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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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Sunday, September 12, 2010

Mesothelioma Support: Hope That Can Keeps Surviving Mesothelioma Victims Going

Though mesothelioma is a dreaded disease and a serious medical condition that tasks everything surrounding its sufferers but with a lot of hopeful thoughts backed with a very strong desire to live, one can surmount all the major challenges of mesothelioma health problems. The situation immediately after diagnosis is that of a long, painful moment in the lives of most sufferers. However with good spirit, most victims can be coped with the situation. With right mindset, chemistry and thoughts that are full of hope. And presently, mesothelioma treatments like genetherapy, angiogenesis and photodynamic therapy gives the most hope for victims of mesothelioma.
Dear sir or ma, do note that mesothelioma diagnosis is a just condition not the end of the sufferers’ life. It is just the beginning of a new life that needs little adjustment to how the sufferer lives. The most important thing afer diagnosis is hope and anyone with mesothelioma diagnosis needs a good dose of hope for him or her live a more lively and promising life. Hope is crucial to the daily life of a mesothelioma patient. Hope is all that he or she needs for strength.
In today’s world hope and courage to live on usually come from taking stock of ones accomplishments, support from family members, spiritual associations that one belongs to and ones desire to live on. Moreso, new technology in treatment of mesothelioma are coming up and this should give a lot of people suffering from mesothelioma a renewed hope in getting better treatment. For instance recent study conducted, by Dr. Alfonso Catalano of the university of Mache in Italy on mesothelioma have shown that a COX-2 inhibitor called celebrex has been found to halt the growth of mesothelioma cells in a Petri dish, laboratory animals used in the study showed improvement and the survival rate of the mice with mesothelioma improved by 17 days (i.e. from 45days to 62days).
With celebrex and other medical researches going on all over the world, more effective and less expensive means of treating mesothelioma will always be becoming up. So why anybody should lose hope or be thinking of committing suicide? What we all need is strength to move on and this you will get from being hopeful. To galvanize your hope and build your strength, you can always try doing the following:
-Seek help everywhere: It is common knowledge to you and me, that drastic problem deserves drastic solution and mesothelioma is not being an exception.
You need all sorts of help you can get to brave yourself and make yourself strong. Support from other family members comes first and this is the time you need them most. Second is spiritual support. I do not know where you belong but you need the support of your spiritual groups more now and who knows miracle came come from somewhere. You must also seek legal support most especially mesothelioma cancer inducing industries. You need justice and it is through legal advice and support you can get good compensation, when you lay a good claim.
There are lots of aggressive and dedicated mesothelioma lawyers around, find them out and contact them. What about mesothelioma support groups all over the world. These groups can be of great help to you in terms of financial support and getting a good legal claim from companies that chose to ignore or conceal the risks their products have on people’s health. Find these groups out and seek their help in whatever way they can help you.
No matter what is happening to you now, keep the hopes burning. A man is nothing but what he takes himself to be. If you see your health situation as hopeless the result you will get is hopelessness. With lack of hope, how do you expect yourself to have the strength to go through the rigors of mesothelioma treatment? To have any chance of surviving beyond diagnosis and treatment you need a strong and a hopeful heart devoid of negative thinking. This is because positive attitude you keep, will help the body defend itself against the cancer cells and other opportunistic diseases through the immune system.
Furthermore, good spirit will help the body utilize whatever therapy option is being used to treat the disease in your body. Without a good attitude the best treatment option is worthless to the mesothelioma patient but with hope great things can be achieved. A case in point is the experience of Paul Kraus mentioned in some of our articles on mesothelioma posted on this site. Find the stories and read them, you will see what we are talking about hope as being the in thing.

3 Easy Steps To A Good Mesothelioma Compensation Award


To anyone who has just received the devastating news of mesothelioma diagnosed the result can be devastating and hopeless to the victim concerned and every member of him/her family. This, thus call for one to look for all manners of help one can get to live a better life after the diagnosis. Extensive wealth of experiences on mesothelioma compensation claims has made experienced people on mesothelioma cancer compensation claim to be aware that it is essential for victims to look for the best legal service and to ensure that such service is delivered with sensitivity while taking into consideration knowledge of the support that will be needed in the months ahead in the mesothelioma legal battle.

In case you do not know, mesothelioma is a form of cancer that most commonly affects the lining of the lung called pleural, the lining of the abdomen called peritoneum, the lining of the heart called pericardium and the lining of other internal organs that may also be affected. Exposure to asbestos is the only known cause of mesothelioma and this exposure usually occur at the workplace. Handling mesothelioma cases requires expertise and sensitivity to the plight of the victims concerned. One of the conditions that must be proved by victims is that the genesis of their health problem is due to the negligence of the company they had worked or working with that had failed to protect them. What matter most is that, there must be room to prove that the company being pressed for compensation is responsible for their health problem. This is the common policy all around the world.  

Unfortunately, to establish this link is not enough to get compensation but you also need the services of a good law firm with experienced lawyers in mesothelioma or asbestosis lawsuits. Who will be able to make a water tight submission on your case before the jury and counter whatever arguments the defendants’ party is coming up with in attempt to convince the court to throw away the mesothelioma compensation claim. But, if poorly handled your desire to get compensation might become a nightmare and worsen your situation.

How Children, Wives & Other Relatives of Mesothelioma Victims Contracted Mesothelioma

As deadly as mesothelioma is on the life of whoever affected so also it continued to torment the children and wives victims of mesothelioma left behind, after they long gone to their graves. Many patients of mesothelioma unknowing also exposed their loved ones to cancer inducing asbestos dust and fibres through the settlements of those substances on their clothing which they take home every night from their workplaces.
One case in point is that of a woman who got mesothelioma as a result of taking care of her husband laundry needs. At the age of 42years Kathleen, a housewife was diagnosed of mesothelioma as a result of her exposure to asbestos from her laundering of her husband clothing who worked as a carpenter everyday at his place of work.

She complained of shortness breath, chest pains and she went to the hospital. After many test and diagnosis, she was confirmed a mesothelioma sufferer.She was devastated by that medical revelation. How will she cope with paying for her treatment, and maternal responsibilities to her children to be precise, more so the prospect of paying her huge medical expenses coupled with the footing of her two daughters’ school bills. The burden of Kathleen medical condition was too heavy for Kathleen and her family to bear.

The more harrowing part of her story was that she did not contract the disease as a result of her reckless lifestyle. She never smoked when she was young. That was how Kathleen started out on long difficult journey into her mesothelioma treatment.
Other victims of asbestos exposure are children of mesothelioma sufferers who got the disease as a result of helping their mother with the laundry of their fathers clothing. One of such people is Jane. Jane a housewife became a mesothelioma victim because her father worked as an asbestos installer in a shipyard, installing asbestos insulation. Jane’s father came home every evening with asbestos dust all over him and Jane with other siblings ignorantly played with their father’s clothes in the damper.

