Mesothelioma

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Mesothelioma is cancer of the mesothelium, a protective membrane that lines most of the body's internal organs. Three out of every four cases cases of mesothelioma disease begin in the pleural mesothelium of the chest cavity. Mesothelioma can also begin in the abdominal cavity and around the heart.

Regardless of where they originate, malignant cells from the mesothelium can invade and damage nearby tissues. Cancer cells can also metastasize, or spread, to other parts of the body.

Often by the time mesothelioma is diagnosed, the disease is advanced. The five-year survival rate is around 5% to 10%. Most patients with mesothelioma die as a result of respiratory failure or pneumonia. Some patients develop a small-bowel obstruction when a tumor extends through the diaphragm. A smaller number die of cardiac complications when the tumor invades the pericardium -- the thin membrane that surrounds the heart -- and the heart itself.

Mesothelioma is a relatively rare form of cancer. About 3,000 new cases of the disease are diagnosed in the U.S. each year.

Causes of Mesothelioma

The main risk factor for mesothelioma is working with asbestos. Asbestos is a group of minerals with thin microscopic fibers. Because these fibers are resistant to heat, fire, and chemicals and do not conduct electricity, asbestos has been mined and used widely in the construction, automotive, and other industries.

If tiny asbestos fibers are released into the air, as they are in the manufacturing process, they can be inhaled or swallowed, leading to serious health problems. As many as 75% of mesothelioma cases can be linked to exposure to asbestos at work. There is also some evidence that family members and others living with asbestos workers have an increased risk of developing mesothelioma, and possibly other asbestos-related diseases. This risk may be the result of exposure to asbestos dust brought home on the clothing and hair of asbestos workers. Cases of mesothelioma have also been seen in people living close to asbestos mines.

However, mesothelioma has been reported in some individuals without any known exposure to asbestos. Other, uncommon, but possible causes include: 

Mesothelioma Claim

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Mesothelioma is a rare form of cancer which develops in cells of the mesothelium, the protective lining covering many internal organs. The cancer is almost always malignant, and very difficult to treat.
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There are about 2,000 cases of mesothelioma cancer diagnosed each year in the United States, mostly related to on-the-job exposure to asbestos.

Mesothelioma claims are most frequently filed by workers or their families.

What is Asbestos?

Asbestos is a naturally occurring substance used by various industries, including automotive, shipbuilding, and construction. It is a friable mineral, meaning it's easily reduced to fine particles that can be inhaled by workers and others close by.

These carcinogenic particles embed themselves in tissues surrounding vital organs. Our bodies can't flush out these particles, and the longer they remain, the greater the chance they will cause malignant mesothelioma cancer. In many cases, cancer doesn't develop until decades after asbestos exposure first occurs.

Diagnosing mesothelioma is challenging for doctors because it often presents with symptoms common to other diseases. There is no known cure for mesothelioma, although surgery and chemotherapy can help improve a victim's quality of life in the short term.

There are four primary types of mesothelioma claims:

Product liability - can be filed against a company that manufactured a product with asbestos.

Medical malpractice - can be filed against a doctor or hospital if they misdiagnose, or delay a diagnosis of mesothelioma.

Workers compensation - can be filed against an employer if the worker was exposed to asbestos while on the job.

Wrongful death - can be filed against the manufacturer or retailer of a product containing asbestos, a doctor or hospital for misdiagnosing mesothelioma, or even an employer if their actions constituted gross negligence (or a wonton disregard for a deceased worker's safety).
Filing a Claim or Lawsuit

To have any chance of success in a mesothelioma claim or lawsuit, you will need the counsel of an experienced personal injury attorney. It's impossible to handle a case like this on your own.

These cases are very expensive, often costing hundreds of thousands of dollars to pursue. To succeed, your attorney will need to take hundreds of depositions, and subpoena thousands of records. There will also be multiple court hearings, additional pretrial discovery, and more.

There are specified time periods, called statutes of limitations, during which a mesothelioma claim must be settled or a lawsuit filed. Each state has its own limitations period. If you miss it, you will be forever barred from recovering compensation for your injuries.

