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Articles for 'mesothelioma'

Workers’ Compensation News - March 30, 2003 Volume 1 Issue 4
 ** NJ Unpublished decisions HUDAK v. SCHULLER INTERNATIONAL, INC., Appellate Division, A-2661-01T3, March 25, 2003, not approved for publicati...

 Workers can inadvertently carry hazardous materials home from work on their clothes, skin, hair, tools, and in their vehicles. As a result, families of these workers have been exposed to hazardous substances and have developed various health effects. Health effects have also occurred when the home and the workplace are not distinct -- such as on farms or in homes that involve cottage industries.

US Supreme Court Holds Workers' Fear of Cancer Compensable

The court rejected Norfolk’s proposed instructions, which would have (1) ruled out damages for fear of cancer unless the claimant proved both an actual likelihood of developing cancer and physical manifestations of the alleged fear, and (2) required the jury to apportion damages between Norfolk and other employers alleged to have contributed to an asbestosis claimant’s disease.

Senator Hatch’s $108 Billion trust fund won’t meet future claims. What do victims do when the trust fund runs out of money? Likely future claims range from 1.9 million to 2.4 million. A trust fund designed to pay these claims could range as high as $245 billion (adjusted for inflation). Workers today are still being exposed. Estimates don’t include current exposures. The U. S. Geological Survey estimates that more than 29 million pounds of asbestos were used in product manufacturing in 2001. 

Workers’ Compensation News - December 1, 2003 Volume 1 Issue 35
 ASBESTOS CONGRESS POSTPONES ACTION ON ASBETSOS COMPENSATION BILL FOR AT LEAST 4 MONTHS As the Senate rushed toward its holiday adjournment, ...
Frequently Asked Questions About Asbestos Litigation

For over 3 decades, Jon Gelman has represented thousands of individuals who have become ill as a result of exposure to asbestos fiber. He is the author of a nationally recognized treatise, now in its 3rd edition, on the subject. He has lectured extensively on asbestos litigation. On behalf of his clients he has successfully brought claims against the suppliers, manufacturers and health research groups of asbestos fiber and products. These types of claims are usually referred to as product liability cases.

History of Asbestos and the Law

Asbestos-related disease was reported in industry more than 70 years ago. Dr. H. Montague Murray in 1906 at the Charing Cross Hospital in London testified before a governmental commission inquiry about occupational disability that he had seen a man in 1898 who was very short of breath and who had worked in an asbestos factory. The man's lungs at autopsy were badly scarred. It was Dr. Murray's prediction that since the hazards of this exposure were now known, very few similar cases would occur in the future, and there was no need to provide compensation benefits.

California Supreme Court Allows Mesothelioma As Separate Case

The California Supreme Court recently decided that a special statute of limitations for injury or illness caused by exposure to asbestos does not bar an action for a second disease, mesothelioma, which was diagnosed several years after the original diagnosis of a related pulmonary condition. The asbestos worker was exposed to asbestos fiber in various industrial workplaces from the early 1940's until 1963, when he became a television repairman. 

White Lies: Asbestos And The Damage Done

On March 9, the U.S. House of Representatives initiated markup of H.R. 1283, The Fairness in Asbestos Compensation Act. However, this bill is anything but fair to the victims and families of asbestos, and would only shield the manufacturers of deadly asbestos products from full accountability for the devastation they have caused by stripping dying and injured Americans of their legal right.  

$6.5 Million Awarded to Woman in Secondhand Asbestos Case Exposure traced to shipyard in '40s

An Alameda County jury has awarded $6.5 million to a Kansas woman dying of cancer, saying that her illness is the result of childhood exposure to asbestos that her parents carried from their shipyard job in the 1940s to their then-San Bruno home.  

"Late" Notice Permitted in Asbestos Claims

While working in various capacities for approximately 30 years, an employee was exposed to asbestos fiber. During 1987 the employee retired. In 1988 the retired employee consulted with both a lawyer and a doctor. In November of 1989 the employee had actual knowledge that he suffered from asbestosis. 

Families of Asbestos Workers Vulnerable

Studies linking asbestos to disease began in the early 1900's. Direct exposure to asbestos has been implicated in various diseases, principally mesothelioma, lung cancer, asbestosis, and lung scarring. The risks in all four diseases are closely influenced by dose and duration of asbestos exposure, and they involve long and variable latent periods after initial exposure (20-40 years). 

Haledon Man Sues Asbestos Plant For Wife's Death Due to Mesothelioma

A Haledon man is suing his World War II employer for damages in connection with the death of his wife, claiming that she died from asbestos particles from his job. In what Jon Gelman, a Wayne lawyer, said was the first action of its kind, James D. Parker filed suit yesterday in Superior Court in Paterson, seeking damages from the Union Asbestos and Rubber Co. for the estate of his wife, Angelina, who died of cancer last year at age 61.  

Cancer Risk Passes to Kin of Asbestos Workers

Unto the second generation, deadly asbestos fibers are now destroying the lungs of children of Paterson area asbestos workers of the 1940's, most of whom already have succumbed or are totally incapacitated from lung cancers and related diseases. 

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