After a six-week trial, an Alameda County jury has found that Union Pacific Railroad Company is responsible for a $6,951,000 mesothelioma lawsuit verdict 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.

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.  In July 2013, he was diagnosed with malignant mesothelioma, a terminal cancer.  For the next seven months, his doctors provided care and treatment. He died on January 24, 2014, just 10 days after his deposition for the mesothelioma lawsuit.

Discovery in the mesothelioma lawsuit 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.  Only in the mid to late 1980s did Southern Pacific begin to implement some asbestos safety procedures – too late for Mr. Emerson.

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.

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.  But 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 seven-month 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 Lawsuit Verdict

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 and Denise Abrams, of-counsel Ted Pelletier and associate Ryan Harris.

Experts who testified were pathologists Dr. William Salyer (Oakland) and Dr. Jerrold Abraham (Syracuse), microscopist Dr. Ronald Dodson (Tyler, TX),  pulmonologist Dr. Barry Horn (Oakland), occupational-medicine specialist Dr. David Egilman (Attlesboro, Mass), and treating oncologist Dr. Gregory Yang (Yuma, AZ).

ANYONE DIAGNOSED WITH MESOTHELIOMA HAS THE RIGHT TO COMPENSATION FOR MEDICAL EXPENSES, LOST WAGES OR PENSION BENEFITS, AND FOR THE PAIN AND SUFFERING THAT COMES WITH THIS TRAGIC ILLNESS.

Choosing a Mesothelioma Lawyer 

Making decisions right now can be overwhelming. However, choosing the right mesothelioma attorney could be the most important financial decision you’ll ever make: A top quality attorney could bring you millions of dollars in compensation, depending on the facts of your case. A favorable verdict will help you pay for the best in medical care, and ensure financial security for your family— now and into the future.

What’s more, a mesothelioma lawsuit guarantees that the perpetrators of your disease are held publicly accountable for exposing asbestos into the environment.

Learn More About Your Legal Rights

There are approximately 2,500 new cases of mesothelioma diagnosed each year in the United States. The laws and parameters involved in a mesothelioma lawsuit are complicated and vary from state to state.

Working with a highly regarded and experienced mesothelioma lawyer is paramount. In today’s “virtual” business world, you can find the best representation, no matter where you’re located.  To learn more about your legal rights, please call us at (888) 929-6033.

About Kazan Law

Kazan Law is a nationally recognized asbestos law firm, serving asbestos victims and their families. For more than 40 years, our nationally-recognized attorneys have represented thousands of people suffering from asbestos related illnesses, particularly mesothelioma.

At Kazan Law, our principals include pioneers in asbestos litigation and are among the most experienced mesothelioma lawyers in the country. The attorneys at Kazan Law  focus intensively on asbestos law: They know the intricacies of asbestos litigation and have the experience to successfully take a case through the court system.

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

Act Now

Let us help you understand your legal rights, and get you the compensation you deserve. For a free consultation with an experienced mesothelioma lawyer, please fill out the form to your right. Or give us a call today at (888) 929-6033.

Choosing the right mesothelioma attorneys can give you peace of mind during a difficult and stressful time of life.You don’t deserve this disease. That’s why it’s essential that you find the right mesothelioma attorneys to represent you, fight for you in court, and ensure you get the best financial compensation possible— money to cover your medical costs, lost income, living expenses, as well as secure the future security of your family.

Choosing the Right Mesothelioma Attorneys For Your Case

When it comes to a mesothelioma lawsuit, the stakes are high. Choosing the right attorney for your case may be one of the most important decisions you’ll ever make. So plan on doing a thorough search. Ask former colleagues where you worked, and search online for referrals. The mesothelioma attorneys you select should have:

• Proven Mesothelioma Litigation Expertise: Mesothelioma law is very complicated. An ordinary trial lawyer simply will not do. Your mesothelioma attorneys should have in-depth expertise in asbestos litigation, and familiarity with the mesothelioma laws and court guidelines that vary from state to state.

• An Impressive Track Record for Winning Cases: Your mesothelioma attorneys should have experience with jury trials, an understanding of asbestos history, manufacturing and construction, plus a proven track record for winning asbestos lawsuits and obtaining large settlements.

• Bankruptcy and Asbestos Trust Experience: Many of the corporations responsible for asbestos-related illnesses closed shop years ago. However, under the bankruptcy reorganization code section 524(g), they were required to fund asbestos trusts with enough money to pay current and future asbestos claims.

There are now about 50 asbestos bankruptcy trusts; together they represent over $30 billion reserved specifically almost exclusively for mesothelioma settlements and trials.

The type of attorney you choose could make a difference in the compensation you receive. Mesothelioma attorneys with extensive experience often get more for their clients than lawyers who don’t have experience with asbestos claims. Do your research and make sure to work with an attorney who has lots of experience with mesothelioma lawsuits and trust claims.

• Extensive Reach and Resources: Unlike most personal injuries, the symptoms of asbestos-related diseases can take decades to appear. So there will be a lot of investigating to conduct, and historical evidence to collect, in order to properly prove your claim.

Make sure the firm you choose has the resources available, including the ability to travel, in order to document and research your case. Here is just some of the documentation your mesothelioma attorneys will need to collect:

1. Past employment history
2. Proof of asbestos in the workplace
3. Medical records indicating the onset of your symptoms
4. The history of the companies whose asbestos hurt you, and records of their asbestos sales

• A Commitment to Cutting-Edge Science: Top-notch mesothelioma attorneys keep up with the science and medical breakthroughs discovered through clinical mesothelioma studies and research.  The findings from these studies can help bring scientists closer to finding a cure, and may even be used by your attorney to help prove your case in court.

• A Reputation for Being Pioneers in Mesothelioma Law: Having the right mesothelioma attorneys on your side can make all the difference. The firm you choose should enjoy a well-earned reputation in the area of mesothelioma law. Some firms limit their cases exclusively to asbestos-related illness, giving them laser-sharp focus and breadth in this complicated area of law.

What Your Mesothelioma Attorneys Will Provide You

Once you have hired your mesothelioma attorneys, you will embark upon a process that will include discovery, depositions, settlement discussions, a possible trial, verdict and a possible appeal. (However, most mesothelioma lawsuits do not go to trial because they are settled out of court before the trial takes place).

• Discovery: As the name implies, “discovery” is the process by which your mesothelioma attorneys will subpoena documents, and submit interrogatories in order to “discover” important things about the defendant such as who was responsible for the asbestos exposure, and where and when the exposure took place.

If you’ve selected the right mesothelioma attorneys, they will work with a team of investigators to identify the asbestos products you were exposed to, and the companies responsible for the “safety” of your work site. These investigators will likely contact your co-workers, oncologists and pulmonologists; they will visit libraries and archives, query databases, access government documents, and examine company records.

• Deposition: One form of discovery that directly impacts every client is the deposition. This is a legal proceeding that will take place in or near your home or at your attorney’s office. Your attorney will start by asking you a round of questions; then the defendant’s attorneys will ask you some more. Your statements and answers will be recorded on video.

An experienced attorney will meet with you before the deposition – to explain what will happen, prepare you, and address any concerns you may have. Your mesothelioma attorneys will protect you throughout the deposition.

• Working With Bankrupt Defendants: If the company responsible for your illness has gone bankrupt, there is a good chance they set up an asbestos settlement trust. While moving the case toward trial, your mesothelioma attorneys may submit claim forms and negotiate with the trustees of these settlement trusts. The money received from these trusts is generally much less than would have been received had they been in the litigation, as the compensation amounts the trustees are required to pay out are limited to ensure there is enough money to pay future claimants who will be diagnosed years from now.

• Settlement: As soon as possible, your asbestos attorneys will put your case on the court’s trial calendar. This action usually kicks off the beginning of serious settlement negotiations with the accused defendants.

Many defendants choose to settle once presented with the evidence against them. Your attorney will work with you to obtain the best settlement possible, given the facts of your case. If you decline the settlement offer, don’t be surprised if the defendant makes another offer during the trial proceedings. It is unusual for a case to go all the way to a verdict.

