When it comes to medication, sometimes the way that doctors administer it is an important factor that can affect its effectiveness. One active area of scientific research aimed at developing better treatments for malignant mesothelioma involves exploring different methods of delivering drugs.

For example, Genelux, a pharmaceutical manufacturer based in California, is working in collaboration with the Memorial Sloan Kettering Cancer Center to evaluate the performance of GL-ONC1. The researchers want to know how effectively the agent can treat diseases such as mesothelioma and non-small cell lung cancer after doctors deliver it directly into the intra-pleural cavity of patients who develop malignant pleural effusions.

Current treatments fall short
Experts from the National Cancer Institute say that the treatments most suited for mesothelioma may partly depend on the stage of one’s disease. For example, if you are in the earliest stages of the illness, doctors may recommend surgery to remove the abnormal pleural lining and portions of other tissues in order to minimize the amount of malignant tissue that is present. This may be combined with radiation therapy as well as chemotherapy, both of which help further eradicate the cancerous cells.

In the advanced stages of the disease, surgery may no longer be an option.

Although these treatments may help alleviate the symptoms of your disease while extending survival time, they cannot cure mesothelioma. This underscores the need for better approaches to this illness.

Pleural effusions may provide a window
In order to develop a better treatment for respiratory malignancies caused by exposure to asbestos, scientists at Genelux created GL-ONC1, which is a modified form of the vaccinia virus that produces green fluorescent protein (GFP) in the body after it is activated. The GFP allows medical providers to track the medication’s activity.

Researchers at Genelux designed GL-ONC1 as a regimen for patients who develop malignant pleural effusions, which affect about 30 percent of individuals who have respiratory cancers. The NCI described this medical complication as an abnormal accumulation of fluid in the pleural space that envelopes the lungs. If not treated properly, a pleural effusion may cause chest pain, cough and shortness of breath.

Previous studies to evaluate GL-ONC1 suggested that the agent is safe in humans who have other types of cancer. This new trial will deliver the drug candidate as a single dose to patients who develop pleural effusions because of diseases such as mesothelioma. The goal is to further verify safety while determining the best dose for intra-pleural delivery.

Clinical trial will benefit everyone
The current trial on GL-ONC1 will ultimately enroll a maximum of 54 patients, all of whom will have to undergo video-assisted thoracic surgery and pleural biopsies. Like all clinical trials, there is a risk of failure. However, regardless of whether the experiment produces the desired results, scientists will gain valuable knowledge into how to tackle respiratory cancers.

At Kazan Law, we appreciate the value of these experiments. If you are interested in participating in this or any other clinical trials, talk to your doctor. You can also consult the NCI or the American Cancer Society, both of which carry information on the latest ongoing studies.

Remember that not all individuals with a particular disease may be eligible for specific clinical trials. Furthermore, you may not see the positive results you want. However, your participation would promote the work to help future patients.

Because it may take decades for symptoms of malignant mesothelioma to develop to the point that it can be diagnosed, it is highly likely that a person suffering from mesothelioma could be over 65.  And if a mesothelioma patient is over 65, it is possible that he or she is on Medicare.  But you could be eligible for Medicare benefits if you require mesothelioma treatment even if you are under 65.

Medicare is the federal government’s healthcare program intended primarily for older Americans. It covers qualifying individuals age 65 or older. But it also covers people under age 65 who are disabled and suffering from serious illnesses like mesothelioma.

When a worker who has paid a sufficient amount into the Social Security system becomes unable to hold a job for at least 12 months, he or she is eligible for Social Security disability (SSD) benefits. If you meet the criteria for disability, you could begin receiving Medicare two years after being approved for SSD.

But if you receive a personal injury legal settlement, you may have to use part of it to repay Medicare for your mesothelioma treatment. Medicare refers to their reimbursement right as a “reimbursement claim” but it is basically the same as a healthcare lien. Federal law requires all parties to “consider Medicare’s interests” in third party settlements where Medicare has made what are called “conditional payments” for injury-related care.

The term “conditional payments” describes the injury-related healthcare payments Medicare made for your mesothelioma treatment, although another party caused – and is legally responsible for – your injury. Medicare pays for your care on the condition that the responsible party’s funds will be used to pay the program back for your treatment.

A federal law called The Medicare Modernization Act of 03 requires you and your attorney to inform Medicare that they made a “conditional payment.” Your attorney should request a conditional payment summary, then analyze, review and resolve Medicare’s claims for reimbursement. At Kazan Law, we work hard for our clients and part of that is making sure that you do not get stuck using your settlement to pay medical bills that have been inflated in anticipation of a settlement claim.  When we obtain large settlements for our clients, we also see to it that they get to keep as much of it as possible by carefully examining insurance and Medicare itemized claims and medical bills, and negotiating appropriate deductions for the value of our efforts in collecting the funds so that typically our clients end up paying less than half the claimed amount.

Mesothelioma and Asbestos Trial Verdicts

At Kazan Law, an award-winning California mesothelioma and asbestos law firm, we accept a relatively small number of cases and prepare every one of them for trial. Over the years, defendants and their lawyers have learned that trying cases against Kazan Law is rarely productive and almost always very expensive. As a result, they are anxious to settle cases with us. Even when we start trial, we almost always resolve it by settlement before a verdict.

Other lawyers report settlement amounts on their web sites; we do not. Our mesothelioma settlement amounts are held confidential for two reasons. First, our clients never want their personal financial information spread all over the Internet, and if we listed those settlements, everyone would know how much money that client received. Second, defendants who settle with us don’t want other defense lawyers to know how much they have paid our clients. They certainly don’t want other plaintiffs’ lawyers to know, because if word got out, those lawyers would try to get the kind of settlements we get.

So, if we bragged about our settlements as others do, it would let people figure out which clients got how much, and it would hurt all our future clients because it would reduce the potential for getting them the kinds of settlements we have gotten others in the past. Since our primary responsibility is to do the very best we can for every client, the decision to forgo “bragging rights” is an easy one.

We can’t brag about our settlements, but verdicts after trials – whether before a jury or just with a judge – are public information.  We aren’t afraid to bring cases to trial when we don’t receive a reasonable settlement offer from defendants, and we are successful in getting fair verdicts when we try a case like those below that have gone all the way through trial.

If you have a case, we would be pleased to evaluate it for you and give you our honest and well thought-out assessment of its potential on a private and confidential basis. You can be confident that unless we go to jury verdict, no one will ever know how much we recovered for you.

$32,800,000 Mesothelioma Verdict for Former Machinist

After a one-month trial, a Los Angeles, California jury returned a mesothelioma verdict which found American Optical Corporation substantially responsible for Louis William Tyler developing mesothelioma. The jury also found that American Optical Corporation acted with malice, fraud or oppression, determining the respiratory equipment manufacturer knew its product couldn’t prevent dangerous asbestos exposure and hid that fact from purchasers.  (William and Becky Tyler v. American Optical Corporation, Case No. BC588866, Los Angeles County Superior Court)

$6,951,000 Mesothelioma Verdict for Boilermaker

After a six-week trial, an Alameda County, California jury returned a mesothelioma verdict which found Union Pacific Railroad Company responsible for the suffering and wrongful death of Jeffrey Emerson, who worked as a boilermaker at the Southern Pacific Railroad from 1971 to 1995. The company merged with Union Pacific in 1997. (Emerson v. Union Pacific Railroad Co., Alameda County Superior Court, Case No. RG-13698637)

$27,342,500 Mesothelioma Trial Verdict for Former Wife of Insulator

An Oakland, California jury found that Owens-Illinois, a former manufacturer of KAYLO asbestos containing thermal pipe insulation, manufactured a defective product, was negligent, and failed to adequately warn consumers, and fraudulently concealed the health hazards of its KAYLO products. The jury also found that Owens-Illinois, Inc. acted with malice, oppression or fraud. (Rose-Marie and Martin Grigg v. Owens-Illinois, Alameda County Superior Court Case No. RG12629580).