This daily exposure to asbestos made everybody mesothelioma sufferers as a result of asbestos dust inhaled. After 27 years of working in an environment full of asbestos dust and no effort was made by his father’s employer to provide respirators that will protect the workers’ lungs even though the risks of asbestos was becoming known to everyone working in asbestos related environment. According to Jane, no shower or locker room was provided which would have reduced the risks and hazards pose to human health in these workplaces. Her father died in 1971 of mesothelioma related illness.

Jane’s eventful journey into mesothelioma problems began one day. She was busy with her household cores when mesothelioma symptoms suddenly struck her. She had problem breathing and she went to the hospital for treatment. She was first diagnosed of pneumonia but further tests and chest x-ray revealed that she has malignant mesothelioma. Jane became worried about her younger brothers and sisters whom health conditions. A nine and half hours surgery was later carried out on her to remove her left lung and from that surgery she was positively diagnosed with malignant diffuse mesothelioma. After she was diagnosed of mesothelioma and she realized how she got the disease.

Another unfortunate story is that of a woman who also got asbestos exposure through the laundering of her husband clothing. She was diagnosis after her husband who was confirmed mesothelioma sufferer fifteen years was treated for the disease. The housewife unlike her husband, who survives the treatment, died a month after she was diagnosed of mesothelioma.

How Mesothelioma Cases Are Won By Mesothelioma Attorneys

One example of mesothelioma claim that has been successfully decided in favour of a victim is that of Charles Cochran 67, a US citizen who was a former shipyard worker. His exposure to asbestos was established and was awarded about ₤ 150,000 as compensation through the legal support of Thomson Solicitors, one of the experienced mesothelioma law firms in the US. The former shipyard worker was settled within four months of filing his case by his legal counsel. According to his attorney’s submission, Charles began his working career as a 16 year old, apprentice boy at Walker Naval Yard.

He had repeated exposure to asbestos used by shipyard contractors and being a minor he never did anything to protect himself from the harmful effects of asbestos dust neither was he ever warned that exposure to the substance was dangerous. Charles in his evidence remembered vividly how he played football in asbestos field with his workmates during their brake time. The man who is happily married to Beryl, has three children, four step children and 15 grandchildren in 2007 was diagnosed of mesothelioma after going to see his to complain about symptoms he considered to be that of flu.

Reacting to the judgment, the obviously pleased Charles Cochran said: “This compensation is not going to bring my health back. But it will make sure my life will be looked after. It’s a big relief for me to know that”. In his own words, the representative of Thomson Solictors, Andreo Venn also shed light on the mesothelioma and other asbestos related problems and advised victims on the need for them and their families’ members to obtain proper compensation quickly from the insurers of the companies who caused the problems for them. You can also employ the service of Thomson Solicitors or other competent law firms in your area if you are a victim of mesothelioma or someone very close to you is and live in the US. This law firm will file a personal injury compensation claim for you and will only charge the company responsible for the injury for their legal fees, this ensure that the entire procedure is cost free for the victim of mesothelioma.

Another mesothelioma compensation claim that has been successfully decided also is that of Rogers who was also diagnosed for mesothelioma in 2007. With the help of mesothelioma legal experts at Irwin Mitchell, Rogers fought a successful legal battle against the company for which he worked in the 1970s. He received a good compensation to cater for himself and his entire family.  Irwin Mitchell is another law firm you can use to fight for your mesothelioma claims. They are competent and have experienced in the field. Their legal service is also free of charge to the mesothelioma victims like other mesothelioma attorneys.

Origin & Prognosis of Peritoneum Mesothelioma

Many medical evidence and case studies have helped revealed how asbestos, the discovery of the 19th century, has brought problems and difficulties to the lives of many people that had had early unprotected exposure to it. There are two known ways to which people got asbestos exposure that lead to the growth of peritoneum mesothelioma tumors in the body. One of the medical findings on peritoneum cancer have shown that the process of its growth and development normally begins with the ingestion of asbestos fibres and with time, these fibres move through the digestive organs into the peritoneal membrane where they established themselves and start to develop gradually over the time unnoticed and undetected. While the second medical research result showed that the fibre are inhaled through the nostrils and work their way to the peritoneal membrane through the lymphatic system.
The only medically explainable ways which most peritoneum mesothelioma sufferers got themselves exposed to asbestos components that cause the disease are the two ways mentioned above. As days roll into weeks, months and years, the fibres stay in the body of the victim the body is not able to expel it. The fibres will later become trapped in the body’s peritonea membrane. As years roll into decades, the fibres causes some changes in the mesothelial cells of the peritoneum. While no one is certain about how asbestos fibres cause changes in the mesothelioma cells, one medical theory has it that asbestos fibres cause long-term inflammation and irritation that cause mesothelial cells to become cancerous and when this happens the cancer infection made the cells to loose their power to regulate and control the rate at which the cells in the mesothelial membrane tissues divide and grow in the abdominal cavity.
Overtime, the cancerous mesothelial cells divide and grow without control and this lack of regulation of cells division and growth that leads to the thickening of the peritoneum and the build-up of fluid in the peritoneal layers. As the cancerous cells continue to grow tumors are forms which will also continue to grow until it becomes so large that it starts to displace and exert increasing pressure on the organs in the abdominal cavity. This internal pressure due to uncontrollable cells division and fluid build-up in the body of the victims lead to discomfort and symptoms that will later lead the victim to seek for medical help. Initially, most doctor swill concentrate on treating the symptoms but lack of improvement in the patient’s health condition will lead to thorough medical tests and diagnosis of the patient which will later show peritoneum mesothelioma tumor in the abdominal cavity.

How is Mesothelioma Contracted By Mesothelioma Victims

Mesothelioma is a deadly cancer caused by breathing in or ingesting of asbestos dust by the victims. Mesothelioma affects approximately four times more men than women. This is because most exposure to asbestos dust happens in the workplaces where more men than women are employed such as the shipyards, asbestos mining sites, power stations, building sites, railway workshops, asbestos mills and other manufacturing factories around the world. Unlike other asbestos induced health problems, mesothelioma may also develop with relatively low levels of exposure to asbestos dust such as when exposure happens within a relatively short period of time.

For instance, women who contracted mesothelioma got it through contact with asbestos during the laundry of the work overalls, boots and other workplace clothes of their male relatives who work with asbestos. However, some women who had been directly exposed to it either at work or by living very close to a factory which pollutes the air around them by releasing asbestos dusts into the environment.

What is asbestos all about?
Asbestos is a naturally occurring mineral that was initially mined and used by the Ancient Greeks and the Roman. At the turn of the 19th century it is commercial became increasingly popular due to its resistance to heat, electricity and chemical damage, together with its ability to absorb sound. For those reasons mentioned, asbestos was widely used in the building construction as additive to cement as well as brake in the automobile industry and in the engineering works as pipes and boilers (insulator) lagging. Asbestos had been in use since its fire resistant power had been discovered. Thus asbestos played a prominent role during the second world of 1945 as it was widely in use then and until 1999 when it was banned asbestos was still in use in the UK.