• Trials: Asbestos trials usually last about a month with evidence being given by treating doctors, oncologists, pulmonologists, pathologists, industrial hygienists, co-workers, you and your family. The benefit of going to trial is that the verdict award may be higher than the original settlement offer. But that is not always the case. The verdict can also go to appeal, which is another risk, as it can further delaythe outcome by years.

Over more than 40 years, the esteemed mesothelioma attorneys at Kazan Law have obtained hundreds of millions of dollars for thousands of people hurt by this dreadful disease. To learn more about your legal rights, visit us at kazanlaw.com or call for a free legal consultation today at 877-995-6372.

A recent article published in The Lancet, one of the world’s leading medical journals (and a fan of our website!), once again demonstrates that there is as yet no really good treatment for Mesothelioma. The article focused on an analysis of a multicentre randomized trial to determine whether adding chemotherapy to active symptom control in the treatment of patients with malignant pleural mesothelioma made any difference. It noted:

"Malignant pleural mesothelioma is almost always fatal, and few treatment options are available. Although active symptom control (ASC) has been recommended for the management of this disease, no consensus exists for the role of chemotherapy. We investigated whether the addition of chemotherapy to ASC improved survival and quality of life."  

Regrettably, the authors concluded:

"We observed no between-group differences in four predefined quality-of-life subscales (physical functioning, pain, dyspnoea, and global health status) at any of the assessments in the first 6 months."  

which means that "The addition of chemotherapy to ASC offers no significant benefits in terms of overall survival or quality of life."  

It still seems that the best hope for mesothelioma patients and their families is renewed efforts to understand how this disease evolves and find new treatment methods. This further highlights the overwhelming importance of eliminating future asbestos exposure in an effort to prevent future cases of this as-yet-incurable disease.  

Read the abstract on this trial of 409 patients with malignant pleural mesothelioma.

The American Journal of Industrial Medicine has released an article on a case-control study of pleural mesothelioma in Mexico seeking to determine which cases could be attributed to occupational asbestos exposure.

472 workers participated in the study; conclusions indicate an increase in mesothelioma-related illness due to industrial exposure in Mexico.

Read the Abstract

Read the Full Article (PDF)

If you or a loved one has been diagnosed with mesothelioma, you probably feel shocked or overwhelmed to a degree you never thought possible. Even if you have plenty of friends and family to lean on, it might occasionally feel like you don’t have anyone who quite understands what you’re going through. This connection – this commiseration you need – is what support groups are for.

During the many years we’ve helped mesothelioma patients at Kazan, McClain, Lyons, Greenwood and Harley, we’ve learned that there’s almost always a support service out there for you.

If you’ve never visited a support group (most people haven’t), here are some things to know about them, including their benefits, their limitations and where to find them.

Benefits of Mesothelioma Support Groups

Support groups are often as simple as you’d think. In-person groups usually meet weekly or monthly, often in a church, school or community center. Many support meetings will have very little in the way of structure. Instead, they’ll focus mainly on helping you express your emotions, voice your fears and meet other people like you. We’ve often had mesothelioma patients tell us that in a support group, they met people whose situations we’re almost exactly like theirs. Knowing that there are others out there sharing your experience can really help you cope with having mesothelioma.

Types of Mesothelioma Support Groups

Support groups come in a plethora of different varieties. You can take advantage of this to find one (or several!) that feel like a good fit. Some groups are for people with any kind of cancer, while others are intended solely for people with mesothelioma. While some are organized by counselors or doctors, others are patient- or survivor-led. Support groups can be just for men, women, children, the elderly, or for people with specific health complications.

Support Group Venues

Not all services are in-person. Phone-based support lines can let you talk to someone whenever you need to hear a friendly voice. Plenty of e-groups, chat rooms, internet forums exist online, too. These can help you get in touch with people from all over, especially if you live in the countryside or don’t have easy access to face-to-face services.

Limitations of Mesothelioma Support Groups

It may take a few tries to find a group or service that is a good fit for you. Don’t be discouraged! If using the internet is not your thing, try finding an in-person meeting at a local community center. If you feel like you don’t have much in common with the people in your group, consider looking for meetings and services that focus only on helping patients with mesothelioma. Finally, even though you’ll likely make some life-long friends in your support groups, be sure to only follow medical and legal advice given to you by your physicians and legal counsel. Be cautious of contacting groups via attorney websites, especially fake “.org” sites where attorney sponsorship is hidden, since these are often nothing more than disguised client solicitation devices.

Related articles:

The Stages of Mesothelioma: What Can I Expect After My Diagnosis?

Strategies for Coping with a Mesothelioma Diagnosis

Mesothelioma and Exercise: What Patients Should Know About Physical Activity

Compared to other malignancies, mesothelioma is relatively rare. Out of the more than 1.6 million cancer diagnoses made every year in the U.S., only about 3,000 are of mesothelioma, according to the National Cancer Institute and the American Cancer Society. While these numbers might make it sound like few scientists would be interested in investigating this disease, this could not be further from the truth.

Dozens of scientific teams are currently laboring over the causes of, treatments for and best methods of detecting mesothelioma. Recently, the Mesothelioma Applied Research Foundation awarded special grants to five researchers whose work is especially innovative.

Mesothelioma research requires advocacy, support

The 2011/2012 Mesothelioma Research Grant Awards (MRGAs) will help scientists examine this disease from several distinct angles. With the support of partners like Kazan, McClain,  Lyons, Greenwood and Harley, the Meso Foundation hopes to support the efforts to detect, treat and even cure mesothelioma.

Here are this year’s five grantees.

Dr. Tao Dao of the Memorial Sloan-Kettering Cancer Center is conducting research into immunotherapy for mesothelioma. He proposes using special antibodies in the human body to target WT1, a protein made by tumors. Dao’s approach involves using monoclonal antibodies, which have the potential to locate WT1 even though this protein occurs within (rather than outside of) malignant cells. This form of treatment could also apply to many other cancers.

Dr. Assunta DeRienzo of Brigham and Women’s Hospital has begun mapping the entire genome of 10 different mesothelioma tumors. With the help of this year’s MRGA, such genetic profiling could potentially locate the DNA mutations responsible for the rise and spread of mesothelioma.

Dr. Marc Ladanyi, also of the Memorial Sloan-Kettering Cancer Center, will use his MRGA to investigate the effects of BAP1 inactivation. Tests have found that in nearly half of all mesothelioma tumors, a particular gene – named BAP1 – is deactivated. Dr. Ladanyi proposes three separate experiments to examine how this genetic change contributes to mesothelioma.

Dr. Liang-Chuan S. Wang of the Perelman School of Medicine at the University of Pennsylvania is investigating the connection between interferon-gamma (a protein vital to immune response) and mesothelioma. This research will also look at how the disease becomes resistant to chemotherapy.

Finally, Dr. Nadia Zaffaroni of Milan’s Fondazione IRCCS Istituto Nazionale Tumori will use her grant to investigate microRNA as a biomarker for mesothelioma – and, possibly, as a target for therapies.

For people with malignant pleural mesothelioma (MPM), life after treatment can be very different. Things like diet, rest and daily activities usually change to accommodate a person’s new health status. But that doesn’t mean that everything from your old life has to fall away. Certain things, like regular exercise, can still be an important part of your weekly schedule.

At Kazan, McClain, Lyons, Greenwood and Harley, we know. We’ve spent almost 40 years helping people with MPM understand their legal and medical options. While we always recommend that patients talk to their doctor about physical activity, we do know that moderate, low-impact exercise can help improve quality of life for some people with mesothelioma.

In fact, two new studies have proven it.

Moderate activity boosts QoL

The pair of reports, both published in an August issue of the journal The Cochrane Library, essentially said the same thing. (And they should – they’re written by the same people.) For individuals with cancer, exercise can help improve their quality of life (QoL).