Mesothelioma Trial: $11,000,000 Wrongful Death Verdict Reached for Automotive Parts Man with Mesothelioma

An Alameda County, California jury returned an $11 million verdict in an wrongful death suit against Pneumo Abex LLC on January 15, 2014. The jury was tasked with deciding the full amount of Mr. Bankhead’s widow’s and daughters’ losses due to his wrongful death 17 years before his life expectancy. (Emily Bankhead, Tammy Bankhead, and Debbie Bankhead Meiers v. ArvinMeritor, Inc., et al., Alameda County Superior Court Case No. RG12632899)

Confidential Resolution Reached for Airline Pilot

Kazan Law filed suit against the manufacturers of the asbestos products that an airline pilot diagnosed with mesothelioma was exposed to, as well as the property owner, tenant, and contractors at the hangar the man visited as a child. Kazan Law was able to defeat the defendants’ two attempts to remove the case to Federal Court in Philadelphia. The case was successfully resolved during jury selection. (Timothy and Caroline Vest v. Allied Packing & Supply, Inc., et al.,
Alameda County Superior Court Case No. RG09489518)

$5,437,882 Asbestos Verdict for Leadership Trainer

An Oakland, California jury found Crane Co, a manufacturer of industrial products, liable for a man’s mesothelioma after hearing evidence showing that Crane Co corporate officers knew or should have known as early as the 1930s that asbestos causes diseases that kill. (Hellam v. Crane Co., Nos. A138013 and A139141, 2014 WL 1492725 Cal. Ct. App., 1st Dist. Apr. 16, 2014)

$6,825,000 Verdict for Career Auto Mechanic

A Hayward, California jury found Ford Motor Company guilty of defectively designed products, failure to warn of product defect, and negligence. (Patrick Scott and Sharon Scott v. Allied Packing & Supply, Ford Motor Company, et al, Alameda County Superior Court No. RG12613671)

$17,400,000 Two-Phase Verdict for Heavy Duty Vehicle Parts Man

An Alameda County, California jury found that manufacturers Pneumo Abex, Arvin Meritor, and Carlisle Corporation defectively designed their brakes, failed to adequately warn consumers and customers of the dangers the brakes posed, were negligent, and intentionally concealed information that could have prevented harm, and acted with malice, fraud and oppression, warranting a second phase determination. (Gordon and Emily Bankhead v. Allied Packing & Supply, Inc., et al, Alameda County Superior Court No. RG10502243)

Confidential Resolution Reached for PG&E Laborer

Kazan Law filed suit against the manufacturer of insulation used at PG&E’s Moss Landing Steam Plant. The night clean up crew worked around asbestos containing dust and debris that covered their clothing and affected their breathing. The case was successfully resolved without being presented to the jury. (Donald Osterberg v. Allied Packing & Supply, Inc., et al., Alameda County Superior Court Case No. RG10515625)

$5,482,047 Verdict for Machinist

An Oakland, California jury found RSCC Wire & Cable, manufacturer of Rockbestos asbestos insulated wire and cable products, guilty by failing to adequately warn consumers and customers of the dangers its wire products posed, its negligence, and its malicious and oppressive misconduct. (Ronald Merrill Ricker and Suzanna Ricker v. RSCC Wire & Cable, Inc., Alameda County Superior Court No. RG10496251)

$10,038,000 Verdict for Welder

An Alameda County jury found asbestos supplier Plant Insulation liable for mesothelioma. (Ulysses Collins and Cloristeen Collins v. Plant Insulation Company, Alameda County Superior Court No. RG0414330)

$4,055,000 Verdict for Automobile Serviceman

A Los Angeles jury found brake manufacturer Pneumo Abex had been aware of the deadly health effects of breathing asbestos dust, but did not begin warning its customers of those effects until decades later. (Robert Frank Smith and Mary Lou Smith v. Pneumo Abex LLC, Los Angeles County Superior Court Docket No. BC396072)

$20,000,000 Verdict for Woman Exposed to Asbestos in Her Own Family Home

An Alameda County Superior Court jury found Hill Brothers Chemical Company responsible for mesothelioma and conduct undertaken with malice, oppression or fraud. (Karen Peterson and Jeffrey Peterson v. Hill Brothers Chemical Company, Alameda County Superior Court No. 01-031817)

$11,500,000 Verdict for Construction Project Estimator

An Alameda County jury found Eternit, Inc., manufacturer of enameled cement asbestos board, liable based on design defect, failure to warn and negligent supply. (Don Lee Henderson & Marlene Henderson v. Eternit, Inc., Alameda County Superior Court No. 843027-6)

$20,500,000 Verdict for Pipe Manufacturing Plant Worker

An Alameda County jury found asbestos-cement pipe manufacturer J-M A/C Pipe Co. negligent and its actions malicious. (William Hardcastle and Vonda Hardcastle v. J-M A/C Pipe Corporation, Alameda County Superior Court No. 830058-2)

$6,500,000 Verdict to Woman for Childhood Household Asbestos Exposure

An Alameda County jury found USX Corporation, successor corporation to Western Pipe & Steel shipyard, liable for mesothelioma that arose after childhood household exposure to asbestos. (Jeanette Franklin v. USX Corporation, Alameda County Superior Court No. 816407-0)

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We are always pleased when partners from highly respected trial firms join our team at Kazan Law. Their rich and wide-ranging experience adds breadth to our practice. The following mesothelioma verdicts are shining examples of the kind of results our newest partners have achieved on behalf of those exposed to asbestos. We look forward to seeing more of the same caliber of work as these fine attorneys represent new cases at Kazan Law.

$48,000,000 Mesothelioma Verdict for Construction Worker

A Los Angeles Superior Court jury found Union Carbide Corporation (UCC), a subsidiary of Dow Chemical Company, liable for exposing a construction worker to products made with asbestos. Mr. Bobbie Izell was an 87- year-old contractor who developed mesothelioma while building homes in Los Angeles County in the 1970s. This was the largest mesothelioma verdict in the nation in 2012— a record-breaking case that was won and upheld on appeal by our newest partners, John Langdoc and Denyse Clancy, prior to joining Kazan Law.

$9,000,000 Mesothelioma Verdict for Refinery Worker

On March 17, 2011, a Dallas, Texas jury found the Dow Chemical Company liable for the wrongful death of refinery worker, Mr. Robert Henderson, and awarded a $9,000,000 to his widow, Tanya Henderson. As a contract employee for Dow Chemical, Henderson was exposed to asbestos-containing insulators, which caused him to develop mesothelioma.

$12,000,000 Mesothelioma Verdict for Boiler Mechanic

On October 3, 2012, a Philadelphia, Pennsylvania court found former asbestos manufacturer, Garlock Sealing Technologies, liable for exposing a boiler mechanic to carcinogens at a Johnsonburg, PA paper mill. Mr. James Grumley was diagnosed with mesothelioma after working for several decades with boilers that were covered with asbestos cement, asbestos gaskets and asbestos rope— all manufactured by Garlock. (James C. Grumley v. Garlock Sealing Technologies, LLC, Philadelphia Court of Common Pleas, #002823)

$20 Million Verdict for California Entertainment Performer

A San Francisco, California jury found the Koch Industries subsidiary, Georgia-Pacific, liable for exposing a woman to remodeling products containing asbestos. Ms. Joan Mahoney was an entertainer for several years; her career took her around the world, performing on United Service Organizations tours. However, it was her work in the family remodeling business that brought her into contact with asbestos-containing joint compounds that caused her to develop mesothelioma.

$8,400,000 Million Mesothelioma Verdict for Widow of Mesothelioma Cancer Patient

On January 3, 2012, a Dallas County jury found the Ashland, Inc. subsidiary, Hercules, Inc. liable for the wrongful death of John Gensler. Mr. Gensler died of mesothelioma due to asbestos exposure at a Dow Chemical refinery where he handled asbestos-containing pipe products manufactured by Hercules. Hercules has faced a robust amount of liability suits due to its manufacturing of carcinogenic products, including Agent Orange.

 $6,000,000 Mesothelioma Verdict for Electrician Exposed to Asbestos

In August, 2013, a Baton Rouge, Louisiana jury awarded nearly $6 million to a Louisiana electrician who developed mesothelioma after being exposed to asbestos while working at Dow Chemical’s Plaquemine plant. At trial, John Langdoc, now a Kazan Law partner, revealed that Dow Chemical allegedly predicted and calculated that a certain portion of their employees and contract workers would get cancer, but decided it would be more cost effective for the company to continue using asbestos in its chemical manufacturing. To this day, asbestos is still used in all of Dow’s chemical manufacturing plants— in the U.S. and worldwide.

Mesothelioma Trial: $11,000,000 Verdict Reached for Commercial Painter

In January 2013, a Dallas, Texas jury returned a verdict in favor of a man who was exposed to asbestos as a painter. Mr. Vernon Walker, 67 at the time of the verdict, spent much of his life as a union painter — working with asbestos-containing paints and products in the construction of strip malls, skyscrapers, and private homes. The Walker family found product manufacturers Georgia Pacific, Bondex, and Kelly Moore 60% liable. The jury found that 40% of the blame rested on Union Carbide Corp.

$17,000,000 Mesothelioma Verdict Awarded to Two Philadelphia Auto Mechanics

A Philadelphia, Pennsylvania jury awarded $17 million in damages to the families of two auto mechanics who worked with products manufactured by Crane Co. and Garlock Sealing Technologies. Both men were diagnosed with mesothelioma resulting from exposure to asbestos-containing valves and gaskets. The settlement was reached after the court permitted the jury to see documents where Garlock clearly admitted that their gaskets could cause the rare form of cancer; the gaskets were shown to contain 75 to 0% asbestos.

$8,0,000 Mesothelioma Verdict for Texas City Pipe Fitter

In November 07, a Texas City jury awarded $8,0,000 to a pipe fitter and his wife in an asbestos claim against Houston-based Union Carbide Corporation and Ohio-based Hexion Specialty Chemicals Inc. Plaintiff Oliver D. Smith claimed both companies knowingly exposed him to asbestos, which caused him to develop mesothelioma.

