The present system to resolve asbestos-related disease claims is in need of repair. However, the Fairness in Asbestos Injury Resolution Act (Fair Act) (S. 3274) falls far short of that goal. With each of the many rewrites of the asbestos trust fund legislation, the bar has been raised higher and higher in order for a veteran to prove his or her asbestos-related illness. Even though evidence mounts daily of countless numbers of new asbestos-related disease victims as a result of the collapse of the World Trade Center, not one dime was added to the trust fund amount as a result. The Asbestos Disease Awareness Organization has fought for years for a truly fair and equitable bill and will continue to fight. This bill in its present form is fatally flawed not only for veterans but for all present and future victims of asbestos disease. (Tri-State Media)

Posted by Michael Monheit at 05:27 PM | Permalink

A San Francisco Superior Court jury awarded $10.3 million in economic and non-economic damages Monday in an asbestos case brought by a 60-year-old man allegedly suffering from mesothelioma.

Even in the best case scenario, plaintiff George Barnes won't collect nearly that much. The jury only attributed 15 percent of the harm to Thorpe Insulation Co., the lone named defendant at trial.

It’s unlikely that Thorpe Insulations will not have the assets to pay. In which case the insurance companies will be sued and the asbestos litigation will be tied up for years to come. The jury attributed 15 percent of Barnes' harm to Thorpe, 5 percent to the plaintiff himself, 55 percent to his former employer, the U.S. Navy, and 25 percent to other manufacturers and distributors. (law.com)

Posted by Michael Monheit at 05:22 PM | Permalink

The order will help to restore traditional principles of due process in asbestos cases by ensuring that they are resolved on the basis of their individual merit; and that they do not serve merely as leverage to the resolution of other cases. The order would advance the interests of the most seriously ill asbestos plaintiffs, whose interests have not always been well-served by the present system. There was dissent calling the order ill-advised as it virtually ensures that justice will be so delayed for many diseased plaintiffs that they will never live to see their case. (Business Insurance)

Posted by Michael Monheit at 05:21 PM | Permalink

Mesothelioma is a rare form of cancer in which malignant (cancerous) cells are found in the mesothelium, a protective sac that covers most of the body's internal organs. Most people who develop mesothelioma have worked on jobs where they inhaled asbestos particles.

Mesothelioma is a rare form of cancer in which malignant (cancerous) cells are found in the mesothelium, a protective sac that covers most of the body's internal organs. Most people who develop mesothelioma have worked on jobs where they inhaled asbestos particles.

Asbestos is the name of a group of minerals that occur naturally as masses of flexible fibers that can be separated into thin threads and woven. Asbestos has been widely used industrial products mainly cement, brake linings, roof shingles, flooring products, textiles, and insulation. If tiny asbestos particles float in the air, especially during the manufacturing process, they may be inhaled or swallowed causing serious health problems.

Mesothelioma is a disease in which cells of the mesothelium become abnormal and invade and damage nearby tissues and organs. Cancer cells can also spread from their original site to other parts of the body.

Working with asbestos is the major risk factor for mesothelioma. A history of asbestos exposure at work is reported in about 75 percent of all cases. However, mesothelioma has been reported without any known exposure to asbestos. (Fit Commerce)

Posted by Michael Monheit at 04:00 AM | Permalink

Two recently filed asbestos lawsuits have each named 108 defendants. A 71 year old steel worker has asbestosis and mesothelioma, two lung diseases related to asbestos exposure. The widow of another steel worker who also died of asbestosis and mesothelioma filed the second case. (West Virginia)

Posted by Michael Monheit at 03:59 AM | Permalink