Each paper comes in the form of a literature review, combining the results of as many as 56 prior trials involving more than 4,800 people with cancer. The authors found that, overall, physical activity boosted a number of QoL indicators.

After six months of exercise-based interventions, participants exhibited improvements in:

• Overall QoL
• Body image
• Self-esteem
• Emotional wellness
• Sexual activity
• Pain levels
• Fatigue
• Anxiety levels
• Physical mobility
• Social interactions

Researchers said that “together, these reviews suggest that exercise may provide quality of life benefits for people who are undergoing or have undergone treatment for cancer.”

But be cautious

While life with mesothelioma does not necessarily have to be taken lying down, it’s important to be judicious with physical activity. Patients who have just received treatments must take several weeks (or, in many cases, months) to fully recover. Once a doctor clears you for exercise, start slow.

The Mayo Clinic recommends beginning with relaxation exercises, in which you slowly tense and then release different muscle groups. After that, MPM patients may gradually work their way up to yoga, tai chi, hiking or slow jogging.

In all cases, patients should have someone on hand to help moderate their level of activity and to assist in case they begin feeling dizzy or faint. Remember to warm up beforehand, cool down afterward and drink fluids throughout.

And again, as the American Cancer Society emphasizes, only engage in exercise after being cleared by your cancer team.

Related articles:

Nutritional Information for Mesothelioma or Lung Cancer Patients

Strategies for Coping with a Mesothelioma Diagnosis

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

As the winter solstice approaches, people in the U.S. are making sure they are prepared to face the colder weather. Firewood stockpiles have been replenished. Winter coats have been taken out of closets. Candles, water, food and other supplies are on standby in case of a blackout or other emergency.

Still, in the middle of December, there is one more thing that Americans need to make sure they are ready for: the flu. And when it comes to people who have diseases related to asbestos exposure, the flu may be especially hazardous.

At Kazan, McClain, Lyons, Greenwood and Harley, we want to make sure that our clients and their loved ones are doing everything they can to protect themselves against the flu this season. That includes getting a flu shot, knowing what to do in case one gets sick and learning how to avoid the virus.

20 percent of Americans catch the flu every year
Anyone who has ever had the flu is already familiar with its the symptoms: stuffy nose, sore throat, fever, painful muscles, fatigue, cough, upset stomach and more. This infection will also increase the risk of other diseases, such as pneumonia.

Experts estimate that 20 percent of people in the U.S. contract the flu every season, which can begin as early as October and end as late as May. More than 0,000 individuals are eventually admitted into the hospital because of this virus.

Although the flu can affect anyone, people who may have a higher risk of catching it include the elderly, young children asthmatics, diabetics, heart disease patients and individuals who have a weakened immune system.

What the flu means for patients with cancer and other illnesses
The flu can be especially dangerous for individuals who have malignant diseases of the respiratory system, such as mesothelioma. It is not clear whether these patients are more likely than those within the general population to catch the virus. However, people who have serious respiratory problems, such as mesothelioma or asbestosis, or immune systems weakened by cancer treatments, may experience more complications from the flu.

Protection and care
Government health officers recommend that all individuals aged 6 months or older get vaccinated against the flu. That includes patients who are sick with illnesses caused by exposure to asbestos. People who are severely ill with other conditions may not be able to receive a flu shot, but any questions about whether an inoculation is appropriate can be answered by a medical professional.

There are two main forms of flu vaccination: one is a nasal spray infused with weakened virus, while the other is an injection of dead virus. Cancer patients should only receive the latter type of inoculation because the former may cause sickness among individuals who have a weaned immune system. Caregivers or loved ones may take the nasal spray unless the patient is undergoing high-dose chemotherapy.

Once an individual starts developing symptoms of the flu, he or she must consult a medical professional immediately. Caregivers need to be prepared to discuss a patient’s medical history. Afterward, caregivers have to make sure that their charges take all the necessary medications, recuperate in a room separate from non-sick individuals, and that everyone in the household cleans their hands frequently.

There are other good tips that will help prevent the flu:

• Use soap and warm water, or alcohol-based sanitizers, to clean your hands.
• Keep your hands away from you mouth, nose and eyes.
• Try to stay away from small children who attend school or daycare.
• Stay at least six feet away from sick people, if they cannot be avoided altogether.

After someone has been diagnosed with malignant mesothelioma, it is understandable that he or she may need outside help in dealing with the distress and pain. Some patients ask for referrals to psychiatric counselors. Others sit down with a member of the clergy. Many turn to their friends and family.

This is, indeed, a stressful time, so pampering yourself with a massage may not be on your list of priorities. However, at Kazan, McClain, Lyons, Greenwood and Harley, we believe that massage can be a vital component of medical treatment, particularly for people battling cancer.

Therapists helped patients for thousands of years
Experts from the American Cancer Society (ACS) describe massage therapy as a form of complementary medicine that dates back to at least 2700 BC. It has been used in Chinese, Indian, Persian, Greek and Arab traditions.

The National Center for Complementary and Alternative Medicine (NCCAM) lists several types of massage therapy, all of which manipulate the muscles and soft tissues:

• Swedish massage uses long strokes, kneading, vibration and deep circular movements.
• Sports massage is similar to Swedish massage, but adapted for the needs of athletics.
• Trigger point massage focuses on painful muscle knots.

Swedish massage is one of the most common techniques used in the U.S., dating all the way back to the late 1800s. However, it wasn’t until 1992 that massage therapists around the U.S. decided to organize and form the National Certification Board for Therapeutic Massage and Bodywork, allowing them to standardize the necessary training for massage therapy and help consumers identify legitimate and educated practitioners.

How can massage help mesothelioma patients?
Mesothelioma and other types of cancer are associated with physical pain and emotional distress. Massage therapists assert that this form of bodywork may be able to help with both. The ACS notes that studies support the use of massage the alleviate stress, depression, anxiety, fatigue and physical pain. When it comes to that last factor, some practitioners claim that massage can stimulate the release of endorphins, which are natural painkillers produced by the body. Additionally, those who administer a form of massage known as myotherapy state that the regimen can improve blood circulation and sleep habits while reducing the need for pain medications.

Massage therapy is generally regarded as safe. However, you should never use it to replace standard medicine. If you are interested in massage therapy, you should talk to your physician. He or she will determine if you have a condition, such as bone metastases or low platelet counts, that can preclude the use of massage therapy.

Additionally, the National Cancer Institute notes that therapists administering a massage to patients should avoid open wounds, tumor sites, deep vein thromboses and areas made more tender by radiation therapy.

Pick the right massage therapist
The NCCAM estimated that in 07, 18 million adults and 700,000 children in the U.S. reported using massage therapy during the previous year. The nation has about 1,500 schools and training programs. As of 2010, 43 states and the District of Columbia had laws that helped regulate this industry.

If you are looking for a reputable massage therapist, try asking for a referral from your healthcare provider first. Once you gather the names of a few candidates, make sure they are properly trained, well-experienced, compliant with state laws and properly credentialed. You also need to discuss the nature of your medical condition, what type of therapy may be the most appropriate, cost and insurance coverage.

Mesothelioma is a rare form of cancer that affects cells found in the mesothelium, a protective membrane surrounding the majority of the body’s internal organs. The cells that make up this membrane protect the organs by making a special fluid that allows the organs to move and, in particular, help the lungs to move during breathing.

The vast majority of people who develop this deadly disease have inhaled asbestos particles, often through their jobs. In fact, a history of asbestos exposure in the workplace is reported in approximately 70 to 80 percent of all mesothelioma cases. In addition to mesothelioma, the inhalation of the deadly mineral fibers can cause lung cancer and asbestosis. The World Health Organization estimates that asbestos-related diseases kill approximately 107,000 people around the world each year.

Asbestos was originally prized by the ancient Greeks and Romans due to its resistance to fire and use as an insulator. Use of the mineral increased rapidly during the 19th century, particularly during the Industrial Revolution. By the mid-1930s, however, it was known that exposure to asbestos could cause a range of serious illnesses.