$3,625,000 Mesothelioma Verdict Upheld for Louisiana Laborer

The Court of Appeal of Louisiana, First Circuit, upheld the $3,625,000 mesothelioma verdict for Alfred Watts, a former employee of Hebert Brothers Engineers, Inc. Mr. Watts worked for Hebert Brothers in 1963 in the cell service unit of the chlorine plant at the Dow Plaquemine, Louisiana plant, where he was required to handle asbestos. In 1994, Alfred Watts retired from Hebert Brothers. In the summer of 01, Alfred was diagnosed with mesothelioma from which he died on October 31, 01. (Watts v. Georgia Pacific Corp., 135 So.3d 53 —La. App. 1st Cir. 2013; petition denied, 131 So.3d 59 —La. 2014) The verdict was upheld on appeal by Denyse Clancy, now a Kazan Law partner.

California Appeals Court Upholds Verdict in Widow’s Mesothelioma Suit

In 2013, the Court of Appeals of California, Second District, Division Two ruled on an appeal of a nonsuit for the family of Arnulfo Hernandez who received a favorable verdict in a wrongful-death action against Amcord Inc. in 09. Mr. Hernandez was diagnosed with malignant mesothelioma when he was 62 years old, and died one year later. He frequently used 94-pound bags of asbestos-containing gun plastic cement, often getting cement dust on his face and clothing. Amcord, Inc. manufactured the Riverside plastic cement. Denyse Clancy upheld the verdict on appeal, prior to becoming a Kazan Law partner.

$11,0,000 Mesothelioma Verdict Upheld for Texas Laborer

In 02, Timothy Shawn Bostic was diagnosed with mesothelioma. He was 40 years old, and died of the disease in 03. As a child and teenager, Bostic worked as an employee for Knox Glass Company, and was exposed to asbestos while using Georgia–Pacific drywall joint compound. The case went to trial in 06. The jury found Georgia–Pacific liable under negligence and marketing defect theories. The court of appeals concluded that the evidence of causation was legally insufficient and rendered a take-nothing judgment. Prior to joining Kazan Law, Denyse Clancy handled the appeal before the Texas Supreme Court, which reversed the court of appeal’s holding that the plaintiff is required to prove “but for” causation in an asbestos case (Bostic v. Georgia-Pacific Corp., 439 S.W.3d 332 —Tex. 2014)

Los Angeles Mesothelioma Trial: Woman’s Wrongful Death Case Amended in Appellate Court

On September 12, 08, survivors of the late Virginia Kay Cole filed a complaint against Kaiser Gypsum Company, Inc. and Hanson Permanente Cement, Inc. for exposing Ms. Cole to asbestos and causing her fatal illness. Virginia was exposed to asbestos while washing her father’s clothing between 1952-1965 and 1969-1970, and visiting him at residential construction sites in the San Fernando Valley. Their motion was not granted due to the family’s inability to identify the suppliers who provided the asbestos products that Virginia’s father worked with. On August 17, 09, the complaint was amended due to new evidence and proof of culpability provided by Ms. Cole’s family. Denyse Clancy handled the appeal in the California Court of Appeals prior to joining Kazan Law. (Cole v. Hanson Permanente Cement, Inc., No. B221876, 2011 WL 184353 —Cal.App. 2011)

I am pleased that our firm was chosen to present three research abstracts at the International Mesothelioma Interest Group (iMig 2014) conference in Cape Town, South Africa. In this video I provide an introduction to the mesothelioma research abstracts and explain how they are presented at the world’s leading conference on mesothelioma.

Giving the gift of technology to a mesothelioma patient now during the holidays can be a gift that will keep on giving to them for the months to come.

A Digital Photo Frame

Loading up a digital photo frame with pictures of friends, family, special occasions, or places you have visited together is a great gift idea. Your loved one could bring the frame along to treatment visits or for when they need to be hospitalized. These happy reminders of who their supporters are and what they are fighting for can’t help but to improve their spirits! Here’s an article from Consumer Reports that compares popular brands of digital photo frame.

Hand Warmers and Foot Warmers

Sometimes mesothelioma patients just can’t keep their hands and feet warm. A handy solution – hand warmers and foot warmers that you can take anywhere. These are an especially great gift for someone who is undergoing chemotherapy which can make fingers and toes especially susceptible to feeling cold. A company called warmer.com offers many options. One is Grabbers, disposable, portable hand and foot warmers. Break open one of these self-contained packets and they reportedly generate heat for as long as 8 hours.

A Kindle or a Nook

An e-reader, according to the Wikipedia definition, is a handheld electronic device designed for the purpose of reading books and magazines in digital format. Any computer or smart phone that can display text on a screen can act as an e-book reader but specialized e-book readers optimize portability, ease of use, readability, and battery life. A single e-book reader is capable of holding the digital equivalent of hundreds of printed texts with no added bulk. The entry level Kindle by Amazon or Nook from Barnes and Noble are safe bets. Many classic books are free for e-readers. Libraries also offer free access to e-books but as with real library books, they are on temporary loan.

Digital Movie Subscription

What a wonderful thing for a mesothelioma patient who can’t go out or shouldn’t be around crowds! They can watch unlimited movies on a computer or TV screen. TV shows, too. One of the biggest providers of digital movies is Netflix with over 30 million subscribers in the U.S. Other options include an Amazon Prime membership with the bonus of free shipping on Amazon shopping, or Hulu Plus which has a vast assortment of TV shows and exclusive rights to the Criterion Collection of classic and foreign films. You can buy a Netflix subscription gift card or Hulu Plus subscription gift card at stores like Target and WalMart.

Thousands of companies have had to defend themselves from asbestos lawsuits. Some of these cases were brought by the .family of a person who was diagnosed with mesothelioma or an asbestos-related illness, and passed away either before or during a lawsuit. People who are close enough to the deceased can file a wrongful death claim, provided they meet certain criteria.

An experienced attorney will educate you about your right to resubmit your lawsuit as a wrongful death suit. The laws for this process differ between states.

Wrongful Death Lawsuits: Statutes of Limitations

Time is of the essence when it comes to wrongful death lawsuits related to asbestos. Generally speaking, you have one to three years to make your asbestos claim. The amount of time you have to file depends on the state where you will file your claim.

Kazan Law’s History of Winning Wrongful Death Suits

In 2014 Kazan Law was recognized for obtaining the largest wrongful death jury verdict in all of California.. Representing Emily Bankhead, Tammy Bankhead, and Debbie Bankhead-Meiers, the widow and adult daughters of Gordon Bankhead, Kazan Law partner David McClain led our team to an $11.3 million verdict on behalf of the family. The defendant, Pneumo Abex, routinely exposed Mr. Bankhead to asbestos-containing brakes.

After Death Mesothelioma Claims: Who Can File a Wrongful Death Lawsuit?

Certain criteria must be met and the death itself needs to be the result of negligence or a wrongful act to file a wrongful death suit.

The ability to seek compensation for the death of an individual has evolved over time. In the past when a person was murdered or died at the hands of someone else’s negligence or wrongful act, you could not sue for damages. It was actually cheaer for the guilty party financially if the victim died as a result of the injuries, rather than having to pay for lifetime medical bills, lost wages, and pain and suffering compensation.

Seeing this problem with old law, governments established the right for people to sue for compensation as a result of a wrongful death. But the people who could bring the suit forward had to be close enough to the deceased that it made sense. An acquaintance or long lost cousin could not come forward and claim they deserved compensation for the death of a person they barely knew.

Legally speaking, you need to be eligible to file your suit. This is called “standing.” Below are some examples of the types of relationships that may permit a wrongful death suit.

• Husbands, wives, children (including adopted or step), mothers and fathers, sisters or brothers
• Grandparents are also included
• People who are financially dependent on the deceased (This varies by states. In California you need to be at least half financially dependent)

Asbestos companies knew long ago that the substance could lead to death and sickness. Exposing their employees or customers to asbestos can qualify as negligence or a wrongful act.

If you are an immediate family member or financially dependent on a person who has died from asbestos, you should talk with an experienced attorney about filing a wrongful death suit.

The Asbestos, Wrongful Death Lawsuit Process

In all asbestos-related cases, a good lawyer will conduct extensive research. This often starts with interviews with the potential plaintiff. We have our own team of investigators who are experienced in asbestos and have a comprehensive resource database. Kazan Law is aware of almost every company that has used asbestos, enabling our research process to be fast, efficient and accurate. Only at the conclusion of our research will we make an official legal recommendation on what you should do.

If we conclude that you should file a lawsuit and seek damages, we will file the claim. Determining which state to file in is not always straightforward. Generally the claim is filed where the asbestos victim lives or was exposed to asbestos. If there is another state where you could file the case and achieve better results, that state may be chosen.

Discovery is the next part of the lawsuit process. This where your attorney works to build the best case possible. He or she will depose the defendants and gather information about your work history, personal and medical history.