Who Are More At Risk of Contracting Mesothelioma?
Due to the nature of their works, workers in the following professional occupation are more prone to asbestosis, mesothelioma and other asbestos fibres induced health problems. These professional occupations are: 

Boilermakers and laggers, electricians (Who cut or drill through asbestos insulation to install cable trays), joiners, carpenter and builders (through sawing, drilling and fixing or replacing of asbestos cement board normally used in wall partitioning, suspended ceilings flooring, roof tiles and thermal insulation), motor mechanics (through contact with brake pads and clutches), pipe fitters and plumbers (through installation, maintenance/repairs of pipes, boilers and heating systems (These people by cutting and drilling through walls of asbestos along with the cutting and assemblage of pipes section with asbestos insulator lagging, removing and replacing damaged sections of pipes, valves, and flanges expose themselves to asbestos dusts released into the air during that actions), fire fighters, teachers, police officers, managers and professors among others.

5 Ways To Cope With Peritoneum Mesothelioma

It is no new anymore these days that mesothelioma is a deadly form of cancer that gives most of its sufferers less than two years prognosis. It is a terrible disease that comes to torment its victims 30 or 40 years after contracting it. It is one disease that takes many years to come to the sufferers’ notice after which it has taken over the control of the victim’s health and lifestyle. One form of mesothelioma that is making life difficult for many people today is peritoneum mesothelioma. Peritoneum mesothelioma is a relatively uncommon form of malignant mesothelioma which is slightly less than 30% of mesothelioma cases are diagnosed peritoneum mesothelioma. It is mesothelioma tumors that are found in the peritoneal cavity area (i.e. in the tummy of a mesothelioma sufferer). Peritoneum mesothelioma develops in the abdomen among the mesothelial cells that form the membranous layer called peritoneum. Mesothelioma of the abdomen like every other mesothelioma is caused by prolonged exposure to asbestos dust or fibre. Once inhaled or ingested asbestos can affect many body organs, such as lungs, throat, heart, testicles and heart, depending on the health of the victim, Mesothelioma start to develop when asbestos dusts or fibres find their way into the body and lodged itself in the spaces between the mesothelial cells of the body.
As times goes on the asbestos dust will travel into the peritoneal layers where they cause inflammation and irritation as a result of development of cancerous cells. The cancerous cells then cause the thickening of the peritoneum and fluid build-up in the peritoneal layers. These cancerous cells will continue to divide. The abnormal cells caused by membrane thickening in the peritoneum, fluid build and tumors growth put pressure on the internal organs in the abdomen of the victims. The pressure on the internal organs in the abdominal cavity will then result to the following symptoms, among which are swelling and pains in the abdomen (due to growth of lumps under the skin of the abdomen or swelling in the abdominal area), diarrhea, constipation, changes in bowel habits and movements, night sweats, fever during the night, weight loss, nausea, fatigue, obstruction of the small or large intestine, anemia, vomiting and other.
Once all these symptoms are noticed oncologist (cancer specialists) will order many tests but if the patient did not go to a cancer specialist, his or her doctor may be treating other diseases that shared close symptoms with mesothelioma like pneumonia, tuberculosis and others. Among the tests which an oncologist will put the patient through is x-rays, which is the most commonly used by doctors to scan and properly diagnose peritoneal mesothelioma. X-rays test is recommended until the doctor has thoroughly looked into the patient’s medical history and physical fitness. He can then follow that with advanced testing tools such as image, fluid and tissues tests. Image test always contain x-rays MRI and CT scan. These two are used to detect any abnormalities in the body.
From the result of all these tests if any abnormality is noticed, a biopsy operation is usually conducted to know if the cancer involved is mesothelioma or not. Tissue biopsy is a minor surgical procedure that is carried out by oncologists to remove fluid build-up and abdominal tissue growth from the peritoneum. The biopsy fluid and tissue will then be taken to the laboratory for analysis to determine whether the fluid up and tissue growth are present as a result of mesothelioma cells or other cancer cells. These test will also help the doctor determine how advanced the disease has progress and this information will help the doctor determine the mesothelioma treatment option to be administered on the patient.
Once the test confirmed that the patient has mesothelioma, a treatment option plan is then discussed by the doctor and his patient. As with every cancer, treating peritoneum mesothelioma can be a very difficult to do, simply because as at the point the symptoms of it are coming up and manifesting the cancer has progressed to the later stages of its development making it a difficult health problem to deal with. Presently, no known cure exist for mesothelioma and other cancer types yet. What most doctors treating peritoneum mesothelioma do is to recommend treatment that will help patients to combat the disease, reduce pains and discomfort in the life of the patient suffering from peritoneum mesothelioma tumors.
To achieve this aim, doctors treating mesothelioma usually recommend chemotherapy, radiation and surgery options depending on the level of development of the cancer in the body of the patient. Radiation and chemotherapy options are used mainly by oncologists (cancer specialist doctors) to target and kill cancerous cells rapidly diving and multiplying in the body of the victims. Since there is no known cure yet for mesothelioma, victims on their own choice may put themselves into a combination of therapy which may include participation in clinical trials that are mainly aimed at alleviating pain, reduce body discomfort and improve quality of life of sufferers and that of their household. On the other hand, palliative treatment is usually recommended for patients who have their mesothelioma spread too much in the body or are too weak for stressful treatment like surgery.
Of all chemotherapeutic options, intra peritoneal chemotherapy is one existing effective form of peritoneum mesothelioma treatment. This is a situation whereby some medications are prescribed for the patient to be injected directly into the peritoneum immediately after surgery to remove cancer cells from the body. In some patients however, radiation therapy is usually given before surgery to help shrink the cancer tumors. Unfortunately, many mesothelioma sufferers are not recommended for surgery because their cancer has spread to a larger part of the body or because the patient’s health is too poor and weak for the rigours of surgery.
 So many factors affect the possibility of carrying out surgery on a peritoneum mesothelioma patient among which are the stage of the cancer, other medical condition the patient may have and the patient’s general fitness. For many patients, this cancer symptoms usually come up when the disease has spread to larger parts of the body making peritoneal mesothelioma surgery called perconectomy(This is always aimed at removing the part of the peritoneum(the lining of the abdomen) which the mesothelioma is growing to control peritoneum mesothelioma symptoms) virtually impossible and risky for treatment option.

Other Financial Resources for Mesothelioma Victims in The USA

Additionally, your attorneys can also help you claim other financial benefits such as state benefits that you are eligible for. This will must be done as soon as possible by your lawyer. In the USA for instance there are several state benefits you can claim among which are: Industrial injuries disablement benefit and pneumoconiosis (worker’s compensation Act 1979) payment among others.

Industrial Injuries Disablement Benefit: In the search for money to support yourself and your family you can also consider applying for Industrial Injuries Disablement Benefit (IIDB). Presently, IIDB is paid when the exposure occurred in the workplace, though this claim policy may change in future but that is the condition that qualifies a victim in the USA for this benefit. Another advantage of this benefit is that IIDB can be claimed even if there are no national insurance contributions by the victim. IIDB is payable from the onset of the illness and can be backdated thirteen weeks from the day of your application.

