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.

Pennslyvania Court Holds Exposure at Work

 A registered nurse was able to meet the burden of proof by demonstrating that her exposure at work was significant and therefore materially contributed to her latex sensitivity. The Pennsylvania Workers’ Compensation Appeal Board recently held that a registered nurse submitted sufficient competent evidence to support her claim that as a result of her exposure to latex gloves at work she developed increased sensitivity.

Nothing to Sneeze at: Growing Latex Allergies Lead to Use of Safer Products in Medical Field
Mysterious skin rashes, watery eyes and laryngitis attacked Susan Sharrock in 1990.  She found the answer to her ailments in the palms of her ...
Nebraska Adopts Single Reaction Theory

The Nebraska workers' compensation court has followed the theory adopted by a majority of jurisdictions in the United States and has accepted the single reaction theory of compensability for latex allergy claims. Even though a latex sensitized nurse worked for a subsequent employer and developed subsequent allergic reactions, the Nebraska court held that a single incident of an exposure with resulting symptomatology many years earlier requiring medical treatment was an incident for which compensability could be attributed. In following this position and rejecting "the last injurious rule" theory, Nebraska has simplified the procedure to obtain workers' compensation benefits and avoided complex and expensive litigation requiring multiple parties to appear in order to apportion liability.  

Latex Glove Verdict of $1 Million Upheld by Wisconsin Appellate Court

In affirming a $1 million verdict a Wisconsin appellate tribunal recognized the “horrendous pain and suffering” endured by a healthcare worker who became allergic to proteins in natural rubber latex, which was triggered by her exposure to latex gloves. 


$1.3 Million Jury Verdict Signals A New Avenue of Benefits Available to Latex Sensitized Workers
The first trial of a claim in a consolidated State action by sensitized health care workers against latex glove manufacturers resulted in a California...
Nebraska Court Finds Latex Allergic Surgical RN Totally Disabled
In one of the most significant decisions yet to be rendered by a Court, a surgical registered nurse was declared to be totally and permanently disable...
Social Security Disability Benefits Awarded to Nurse Who Became Sensitized to Latex

Connie R. Gates, who was awarded total disability benefits by the Nebraska Workers’ Compensation Court, was awarded Social Security Disability benefits and Supplemental Security Income benefits as a result of her sensitivity to latex products. 

Oregon Court Penalizes Employer for Untimely and Unreasonable Denial of Latex Claim

 Workers’ compensation courts are now requiring employers to act swiftly in awarding benefits to workers who have been sensitized to latex products. 

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. 

New Jersey Latex Victim Awarded Continued Medical Treatment

A nurse who was exposed to latex gloves at a New Jersey nursing home has been awarded a Court-approved settlement for continuing medical treatment and medications.  

Insurance Company Ordered to Give A Computer System To A Homebound Latex Victim

A Nebraska Workers' Compensation Court has ordered that a personal computer system be furnished to a homebound former health care worker suffering from latex sensitivity. This ruling is consistent with a national trend by the courts toward the recognition of the catastrophic impact of latex allergy upon general life pursuits. 

Ergonomics: Occupational Disease - Understanding the Law

The statutory formula for compensability for occupational disease is similar to that for accidental injuries, that is, “compensation for personal injuries to or for death of such employee by any “compensable” occupational disease arising out of and in the course of the employment” Section 30. There appears to me to be three essential elements of Section 30. There must be an injury or death – due to a “compensable” occupational disease – which must arise out of and in the course of the employment. There is an exception for willful self-exposure but that exception has never been established, to my knowledge, so it is not that important.  

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.  

Asbestos Fight Continues in House

Even as the battle over the asbestos industry bailout bill continues full steam ahead in the House, Senate Majority Leader Trent Lott (R-MS) and Senator John Ashcroft (R-MO), the author of the bill, in an extraordinary April 4 colloquy on the floor of the Senate, declared the Senate version of the asbestos bill dead for the year.  

A Latex Decision Traveling Back To The Past Instead of Into The Future

Delaware has always been known to be a corporate-friendly state, and a recent opinion in a latex claim continues to reflect that bias. The Superior Court of Delaware's ruling affirming the Industrial Accident Board's denial of benefits to a tire worker, who had been diagnosed with a latex allergy, reflects an archaic application of the rules of evidence that is inconsistent with current legal thinking. Richard Smith was employed on May 12, 1997 as a tire repairman by Service Tire Truck Center, Inc. 

$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.  

The rules governing when a claim must be filed as a result of an occupational exposure to asbestos have been changed by the New Jersey Supreme Court. A signed and sworn workers’ compensation claim petition, even though unsupported by medical diagnosis, is sufficient to impute discovery of the existence of a claim and toll the statute of limitations.

Dependents of Latex Allergic Hospital Worker Awarded Workers' Compensation Benefits

 Janeth McFarlane worked at the Baptist Hospital in Florida for approximately two years prior to November 1, 1996. She had used latex powdered gloves. Her employer had ordered, but had not received, powder-less gloves. During her employment she did experience some respiratory difficulty but was unaware of the cause. On November 1, 1996, immediately after using latex powdered gloves, she went into respiratory failure. Her co-workers attempted to revive her but were unsuccessful. 

Page 25 of 27First   Previous   18  19  20  21  22  23  24  [25]  26  27  Next   Last   
spacer spacer spacer
spacer spacer spacer
Copyright 2021 by Jon Gelman, LLC - Attorney at Law. All rights reserved.   |  Privacy Statement  |  Terms Of Use