Defendants and their attorneys will make efforts to get the lawsuit dismissed before there is ever a trial. They may also attempt to lowball you on a settlement. Having one of Kazan Law’s experienced attorneys for the negotiation process will guarantee you get the compensation you deserve. Roughly 95% of mesothelioma and asbestos cases will end in settlements. The amount you receive is likely going to be the most significant financial event of your life. So it’s very important to carefully select the right law firm. Our mesothelioma law firm has secured multi-million dollar settlements and verdicts for our clients.

To see what legal options you have regarding a wrongful death lawsuit related to asbestos exposure, contact Kazan Law for a free consultation.

Deciding which law firm should represent you in your mesothelioma lawsuit is one of the most important decisions you will make about your family’s financial future. Compensation for mesothelioma, which is caused by asbestos exposure, can run from the hundreds of thousands into the millions. An experienced asbestos law firm can have an enormous positive impact on your family’s financial future.

Where Should You Look for a Trustworthy Mesothelioma Law Firm?

It may make sense to start with Internet research when you are looking for a mesothelioma law firm. The results you get may be deceiving, however. Sites that look like impartial resources from non-profit organization may be designed to lure you to a particular law firm or, worse yet, a legal case broker. Case brokers perform lead generation campaigns in search of mesothelioma claimants. These case brokers do not represent plaintiffs in court but instead turn the handling of the lawsuit over to the firm that pays them the highest fee for the business. In short, case brokers sell cases to the highest bidder; they do not always place a case with the law firm that is the best qualified to represent you. And if a law firm knowingly and purposefully hides its identity behind a .org website designed to appear to be a charity or cancer support website, the firm is attempting to lure prospective clients in without fully disclosing their intentions. In either instance, you have to ask yourself if this is really the law firm you want to trust with your mesothelioma lawsuit.

Directories of mesothelioma lawyers like those provided by FindLaw may be a good place to start, but a law firm’s search engine or directory rankings aren’t necessarily a sign of the firm’s effectiveness in winning compensation for people suffering from mesothelioma. You should research the background of all the firms you are interested in thoroughly before making a choice.

It may seem like common sense to choose a lawyer whose office is located near you, but that may not be the best way to pick a mesothelioma lawyer. There is no legal requirement that your lawyer be located in the same city or even the same state as you. If you have the whole country to choose from, wouldn’t you prefer to have one of the nation’s top mesothelioma law firms handling your case? Most asbestos lawyers will come to you, so you won’t incur travel expenses if you work with a law firm in another city.

If a firm contacts you or cold calls you after your mesothelioma diagnosis, it may be tempting to just say yes and let that firm represent you. The same warning applies in this case that would apply with any firm you consider: carefully check the firm’s background to make sure they have a top-notch record of asbestos litigation. Chances are, if they are cold-calling to look for clients, they may not be the best choice to handle your mesothelioma lawsuit.

Identifying Good Qualities in a Mesothelioma Law Firm

In choosing a mesothelioma law firm, you want to work with people who understand what you’re going through and have both compassion and experience. You also want a bulldog in your corner: a lawyer who is dedicated to fighting corporate criminals who place profits ahead of people’s health.

When you get to the point of calling a law firm for a consultation, here are a few red flags that may signal that the lawyer on the other end of the line is not your best choice:

• Promises: If a lawyer tells you that he or she can guarantee you a certain amount of money or a certain outcome for your case, watch out. Ethical lawyers know that no outcome can be guaranteed and will talk to you about probabilities, not promises.
• Money up front: If a law firm asks you to pay a fee up front before they take your case, look for a different firm. Reputable mesothelioma firms will handle your case on a contingency fee basis, which means that you don’t owe any money unless they are able to win compensation for you. The last thing you need is legal bills piling up on top of your medical bills.
• Impatience: A lawyer who tries to rush you through your consultation and isn’t willing to take the time to answer your questions may be too busy to give your case the time and attention it deserves.
• Non-responsiveness: If a firm doesn’t return your call or respond to your email within a day or two, that’s a sign that they may be disorganized. Poor time management is anathema to good legal representation.

When it comes to asbestos litigation, size matters to a point. A lawyer who practices alone probably won’t have the resources you need. A small firm with a stellar record of winning mesothelioma cases may do a better job than a large firm with offices all over the country. The best asbestos firms of any size employ top-notch mesothelioma lawyers and experienced asbestos investigators, who help their attorneys, build the case against the corporations responsible for your asbestos exposure.

Kazan Law: Recognition of Achievement in Mesothelioma Law

In 2013, Kazan Law was named one of the top 15 plaintiff’s asbestos law firms by the US Chamber of Commerce. That same year, the firm was recognized by the National Law Journal as having one of the top 100 verdicts of the year for a $27 million verdict in a mesothelioma case.

In 2015, eight of Kazan’s lawyers were named to the Super Lawyers list, which recognizes lawyers who are outstanding in their practice areas. Many of its lawyers have been selected for years, and the two senior attorneys, Steven Kazan and David McClean, have each been chosen Super Lawyers every year since 04.

More importantly, however, Kazan Law has a 40 year history of fighting hard to achieve fair compensation for clients with mesothelioma and other asbestos diseases. We handle many lawsuits, but you only have one, so we give each case our utmost attention.

If you want to discuss your case or you have more questions about how to choose a mesothelioma lawyer, please feel free to contact Kazan Law.

After a six-week trial, an Alameda County, California jury returned a mesothelioma verdict which found Union Pacific Railroad Company responsible for the suffering and wrongful death of Jeffrey Emerson, who worked as a boilermaker at the Southern Pacific Railroad from 1971 to 1995. The company merged with Union Pacific in 1997. (Emerson v. Union Pacific Railroad Co., Alameda County Superior Court, Case No. RG-13698637)

Mr. Emerson was diagnosed with malignant mesothelioma in July 2013 and under medical care and treatment for the next seven months prior to his death on January 24, 2014, just 10 days after he completed his deposition for the case.

Mr. Emerson was regularly exposed to asbestos at Southern Pacific’s Sacramento Locomotive Shops, both directly in his job and as a bystander to the work of other craftsmen. Discovery in the case revealed that for more than 20 years Southern Pacific had used many different types of asbestos products, including in its diesel locomotives and in piping around its facilities.  Southern Pacific did not comply with the regulatory requirements regarding asbestos for at least 15 years.  Instead it allowed workers to be exposed to asbestos without proper protection throughout the 1970s and much of the 1980s.  It wasn’t until the mid to late 1980s that Southern Pacific began to implement some asbestos safety procedures.

Prior to trial, Union Pacific claimed immunity from the mesothelioma lawsuit based on a prior release of claims for an unrelated back injury.  The trial court denied this defense, ruling that Mr. Emerson’s release of back-injury claims cannot be construed as waiving future claims for asbestos-disease injuries.  The case proceeded on the merits under the Federal Employers Liability Act, which governs claims for railroad-workplace injuries.

Mesothelioma Verdict Discovery

At trial, Union Pacific argued that Mr. Emerson died not from asbestos-caused mesothelioma but from lung cancer caused by cigarette smoking (which Mr. Emerson quit in the early 1980s).  Alternatively, Union Pacific argued that, if Mr. Emerson did have mesothelioma, it was caused not by asbestos exposure at Southern Pacific but by earlier exposures in the Navy.  According to court documents, Union Pacific’s argument that Mr. Emerson was not exposed at the railroad was undercut by an internal company record, obtained by Kazan Law in discovery, admitting that Mr. Emerson was extensively exposed there.

Karen Emerson, Mr. Emerson’s wife, testified about the extensive suffering her husband endured during his battle with mesothelioma.  He was treated at the Mayo Clinic with both chemotherapy and 30 rounds of radiation.  Post-death tissue analysis revealed extensive asbestos fibers in his lung tissue.

Mesothelioma Verdict Amount

The jury rejected each of Union Pacific’s defenses, found that Mr. Emerson indeed suffered from mesothelioma, and awarded $6,500,000 in pain and suffering damages in the mesothelioma lawsuit.  The court had already determined that Mr. Emerson’s economic damages totaled $451,265.  The total verdict is $6,951,265.00.

The Emerson family was represented by Kazan Law partners Joseph Satterley, Justin Bosl, Denise Abrams and Ted Pelletier, and associate Ryan Harris.

If you have been diagnosed with mesothelioma and have lived or worked in California,  you need to find a California mesothelioma lawyer 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.

Over $30 Billion in Mesothelioma Trusts

Mesothelioma is caused by careless companies who know better than to expose asbestos into the environment—yet they do it anyway.

You don’t deserve this disease. Even the companies responsible for your diagnosis know that. That’s why they’ve set up trust funds exclusively to pay for the lawsuits filed against them, and won, by the victims of their misdeeds. The combined total worth of all these trusts is over $30 billion.