Unfortunately, if you were exposed to asbestos as a member of HM armed forces you cannot apply for IIDB as a special package has been provided specially by the government through Disablement Pension Scheme. Applications for this are made to either through the Services Personnel and Veterans Agency or The War Pensioners Welfare Service. Another good thing in this benefit application is that, the rules guiding disbursement of IIDB also give room to deceased relatives to lay claim. That is to say, if a family member died as a result of mesothelioma you may still be able to claim compensation within 12 months of the date of death. That is if the appointed person apply within that time for the claim and receive the claim within 6 months of putting across the benefit claim.

As for Pneumoconiosis (Worker’s Compensation Act 1979) Payment: This benefit can equally be applied for if there has been award of IIDB, and the employer that exposed you to asbestos fibres have ceased trading and for this reason, you are not able to press a charge against them. Based on the foregoing, you are qualified to apply for a one off -payment under this scheme (Pneumoconiosis Payment Worker’s Compensation Act of 1979.) The amount paid in the case of mesothelioma is usually determined by the victim’s age. To have a good chance of putting your claim through under this act, the application should be made as soon as you can. The good news in this benefit application,  is that you can file this along side IIDB claim if you want to apply for the two at the same time.

While all these stated means of seeking financial support must not be all, you can also look for funding support and allowances from the following sources: Reduced earnings allowance, constant attendance allowance, exceptionally severe disablement allowance, incapacity allowance, income support or pension credit, housing benefit and council tax benefit, care-provider’s allowance, home responsibility protection, bereavement benefits and child tax credit, working tax credit among others.

Mesothelioma Treatment Options: 6 Ways To Battle Mesothelioma Tumors

As said repeatedly, mesothelioma is a terrible disease that is very difficult to treat. Presently it is better to prevent mesothelioma rather than treat it. Mesothelioma is an aggressive and stubborn form of cancer which the sufferers and their families may have a difficulty in making a choice about treatment. This is because the treatment program for mesothelioma hangs on several factors among which are: the stage of the mesothelioma, its location in the body, how far it has spread in the body, image of the cancer cells under microscope, the patient’s age and treatment desires. Because of technological advancement more and more options are steadily coming up for patients to choose from.

Today, many means of accurately diagnosing the disease is now available among which are x-rays, CT scan, biopsies and MRIs. These tests will help doctor determine the best treatment that will meet the treatment need of each patient. There are many treatment options available today which are mainly focuses on destroying the cancer cells and preserving the healthy ones. Patients and their doctors presently have three major treatment options on ground namely chemotherapy, surgery and radiation, others are alternative therapies.

During treatment, the kind of option which will be recommended for a mesothelioma sufferer depends on the following factors:

1. Mesothelioma type

2. The location of mesothelioma tumor

3. The tumor size

4. The cancer cells metastases or their spread

5. Is the cancer benign, advanced etc

6. The age of the mesothelioma sufferers

7. The general health of the patient

Those factors above not withstanding, before any treatment option is decide on any mesothelioma patient must see a variety of doctors and specialists. He must see a cancer specialist called oncologist, radiologist and pulmonologist (i.e. lung cancer expert). Thorough tests must be conducted to determine the best treatment option and when that is done any one of the following treatment options can be recommended by the doctor.

Surgery: This is usually recommended for palliative reasons or to cure the disease in an effort to keep the victim of the disease alive and to ease the patient body discomfort or to improve the quality of life of the patient. Surgery is not always recommended because when most mesothelioma is diagnosed the disease would have reached its advanced stages which make the surgery a difficult curative option

But as means of diagnosing mesothelioma at earlier stage becomes available, surgery will becomes more of an option in the future and this will make it possible for doctors to cut off the cancer and other infected tissue in the area in an effort to help control the spread of the disease. Another surgical procedure that is also been used by oncologists to deal with mesothelioma is thoracentesis. This surgical option removes fluid from the lungs by means of a thin needle. Another surgical option that is sometimes used for mesothelioma patients is pleurectomy. Pleurectomy is a surgical action which removes the pleura, the lining tissues of the lung and can help reduce fluid build-up as well as lessen pain and the patient breathing difficulties of the patient.

Chemotherapy: This is a combination drugs put together by doctors to help patients of mesothelioma get relief from many symptoms of mesothelioma. Chemotherapy provides no cure for the disease but as technology advancement continues to happen and scientists continue to study the effects of different drug combinations on mesothelioma tumor, one day chemotherapy drugs may start to help extend the life of mesothelioma patients. The commonly prescribed chemotherapy drugs today are combination of Alimta and cisplatin. Other drugs are also often used, depending on the health needs of the patient involved. On the other hand, to help control the side effects of the chemo drugs, other drugs are given to the patients to deal with nausea and vomiting. Vitamins are also included to help replace the essential ones lost during the treatment. Many patients unfortunately do pull out of chemotherapy when the side effects becomes too severe for them tolerate.

Radiotherapy. Radiation therapy (radiotherapy) is commonly recommended if the patient health is too weak to undergo surgery or chemotherapy. Radiation is more tolerated by mesothelioma sufferers’ bodies and more so it has fewer side effects. Radiation therapy involves radiation from a machine outside the body of the patient directly aimed at the affected areas in the patient’s body. These are so many radiation therapy options available to mesothelioma victims among which are external beam radiation and branchy-therapy.

Mesothelioma sufferers prefer external beam radiation therapy for palliative purposes and to reduce breathing difficulties, pains, bleeding and swallowing problems. It rarely has much impact on mesothelioma tumors. External beam radiation therapy can also be used in conjunction with surgery. This radiation therapy is normally carried out everyday of the week up to five weeks in a row non-stop. Branchytherapy puts radioactive material directly in the lung or the abdomen of the mesothelioma patients but because of its side effects and risks involved it’s rarely prescribed for mesothelioma treatment.

Alternative Therapy. Recent efforts aimed at helping mesothelioma patients burden cope with the mesothelioma had brought about new focus to the problem of mesothelioma. Alternative therapies in the treatment of mesothelioma, are emerging treatment options for the disease or symptoms that are not use in the conventional healthcare given to patients of mesothelioma. Alternative therapies for mesothelioma combine many treatment options among which may be the use of vitamins, herbs, acupuncture, massage and hypnosis among others. Alternative therapies are widely becoming an important option in the treatment of mesothelioma, based on what Paul Kraus, an author and a mesothelioma sufferer for many years wrote in his book titled:

Surviving Mesothelioma and Other Cancers: A Patient’s Guide. In that book Paul Kraus who was given a prognosis of less than one year to live but after using a variety of complementary treatment modalities. He has continued to outlive his prognosis and the book he wrote was about his experience with mesothelioma. In the book, Kraus explained his philosophy about healing and how he has used integrative medicine to help himself manage mesothelioma burdens.

6 Things Every Mesothelioma Victims Must Do To Get A Good Compensation Claim

Do you want to know how you can get a good mesothelioma compensation claim? Are you seeking information on mesothelioma legal advice and explanations on medical questions you might have. What you really need is a specialist lawyer who specializes on occupational disease litigation and who will be able to take you through more specific questions and advice on making a mesothelioma claim. Specialist asbestos lawyers have experience of these claims as well as other asbestos related claims and the lawyer will be able to spend quality time helping you get to the root of your mesothelioma or asbestosis health problem.