Mesothelioma Facts

Mesothelioma comes in three varieties:

• Pleural: most common (75% to 80% of diagnosed cases), originates within the chest and impacts the lungs
• Peritoneal: second most common (15% to 20% of diagnosed cases), originates in the abdomen and can involve the testicles, or spread to liver, spleen or bowel
• Pericardial: very rare (less than 2%), originates around the heart

Mesothelioma Prognosis

While mesothelioma is relatively rare, approximately 2,500 new cases of mesothelioma are diagnosed in the United States each year. And 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.

Other Mesothelioma Facts

• It usually takes a long time before symptoms of mesothelioma appear (on average 20 to 50 years)
• There is a difficulty in diagnosing mesothelioma because its symptoms are common to many types of infections and cancers
• There is often a challenge of putting together the puzzle pieces for an accurate diagnosis
• Mesothelioma occurs more often in men than in women
• The risk of developing mesothelioma increases with age, although anyone can get mesothelioma
• Treatment depends on cancer location, the patient’s general health and disease stage
• Standard treatment options include radiation therapy, surgery and chemotherapy. In some instances, these are combined

While treatments are available for some people with mesothelioma, they are mostly used to improve the quality of life of people whose survival prospects are typically measured in months and not years.

Mesothelioma Causes

The only real mesothelioma causes come from asbestos fibers that enter the body in the air we breathe. Like other dust particles that we breathe, most of the asbestos fibers are stopped long before they enter the small airways of the lungs. For example, we sometimes choke when we enter a dusty room. We literally cough up the mucus that contains most of the irritating substances. However, because asbestos fibers are so small and thin, many of them pass all the way down to the small airways and air sacs that fill the lung.

Once the fibers are inside the lungs, the body’s defense mechanisms try to break them down and remove them. However, many fibers still remain in the body and are potential disease-causing agents:

• Each fiber is a foreign body and inflammations develop as our bodies try to neutralize, break down or move the sharp, irritating asbestos fibers, just like splinters that get stuck under the skin.
• These processes lead to development of the various kinds of asbestos-caused diseases.

Mesothelioma Symptoms

Symptoms of mesothelioma usually appear between 20 and 50 years after the first exposure to asbestos. Recognizing early symptoms of malignant mesothelioma may aid in diagnosis. Many mesothelioma symptoms mimic symptoms of other, less serious illnesses, delaying diagnosis even further.

Malignant mesothelioma is diagnosed in one of three forms: pleural, peritoneal, or pericardial.

Pleural Mesothelioma Symptoms

Primary symptoms of pleural—lung membrane—mesothelioma include:

• Shortness of breath
• Coughing, wheezing or hoarseness
• Blood in coughed up fluid
• Fatigue or anemia
• Chest pain due to accumulation of fluid around the lungs, in the pleural space

Pleural mesothelioma symptoms are shared by many other illnesses—if standard treatments for bronchitis, the flu and pneumonia do not bring relief, your doctor should take steps to rule out mesothelioma as a possible cause.

Peritoneal Mesothelioma Symptoms

Primary symptoms of peritoneal—abdominal lining—mesothelioma include:

• Abdominal pain
• An abnormal buildup of fluid in the abdomen (ascites)
• Bowel obstruction
• A mass in the abdomen
• Anemia

Symptoms of peritoneal mesothelioma often do not appear until the advanced stages of the illness, and even then resemble symptoms of other illnesses.

Pericardial Mesothelioma Symptoms

Primary symptoms of pericardial—heart membrane—mesothelioma include:

• Heart palpitations or irregular heartbeat
• Chest pain
• Heart murmur
• Difficulty breathing, even at rest or lying down
• Fever or night sweats
• Cough
• Fatigue

Pericardial mesothelioma makes up fewer than six percent of all recorded mesothelioma cases. Like pleural and peritoneal mesothelioma, the symptoms of pericardial mesothelioma closely resemble the symptoms of other heart conditions, usually delaying diagnosis.

The importance of mesothelioma screening

The National Cancer Institute’s definition of screening for cancer is the examination or testing of people for early signs of certain type of cancer even though they have no symptoms – this is the best way to achieve a diagnosis as early as possible. Early detection and diagnosis is particularly important for people with historical exposure to asbestos due to the latency period (up to 50 years) before which symptoms of malignant mesothelioma cancer may become apparent.

Sometimes more invasive tests are required which may include screening methods for diagnosis of asbestos-related diseases using various imaging tests. In addition to regular X-rays, imaging tests include:

• Computed Tomography / CT Scan. Computed tomography is a recently developed special radiographic technique. Usually a spiral CT scan, it produces a clear cross-sectional image allowing a radiologist to see distinct aspects of the lung or pleura not readily apparent from a standard X-ray image.
• Magnetic resonance imaging (MRI)
• Positron emission tomography (PET)

Mesothelioma Screening Methods to Identify Asbestos-Related Disease

After a preliminary physical examination, your doctor may employ the following procedures to find out more about your condition:

• Thoracoscopy – A scope is used to look inside your chest cavity. A small cut will be made in your chest and a small piece of tissue may be removed for examination (biopsy) during the procedure. While you may feel some pressure, there is usually no pain.
• Peritoneoscopy uses another specialized instrument that allows for examination inside your abdomen. A scope is inserted into an opening made in the abdomen, and a biopsy specimen may also be taken.
• If the presence of fluid is indicated by either of these procedures, the doctor may drain it by inserting a needle into the affected area. Removal of chest fluid is called thoracentesis. Removal of abdominal fluid is call paracentesis.

What is Asbestos?

Asbestos is the name for a group of naturally occurring silicate minerals that can be separated into fibers. The fibers are strong, durable, and resistant to heat and fire. They are also long, thin and flexible, so that they can even be woven into cloth.

Because of these qualities, asbestos has been used in thousands of consumer, industrial, maritime, automotive, scientific and building products. During the twentieth century, some 30 million tons of were used in industrial sites, homes, schools, shipyards and commercial buildings in the United States.

There are several types of asbestos fibers, of which three have been used for commercial applications:

1. Chrysotile, or white, comes mainly from Canada, and has been very widely used in the US. It is white-gray in color and found in serpentine rock.
2. Amosite, or brown, comes from southern Africa.
3. Crocidolite, or blue, comes from southern Africa and Australia.

Amosite and crocidolite are called amphiboles. This term refers to the nature of their geologic formation.

Other asbestos fibers that have not been used commercially are tremolite, actinolite and anthophyllite, although they are sometimes contaminants in asbestos-containing products. It should be noted that there are non-fibrous, or non-asbestiform, variants of tremolite, anthophylite and actinolite, which may not have the same adverse health consequences that result from exposure to commercial forms of asbestos.

Why is asbestos still a problem?

Asbestos is still a problem because a great deal of it has been used in the United States and elsewhere, because many asbestos-containing products remain in buildings, ships, industrial facilities and other environments where the fibers can become airborne, and because of the serious human health hazards of inhaling the fibers.

Many Americans believe that use of asbestos in products was banned years ago. The fact is that asbestos-containing products are still being imported and sold in this country, continuing to endanger people who may come in contact with such products. A majority of these products are imported from Canada and Mexico, two countries where asbestos is still used. Further, not all imported products are clearly labeled with proper content information.

Asbestos Products

What is common to many asbestos products is that they were (are) used to contain heat (i.e. thermal insulation.) It is impossible to list all of the products that have, at one time or another, contained asbestos.

Common asbestos products:

• pipe-covering
• insulating cement
• insulating block
• asbestos cloth
• gaskets
• packing materials
• thermal seals
• refractory and boiler insulation materials
• transite board
• asbestos cement pipe
• fireproofing spray
• joint compound
• vinyl floor tile
• ceiling tile
• mastics
• adhesives
• coatings
• acoustical textures
• duct insulation for heating, ventilation and air conditioning (HVAC) systems
• roofing products
• insulated electrical wire and panels
• brake and clutch assemblies

Some of these products contained a very high proportion of asbestos, while others contained small amounts.