In a successful injury claim, you may be entitled to compensation for your damages, including payment for all your medical bills, out-of-pocket expenses, all your lost wages, and an amount for your pain and suffering. In wrongful death cases, the victim's family may be entitled to similar compensation.

Let's review some legal actions you can take if diagnosed with mesothelioma:

Product liability

The basis of a claim against a product containing asbestos, is that the manufacturers knew, or should have known the asbestos could cause harm. And, with actual knowledge of the danger, the manufacturer took inadequate steps to stop manufacturing the product, recall it from the market, or indicate the type of protective gear which must be worn by users.

Medical malpractice

In this context, a medical malpractice claim is based on a doctor or hospital either failing to diagnose or misdiagnosing mesothelioma, and failing to timely treat the illness. The victim must prove that these diagnostic mistakes either caused or aggravated the cancer.

Workers' compensation

A victim of an on-the-job injury has a right to have all his medical bills, out-of-pocket expenses, and about two thirds of his lost wages compensated. Pain and suffering compensation is not included in workers' comp benefits. If an employee can't work and is permanently disabled, workers' comp will pay out a lump sum settlement.

The same applies if the worker dies as a result of job-acquired mesothelioma cancer. In this case, the family of the deceased worker is entitled to the lump sum settlement paid by workers' comp.

Wrongful death

Wrongful death claims arise when an individual is exposed to asbestos, contracts mesothelioma, and dies. Wrongful death claims can also be product liability and medical malpractice claims. The court determines who will receive the monetary award, usually a surviving spouse or close family members.

Contributory Negligence

Some products are still manufactured today that legally contain asbestos. These include brake pads, flooring materials, and chemical pipes. A victim of mesothelioma may be barred from filing an injury claim if the manufacturer, retailer, or employer makes clear that asbestos is present in a product, and mandates specific safety measures to follow when using it.

When someone ignores the safety notifications, and handles the product anyway, he or she may be prevented from filing a mesothelioma claim.

A good example is when a worker handling asbestos fails to follow the manufacturer's clear notification to wear protective clothing and a respirator, and later contracts mesothelioma due to inhalation. The worker's own contributory negligence was the reason for their illness, not the negligence of the manufacturer.

Class Actions

A class action lawsuit is when a group of people, through one or more attorneys, file a lawsuit against one or more defendants on behalf of a group of "similarly situated" victims.

State and federal courts have their own procedural rules governing mesothelioma class action lawsuits. The court will review the petition, and if the legal requirements are met, they will certify the lawsuit as a legitimate class action.

You may have the right to "opt in" to a class action suit against the manufacturer, construction company, or other company responsible for your mesothelioma. If you opt in, you won't have to pay any legal fees. All costs are paid in advance by the attorneys representing you and the other members of the class.

When your class action is settled or won at trail, the attorneys will be paid a percentage of the total amount, and the balance will be distributed to you and the other victims.

Case Studies:

Blacksmith Exposed to Asbestos
This case example deals with a blacksmith who worked around metals containing Chrysotile and Amphibole asbestos. His employer knew the materials may have been hazardous, but did not warn employees or provide adequate safety equipment.

Industrial Machine Mechanic
Mesothelioma cancer cases often go undiagnosed for many years, allowing the disease to progress to advanced stages. This case study reviews a lawsuit filed by a man diagnosed with stage 3 peritoneal mesothelioma after 30 years of exposure.

Second-hand Asbestos Exposure
In this case, a woman who worked at a dress factory was exposed to asbestos and tracked the fibers home on her clothes, exposing her sister. Both women eventually developed mesothelioma.

Real life case examples:

Joining Multiple Plaintiffs Into One Trial
In this case, twelve plaintiffs allege their exposure to asbestos over prolonged periods of time resulted in serious bodily injury and death. The defendant company brought several arguments alleging their innocence.

Failure to Notify Insurance Company of Settlement
The surviving spouse of someone who died from mesothelioma cancer will often seek compensation for the wrongful death. In this case, the wife of a deceased man is appealing the denial of his workers' compensation benefits.

Consolidating Multiple Cases
In this case, each plaintiff previously filed a separate lawsuit against the same defendant, and now they want to consolidate their cases. In their respective lawsuits, each plaintiff alleged they contracted mesothelioma while working for the defendant.