As you must have known by now that, brief introduction, mesothelioma cancer is the cancer of the lung or abdomen caused by earlier exposure to asbestos some years before say 14–50 years. Mesothelioma is caused by any dose of asbestos big or small but all the same, an idea of when you had contact with asbestos fibres is a good start in putting up a good legal battle. Even if you cannot remember where and when this contact takes placed, it is still important for you to seek legal advice straight away if you have been diagnosed for mesothelioma, it is pertinent for you to reach out to specialist lawyers who normally will come out to see you wherever you are. 

By taking mesothelioma legal advice as soon as you are diagnosed of mesothelioma you will be increasing your chances of securing a good compensation. This is because compensation is only paid when the blame for your disease is fought within two years of diagnosis. Your mesothelioma lawyer through discussion with you will gather information and provide advice. The discussion with your lawyers will cover your whole work history, how you had contact with asbestos, the symptoms you have noticed and treatment you are taking. This information is important as it is the basis of your mesothelioma claim on your past employers.

When the lawyers come around they will discuss with you the time when you became exposed to asbestos. They will also discuss other relevant issues. This is necessary because when it is time to make a claim, the attorney will be able to handle any aspect of your claim and will be able to guide you through not just the compensation process but through others like claiming benefits. The mesothelioma legal battle specialist will explain to you the special rules which apply to these compensation claims that may be of help to you. Do not worry about whether you remember all your employers over the years as your lawyer can help you obtain a list of them from the Inland Revenue. Moreso, compensation is claimed can be obtained from the insurers of the company or companies who are at fault for allowing you to come into such exposure with asbestos. Often these culprit companies ceased to exist a long time ago but compensation usually come from the insurers who had insured these company then and most mesothelioma law firms have their own database to help trace those insurers as well as contacts that will help to find them.

Furthermore, your mesothelioma legal counsel will also discuss the funding of your claim and as said before often this is done by way of a conditional fee agreement often called no win no fee. This no win no fee agreement immunes you from paying any costs out of your pocket at any stage of the legal battle or from paying out of your compensation as cost are dealt with separately at the end of the claim.

What Can A Mesothelioma Victim Claim Compensation for
Compensation awarded to victims of mesothelioma usually represents different elements in the daily up keeping of the sufferer and his family members and some of the include:
The illness itself
Loss of income or revenue
Items purchase regularly by the plaintiff as a result of the disease such as food, mobility aid, and dependent up-keeping
Losses to other family member
Traveling expenses to hospital during medical appointments and others

Following this, your lawyer will then prepare your statement and apply for your medical records as well as working on locating the parties to be blamed for your health problem and their insurers. To prepare a legal medical document as soon as it is possible, your legal counsel will contact an independent chest physician or consultant to prepare a medical report which is needed for your legal claim documents. Furthermore, the lawyer will also help you fill and file your benefit application forms. After filing the benefit application forms, the lawyer will send the application to the appropriate office and ensure that you hear from them within a reasonable time frame. At this time also the law firm will contact the insurers of the companies responsible for the mesothelioma problem by putting his/her client’s claim profile across to them and ask them if they are willing to pay compensation or not.

After contacting the insurers and a medical report is obtained with enough information gathered to press for claims, the lawyer will issue a court proceeding by sending the formal court documents detailing your claim, to the court and the defendants. To this, the defendants have a set period of time to give their legal response by sending their defense to the court. In the defense, the defendants will state what parts of the claim are admitted or denied with reasons given for the claims that are denied.

With this defendants position, the victim’s your lawyer will narrow down the extent of what needs to be proven by them in your claim. On the other hand, after the court receives the defense position on the mesothelioma claims the court will start to administer the procedure of the court on the case by sending a timetable for the evidence and other details on the list of losses and expenses will be cross examined as well as confirming when the final hearing or trial will begin. To speed up the court proceedings on the matter, there are laid down rules on how a court should handles mesothelioma claim, hence each case is considered separately by the court and your lawyers must report back to you what will happen in the next court appearance on the case.

However, one important factor which must not be overlooked here is the possibility of reaching a settlement before the commencement of court proceedings. Therefore, once your attorney has issued court proceedings, most cases are settled without the need to go to the final hearing. This means that the chances of you having to even go to court may not be needed. Normally your lawyer should begin negotiations before the issue of court proceeding by putting settlement offers to the defendants. The normal practice in the industry is that, in most mesothelioma legal battles, negotiation and compromise are easily reached after legal proceedings have been filed in a law court.

In other words, the possibility of having to go to court remains small but when dealing with a stubborn insurance company however, this may not be so.  Court action is therefore necessary to put pressure on the defendants to force a settlement to speed up the process of the mesothelioma claim. Based on the above factor, the defendants is then in a position to make offers to settle your claim at any time before or after the issue of court proceedings. Whatever offer the defense is coming up with will then be carefully considered with you by your lawyer and when an agreement is reached the case will be closed.