Your California Mesothelioma Lawyer

When looking for an attorney, make sure you find someone who:

• Is seasoned in personal injury and mesothelioma law
• Has extensive experience working with Asbestos Bankruptcy Trusts
• Has a track record for bringing in the highest verdicts and settlements for mesothelioma victims
• Is associated with a reputable firm, preferably one that specializes in asbestos law

You Should Receive the Highest Compensation Possible

The best kind of California mesothelioma lawyer is one considered to be a pioneer in asbestos law. At Kazan Law, our attorneys have unparalleled expertise in mesothelioma litigation. For more than 40 years, we have represented thousands of people suffering from mesothelioma, and have achieved record-breaking verdicts and settlements for our clients, including these:

• $48 Million Verdict: Won by a former construction worker vs. the Union Carbide Corporation —this 2012 verdict was nationally recognized as the highest mesothelioma verdict on record for the year.
• $27 Million Verdict: Against Owens-Illinois in a lawsuit filed by the former wife of a pipe insulator.
• $11 Million Verdict: Won against ArvinMeritor, Inc. in a wrongful death suit filed by the family of an automobile parts worker. This came after a separate $13 million award in the family’s personal injury suit.

Let us help you.

With the right California mesothelioma lawyer by your side, you will get the best compensation possible. To receive a free legal consultation, call us at 888-887-1238 or fill out the form to the right today.

California mesothelioma lawyers are your best bet if you are filing an asbestos lawsuit. In fact, California mesothelioma lawyers have all ready helped your asbestos lawsuit without you realizing it. That is because California mesothelioma lawyers were a major part of the effort to establish mesothelioma law as a distinct type of legal specialty.  Some California mesothelioma lawyers know asbestos law better than most anyone, because they helped invent it. They have set legal precedents and won major victories that benefit mesothelioma patients everywhere.

You do not have to live in California or have been exposed to asbestos by a California company to file an asbestos lawsuit here, according to California law.

Why Choose California Mesothelioma Lawyers, Not Ordinary Personal Injury Lawyers

Asbestos law as a specific area of law practice emerged from the general field of personal injury law. California mesothelioma lawyers like Kazan Law founding partner Steven Kazan were among the first ones to understand that the complexity of asbestos cases and the large number of unsuspecting people exposed to asbestos demanded an area of full legal concentration.  About 3,000 Americans a year are diagnosed with mesothelioma.

Mesothelioma is very different from other types of injuries and illnesses.  It is a silent killer. Following exposure to asbestos, it presents no symptoms for many decades.  When a mesothelioma diagnosis is made, 50 years may have passed since the initial asbestos exposure.  Who will remember exactly when and where the asbestos exposure occurred?  Asbestos dust is microscopic and has no odor or taste. The companies that a mesothelioma patient worked for may have gone out of business. The asbestos-containing products that caused the exposure may have long been discontinued. How do mesothelioma patients and their families put together their case?  They hire California mesothelioma lawyers to guide them through the process.

A few California mesothelioma lawyers have focused intensely on mesothelioma since the 1970s and have developed a wealth of institutional knowledge within their law firms.

• California mesothelioma lawyers know which companies have been associated with asbestos exposure over the years, even if these companies are no longer in business or are doing business under a different name.
• California mesothelioma lawyers know all the types of jobs and products that may have caused asbestos exposure to occur.
• California mesothelioma lawyers know which companies have declared bankruptcy and set up asbestos bankruptcy trusts.
• California mesothelioma lawyers know if your case is winnable and if they believe it is, they will fight for you all the way to the Supreme Court.

A knowledge base and expertise of this depth can be built only by focused experience. It can’t be acquired by someone who is spread thin in many areas of personal injury law.

For example, your family doctor may be a medical professional you trust. But would you want him to perform brain surgery on you?  You would want to be in the hands of a competent experienced brain surgeon, trained to be an expert in this specific area of medicine.

Likewise, if you seek to bring an asbestos lawsuit to court, you need an attorney who is an expert in this specific area of law.  Some California mesothelioma lawyers are good at what they do because that is all they do.  They do not handle other types of personal injury cases.

Hire Real California Mesothelioma Lawyers, Not a TV Pitchman

 10 Questions to Ask When You Call a Number from a TV Advertisement

1. Who is going to do the work on my case?
2. How will you be paid for your time on my case?
3. Who would I call or email if I have questions?
4. Are you going to work on the case yourself or are you going to send it to someone else?
5. Is your firm going to handle the case all by itself? How many lawyers, investigators do you have? Who are they?
6. Who will actually file the lawsuit?
7. Where will the lawsuit be filed?
8. Who is going to go to court for me?
9. How many years has your law firm been in business mesothelioma cases?
10. How many asbestos cases have you handled?

California Mesothelioma Lawyers and California’s Favorable Laws

Because California mesothelioma lawyers pretty much invented a lot of modern asbestos litigation, they were able to have a major impact on state laws regarding asbestos cases. They have helped to create a climate that is supportive of asbestos victims, with favorable laws and large jury verdicts.  The California legislature and courts have the created and applied special asbestos rules as a necessary and fair response to the unique problems faced by victims of asbestos exposure.

As a result many out-of-state asbestos plaintiffs have the option to file their cases in California with a California mesothelioma attorney as their counsel.

As we mentioned earlier, you do not have to live in California or be suing a California company to file your asbestos lawsuit here.  Nor do you need worry about airfare expenses.  Your California mesothelioma lawyers will travel to you, wherever you are.

Our law firm once again helped support the world’s premier gathering of international mesothelioma clinicians, researchers and scientists which was convened by the International Mesothelioma Interest Group. This year’s event took place from September 25-27, 08 at the De Meervart conference venue in Amsterdam.

In addition to being Silver Sponsors of IMIG, the Partners wanted to recognize the work of up and coming researchers by awarding prizes to young investigators, while also honoring the work of the International Ban Asbestos Secretariat (IBAS) and the Asbestos Disease Awareness Organization (ADAO), leaders in the campaign for a global asbestos ban and justice for asbestos victims. These awards were presented by Laurie Kazan-Allen, the IBAS Coordinator, and Linda Reinstein, Executive Director of the ADAO. During the award ceremony, Mrs. Reinstein told the 300 attendees that when her husband Alan was diagnosed with mesothelioma, the first thing they did was to search the IMIG website looking for medical experts; the help and support of IMIG members during Alan’s illness was of inestimable importance to the family and, although sadly Alan lost his fight for life, the hope that one day a cure may be found for this deadly disease motivates her to continue ADAO’s fight.

The winners of the 08 IBAS and ADAO Young Investigators awards, selected by the IMIG Scientific Board and worth €00 (approximately $2500) each, were announced on September 27 at the closing session of the conference. The 08 IBAS and ADAO award recipients were:

• Dr. Jenette Creaney from the National Centre for Asbestos-related Disease Research, University of Western Australia for her abstract: The use of mesothelin for monitoring patients with mesothelioma

• Dr. Yasumitsu Nishimura from the Department of Hygiene, Kawasaki Medical School, Okayama, Japan for his abstract: Impairment in cytotoxicity and expression of NK-cell activating receptors on human NK cells caused by exposure to asbestos fibers

From left: Dr. Creaney, colleague of Dr. Nishimura, Mrs. Reinstein and Ms. Kazan-Allen.

The history of asbestos litigation took a turn in the summer of 1982, when the first asbestos manufacturers filed for Chapter 11 bankruptcy protection to avoid paying compensation to the growing number of victims of asbestos diseases caused by exposure to its asbestos products.

A wave of asbestos bankruptcies followed over the course of the next couple of decades and the entire asbestos textile industry was in bankruptcy, as were several major asbestos insulation manufacturers.

In this video Steven Kazan discusses Kazan Law’s involvement in the history of asbestos bankruptcies and the critical reactions that have been necessary to protect the rights of mesothelioma victims.

Filing a mesothelioma lawsuit should be a priority for you and your family if you are reading this.  When you receive a mesothelioma diagnosis, it is because you worked with asbestos or because you lived with someone who worked with asbestos. That means you’ve got a good chance of winning a large amount of money […]

By the time physicians start using the word “mesothelioma” around you, it is often already obvious that something is wrong or different. Perhaps your health has been declining, or you’ve had unexplained symptoms. Though a diagnosis of malignant pleural mesothelioma (MPM) is a terrible blow, it can also create clarity. Unexplained symptoms snap into a single, comprehensible order. Treatments become available. And, through clinical trials, options can open up.

But just what are clinical trials for mesothelioma, and how can you use them to your advantage? Here is a quick primer on what are they are, how they work and how to participate in them.

MPM clinical trials: The basics

Every medical treatment used in the U.S. has to first be tested. To begin, scientists do laboratory experiments involving cells and animals, to make sure a regimen is tolerable for people. But ultimately, doctors need to know that a treatment is safe and effective for actual patients. This is where a clinical trial comes in.

These trials are conducted in four phases. A treatment has to be approved in one in order to “graduate” to the next.

Phase 0: Scientists want to establish what a drug does when introduced into in the body. Very few patients participate.

Phase I: Researchers establish whether a drug is safe. Between 15 and 50 patients participate. No placebos are used.