Asbestos Exposure

Exposure to asbestos fibers can cause asbestos-related diseases including malignant mesothelioma and other cancers. A potentially dangerous asbestos exposure can result from very small fibers at low exposure levels. Most such exposure would likely have occurred prior to the 1980s, but the latency period can be up to 50 years for most asbestos-related cancers to develop.

Many people have come into contact with asbestos fibers at their jobs. This is occupational exposure. There is also a risk to the family members of those working in at-risk occupations; this exposure is called paraoccupational exposure. Approximately 70% to 80% of the cases of mesothelioma are believed to be the direct result of easily identified occupational or paraoccupational exposure to asbestos fibers.

A third group of people are also at risk, not from their job, but from where they live. Sites likely to have asbestos include refineries, power plants, factories, shipyards, steel mills and demolished buildings. Those who live nearby can be exposed by the release of asbestos fibers that contaminate their residential neighborhoods.

Specific Industries and Occupations with Asbestos Exposure Risk

Industries / Job Locations:

• Asbestos product manufacturing (insulation, roofing, building, materials)
• Automotive repair (brakes & clutches)
• Construction/contractors
• Maritime
• Oil refineries
• Power plants
• Railroads
• Shipyards / ships
• Steel mills

Occupations:

• Automotive mechanics
• Boiler makers
• Bricklayers
• Building Inspectors
• Carpenters
• Electricians
• Hod carriers
• Insulators
• Iron workers
• Laborers
• Longshoremen
• Maintenance workers
• Merchant marines
• Millwrights
• Painters
• Plasterers
• Plumbers
• Roofers
• Sheet metal workers
• Steam fitters
• Tile setters
• U.S. Navy veterans
• Welders

Receiving the news that you have malignant pleural mesothelioma can be overwhelming, but knowing your diagnosis is a positive first step in fighting the battle. Next, your team of healthcare providers need to determine how extensive your disease is. This will help them decide which treatments are the most appropriate for you and which ones are not worth the expense and side effects.

At Kazan Law, we try to keep up with the latest medical developments. We know that when it comes to forming prognoses of cancer patients, doctors often rely on staging systems that describe the physical extent of the malignancy. However, when it comes to mesothelioma, arriving at an opinion may be more challenging. One team of scientists from Rome decided to comb through the various prognostic factors that researchers studied throughout the years and published their review in the journal Oncology.

Staging systems are inadequate
There are several treatment options for mesothelioma patients: chemotherapy, radiation therapy, surgery or a combination of any of these. Deciding which regimen to undergo depends partly on how advanced the disease is.

Experts from the National Cancer Institute say that surgical options – either extrapleural pneumonectomy or pleurectomy/decortication – are typically only recommended for patients who are in stage I of the disease. This means that the cancerous tissue is limited to certain areas of the chest lining. For stages II-IV, radiation or chemotherapy are often prescribed. However, some patients may still be eligible for pleurectomy/decortication.

The options for patients who have recurrent mesothelioma are mostly limited to participating in a clinical trial.

One problem with the staging system for mesothelioma is that, by the time patients are diagnosed, the disease is usually in its advanced stages. This underscores the need for better techniques to identify the disease and determine its extent.

Reviewers go from macro to micro
Although cancer prognoses often rely on staging systems, the amount of information that can describe mesothelioma is more vast than some medical professionals may know. The review recently published in Oncology grouped the various predictive factors of this disease into three main groups:

1. Clinical factors. These include sex, age, extent of asbestos exposure, symptom severity, performance status, radiological imaging, blood cell abnormalities, enzyme abnormalities and the presence of certain proteins in the blood serum. Additionally, both patients’ cancer staging and their responses to treatment may also impact their prognoses.
2. Genetic factors. Although asbestos exposure is the only known direct cause of mesothelioma, the carcinogen interacts with a unique set of genes in each patient. Prognoses may depend in part on the presence of mutations in individuals. Furthermore, the severity of a disease can be affected by mechanisms in the cells that control how certain genes are expressed.
3. Molecular pathway factors. The way in which the machinery in your cells behaves can influence how well the diseased tissue thrives. For example, most healthy cells are programmed to die after a certain time, or after an extensive amount of damage takes place. It is not uncommon for cancerous cells to be missing this mechanism for cell death.

The Environmental Working Group estimates that mesothelioma claims the lives of more than 2,500 individuals in the U.S. every year. Having more effective methods of forming prognoses can help doctors decide which patients are eligible for certain treatments, including those that are more targeted.

“Until the suggested novel gene and immunologic therapies have demonstrated their effectiveness, the best approach that can be offered to patients remains as extensive a surgical cytoreduction as possible, followed by adjuvant chemo- and radiotherapy,” the reviewers wrote. “Still, an adequate knowledge and evaluation of prognostic factors can help in defining the multidisciplinary approach to therapy in order to reduce the mortality from this lethal disease.”

Firefighter mesothelioma rates are twice that of the rest of the population according to a dramatic new study – the first ever of its kind.

The researchers said it was likely that the findings were associated with exposure to asbestos, and noted that this is the first study ever to identify higher rates of mesothelioma in U.S. firefighters.

What also makes the study important is that it analyzed cancers and cancer deaths through 09 among 29,993 firefighters from the Chicago, Philadelphia, and San Francisco fire departments who were employed since 1950.  The large number of study subjects and the many years that they were tracked elevates the credibility and importance of the study; especially in light of the grim results.

The findings are consistent with earlier studies, but because this one followed a larger study population for a longer period of time, the results strengthen the scientific evidence for a relation between firefighting and cancer, the researchers said.

The National Institute for Occupational Safety and Health (NIOSH) led the study in collaboration with the National Cancer Institute and the University of California Davis. The results from the NIOSH researchers and their colleagues were reported on October 14 in the online edition of the international medical journal Occupational and Environmental Medicine, an offshoot of the cutting edge British Medical Journal.

Other types of cancer were also found to be elevated in this study of firefighters in the three U.S. cities. The researchers found that rates of cancers of the respiratory, digestive, and urinary systems were higher in the firefighters than in the U.S. population as a whole.

Firefighters can be exposed to contaminants from fires that are known or suspected to cause cancer. These contaminants include combustion byproducts such as benzene and formaldehyde, and materials in debris such as asbestos from older structures.  These materials may be inert under normal conditions but break down and are released when structures collapse during a fire.

The findings of the new study do not address other cancer risk factors, such as smoking, diet and alcohol consumption, NIOSH pointed out, according to an article in EHS Today, an occupational health and safety magazine.

A second phase of the study is planned and will further examine employment records from the three fire departments to gain more insight into occupational exposures, and to look at exposures in relation to cancer incidence and mortality, NIOSH said.

In theory, a law firm should do considerable investigation before it tells a client that it can take on a mesothelioma case. But there are some law firms that just want to get people to sign up with them. Then they’ll turn around and broker that case to someone else, because they have no real intention of doing any actual work involved in a mesothelioma case.

These businesses assume that if you have a mesothelioma diagnosis, there will be money in it for them from somewhere. Their attitude is, “We don’t care because we are going to get a third or half of the fees for no work.”

We do things differently at our asbestos law firm. Once a client calls to consult with me about a mesothelioma case it establishes a confidential attorney client relationship, whether or not they hire me. I firmly believe that I am ethically obligated to give them good advice and protect their best interests and their confidences.

We may know in the first phone conversation that someone has enough provable asbestos exposure for a mesothelioma case and who the likely culprits are. There are other mesothelioma cases that require extensive investigation before I can tell a client the case has value.

Here are five questions we consider:

1.       Is the mesothelioma diagnosis accurate? Nowadays it usually is since it is almost always based on a pathology report after a biopsy, and even a community hospital pathology department uses standard lab tests and often gets outside consultation.

2.       Can we show that there was asbestos exposure? Almost all the time we can. Sometimes people don’t remember where they were exposed to asbestos. I had a mesothelioma case involving an orthopedic surgeon who didn’t have a clue. After a couple hours of detailed interview, he remembered that one summer during college he worked at an oil refinery doing clean-up.