The Definition of Mesothelioma: The Bold Truths of Asbestos Induced Cancers

Mesothelioma is a medical condition in which an x-ray graph of the affected person shows malignant tumor mesothelium. The mesothelium is the thin lining on the surface of the body cavities and the organs found within them. Mesothelioma is an uncommon form of cancer which a high number of cases have been diagnosed in the asbestos mining region of South Africa, USA, Australia, Canada, UK and the rest of the world. The majority of people with mesothelioma have history of job that exposed them to asbestos, which was widely in as insulation material in the early twentieth century.
Most mesothelioma problem begins as a small or several nodules that progressively grow to become a solid coating of tumor surrounding the lung, abdominal organs and the heart. It starts with the inhaling or ingestion of asbestos fibres which travel their way through the lung and the body before they finally settled on the mesothelial linings. Mesothelioma is a disease of the chest cavity. Its commonly occurs in the chest cavity which up to 90% is normally associated with asbestos exposure. The asbestos fibres that are inhaled through the nostrils quickly walk their way through the lung tissue and into the pleural (chest) cavity. On the other hand asbestos fibres that are swallowed through the mouth have been proved to have penetrated the walls of the intestines and appear in the abdominal (peritoneal) cavity.
Mesothelioma risk increases with intensity and duration of exposure to asbestos fibres but typically does not occur for 20 to 50years after the exposure to asbestos dusts or fibres. Mesothelioma is presently difficult to treat in most cases and survival beyond two years is unusual and rare though there are many exceptions to this common phenomenon.
Studies on mesothelioma form of cancer started in South Africa when an epidemic of it began in 1950s and 1960s among the asbestos mine workers in that country. The high numbers of people showing the same set of symptoms led researchers to investigate the link between asbestos hails exposure and the possibility of contracting mesothelioma. Unfortunately, the delay between asbestos exposure and the first symptoms of mesothelioma and makes things difficult for researchers. The study of the relationship between mesothelioma and asbestos becomes more difficult and complicated by politics at the time of investigation.
The powerful persons behind asbestos mines in those days did not want established evidence that linked asbestos to mesothelioma lung cancer. But in 1962, the first scientific study result was published and presented, this study result showed that the inhalation of asbestos (hails or fibres) instigates the growth of malignant pleural mesothelioma and asbestosis.
After the establishment of the causative link between asbestos and mesothelioma susceptibility, little was done to stop asbestos exposure in and around mines. The risks of mesothelioma infection increases with some forms of asbestos, particularly crocidolite fibres and further studies have also shown that there are increasing evidence that mesothiloma can also be caused by elements such as radiation, viruses and man-made mineral fibres but mesothelioma cannot be contacted through smoking.
There are three primary types of malignant mesothelioma: Epitheloid, sarcomatiod and mixed/biphasic mesothelioma. Epitheloid mesothelioma has the best outlook for survival and approximately 50% to 70% of all mesothelioma cases are epitheloid. Sarcomatoid mesothelioma are said to be 7% to 20% cases of mesothelioma diagnosed while mixed/biphasic mesothelioma are 20% to 35% of all mesothelioma cases. Most mesothelioma, about ¾ of all mesothelioma cases begin in the chest cavity and are called pleural mesothelioma. Peritoneal mesothelioma which makes up around 10% to 20%of all cases usually occur in the abdomen through the swallowing of asbestos fibres. Another quite rare and uncommon mesothelioma which affect the pericardial cavity is called pericardium.
According to the American Cancer Society, an estimated two thousand to three thousand new cases of mesothelioma are reported every year in the USA and this number is rising every year. European researchers have also observed that deaths from mesothelioma will peak around the year 2020 and then drop off simply because asbestos use has been drastically reduced since the early 80s. The rise in the number of new cases will happen as a result of maturity of those who have been exposed to asbestos fibres in 1940s to the end of 1970s.
Due to its links to occupations, medical studies have shown that mesothelioma affects men 3 to 5 times more than women. More men are more likely to be affected by the disease than women. Men are more likely to work in asbestos filled workplaces such as mines, navy, shipyard and others, Furthermore, as a result of its long incubation period, mesothelioma is common among people that are 50 to 70years old. Racially, mesothelioma is also not common among African-American as its common among Caucasian Americans.
During diagnosis mesothelioma is usally mistaken for other diseases because of its symptoms which it shares with other lung and abdominal diseases which include shortness of breath, pain in the lower back or at the side of the chest, difficulty in swallowing, cough, fever, fatigue, abdominal pain, weight loss, nausea, vomiting and others. Whenever you notice some of this symptoms in your body and you have worked in asbestos related industry in the past, it is advisable to see a doctor who will recommend various test and medical diagnosis for you. These tests that are normally conducted will include x-ray of the chest and abdomen or imaging tests which is a combination of x-rays, computer tomography (CT scan) or magnetic resonance imaging (MRI). MRI will allow the doctor to visualize the area where the mesothelioma tumor is located.
After diagnosis, treatment follows but there is no cure yet for mesothelioma and all the doctors do is to help sufferers manage pains and discomfort which the victims may be going through. To do this three treatment options that are available now namely: Surgery, Radiotherapy and chemotherapy. Cancer specialists called oncologists, normally conduct thorough medical tests to know which treatment plan will work better for a particular patient when treatment is about to be started. See detailed information on the three treatment options in other articles published on this site.

What is Mesothelioma Settlements?

Have you been diagnosed of mesothelioma and desperately in need of financial support, then you will find this article. Mesothelioma, settlement being the direct result of gross negligence of a number of corporations who knew of the dangers of asbestos, but chose to proceed nonetheless without doing anything to protect their employees. Despite the fact there may be an ethical argument for considering such negligence criminal act, the law in that virtually all industrialized nations like the USA, consider death and injury from asbestos as a personal injury matter (legally refers to as tort) thus making it a matter for civil courts where monetary compensation for medical expenses, lost of income, pain and suffering are remedies can be demanded under the law. Therefore, the agreement that usually arises from the two feuding parties on the issue of mesothelioma is called settlement.



The word settlement means that the parties have settled out of court, either prior to commencement of court proceedings during the trial at some point prior to the judges’ judgment ruling or any time thereafter. The offer of a settlement or the willingness to accept a settlement is often more of a question of power than justice, as the parties to a lawsuit may agree to settle out of court for a number of reasons among which are that the defendant may wish to avoid negative publicity or due to lack of willingness to go on with the expenses of a prolonged lawsuit. However, mesothelioma settlement is only possible thus if the plaintiff’s lawyer advised his client to accept a settlement. Mesothelioma settlement is simply to avoid time wastage, unnecessary expenses, physical and psychological strain which a lengthy legal proceeding can bring on the two parties.



On the other hand, if the defendant offers to settle when the plaintiff’s case is going well this may mean that the defense anticipates that he may lose the case and if this kind of situation comes up, the victim’s attorney may advice his/her client not to accept the offer for settlement and make an attempt to negotiate the highest settlement possible for the plaintiff. In a situation like this, the lawyer can only advise his client on what to do the plaintiff can then act in accordance with the client’s wishes, regardless of what the best course of action may be. If there is no agreement between the lawyer and his client on settlement plan, the lawyer may withdraw as counsel. Once settlement is reached however and the plaintiff has accepts the settlement plan negotiated, it constitutes a contract between the victim and the defendant. This means the plaintiff has agreed not to continue or pursue legal action against the defendant and when settlement has been paid, both parties to the case will file a notice with the court that the case should be discontinued and dismissed. The settlement reached by the parties involved may however carry some restrictions, as most corporations value their public image and will not want the amount paid as settlement revealed to the public. Just to defend themselves against other victims who may want to press charges based on the settlement of the present case, the defendant may also stipulate in their settlement notice to the court that such an agreement and settlement does not constitute an admission of wrongdoing against the claimant and refrain the plaintiff from discussing the case in the public.



How Much Can You Get As Settlement?

Though it is impossible to predict the value of a case since all the facts may not be made public, moreso trial and juries are not all the same and juries can react very differently to the evidence provided by the two parties in feud. One of the difficulties that used to arise therefore during negotiation for settlement is that while medical costs and loss of income are more or less easy to determine, this is not so with non-economic damages like pain and suffering. Moreover, such damages do vary widely from one case to another. Settlement provisions however can be bargain for and proper amount can be reached by the parties involved out of court. Mesothelioma settlement has become a thing of worry to parents of asbestos corporations and their insurers, and as damages awards run into astronomical sums over the past two decades.



The first successful legal proceedings in a mesothelioma case in the USA was that of Clarence Borel vs. Fiberboard Paper Products Corporation and others which was filed in 1969 and ended in 1973 with a posthumous award to the plaintiff estate. In recent years many settlements have also been reached and one of the notable ones is the 2005 case involving a retired 82 year old machinist who became a victim of mesothelioma as result of his exposure to asbestos fibres in his workplace 60 years earlier. The machinist received an award in a California lawsuit when the court in its judgment found the corporate defendant guilty of malice, fraud and suppression of evidence. Another encouraging one is that of Charles Cochran’s, a US citizen who was a former shipyard worker.