Mesothelioma Class Action Suit

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Mesothelioma Class Action Lawsuit are different in other types as they deal with health. With health in mind a judge and/or multiple medical experts would have to find that the group involved with the class action lawsuit would be similar in some way. When similar links are found a ruling would say who could be in the law suit based on facts at hands.

When your done here be sure to visit our Mesothelioma Wiki for a growing database of related information. It’s sure to help you out a ton with the difficult road ahead which doesn’t have to end negative. There are big things for you just around the corner. 90 Essential Nutrients

Mesothelioma Class Action Lawsuit
Many cases related to asbestos never go to trial and are settled. This is even more likely when a group is involved. You will however have less control over the outcome when in a group as the lawyers have to look out for the greater good. This could be one of the biggest down falls when it come to going in with others. In the end many choose to go at it solo for more control and possibly greater outcome.

Due to the extra health variable Mesothelioma Class Action Lawsuits happen less than most others. You chances are more successful is seems when dealing with a state and not a federal entity. Be for going a head it would be in the best interest to try and reach out to any others that could be involved and gain compensations. This would increase the chances of getting something with a law suit and be a heck of a nice thing to do for someone else.

Food for Though
Though getting a big rewards for the effects of asbestos can be an important step, your health is above all else number one on the list of things to do. Check out our post on Mesothelioma Breakthroughs for help with taking steps to live healthier and longer. Many simple things like eating a different foods can dramatically increase health and happiness. Taking the 90 Essential Nutrients is also a must in most situations.

Mesothelioma Attorneys California

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Simmons Hanly Conroy is a national mesothelioma law firm with an office in Los Angeles, California. We devote a high degree of personal attention to every case no matter where it originates. The firm’s California mesothelioma lawyers regularly travel to clients throughout California, as well as the rest of the United States. Call our Los Angeles office at (310) 322-3555 for driving directions or to speak with our experienced California mesothelioma lawyers.

We have represented thousands of families affected by mesothelioma and asbestos-related cancer and have seen the suffering it causes firsthand. Simmons Hanly Conroy is dedicated to giving our clients the respect and attention they deserve, no matter where they live. If you or someone you love has mesothelioma, a California mesothelioma lawyer Survival Rate will come to you.

As a nationwide firm, our asbestos attorneys have the resources and experience necessary to represent individuals and families against large companies in this complex area of litigation. Our firm has recovered over $4 billion in verdicts and settlements for thousands of families affected by mesothelioma and asbestos-related diseases. Our California asbestos attorneys have recovered over $130 million on behalf of mesothelioma and asbestos disease victims located in the state of California alone.*

* Please note that recovery results vary per client. The recovery amounts in each case reflect the specific facts of that case. Further, recovery amounts in past cases are not a guarantee of future results

You should know that California has a unique set of laws that could impact your ability to file a claim. For example, California has statute of limitation laws that restrict the time frame in which mesothelioma victims and family members can file a lawsuit. Rest assured our California mesothelioma lawyers are prepared to help you understand the process for filing a mesothelioma lawsuit and guide you through the legal system. If you’d like to talk to a California mesothelioma lawyer about a potential case, contact Simmons Hanly Conroy today.

If you have mesothelioma or lung cancer due to asbestos exposure, please contact one of our California asbestos attorneys for a free case evaluation.

An Introduction to Asbestos and Mesothelioma in California
The majority of individuals who have been exposed to asbestos encounter the so-called “magic mineral” in their line of work, often due to inadequate safety precautions. Others are exposed to asbestos indirectly when they come in contact with the clothing of a family member involved in a high-risk asbestos occupation.

Asbestos has been widely used in many industrial products including cement, brake linings, roof shingles, flooring products, textiles, and insulation. When microscopic asbestos dust particles becomes airborne, they can be inhaled or swallowed and can cause serious health issues.