3.       Can we identify where and when the asbestos exposure took place, and figure out whose asbestos product it was? We explore a client’s work history and exposure history to see what evidence there is. A client might say, “My dad worked at the shipyard.” Or “I did drywall work.”

4.       Whose asbestos fiber was it? Not just who made the products that were used at that time and place, but how did the asbestos get there? Anyone in the chain of production and distribution from the mining company who dug up the asbestos fiber to the product manufacturer to the wholesaler to the local hardware store has liability for the asbestos product, and thus for the exposure.

5.        Is the case worth doing? That is something we will decide before we commit to doing it. The deciding factor is whether we will be able to get enough money from anyone for you to justify your time and energy. That requires some effort to determine.

Promising someone the moon and the stars and not being able to deliver is not a good thing, and the last thing a mesothelioma patient needs is to waste time and energy on a lawsuit with mesothelioma attorneys who can’t deliver what they promise, when time and energy are the patient’s most limited and precious resource. At Kazan Law, we are honest and conservative. We tell prospective clients the truth about what a case will take out of them, and what it will likely produce for them and the family. We aim to exceed our clients’ expectations. No one’s ever gotten mad at me for doing better than I told them we would.

We are very excited to be heading off to Cape Town, South Africa for the twelfth biennial meeting of the International Mesothelioma Interest Group (iMig 2014).

We are particularly honored that Kazan Law has been chosen to present some of our own research work at this conference. Like the Boston conference in 2012, this year again in Cape Town we are the only law firm in the world whose work has been accepted for presentation.

If you claim your mesothelioma medical expenses as a deduction on your taxes, you need to keep records of your claimed expenses in case you are audited. In an audit, you must prove to the IRS that the expenses you claimed on your tax return are valid. Otherwise you may be required to pay additional taxes plus a penalty.

Also be sure to let your mesothelioma lawyer know your medical expense totals for the year so he/she can include them as part of your claim for compensation in settlement negotiations and at trial.

Here’s how to document your mesothelioma medical expenses:

1 Label the sections of an accordion file or separate file folders with the categories of mesothelioma medical expenses that you want to claim. For example, you probably need a section for doctor bills, lab bills, co-pays, prescriptions and insurance paperwork. Any costs you incur traveling for your mesothelioma medical treatment or to seek legal advice because of your mesothelioma should also be filed in separate section. Costs for medical equipment you buy or rent because of your mesothelioma should also have a section.

2 Add your own notes to every printed record of a medical expense when you receive it. Each document should identify the medical professionals who provided treatment for you and in your own words, what they did. The medical terms on the bill may not make sense to you later on. The record should also include the name and address of the provider, the date of the expense, type of expense and cost. The IRS recommends keeping track of expenses when they occur. Include items like receipts, bills, sales slips, canceled checks, credit card statements and records of electronic transfers.

3 Enter the details of each medical bill into a spreadsheet on your computer. You can also set up a paper-and-pencil spreadsheet to track medical expenses. The spreadsheet should include a column for each of the details you have noted on the written record. Organize the columns in a way that makes sense to you. You might, for example, put the date in the first column, then the name of the person associated with the expense, the type of expense and so forth. Spreadsheet applications or specialized tracking software have several advantages over a handwritten record. For example, they will allow you to reorganize the order of the columns and sort the information by a specific factor.

4 Place the printed record of the expense in the appropriate section of your files. Keep the records in order by date within each file section by consistently placing each new record at the front or the back of the file. Occasionally flip through every section to make sure the order is correct and that you put each piece of paper in the right section.

If your loved one has died because of mesothelioma or another asbestos-related disease, we are terribly sorry for your loss. The tragedy of a death related to corporate negligence is more than simple misconduct. It’s an unimaginable horror for you and other innocent families like yours to experience.

The harmful effects related to asbestos exposure have long been studied and known by researchers in the medical and scientific community. From breathing problems to loss of mobility or cognitive deterioration, the consequences of exposure to asbestos are far-reaching and crippling for those unfortunate enough to suffer from them.

Mesothelioma is considered to be a terminal diagnosis. For family members, filing a wrongful death lawsuit against the guilty party or parties is the best way to ensure they answer for what they have done.

In 2014 Kazan Law achieved the highest wrongful death jury verdict in California. The total amount awarded was $11,800,000. Results like these are not uncommon for our law firm.

 Families Are Also Victims of Mesothelioma and Asbestos Exposure

The emotional stress and suffering you’ve already endured has likely caused a rippling impact on your entire life. From medical costs to the inability to effectively do your job, you have endured financial repercussions from the death of your family member. Accordingly, the responsible corporation(s) should be obligated to pay damages to you for the harm they have caused. That’s why you have the right to pursue compensation for your distress.

Beyond the lost wages from the deceased, your ability to live your life has been significantly altered. This chain of events has come about because of the willful negligence or malice of corporations that need to be held responsible.

That’s why it’s so critical for you and your family to act now and seek out what is rightfully yours. You do not have to allow this tragedy to make you a victim twice. The loss you now have to live with is painful enough. It’s time for you to take action and seek out the justice you deserve.

Family Options for Wrongful Death Compensation Due to Mesothelioma

Families can pursue settlements or other compensation efforts through a variety of legal means. The goal here is to create proof that both the deceased victim and your family have endured pain, suffering and financial loss as a result of mesothelioma or other asbestos-related disease.

Common areas of injury include the following:

Medical Expenses/Treatment

Your family member’s medical costs related to a mesothelioma diagnosis or asbestos-related illness were likely very high. For many families these bills may not be fully covered by their insurance. As a result, they are left with unpaid charges potentially impacting their credit and other financial elements of their lives.

Mortgage/Utility/Other Bills

When a household is financially impacted by an illness or disease related to asbestos, the results can be devastating. This means that mortgages, credit cards or utility bills may go unpaid. You are entitled to receive a cash settlement amount which includes enough to offset these costs, late fees and related financial damages that result from the family’s loss of income.

Emotional Pain

While emotional pain is not as measurable as financial damages, it is the true crux of what you are experiencing. Your emotional distress, pain and suffering is carried with you throughout your life. This type of suffering should not go uncompensated or unacknowledged by those who are responsible, and a jury can measure the value of your loss.

Generally the legal process for a wrongful death suit related to mesothelioma or asbestos exposure starts with extensive research by multiple investigators and attorneys, and by interviews with the client.

Claims are filed once it’s determined what the best options are. These claims can be made in different states, depending on where different company offices involved with the exposure are located. The state where you are likely to get the most favorable settlement is where your claim should be made. From there your case could go to court or a settlement may be reached.

Honoring Your Loved One Through Advancing Mesothelioma Research

Beyond making negligent companies pay for the life they took, you have additional options available to honor the person you loved. Some of our clients have generously made a contribution to mesothelioma research and treatment.

Researchers have continued to invest their focus on better understanding the mechanisms behind mesothelioma and other diseases caused by asbestos. Their work can make a huge difference in the lives of other people with a similar diagnosis in the future.

Contributing to this type of research can help:

• Earlier detection
• Improved range of treatment options
• Less pain and suffering for victims
• Improved quality of life for patients
• Continued work toward finding a cure

Mesothelioma is typically a fatal diagnosis. Perhaps one day that terminal aspect of the disease will be reversed and we can cure it. Until then, advancing research will make better treatment options more affordable and accessible to those who are suffering.

Settlements and Compensation for Your Pain and Suffering

While your loved one may be gone, he or she will never be forgotten. Although no sum of money can bring them back, you and your family deserve compensation for the emotional and financial turmoil this has caused you.

With the right legal team and strategy, your chances of a just trial or settlement amount are improved greatly. If you haven’t already, your critical next step is to schedule a consultation with a lawyer specializing in mesothelioma and asbestos litigation. Contact Kazan Law’s award winning legal firm today for a no cost – no obligation evaluation.

