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Monday, September 20, 2010

How Mesothelioma Victims & Sufferers Contracted It

One of the problems brought to mankind by civilization and industrialization is mesothelioma. Mesothelioma is a rare and devastating form of cancer which usually manifests itself 30-50 years after exposure to its causative substance called asbestos. Mesothelioma is a deadly disease caused by prolonged exposure to asbestos fibre and it is usually starts its symptomatic health problems after it has taken deep root in the body of its victims. Mesothelioma is a difficult form of cancer to treat or manage and it kills its victim within one or two years of diagnose.

Based on these facts, coping with mesothelioma can be very demanding and strenuous on the victims and their family members. It is one disease that leaves its victims devastated before claiming their lives as you will see in the sections below. No class or group of people is immune to mesothelioma either, as it affects all manners of people; the rich and the poor but the rich tend to live better and longer after diagnose because they can afford the kind of treatment that mesothelioma requires. One string that however connects all those affected by mesothelioma together is how they got themselves exposed to asbestos fibre that causes mesothelioma and its usually be from their working place or as a result of exposure from asbestos dust brought home by their husbands, brothers or sons working in asbestos laden environments, nights after nights.

One group of people that have been generally affected by the disease are those who had worked in the shipyard or as sailor in the past when asbestos was widely used as insulator for ships. One of the people who had contracted mesothelioma through this means is Judge William Forbes. Judge Forbes, who joined the US Army and fought the Second War, was a native of Norfolk Virginia. On his return from the war, he furthered his life career by taking a diploma and later went to the college to study law. As a student in the college, he spent his summer breaks working as an apprentice rigger’s help at the shipyard. Then, he worked in the deep innards of ships which his unit repairs.

During the time he worked inside the ships he had prolonged contact with asbestos fibre which were used as insulators in the ships he worked in then. This exposure to asbestos early in life led to his being diagnosed for malignant mesothelioma. Unaware of the silent killer developing inside him, at graduation, Judge Forbes went to law school and practice law for many years. He later left law practice and ventured into active politics. While in politics, Forbes held many high positions among which made him the first city attorney for the new city of Chesapeake in 1975. He was also the first judge of city of Chesapeake.

Twenty years after he had served as a judge, he had a pain in his shoulder which he initially mistaken for arthritis. He went to the hospital for treatment but the pain refused to go and in 1998 a chest-X ray by a thoracic surgeon showed a large lung tumor. Further tests and diagnosis, confirmed Judge Forbes a mesothelioma patient. When he was told of his health condition, Forbes mind went back 50years to when he worked as apprentice rigger’s help in the deep innards of ships and how he was daily exposed to asbestos fibre. That massive exposure of Judge Forbes to asbestos fibre in the insulation that lined the vessels piping coupled with the heat inside the ships led to his death that same year.

Another group of people commonly diagnosed of the disease are naval men and women. Many naval officers have suffered as a result of mesothelioma. Between 1970 and 1979, it is estimated that more than 20,000 (twenty thousand) tradesmen died as a result of asbestos exposure while many more of them who became debilitated were forced to stop working by taking disability or early retirement. During this time also, the Sinai School of medicine in New York, reported that asbestos related deaths either from asbestos or mesothelioma grew by 47% from approximately 1650-2420 per year and notable among naval causalities is Admiral Elmo. R .Zumwalt. Admiral Zumwalt Jnr who was the youngest chief of naval operations (CNO) in history of US Army, became the CNO at the age of 49years in 1970.

He was well known for his concern and efforts to transform the navy. On his watch as the CNO, asbestos related deaths of shipyard workers rose higher while understanding the dangers which asbestos posts to the well-being of his officers and staff, Admiral Zumwalt, vigorously campaigned within the navy and consistently called for the ban of environmentally hazardous chemical agents.

Zumwalt Jnr campaigned for environmental friendly practices in the navy became more intense after the painful death of his son at the prime age of 47. The son who commanded a river boat during the Vietnam war, died as a result of prolonged exposure to agent orange which the armed forces use for vegetation defoliation during the war. The son was later diagnosed of asbestos cancer and the admiral strongly believed his son must have contracted disease through Agent Orange used during the Vietnam War.

As the CNO, Admiral Zumwalt Jnr saw an epidemic of mesothelioma and other asbestos induced diseases. The enormity of the problem fuelled his desire to protect his naval personnel from the risks and hazards of future environmental problems. Thus, Admiral Zumwalt interest in defending the health of his officers grew further, that he gave a passionate grim presentation of health risks facing his men and women at a congressional meeting. He said: “every man and woman who puts on a naval uniform faces possible injury or death in the national interests.