Asbestos is a deadly mineral that has been used in thousands of products. When microscopic asbestos fibers are inhaled or ingested, they can cause a number of diseases, including mesothelioma and lung cancer. Of the diseases caused by asbestos, mesothelioma is the most aggressive, attacking the internal lining of the lungs and abdomen. Mesothelioma typically does not develop until decades after the asbestos exposure occurred. Over the past decade, our California asbestos attorneys have represented many clients throughout the state, including families from the following locations:

Anaheim
Berkeley
Burbank
Compton
Fairfield
Fontana
Hollywood
Long Beach
Los Angeles
Modesto
Oakland
Orange County
Pasadena
San Bernardino
San Diego
San Francisco
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Mesothelioma Survival Rates

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One of the most important pieces of information that any newly diagnosed mesothelioma patient wants is the survival rate. A survival rate is based on the percentage of patients who live for specified periods of time following a diagnosis. Using this, doctors come up with a patient’s prognosis, or chance of recovery.

To establish survival rates, doctors look at large pools of patients and identify the median amount of time that most patients live. The rates are an estimate based on research gathered from scores of patients. Generally, the survival rate for asbestos cancer is low, but these statistics say nothing about individual circumstances. Many patients beat the odds and live well beyond the expected survival rates.

Survival rates are based on several criteria:

Type - The three main types of mesothelioma are pleural, peritoneal and pericardial. Pleural is the most common form of this cancer. Up to 80 percent of diagnosed patients have the pleural variety. That means there is more research and funding that goes into pleural asbestos cancer.
Stage - Like other forms of cancer, there are four primary stages for the disease. Stages I and II are known to be less invasive and easier to treat. Stages III and IV are more invasive and difficult to treat. In many cases, asbestos-cancer patients are not diagnosed until the later stages because the disease can grow undetected in the body for decades. One recent study that looked at 131 patients with pleural mesothelioma found that 90 percent with stage I were alive within 12 months of a diagnosis. At the same time, about one-third of the stage IV patients survived as long.
Tumor Cell Type - The histology, or types of cells, involved in a diagnosis is vital to the overall outcome of the disease. There three main types of cells are epithelial, sarcomatoid and biphasic. Of those, epithelial cells are the most uniform and the easiest to treat. Both sarcomatoid and biphasic cells are more erratic, making them difficult to treat.
Patient Gender - Asbestos cancer is known to mostly affect men because most asbestos exposure is occupational. Typically, the jobs where asbestos exposure is prevalent are male-dominated fields, including construction work, mining and industrial work. While there are women who are diagnosed with the disease, they tend to fare better then their male counterparts. Researchers are still trying to understand why women have higher survival rates than men.
Patient's Race - When it comes to any type of cancer, whites are more likely to be diagnosed than blacks or Hispanics. In the case of asbestos cancers, up to 95 percent of diagnosed patients are white.
Patient's Region - States and regions that have a higher population of industrialized areas, especially those with naturally occurring asbestos deposits, have a higher occurrence of asbestos cancer. Overall, Maine has the highest mesothelioma deaths, followed by Wyoming, West Virginia, Pennsylvania, New Jersey and Washington.
What are Survival Rates Used For?

While some patients use survival rates only as a way to measure their overall prognosis, doctors use them for several other clinical reasons as well:

Determine individual treatment plans - Doctors utilize all the individual factors, including type of cancer, stage and tumor cell type, to establish an effective treatment plan. Doctors often look at the patient’s disease and the overall survival rate to design a treatment plan.
Determine the effectiveness of a particular treatment - In looking at new or existing treatments, researchers use survival rates to conclude if the treatment is working.
Determine the number of cancer-free patients after five years - Doctors use the five-year survival rate as a benchmark because cancer has the greatest chance of recurrence in the first five years. A five-year survival rate includes the number of patients who are living five years after a cancer diagnosis.

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The Asbestos Mesothelioma Attorney Lawyer & Law Firm Directory Of The United States OF America
The Asbestos Mesothelioma Attorney Lawyer and Law Firm Directory is dedicated to helping victims of mesothelioma or related asbestos illnesses, quickly find experienced , compassionate and aggressive representation in order to help the victims and their families recover and cope with the lifelong devastation of a mesothelioma diagnosis.

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The Asbestos Mesothelioma Attorney Lawyer and Law Firm Directory is dedicated to helping victims of a mesothelioma or a related asbestos exposure illness quickly find experienced , compassionate and aggressive representation in order to help the victims and their families recover and cope with the lifelong devastation of a mesothelioma diagnosis.