If you have recently been diagnosed with mesothelioma, you may feel overwhelmed by the medical and legal information you need to absorb. Here are the basics you will need to know to get started with your mesothelioma lawsuit.

Finding a Lawyer for Your Mesothelioma Lawsuit

Serious health problems related to asbestos exposure were first reported in the 1930s. Despite their knowledge of the danger this posed for the people who worked and lived with these products, many corporations continued to use asbestos in their products Because so many people have suffered from the toxic effects of asbestos exposure, including mesothelioma, asbestos-related lung cancer, and other asbestos-related diseases, the judicial system has created processes to streamline asbestos litigation.

The first, and perhaps the most important, step in filing a mesothelioma lawsuit is finding the right lawyer to represent you. An experienced lawyer is a crucial asset to help you recover the compensation to which you are entitled. You don’t have to choose an attorney with an office near your home; you can even work with a mesothelioma lawyer based in a different state. It’s a good idea to research your choice and work with a law firm that has a track record of winning settlements and verdicts for clients with mesothelioma.

Once you have found a trustworthy asbestos firm, your attorneys will do most of the work so you can focus on taking care of your health and spending precious time with your family. Your lawyer may request information from you, but most of the lawsuit process will move forward without much input from you.

Mesothelioma Lawsuit Process

The first step to filing a mesothelioma lawsuit is to determine where you were exposed to asbestos. Your lawyer will ask you for a list of all the places you have worked, since mesothelioma may take several decades to manifest after asbestos exposure. Some people were exposed to asbestos outside of the workplace, perhaps through the contaminated clothing of a spouse who worked with asbestos or because of asbestos building materials in their homes.

Your attorney will file suit against all the parties who could be responsible for your asbestos exposure. Early in this process, both sides will begin the discovery process. The defendants will request copies of your medical records and your attorney will request documentation about asbestos use from the defendants. The defendants will take your deposition, where you will answer questions under oath in front of a court reporter but not a judge. Your attorney will be at your side to support you and guide you through your deposition. The defendants will also be deposed.

Some defendants may try to convince the court that they are not responsible for your illness. Companies may argue that you could not have been exposed to asbestos at their location. They may claim that your mesothelioma was caused by a past history of exposure to someone else’s asbestos products, or that smoking or other health problems meant you were already injured, or couldn’t work even before the mesothelioma.. An experienced mesothelioma attorney will know how to counter these arguments.

Other defendants may accept their liability and begin settlement discussions soon after your lawsuit is filed, in an effort to minimize their legal fees. It is not unusual for claimants in mesothelioma lawsuits to begin to receive settlement funds within just a few months after the lawsuit is filed.

If a defendant is unwilling to settle, your case may go to trial. This is unusual. Over 80 percent of lawsuits settle before trial.

While mesothelioma plaintiffs receive expedited trial schedules because of the severity of their illness, the trial process can stretch to a year or more. If the defendant appeals the trial verdict, this can prolong the process even further.

Although trials can be expensive and time-consuming and there is no guarantee of a positive outcome, verdicts can result in greater compensation for plaintiffs than negotiated settlements. Kazan Law has won verdicts as high as $27 million for mesothelioma claimants.

Filing Your Mesothelioma Lawsuit Claim

Once you are diagnosed with mesothelioma, you have a prescribed window of time within which to file a mesothelioma lawsuit. This is known as the Statute of Limitations. If you don’t file within this window, you will not be able to recover damages for your injuries. The amount of time to file varies in different jurisdictions. In California, you have one year from when asbestos causes you to be unable to work at your usual job. It is important to begin working with a mesothelioma lawyer as soon as possible after your diagnosis to allow enough time to thoroughly investigate the potential sources of your asbestos exposure and determine the correct parties to sue.

Once again, it is important to work with a reputable and experienced mesothelioma law firm. If your claim is filed incorrectly, you may run out of time and lose your opportunity to recover the compensation you deserve.

In most cases, you have a choice where to file your mesothelioma lawsuit. You don’t have to live in the state where you file. At Kazan Law, we file most of our lawsuits in California because the people who serve on California juries understand the true value of mesothelioma claims.

Each case is different, as each person is different. If you would like to discuss your mesothelioma claim with one of the experienced asbestos lawyers at Kazan Law, please feel free to contact us for a free case evaluation.

If you or someone in your family has been diagnosed with mesothelioma, you will need to obtain the best medical treatment, pay for living expenses, and provide for your family in the future.

Let us help you understand and protect your legal rights. 

Among the most common questions relating to mesothelioma lawsuits are:

•  How much compensation can I expect to receive if I come to a settlement?
• Is there an accurate way to estimate what amount I may be entitled to?

Answers to these questions are determined case by case.

What Affects Mesothelioma Lawsuit Amounts?

Kazan Law has extensive experience fighting to obtain the highest possible amount of compensation in any mesothelioma lawsuit settlement negotiation for our clients.

The following conditions typically help determine the amount of a mesothelioma lawsuit settlement agreement:

• Medical diagnosis and related costs: One of the major components impacting a case’s strength comes from your specific diagnosis and health care costs. Accordingly, Kazan Law will fight to have all your health care costs resulting from your diagnosis covered in a settlement.

• Personal distress (physical and mental): Your personal distress also plays a large role in the total settlement amount. Mesothelioma and other asbestos-related complications have a severe effect on quality of life. Understanding this distress – and being able to explain it – can make a big difference in the total settlement amount or potential punitive damages awarded to you. Kazan Law will strive to obtain the highest compensation to help support a better quality of life for you and your family, and often can seek extra damages to punish the bad companies for their bad conduct.
• Lost wages from missed work: If mesothelioma took away your livelihood, you deserve to have that lost income repaid in full. Past missed work typically means many years later when symptoms will impact your ability to keep working. These missed years of work often add up to a very significant amount of money.

• Accumulated bills and expenses: Beyond medical costs, expenses from everyday living can also accumulate if you’re not working due to mesothelioma. Past due bills, accounts in default and other problems easily impact a person suffering with this illness. Getting help with these expenses remains an important component to any mesothelioma lawsuit settlement negotiation. As a victim of companies’ negligence, you should not have to pay for expenses that result from your illness.

State Residency and Mesothelioma Lawsuit Settlement Amounts

The laws regarding a mesothelioma lawsuit are complicated and vary from state to state. Only an attorney who works intensely in asbestos litigation has the kind of experience that will get you the best possible results.

Below is information about how some states have reacted to mesothelioma lawsuits. Unfortunately, not every state is making the process easier for victims to receive their rightful compensation. Some states have added unnecessary hurdles. With over 40 years of experience in asbestos litigation, Kazan Law and its attorneys are knowledgeable about the unique hurdles presented in these cases and are well equipped to represent victims nationwide.

Florida: The state of Florida enacted the Asbestos and Silica Compensation Fairness Act in 05. This law has required more evidence related to a victim’s asbestos exposure and their health impairment.

New York: Because New York began manufacturing asbestos as far back as the 1880s, this state has had the highest number of asbestos lawsuits in the country. Like many other states, related legislation is aimed to improve worker and workplace safety – and prevent future lawsuits from becoming necessary. Our senior partner, Steven Kazan, has been licensed to practice law in New York since 1967!

Ohio: Current data trends show Ohio as another leading state for asbestos lawsuits. In the early 00s with lots of claims originating in Ohio, lawmakers reacted by imposing specific restrictions for people filing asbestos lawsuits. Additionally, the state has offered assistance to companies that may face asbestos lawsuits, which could add additional difficulties to the process.

Pennsylvania: Much like New York, Pennsylvania has a long history of asbestos manufacturing. Pennsylvania is one of the top five states in terms of the number of mesothelioma and asbestos-related lawsuits. As more cases made their way into the courtroom or into pre-trial settlement negotiations, the state began to set up a long list of procedures to deal with the volume. Our partner, Joe Satterley, is licensed to practice law in Pennsylvania.