Phase II: If safe, a drug is now tested to see if it is efficacious – that is, if it does what doctors and patients want it to do. Doses and methods vary. Between 25 and 100 people participate. No placebos are used.

Phase III: In this final step, researchers try to determine if a drug is better than what is already available for patients. At least a few hundred people are enrolled, if not more. Placebos may be used.

Drugs that pass Phase III clinical trials are then submitted to the FDA for approval.

Why clinical trials for mesothelioma matter

As the American Cancer Society notes, most people live their lives without needing to think about clinical trials. That’s because, for milder diseases, existing treatments are usually good enough.

However, patients with grave illnesses like mesothelioma are in constant need of new and better medicines. Thus, people who join mesothelioma clinical trials are doing their part to help advance the treatment of MPM.

Clinical trials are not without risks. There is no guarantee that an experimental treatment will work better than an existing one. But for people with mesothelioma, access to clinical trials means having more therapeutic options. Often, MPM patients’ only avenue for trying cutting-edge treatments – like photodynamic therapy, gene therapy or targeted drugs – is the clinical trial.

If you’d like to learn about current trials for mesothelioma, check the website of the National Cancer Institute, which keeps a running list.

Is a mesothelioma clinical trial right for me?

This is a question no one can answer for you. At Kazan, McClain, Lyons, Greenwood and Harley, we stress how important it is to speak with your doctors, specialists, family members and legal counsel before deciding one way or the other.

There are certain factors you will need to weigh.

• What are the risks and benefits of a particular trial?
• Does your form of mesothelioma meet its criteria?
• How advanced is your condition?
• Have you explored all other available options?
• What are the costs?
• How much will your insurance cover?
• What do you expect to get out of a clinical trial?

This last question may be the most critical. With mesothelioma, it is important to set realistic goals. Clinical trials do not offer cures, but they do present the chance to try a treatment that may extend life by months or even years.

Related posts:

Mesothelioma Treatment Options and Clinical Trials

Current Mesothelioma Treatment Research and Studies

Mesothelioma Treatment by Stage

If you’ve been newly diagnosed with malignant mesothelioma, you already know that you’ll have to make some major adjustments. While there is no cure for this disease, there are different treatments that can make life as functional and comfortable as possible. Chemotherapy is one of the regimens most commonly used to help patients.

However, this treatment can cause side effects. Among them? Chemo brain.

Fog and forgetfulness while fighting disease

According to the National Cancer Institute, it’s not uncommon for patients who are fighting malignant diseases to experience confusion, depression or forgetfulness – all of which can be possible side effects of chemotherapy.

Medical experts have a hard time agreeing on how common chemo brain is among patients taking these medications. Scientists from the University of California, Los Angeles (UCLA) point out that estimates range from 25 to 82 percent.

But one thing is certain: Chemo brain is real.

In order to understand why cancer patients have these neurological symptoms, UCLA researchers conducted an experiment in which they imaged the brains of three groups of women: breast cancer patients who had chemotherapy, those treated with surgery and healthy women who never had breast cancer or chemotherapy.

The cortical images taken during this experiment showed that blood flow and metabolism were different in the brains of patients who had chemotherapy.

Later, when the test subjects were taking memory tests, brain scans showed that the chemotherapy patients’ brains had to work harder, compared to those of the healthy women.

There are ways to deal with chemo brain

At Kazan, McClain, Lyons, Greenwood and Harley, we’re committed to helping all of our clients who have mesothelioma cope with the changes in their lives as best as we can.

From the Mayo Clinic, we’ve learned about several ways that people with mesothelioma can deal with chemo brain:

• If you have trouble concentrating, try eliminating noise and other distractions from your environment.

• Before taking on a complex task, try to plan ahead, remember to eat right and get plenty of sleep – all these things will boost your focus.

• Use tools, such as daily planners or calendars, to stay organized.

• If you’re tackling a long and labor-intensive task, take plenty of breaks to let your mind rest

• Keep your brain sharp with the help of crossword puzzles and other games.

• Remember to exercise. Physical activity can help alleviate fatigue, stress and depression.

Whenever the holiday season rolls around, people often look forward to various traditions and rituals. Seasonal decorations for the home come down from the attic. Special recipe books are cracked open in the kitchen. Holiday favorites – Bing Crosby, Nat King Cole, maybe even the Chipmunks – are played on the home entertainment system. And, then of course there is the matter of gift shopping. Do you have holiday gift ideas for a family member who is suffering from mesothelioma?

If one of your loved ones has malignant mesothelioma, you may be faced with a bit of a conundrum: What present would this person want? What present would this person not want?

At Kazan, McClain, Lyons, Greenwood and Harley, we want all of our clients – as well as their loved ones – to be able to enjoy the holidays just as they have every year. If you want to know what holiday gift you  should get for a mesothelioma patient, we have some ideas that we are more than happy to share.

Well-Meaning Gifts, But Scrap These Holiday Gift Ideas

When someone has mesothelioma or another type of cancer, it is only natural to want to be supportive and help them think positive thoughts. However, anyone who lives with such a diagnosis is probably dealing with an emotional gauntlet.

Author and cancer survivor Lori Hope has several suggestions for what gifts not to get for a patient:

• A book about living with cancer. There is a glut of information about cancer out there: on TV, the internet, bookstores, etc. Mesothelioma patients probably want to maintain some sort of control over what they come across so that they do not become overwhelmed.

• A video or book that suggests positive thinking can cure cancer. Such items can grate on patients’ self-esteem during moments when they feel low.

• A sad movie. Having a chronic disease stirs enough negative emotions.

• A subscription to a magazine that discusses current events. This may conflict with feelings of hope.

• Nutritional supplements. It is better to ask patients about this before buying them something.

Holiday Gift Ideas that Pamper

Luckily, there are many presents that mesothelioma patients are likely to appreciate. Rachel Vitagliano, manager of patient relations for Cancer Treatment Centers of America in Philadelphia, collected some wonderful ideas from patients and caregivers.

If you want your loved ones to know that you have their health in mind, try buying them a gym membership. Fun and laughter are also important, so gift certificates to comedy clubs or lessons for diverting activities, such as music or crafting, may also be welcome. An e-reader may also be a good distraction during chemotherapy sessions.

And for those who appreciate feeling pretty and pampered, consider purchasing a spa treatment. Also, a nice set of soft cotton pajamas may help bring a night of restful sleep.

Hope adds that your time is also valuable. One neat idea is to create your own gift certificates for an hour of judgment-free listening, or a “get-out-of-jail-free” card that forgives lapses in manners when patients are having a bad day.

Don’t Forget the Caregivers

Both mesothelioma patients and their caregivers may feel frazzled from constant health concerns and appointments. So when it comes to gifts such as comedy club trips or spa treatments, consider making those presents good for two. Vitagliano adds that home-cooked meals and house cleaning services may also be appreciated.

Paula Spencer Scott, the senior editor of Caring.com, suggests that gift cards to restaurants, grocery stores and gas stations are all great ideas. A Netflix subscription can provide some much-needed distraction. Also, in case caregivers want time to themselves, you can offer to take over their duties for a day.

If you’ve recently been diagnosed with malignant mesothelioma or another type of asbestos-related cancer, you want to make sure that you have the best medical treatment possible. This means that you need care from more than just your general practitioner. You will need an entire team behind you, which can include surgeons, dietitians, nurses or other professionals.

Throughout the U.S., many hospitals use what are referred to as tumor boards, or multidisciplinary opinion, in order to decide upon the best care for cancer patients. However, one recent study, published in the Journal of the National Cancer Institute (JNCI), questions how much of an impact these tumor boards actually have on patient care.

Boards bring experts together
Providers from the Sutter Health system in California describe tumor boards as a group of medical professionals who meet regularly in order to discuss the diagnoses and treatments of individual patients. These teams may include medical oncologists, radiation oncologists, nurse oncologists, social workers, dietitians, patients’ primary care doctors and more.

Conversations may also touch upon the latest available information on therapeutic options and clinical trials. In addition to addressing patients’ treatment, tumor boards also provide an opportunity for continuing medical education to all who attend them.

Different medical providers will conduct their tumor boards in a different fashion. Some may meet in person while others gather in virtual, online forums. The regularity with which tumor boards meet may also vary.

Researchers investigate links between tumor boards and care
One team of scientists from Harvard Medical School decided to study the impact that the presence of a tumor board within a healthcare system had on the care of cancer patients. For their research, they analyzed information collected from the tumor boards of 138 medical centers within the Veterans Affairs (VA) network. They gauged stage-specific cancer care based on information from cancer registries and administrative data.

The scope of the review encompassed malignant diseases of the lungs, prostate, breast, circulatory system and colorectal regions.

Results showed that there was only a modest association between the presence of tumor board and the type of care given to patients.

“This could mean that tumor boards did not, in fact, influence quality of cancer care in the VA setting,” the scientists wrote in the JNCI. “Additional research is needed to understand the structure and format of tumor boards that lead to the highest quality care.”