His exposure to asbestos was established and was awarded about ₤150,000 as compensation through the legal support of Thomson Solicitors, one of the experienced mesothelioma law firms in the US. The former shipyard worker was settled within four months of filing his case by his legal counsel. According to his attorney’s submission, Charles began his working career as a 16 year old, apprentice boy at Walker Naval Yard. He had repeated exposure to asbestos used by shipyard contractors and being a minor he never did anything to protect himself from the harmful effects of asbestos dust neither was he ever warned that exposure to the substance was dangerous.



Unfortunately, not all settlement claims have been successful as that of a 76 year old man showed. The old man brought action in 2004 against a company in a California. He claimed that his mesothelioma was due to asbestos exposure back in the mid 1950s. The defense counsel for Asbestos Corporation Ltd did a better legal job for the company by countering the claimant’s allegations by convincing the jury that the man’s problem was actually lung cancer brought about by his history of cigarette smoking. Though asbestos is the sole cause of mesothelioma, the defendant counsel admitted but tobacco use, he argued has also long been associated with lung cancer. The jury found the submission of the defendant admissible and the plaintiff receives no compensation. You can see why you need an experienced mesothelioma lawyer to handle your case.



Losing the case does not however mean that the man case was not genuine or lacks legal merit in it but it is most likely that the plaintiff had not gotten his diagnosis from a qualified mesothelioma cancer medical expert. It is therefore important to say here that one of the keys to winning a mesothelioma case convincingly apart from employing the services of an experienced mesothelioma attorney, is to have a good diagnosis as well as expert testimony from cancer specialists during the court proceedings. Nothing should be left to chance, as proving the cause in a personal injury suit is at the heart of your claim and the more sound the evidence and water tight your testimony the stronger your submission thus giving you a better possibility of wining your case in court.

The Secrets of Wining A Good Mesothelioma Wrongful Death Compensation Claim

A wrongful death litigation is the one in which the plaintiff (claimant) brought legal action in a civil law court on behalf of an individual who has died as a result of the negligence of action of another individual or party. This type of lawsuit i.e. wrongful death is usually combined with mesothelioma litigation because most mesothelioma victims never live to see the end of their cases. Therefore advisable for anyone considering mesothelioma litigation to also file wrongful death in case he or she dies before the end of the case in court.



In other words, the reason why mesothelioma wrongful death compensation claims is to compensation for the life of a loved one lost to the disease. The death of a loved one as a result of the disease can be terrible for the family of the victims. The pain even becomes more difficult to bear when the disease and death come as a result of the negligence or action of a third party. However with the help of an experienced mesothelioma wrongful death lawyer, families of individuals who have died can file compensation for the loss they have suffered and the suffering that their loved ones endured before they died, most especially, in the case of mesothelioma, a particularly serious form of lung or abdominal cancer that is always associated with exposure to the dangerous environmental toxin asbestos, often in the workplace environment. It is therefore advisable for families of mesothelioma victims to speak with a qualified mesothelioma lawyer about the compatibility of filing a mesothelioma wrongful death case against the party concerned if the mesothelioma victim has not yet give in to any of those serious diseases died.



How to Go About Your Mesothelioma Wrongful Death Lawsuit 

Since the beginning of the twentieth century, there has been a long history of asbestos related disease litigation with a lengthy court proceedings over lengthy negligence of corporate responsibility by companies that manufactured asbestos or any of those products that placed their employee in direct contact with it. Hence, the family of any individual who has died as a result of mesothelioma as a result of their exposure to asbestos can expect claim compensation through mesothelioma wrongful death lawsuit. To get a good compensation however, it is advisable for whoever wants to make this kind of claim to contact an expert mesothelioma wrongful death lawyer who will tell the victim how a wrongful death lawsuit can provide compensation for the loss s/he has suffered. There are many lawyers in your country that can do this for you and the most fortunate thing in this is that the legal consultations are normally free of charge. It is no win no fee matter.

The Rich & Famous Ones Are Also Mesothelioma Victims

As the list of lives that has been lost to incurable mesothelioma grown, mesothelioma continues to claim more and more lives everyday in the industrialized world most especially in the USA and others. In the USA alone, each year an estimated 2500 to 4000 patients are diagnose of mesothelioma and other asbestos related diseases. Though preventable, the several manufacturing companies who had profited from the sale of asbestos containing products knew the hazards and risks post to human health by the substance but did not do anything to protect their workers respiratory organs from being attack by the cancer inducing substance.

And just as mesothelioma is killing the poor and the helpless, so also has it continued to cause havoc in the lives of rich, successful and notable people all over the world. Among notable people that have died as a result of mesothelioma are: Admiral Zumwalt Jnr (The youngest chief of naval operations, in the history of US Army who became the CNO in 1970 at the age of 49years) and a South African industrialist. We have talked more about these two other articles posted on this site before.

Another prominent US citizen who is also a victim of mesothelioma is Bruce Vento who died of mesothelioma in year 2000. Vento was a US congressman and his widow in an effort immortalize her husband and to support activities toward eradicating the disease set up Hopebuilder Award which is yearly awarded at the MARF symposium to organizations or individuals that have done the most to support mesothelioma research and advocacy.

In Australia, Bernie Benton a workers’ rights activist who fought a long battle to secure compensation from James Hardie when he became diagnosed of mesothelioma after working for the company is also a victim. Though mesothelioma eventually killed him but his brother and many other Jame Hardie workers later got an unannounced settlement from the company when his cancer which has advanced to the final stages left him less than 48 hours to live.

In this category also is Hamilton, the chief of staff during president Jimmy Carter days in the White House. He died of the disease in 2008. Hamilton was a lifelong cancer activist.
Stephen Mcqueen: In December 22, 1979, he was diagnosed with peritoneal mesothelioma. Mcqueen did not had an options of surgery or chemotherapy simply because his doctors felt his cancer was too advanced for such treatment. He left the US for mexico for alternative treatments. He had a cancer surgery but later died of attack on November 7, 1980 in Juarez, Mexico. Mcqueen was said to have gotten his respiratory organs exposed to cancer instigating asbestos while serving in the US marines. During this time asbestos fibre was widely used as insulators in the ships and insulating material in car racing suits.

The music industry is not left out of this sorrow. The industry has also had its own victims of mesothelioma and one of the victims in the industry is Warren Zevon. Zevon, after a long period of untreated illness and pains, the rock and roll, song writer was confirmed with mesothelioma in late 2002. Zevon refused any treatment which he thought might make his situation worse and incapacitated him, instead he focused all his energies on recording his final album which speaks of his failing breath. On September7, 2003 he died at his home in Los Angeles, California.

In the music industry, another mesothelioma sufferer is the Irish singer and song composer, Christie Hennessy. Christie died of mesothelioma in 2007. The mesothelioma problem was said to be due to the younger years of his that has been spent working on building sites in London, United Kingdom.