Texas:  Following a high volume of asbestos lawsuits in the late 190s, the state of Texas passed laws, and its courts made rulings to hurt asbestos victims seeking justice.

The value of your case and the amount of compensation you receive can vary greatly depending on the state in which the attorney files.  Juries tend to award more and therefore settlements are higher in big cities with booming economies and high costs of living, like the San Francisco Bay Area, where Kazan Law is located.

Often we have several choices where to file. For example, if you were exposed to asbestos while you were in the U.S. Navy stationed in the San Francisco Bay Area, or if the company responsible for your asbestos exposure has its headquarters in the San Francisco Bay Area, we can file the case here, even if you have lived in Iowa ever since.  The value of your case would be much higher if it is tried here, with S.F’s higher costs of living, than it would be in your home town.

What to Expect from a Mesothelioma Lawsuit Settlement

While there is no way to determine in advance how much compensation you should expect in a mesothelioma settlement, Kazan Law has a long history of obtaining the absolute fullest compensation that our clients deserve.

Countless factors directly influence the potential award or amount of your settlement agreement. When you speak to a Kazan Law attorney, you’ll be provided a better understanding of your case and the variables that are in your favor.

Our attorneys make every client a priority and show them the compassion and respect they deserve. To begin the legal process of seeking justice and compensation, contact us today.

If you or someone in your family has been diagnosed with mesothelioma, you will need to obtain the best medical treatment, pay for living expenses, and provide for your family in the future.

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 lawyers in California and nationwide. 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 lawsuit are complicated and vary from state to state. Lawyers at Kazan Law who focus intensely 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.

Kazan Law is consulted by and gives advice to more than a thousand potential clients each year. We have filed more than two thousand cases in our history. We are proud that our mesothelioma law firm Kazan Law is large enough to have extensive resources and many years of experience, yet small enough to ensure—by limiting new cases to 20–25 per year—that every client receives individual and outstanding representation.

Recent Results for Our Clients

• $32,800,000 jury verdict awarded to a foundry service and supply man
• $27,342,500 jury verdict awarded to former wife of insulator
• $17,400,000 jury verdict awarded to a heavy duty vehicle parts man
• $11,000,000 wrongful death verdict reached for automotive parts man
• $6,951,000 jury verdict for a boilermaker
• $6,825,000 jury verdict for career auto mechanic

Call our mesothelioma lawyers today to see if you have a case: (888) 887-1238

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

“You have all been so wonderful to us, so professional, and always looking out for our best interests in every way.  I know it’s a job you do. However, not once did anyone ever make us feel like we did not matter.  God only knows what is ahead for us but you have gotten us through some very tough times.  If there is anything we can do for you, please let us know. We are eternally grateful and hope that we have formed a lasting friendship.” – A. S., Fresno, CA

“Although nothing changes the suffering my father experienced, the compensation you were able to recover enabled my mother to enjoy a lifestyle in her later years beyond her expectations, and the funds also enabled my sister and I to provide comfortably for our mother’s care when she required more assistance. I am very appreciative.” – Ardith Bertorello

“You have helped me get all my grandchildren through college. My grandson, Cameron, graduated last June. Leo and I both thank you.” – Millicent Lutchansky

“Thank you for your continuing work on my behalf. You have a wonderful staff.” – Mrs. S.; Washougal, WA.

“Your assistance in recovering compensation for my fiance’s claim has been appreciated. It saddens me that after serving his country for 30 years and being one year from retirement, he passed away from mesothelioma cancer, not even knowing the large sum your firm successfully acquired on his behalf. His family and I will be grateful always for the professionalism and responsiveness of your staff.” – Ms. Y.P.; Fairfield, CA.

“We want to thank you for all of the help you gave our father and your continued help and support for us.” – Ms. D.L.; Clovis, CA.

“We want to thank all of you for the support and guidance we have received. In a very difficult time everyone from the firm made the journey much easier.” — NKK, Petaluma, CA

We Support Mesothelioma Research and Give Back to Our Community

The Kazan McClain Partners’ Foundation, Inc, was formed in 1994, and over the years has disbursed over $20 million in grants to a wide array of community and civic organizations, including $6 million for mesothelioma research. Our mission is to benefit the public through grants to organizations and individuals in order to:

• support research into causes of, treatment for, and prevention of occupational and environmental diseases;
• increase and improve public awareness about workplace health and safety, and public health;
• enhance access to, participation in, and education about the legal system and governmental processes;
• advance programs that provide services which lessen the burdens of government and/or provide relief to the poor, distressed or under-privileged;
• combat community deterioration and lessen neighborhood tensions.

We have funded medical research for cures of asbestos diseases in cooperation with:

• University of California San Francisco
• Stanford University
• University of Chicago
• Mesothelioma Applied Research Foundation
• Creighton University

File a Mesothelioma Lawsuit

Please contact a Kazan Law mesothelioma lawyer toll-free at (888) 887-1238 with any questions or concerns you might have, or to determine if you have a case for filing a mesothelioma lawsuit.

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)

Bill Tyler worked for Foundry Service and Supply in Torrance, California from 1972 to 1992. He used an American Optical respirator for 17 years, expecting that it would protect him from breathing asbestos dust. At age 62, he developed mesothelioma, a fatal asbestos cancer.

American Optical company documents showed the respiratory equipment manufacturer knew its customers were using the R200 respirator in asbestos work sites, and no significant efforts were made to stop that.

Mesothelioma Verdict Amount

After one day of deliberation, the jury awarded $22.8 million in compensatory damages in favor of Bill Tyler and his wife Becky. Days later the jury slammed American Optical Corporation with $10 million in punitive damages for marketing a faulty respirator–the first time that American Optical Corporation has been hit with a punitive-damages verdict for its sale of defective respirators.

Bill and Becky Tyler were represented at trial by Kazan Law partners Joe Satterley and Denyse Clancy and associates Joe Nicholson and Mark Swanson.

In closing argument, Ms. Clancy told the jurors that this was an American tragedy, because a company who knew that there is no safe level of exposure to asbestos failed to protect the workers who looked to it for their safety needs.

After the verdict was returned, Mr. Satterley stated: “Justice has been served. American Optical falsely told the public that its respirator protected against asbestos dust, when in fact it had greater than 20% leakage. As a result, Bill Tyler and untold others like him breathed in large quantities of asbestos, thinking all the time they were safe. But they were not.”

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 […]

University of Pennsylvania School of Medicine

It has been theorized that Malignant Mesothelioma may be a good target for gene therapy because the thin mesothelial layer offers a large surface area for gene transfer, with the pleural space easily accessible for biopsy. A recent article in Current Treatment Options in Oncology by University of Pennsylvania researchers described novel approaches to gene therapy offering new hope to those suffering from this dreaded disease.

How Mesothelioma Grows

In their review of gene therapy clinical trials, the authors reported some ” limited evidence of efficacy ” for this treatment. Mesothelioma occurs when proteins allow cells to grow in an uncontrolled manner. A specific protein called mesothelin was found by researchers looking for differential expression of proteins between normal cells and mesothelioma cells. The increased presence of mesothelin on certain cells is thought to enable their growth, leading to mesothelioma.

Promising New Approaches

Previous laboratory research has shown that certain immune system cells, called T cells, can kill tumor cells that express mesothelin. In addition, both animals and human studies have shown that antibodies directed against mesothelin protein can shrink tumors. As a result, much of the mesothelioma research currently underway is focused on developing therapies that can directly block mesothelin function. One especially promising new area in gene therapy is the use of lentiviral or retroviral vectors to “transduce T-cells with modified T-cell receptors engineered to attack specific tumor antigens”. This approach has shown some success in treating other cancers.

Conclusions

The authors conclude “At this point in time, gene therapy for mesothelioma remains experimental and limited to a few referral centers. However, the practicing clinician can participate in moving this approach forward by not taking a nihilistic approach to MPM, but by discussing option of participating in clinical trials with his patients”.

For more information contact the University of Pennsylvania Gene Therapy Program.