current Mesothelioma Treatment Research and Studies