What does this mean for those exposed to asbestos?
However, these results do not necessarily mean that tumor boards serve no purpose at all. Douglas Blayney, M.D., of the Stanford School of Medicine wrote an editorial commenting on the Harvard study, in which he argued that the impact of a tumor board may not be easy to measure in systems such as the VA network because they are large and more integrated in their care. Instead, tumor boards may make a more discernible difference within smaller medical facilities.

“[U]ntil there is carefully constructed public reporting of process adherence and outcome, we are left to hope that cancer doctors, their leaders, and the systems that they build will use recognized measures of structure and process and work toward superior outcomes,” Blayney wrote in the JNCI.

If you have a malignant disease that was caused by exposure to asbestos, a tumor board may make more of a difference if you receive care from a smaller cancer center. However, if you are part of a larger medical group, the tumor board may still serve a purpose because this is an opportunity for healthcare professionals to learn about the best way to tackle diseases like yours.

Since its founding in 1974, Kazan, McClain, Satterley & Greenwood, A Professional Law Corporation, has represented many hundreds of people with cancer, especially people suffering from mesothelioma, a cancer whose only known cause is exposure to asbestos. Some of the principals in this law firm are pioneers in asbestos litigation and among the most experienced mesothelioma lawyers in the United States.

In addition to our support and participation in the international effort to ban asbestos and protect the rights’ of asbestos victims, we operate a national law practice from our office in California, representing people from all over the US. We offer each prospective client a free consultation, our unsurpassed skill based on over 35 years of experience and our commitment to participate in contributing to funding research with any of our clients who desire to use some of their resources in that effort.

We are pleased to support the Mesothelioma Applied Research Foundation in its efforts to fund the highest quality and most promising research projects from around the world through its rigorous peer-reviewed process; by supporting MARF’s research efforts, Kazan Law demonstrates its commitment to our clients and to all mesothelioma patients. Kazan Law’s significant annual pledge to MARF goes 100% directly to support MARF’s research grants program.

Visit Mesothelioma Applied Research Foundation’s website

Kazan Law’s Commitment to Research

The Kazan, McClain, Abrams, Fernandez, Lyons, Greenwood, Oberman, Satterley & Bosl Foundation, Inc, has awarded more than $4 million in grants for medical research to find a cure for mesothelioma. We have been active in the fight against asbestos and has long supported the international efforts to ban its use. We have disbursed over $15 million in grants to an array of community and civic organizations to support research into causes of, treatment for, and prevention of occupational and environmental diseases, increase and improve public awareness about work-place health and safety, and provide relief to the poor.

We sponsor World Asbestos Report to provide an online resource center for all those working around the world to ban future use of asbestos, improve working conditions for those who continue to be exposed to asbestos on the job, reduce exposures to those who live or work in the vicinity of others using asbestos, encourage progress in the diagnosis and treatment of asbestos-related diseases, and otherwise help all those seeking to protect and vindicate the rights of asbestos victims throughout the world.

The Kazan, McClain, Abrams, Fernandez, Lyons, Greenwood, Oberman, Satterley & Bosl Foundation, Inc has provided significant support for the international efforts to ban asbestos use, much of which has been channeled through IBAS, established in 00 to provide a conduit for the exchange of information between groups and individuals working to achieve a global asbestos ban and seeking to alleviate the damage caused by widespread asbestos use.

At Kazan Law, we know that the effects of mesothelioma on the body can be far-reaching. I recently came across a report in the Indian Journal of Pathology and Microbiology, which published a case report detailing a mesothelioma patient who developed atrial fibrillation, or AF. The Japanese doctors who treated him theorized that the heart complication was a result of physical crowding caused by tumors in his chest.

Growths in the chest can interfere with health
The authors of the study noted that advanced cases of pleural mesothelioma can lead to the growth of mediastinal masses or tumors. Doctors from MedStar Washington Hospital Center describe the mediastinum as the area of the chest that is between the lungs. Small masses may not cause any symptoms, but sometimes, mediastinal tumors can cause chest pain, persistent cough, difficulty swallowing, trouble breathing, fever, night sweats or unexplained weight loss.

Doctors can diagnose the presence of a mediastinal tumor by conducting a chest x-ray, CT scan or biopsy. They may also perform a mediastinoscopy, which inserts a super-thin camera into the chest cavity for a visual inspection.

Usually, a mediastinal growth can be controlled with the help of surgery.

What is AF?
A danger associated with any tumor is the possibility that the abnormal tissue growth can disrupt the function of any surrounding organs. In the case of a mediastinal tumor, the heart can be affected.

The authors of the case study found that, in one patient, a mediastinal tumor that grew out of mesothelioma may have caused AF.

Here’s what you need to know about AF: The American Heart Association describes it as a condition in which the normal rhythm of the heart is disrupted, and the top two chambers of the organ do not beat effectively. As a result, blood can pool in these chambers and form clots. These clots can cause a stroke if they block the circulation of blood to important areas of the body.

Furthermore, AF can lead to heart fatigue, chronic fatigue, poor circulation and other problems.

People who have AF sometimes describe feeling a fluttering sensation in their chest, but one of the dangers of this condition is that symptoms are not always obvious, and patients may not be properly diagnosed for some time.

Doctors find a possible new cause of AF
It turns out there was another interesting case that caught my attention – in Japan, doctors treated a 70-year-old man who was diagnosed with mesothelioma at the age of 66. When he was admitted to the hospital for the last time, he showed evidence of a mediastinal tumor, AF and other problems. He eventually died 29 days later.

The medical exam that followed his death revealed that several of his organs and major blood vessels were impacted by the mediastinal tumor and other growths. AF was a likely result of this interference.

“AF due to a mediastinal tumor can be cured by surgical excision of the tumor,” the doctors wrote. “Although the treatment of advanced mesothelioma is difficult, chemotherapy using pemetrexed and cisplatin, antibody-based therapies targeting epidermal growth factor receptor, and immunotherapy have been attempted recently. Advanced mesothelioma can cause AF, and the reduction in the tumor size using such therapies may prevent AF. It is important to diagnose mesothelioma at an early stage.”

This is just one more reason why global efforts to ban the use and production of asbestos are important, and why we at Kazan Law believe so much in what we do.

Every one of our mesothelioma clients is unforgettable to us at Kazan Law. Each client is unique with their own story to tell.  Even after many years of experience in asbestos litigation, we remember and cherish each of the lives that briefly touched ours before being cruelly extinguished by mesothelioma or other asbestos-related disease.  We also get to know their families as we help them through this sad and difficult time and always appreciate it when they stay in touch with us.

I was especially pleased when Kazan Law client Debbie Clemmons, the wife of mesothelioma victim Randy Brady Clemmons, approached me this past summer about writing a chapter for her new book about her family’s experience with mesothelioma.  Now I am proud to announce that her book has been published. “In His Grace, Grappling with Mesothelioma: The Randy Brady Story” is now out in paperback. It is available on Amazon where it also can be downloaded in a Kindle edition. And she kindly credits me as a co-author.

My first introduction to the Clemmons family came in 1982, when I helped Randy’s mother Juanita Clemmons win a settlement for the asbestos-caused death of Randy’s father Johney Clemmons in 1981. Randy’s father unknowingly worked with asbestos for 30 years in an Emeryville insulation factory. This exposure took his life as well as Randy’s who developed malignant mesothelioma from inhaling the fibers brought home on his father’s work clothes.  So I feel I have walked this journey with this brave family and was glad to participate in helping Debbie write this book.

At 264 pages, Debbie’s book covers the progression of Randy’s mesothelioma from the beginning of his treatment in 07 to his death at age 54 in 09.

“On the pages of this book is our story of how we grappled with mesothelioma. I have a day by day; play by play experience of what we went through. There is also a lot of information on pain management,” Debbie explains in her book jacket text.

The Clemmons family members are deeply religious Christians – Randy was the morning host on KFAX, a San Francisco-based Christian radio station.  He also hosted the Christian Fellowship days with the San Francisco Giants and the Oakland A’s.   Debbie’s book also recounts how her family’s faith and spiritual beliefs helped them through this experience with grace and strength.

But it is also about how they were uplifted by the caring shown to them by other people. “When the terminal diagnosis was given to us, we were showered by the goodness of the people in the community.  Over two hundred people came to our rescue by acts of kindness, meals, financial help and prayer. True acts of love and grace,” she states.

As for my part, Debbie asked me to write the chapter in her book called “How to Choose an Asbestos Attorney.”  In it, I explain why choosing an asbestos attorney is the most important financial decision you will ever make, why you should not limit your choice of attorney to those with offices nearby and how to spot a fake asbestos attorney website. I hope you will take the opportunity to read it.

James Hellam

Our mesothelioma law firm is pleased to announce that a California court of appeals has upheld a $5,437,882 verdict for malignant mesothelioma patient James Hellam against industrial-products supplier Crane Co. (Hellam v. Crane Co., Nos. A138013 and A139141, 2014 WL 1492725 Cal. Ct. App., 1st Dist. Apr. 16, 2014).