Risk is part of their jobs but it is the responsibility of the US senators to ensure that the risk does not increase unnecessarily.” Unknown to him he has also had exposure to asbestos on many occasions as he also served on many vessels that had asbestos insulation in them. The probability of him contracting mesothelioma increased during the renovation work at the Pentagon, he had his office stationed there, where asbestos dust was constantly stirred up. The admiral CNO was diagnosed of mesothelioma at the age of 78 years and that was thirty years after he served as chief of naval operations.

He discovered the symptoms of mesothelioma after he participated in a road work when he noticed an usual inability to breathe properly. He went to the hospital for treatment and lack of response to treatment led to further tests and a chest-ray diagnosis two month after revealed a large tumor in his lung. Admiral Zumwalt Jnr died of mesothelioma complications six months after he was confirmed a mesothelioma patient at the age of 79years.

Tuesday, September 14, 2010

How To Get A Good Mesothelioma Claim Solicitor

If you have just been diagnosed with mesothelioma or one of your loved ones has just been diagnosed and you are looking for mesothelioma attorney to help you fight a lawsuit against the company that exposed you to asbestos fibres then this article will be helpful to you.  In any mesothelioma what matter most is the ability of the victim to establish a link between his workplace and his health problem and to be able to prove this he needs a sound mesothelioma solicitor who has a wealth of experience on the subject of mesothelioma litigation.

As in all cases, the issue of mesothelioma has becomes more tedious and difficult to prove. Moreso, the time between exposure to asbestos fibres and the onset of symptoms can be decades and occasionally some in excess of 50 years but much shorter periods have been observed particularly in the case of heavy and prolonged asbestos exposure. Claims can be made also on behalf of individuals exposed to asbestos in the workplace as well as in less common situations such as through washing of overalls containing asbestos, working in schools whose fabric contains asbestos or living near factories that manufacture asbestos. It has been medically established that almost any degree of exposure, inhalation or ingestion of asbestos fibre carries with it a risk of contracting an asbestos related disease.

What matter most is that there must be room to prove that the company being pressed for compensation is responsible for your problem that is the common policy around the world. On the other hand a lung cancer, asbestosis or mesothelioma claim will be successful if it can be proved the employer failed to implement a safety precaution at work thereby placing his employees in danger.

To do this convincingly, you need a mesothelioma legal expert who knows the legal knots and the nitty-gritty of mesothelioma claims which defendants may exploit in their desperate moves to get away with their criminal acts. Your attorney must also take cognizance of the time limit for taking legal action for asbestos related disease compensation claims under the limitation Act 1980, if it is the USA. He must take account of the considerable latency period between exposure and appearance of symptoms, the effect of which is that the normal three year period during which a claim must be settled or legal proceedings must be issued in a law court does not start or run until a positive diagnosis has been made or should have been made if the victim had acted with reasonable diligence. In most cases it is incumbent on the sufferer to make enquiries into their condition as soon as possible after the appearance of symptoms and to thereafter take legal advice and issue legal proceedings to preserve the legal right to receive compensation once a positive diagnosis has been confirmed.

Therefore, if you or someone you know has been diagnosed of an asbestos related disease and you want to make an asbestosis or mesothelioma personal injury compensation claim you need to employ the services of qualified legal advice which in most cases is offered at no cost to the victim. This is because mesothelioma solicitors use the risk free, no win no fee scheme to pursue lung cancer, asbestosis or mesothelioma claims and when compensation is paid, it is paid in full with no deductions from the legal firm that handles the case and most times when paid, compensation award usually covers the following:

General damages: This is compensation award is used to decide items of loss that cannot be calculated and require a degree of assessment. This award represents compensation for items of loss that cannot be calculated and require a degree of assessment by the experts concerned. The main item of general damages here is usually the value of the award for the pain and suffering of the illness together with a sum for loss of lifestyle or amenity Apart from all this, there are many other smaller items that qualify to be grouped under this category.

Special damages: This is compensation normally awarded for items that can be calculated with a degree of mathematical accuracy whereby assessment by lawyers or a judge is not necessary. Items that come under special damages category in asbestosis or mesothelioma claims are usually proved by way of documentary evidence like estimates, receipts or invoices. In this special damages claim the main item that is usual common here the loss of wages which normally includes past losses and future losses together with the cost of care and other general expenses.

Interest: Victims can claim this on both general damages and special damages. The calculations are complex and different parameters apply to different types of compensation including different interest rates. Due to the interest factor it is not worthwhile for any insurance company to delay settlement of a lung cancer, asbestosis and mesothelioma compensations claim. 

In a nutshell the legal counsel you are employing for your compensation claim must be an expert on mesothelioma legal cases who knows the nitty-gritty of mesothelioma law and can deliver a good settlement for you. This is not easy to decide on, you must talk to one or more of them before deciding on whom to use.


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