How To Get A Good Mesothelioma Settlement from Employer

Once a mesothelioma victim has concluded to file a mesothelioma lawsuit he has definitely enter into the possibility of achieving a number of results, which may include a court verdict or an amicable out of court settlement. Court verdicts on mesothelioma cases are often seem to favour the plaintiff, so most mesothelioma cases do not go to trial because most mesothelioma lawyers broker a settlement agreement with opposing counsel and all the parties involved in the lawsuit. Your mesothelioma settlement can be quite substantial given the extent of negligence and or breach of care on the part of employers in mesothelioma case depending on the counsel that negotiates them.

The first step in obtaining justice in a mesothelioma compensation claim is hiring a quality mesothelioma attorney who will help file a lawsuit at the right venue, search for information to back up their claim, keep track of correspondence, do negotiations and do paper works on behalf of the mesothelioma victim. Once you have found a mesothelioma lawyer, your mesothelioma settlement then depend on the facts of your case through and the documentation and evidence which your legal team is able to gather in order to prove your claims in court. Attention to detail and experience on mesothelioma litigation is essential for any mesothelioma lawyer to file a good claim and obtain compensation for his/her client.
As said before, in most mesothelioma cases the opposing party always do not want to undergo the expense and time commitment of complex litigation when they know the victim’s counsel possesses evidence that are likely to be interpreted in the favour of the victim in court. This reality makes opposing party to commence negotiation on the possibility of a mesothelioma settlement. Thus, depending on the victim’s state law governing mesothelioma lawsuit, victims may be able to negotiate a larger mesothelioma settlement.

The mesothelioma attorney will then broker a settlement agreement with opposing counsel. If there is a substantial link between negligent asbestos exposure and the victim’s mesothelioma problem, damages will be calculated accordingly and compensation may include general damages, which cover the pain and suffering associated with mesothelioma as well as special damages, which cover the amount of money the victim has lost due to inability to work, medical expenses and dependant’s responsibility among others. On this the victim’s lawyer will then take the reins on the negotiations, coming to a dollar figure on behalf of the victim that fairly represents the damages the victim has sustained.

Though at the beginning, the process of seeking a mesothelioma settlement can seems arduous and frustrating but hiring that a good mesothelioma lawyer can mean the difference between competent court representations that results in beneficial financial outcomes and confusion and stress that may result, if the lawsuit is badly managed as a result of complex nature and technicality of mesothelioma litigation. The most important thing here is how your legal counsel argues your compensation claim lawsuit.

How Some Victims & Sufferers of Mesothelioma Are Surviving It


Mesothelioma diagnosis brings sadness and pains to many people around the world everyday. In the USA alone, it has been reported that an estimated 3000 Americans alone are affected every year by mesothelioma. The effect of this disease on the people its affects can be felt by each and every one of us in the societies they live. This is because, the people affected are all around us. It could be people we see every morning at coffee shops, it may be the man who repairs your car or the gray haired elderly woman you see in the aisles of the local grocery store, it may be your next door neigbour or close friends of yours.

They are no different than you and I, yet these people are battling each and every day of their lives for their survival. They worked for years to provide for their household needs at the end, life has been unkind to them. The stories of their daily lives are touching, thought provoking and some are inspirational too. We can boldly say here that, while there have been so many casualties of mesothelioma there are also notable survivors as well. The following stories of mesothelioma victims will serve as rays of hope to those who have just been diagnosed and are heartbroken and devastated.

All said and done, being diagnosed with mesothelioma is not the end of it all but with high hope and strong determination to live, one can still live a better life than one can ever imagined, is possible with mesothelioma. What really matters is the victim’s daily attitude. As a support to mesothelioma sufferers, we have found the following stories inspiring and encouraging and we have decided to post them on this site to inspire other victims of mesothelioma.

One story in this case is that of John Smith who had worked as automotive plant manager and was diagnosed of mesothelioma in 2004. Today, John is still living with it. This is John’s story as narrated by him: I was always taught by my parents that to live a successful life, I should be an honest, hard-working and compassionate person, I lived each and every day of my life like this. I began working in the manufacturing plant of a large auto company once I finished with school. I married my wife 40 years ago and always provided for her and my four kids.

We lived a good life, even though we were never wealthy, but comfortable and happy. I worked long hours, 10 to 12 hours a day, 5 to 6 days a week, so that my wife could stay at home and raise our children. I was an honest man who worked his way up to the plant manager. I was fair to my workers, and worked side-by-side with them in each area of the plant. We were dedicated to our company and gave them the best years of our lives. And we were happy to do it. Now, decades later, I am being re-paid in a way I never expected.

It was almost six weeks ago now that I found out I have a very deadly form of cancer called mesothelioma. This has become the worst word in the English language to me and my family. We were devastated to hear the cruel diagnosis after a short period of time when I was having some trouble breathing. It never crossed our minds that I was breathing in deadly asbestos fibers at the workplace where I gave so much of my life, 50 hours or more a week for years.

Each breath I took while at work was contributing to my early death sentence. I felt so betrayed. So, I have now begun my dreaded journey to treat a disease that is said to be incurable. I have already had a pneumonectomy, which consisted of an operation to remove the lung that was infected. The recovery has been tough, but with the support of my family, I am getting through it. The other treatments that I am facing are radiation and chemotherapy. I know that the side effects of these are said to be most unpleasant, but at this point, there really aren’t too many options. I continue to hope for a miracle and try not to let bitterness and anger fester over how this disease began in my body.

I find myself thinking of which day of work it was that I finally took in one too many deadly breaths that pushed my body into a deadly spiral towards this horrible disease. I try to fight these feelings, but sometime I just can’t help the thought of what was done to my body in the quest for profits and a better life for others. I feel so betrayed. But, at least I am alive… That is more than can be said for many others in my position. I have the love and support of my caring wife and family, and the help of friends and associates. Each day is a struggle, but we are getting on. And we will; until the very end.

Stepen Jay Gould is another story of hope worth mentioning here. This man was diagnosed of peritoneal mesothelioma in July 1982. Though normal life expectancy of anybody diagnosed with his type of mesothelioma is typically limited but Gould case was an exception. After he was diagnosed and given a prognosis of two years, Gould wrote an article for Discover Magazine. In the article titled: The Median Isn’t The Message, he argued that the statistics being used as median for mesothelioma survival are just useful abstractions not destiny. Gould lived for another twenty years after his prognosis. Though, he eventually went down of metastatic adenocarcinma of the lung but not mesothelioma.

Paul Kraus story is also an interesting one on hand. This author was diagnosed of peritoneal mesothlioma in July 1997 and was told by his doctor that he had less than a year to live. In an attempt to deal with the situation, Kraus used a variety of complimentary treatments plan and since then, Kruas has continued to outlive his doctor’s prognosis and recently, he wrote an insightful book titled Surviving Mesothelioma and Other Cancers: A Patient Guide. The book consists of his experiences with the deadly cancer. In the book, Kraus made a vivid presentation of his philosophy about healing mesothelioma and the decision he has made in the past that led him to use integrative medical option. Paul Kraus is still alive and active. He is dedicated to the desire of spreading awareness of the disease as well as working with others in developing treatment plan that would be as successful as his own.