Kazan Law partners Frank Fernandez and Dianna Lyons, now retired, won the original verdict last March for Hellam, a 66 year-old motivational speaker and former police officer. Kazan Law attorneys Ted Pelletier and Ian Rivamonte led the successful appeal. 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. The court agreed that the jury rightly attributed Crane’s products being the cause of Hellam’s malignant mesothelioma.

The appeals court affirmed the trial court’s award of over $85,000 in litigation costs to Hellam and the following compensation for damages:

• Economic damages = $937, 882.56
• Non-economic damages = $4,500,000.00
• Total = $5,437.882.56

A Hall of Fame softball player, Hellam had taken great pride in coaching his two sons on the ball field and was greatly looking forward to teaching his young grandsons how to play his beloved sport. Hellam had also anticipated continuing his career as a global motivational speaker for at least another decade and continuing to travel the world with his wife.

Now instead of doing the things he loved with the people he loved and enriching the world around him, James Hellam is struggling to withstand the ravages of malignant mesothelioma.

Although he had spent 13 years as a San Jose police officer before becoming a motivational speaker and leadership trainer, the seeds of Hellam’s malignant mesothelioma were sown longer ago in his past. For five consecutive summers as a kid, he worked for his grandfather’s boiler business in Monterey.

Neither Hellam nor his grandfather were warned that the products purchased from Crane’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 corporate officers knew or should have known as early as the 1930s that asbestos causes diseases that kill.

In one of the three abstracts we are proud to be presenting at the International Mesothelioma Interest Group‘s (iMig 2014) conference in Cape Town, South Africa, Kazan Law associate Irena Kin worked with me on Mesothelioma Litigation, Hippocrates and BAP1 Genetic Testing.

Recent medical research has shown that there is a predisposition to mesothelioma in some individuals because of their genetics. Companies who are sued in mesothelioma lawsuits try to use this information as a defense. Kazan Law associate attorney Irena Kin discusses the importance for medical professionals hired by mesothelioma defense attorneys to understand and follow their ethical duties.

A new study reports that the number of mesothelioma cases is on the rise globally.   Italian researchers who meticulously compiled and analyzed international mesothelioma facts say it has reached epidemic proportions in parts of the world and is unlikely to slow down.

The new mesothelioma case trend surprisingly turned up in several European countries. The report, published in the Indian Journal of Occupational and Environmental Medicine, found the highest number of mesothelioma cases in the UK, The Netherlands, Malta and Belgium as well as in Australia and New Zealand. They also found that in many countries data on mesothelioma is not collected and no mesothelioma facts or statistics were available.

The number of mesothelioma deaths reported in the UK increased from 153 in 1968 to 2,360 in 2010, with about 3.6 cases per 100,000 men and 0.5 per 100,000 women. The United States in comparison ranked in the middle range of the countries studied. In the period 03-08 over 3000 cases were diagnosed each year, with a high of 3284 in 05. The incidence was 1.93 per 100,000 among men and 0.41 among women.

Mesothelioma is a lethal cancer caused by being exposed to asbestos. It may take decades for symptoms to emerge so a diagnosis can be made. Unfortunately, the average survival time of those with malignant forms of the disease is ten to fourteen months. The prognosis for a long life expectancy is not good even when symptoms appear early and treatment begins quickly.

“Asbestos has been banned in 55 countries. The inhabitants of such countries (about 1,110,000,000) correspond to 16% of the world population. This means that asbestos use continues in a large part of the world,” the researchers state.

For their report, researchers Claudio and Tommaso Bianchi of the Center for the Study of Environmental Cancer in Monfalcone, Italy studied mesothelioma case data from cancer registries around the world. They supplemented this data with information from mesothelioma researchers in other countries.

They conclude, “On the basis of global asbestos consumption in the last decades, one may predict that a further mesothelioma wave will involve large geographic areas. A lack of data does not allow an adequate assessment of the risk to be made. The epidemic of asbestos-related diseases in general and of mesothelioma in particular requires that the problem is faced in a more incisive way by health international institutions.”

If you or a family member has been diagnosed with mesothelioma or other asbestos-caused illnesses or diseases, you are the victim of senseless negligence or corporate misconduct. Concerns over the health risks associated with asbestos began in the early 20th century. Even before studies during the 1920s and 1930s confirmed these dangers, company executives knew the risks and exploited their workers anyway.

Victims of asbestos exposure may receive mesothelioma compensation from billion dollar asbestos trust funds or directly from the company responsible for your exposure.

What are your options related to mesothelioma compensation and other asbestos-related diseases?

This web page contains a lot of what you need to know about settlement amounts, where and how trust funds work, and how you can receive compensation. It also explores possible verdict outcomes and how mesothelioma compensation from a trial or verdict is determined.

Types of Asbestos Compensation Options

Those who are seeking compensation can pursue a few different channels. Each one carries its own set of specifics that your asbestos attorney should explain to you. The primary options include the following:

Mesothelioma and Asbestos Settlements

In most instances negotiations between the attorneys on both sides will inevitably yield a mutually agreeable settlement amount to be paid to you. From your legal team’s perspective, the goal of a settlement is to ensure you quickly receive a fair amount while we make the process less complicated and painful for you.

Of course, the attorneys working for the corporation(s) that caused your mesothelioma and for their insurance companies are doing whatever they can to make the settlement as small as possible.

A settlement is a compromise between you and the guilty party that knowingly exposed you to a harmful substance. The amount of the settlement will vary based on a number of factors.

Settlements typically don’t come with an admission of guilt by the responsible parties. This does not shield other potential victims from pursuing legal recourse for their mesothelioma or asbestos-related diagnosis.

Mesothelioma Compensation and Asbestos Trust Funds

As of 2014, the US asbestos bankruptcy trusts have paid out roughly $21 billion to date. The asbestos bankruptcy industry – as we call it – is a way for companies to stay financially  protected from victims who may be seeking mesothelioma compensation.

These trust funds, and there are 50 of them, are typically created to cover the financial obligations of asbestos-related litigation throughout the course of a company’s existence – particularly when the danger of asbestos exposure is an element of company operations. It is estimated that altogether the bankruptcy trust funds have $32 billion in remaining assets.

Trust funds keep money available to you even if a company is struggling financially. The amount paid for a single case is based on the number of present cases, how many cases are expected in the future, divided into the amount of money or assets of each trust. Using this methodology, and their total value, your average shipyard worker or construction worker with mesothelioma could expect compensation totaling about $260,000 or more.

Bankruptcy protection does not prevent you from seeking compensation for asbestos diseases and illnesses. These trust funds will help you collect what you’re entitled to even if the responsible company went through bankruptcy proceedings.

Our Founding, Senior and Managing Principal Steven Kazan was asked to make a presentation on changes in the U.S. asbestos bankruptcy trust fund system at the 2014 International Mesothelioma Interest Group (iMig) conference. This video of his presentation provides a basic introduction to asbestos bankruptcy trust funds, and who is eligible to file a claim.

Mesothelioma and Asbestos Trials, Verdicts

In some cases, a mesothelioma or asbestos-related legal claim will lead to a trial. This is typically the last option for those who were unable to come to a successful settlement.

Trials take longer than settlements. Because of the nature of court proceedings, this option comes with additional risks. Depending on the case itself, you have a chance of losing when the verdict is returned – and thus won’t get the money you deserve. Your legal team will help you understand those risks prior to moving forward with a trial.

“How much can I expect from a mesothelioma settlement?”

This is one of the most common questions clients first ask when considering their legal options. Settlement and compensation amounts can vary – sometimes quite drastically.

What are the factors affecting this amount?

• Your diagnosis (mesothelioma patients tend to receive more money)
• The cost of your medical services and care
• Amount of lost wages or lifetime earning capacity
• Bills that you could not pay because of your illness
• Your physical pain and mental anguish
• The full extent of willful negligence or malice by a company
• Whether you are married; have children

A qualified mesothelioma lawyer can discuss your particular case and better explain how much you may be entitled to. It’s important to act as quickly as possible because there are statute of limitations which outline the amount of time you have to file a lawsuit. These statute of limitations vary by state.

Making Sure You Receive Mesothelioma Compensation

Choosing your asbestos attorney is a more significant financial decision than even buying a home.  While property could yield a couple of hundred thousand dollars in return on investment as housing prices increase, an asbestos case properly handled by a top quality asbestos attorney could lead to millions in compensation. Nothing can replace a family member,  but compensation can prevent added economic hardships from lost wages, medical bills and more.

No matter what you may have been told, if you or your loved ones have suffered because of exposure to asbestos, you are the victim and are entitled to receive compensation. Many companies recognize their guilt which is why they’ve set up trust funds. It’s also why they have large legal teams who may want to undersell what you should receive for compensation.

By working with a legal team like Kazan Law that focuses so intensely in mesothelioma compensation cases and settlements, you know that your lawsuit is in good hands. Schedule a free consultation with Kazan Law and let us help you explore all your legal and compensation options.