Filing a Mesothelioma Lawsuit-My Father Is A Hero (1994)

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Mesothelioma :

Malignant mesothelioma is a rare type of cancer that occurs in the thin layer of cells lining the body's internal organs, known as the mesothelium. There are three recognized types of mesothelioma. Pleural mesothelioma is the most common form of the disease, accounting for roughly 70% of cases, and occurs in the lining of the lung known as the pleura. Peritoneal mesothelioma occurs in the lining of the abdominal cavity, known as the peritoneum and pericardial mesothelioma originates in the pericardium, which lines the heart.

An individual may be at risk to develop mesothelioma if he or she was exposed to asbestos in the workplace or at home. Mesothelioma is caused by exposure to asbestos and the inhalation of asbestos particles. In most cases, mesothelioma symptoms will not appear in an individual exposed to asbestos until many years after the exposure has occurred. Those with a past asbestos exposure history experiencing symptoms should consult a physician with experience in accurately diagnosing mesothelioma. The earlier mesothelioma is diagnosed, the more likely it is to be caught at an early stage. At earlier stages of mesothelioma progression, more treatment options are available and oftentimes a better prognosis is given. Additional mesothelioma information and statistics can be 
found in this section.



Mesothelioma Treatment:

If there’s one thing we know about mesothelioma treatment, it’s this: we’re still being challenged to arrive at efficacy.

Despite years of research since the disease was first identified, it’s still difficult to identify the best approach to treating the disease, says David Rice, MD, a cardiothoracic surgeon and nationally known mesothelioma expert who practices at the University of Texas MD Anderson Cancer Center in Houston, TX.

The very rareness of the cancer—only about 3,000 people a year are diagnosed in the United States—makes it difficult to run the kind of research studies needed to compare treatments and determine the ideal therapy at each stage of the disease. “There isn’t a lot of evidence-based science in this disease,” Dr. Rice admits. So when his patients ask him what the best treatment is for the disease, he tells them what we tell you in this section, adding that “we don’t have a reliable cure for this disease.”

Thus, a major goal of treatment is to reduce pain and suffering and prolong a patient’s life as long as possible while providing them with the highest quality of life possible.

Choosing the right mesothelioma doctor is an important first step in planning for treatment.

There are a number of mesothelioma experts, like Dr. Rice, practicing in specialized clinics throughout the country. Each of these cancer specialists has an acute knowledge of the behavior and pathology of malignant mesothelioma and its treatment. It is likely that if you are diagnosed with mesothelioma, you will be referred by your personal physician to a larger scale comprehensive cancer center.

The most important consideration in mesothelioma treatment is the cancer stage and type, said Dr. Rice. Treatment decisions also depend on whether the cancer is localized to the chest or has spread to the chest wall, diaphragm, or lymph nodes, your age and overall health, and the center where you’re being treated. Learn more about finding a doctor here.

Conventional treatments for mesothelioma involve surgery, chemotherapy, and radiation therapy.

As with most solid tumors, doctors turn to surgery, radiation and chemotherapy to manage mesothelioma. When exploring the various treatment options available with your doctor it is important to be informed about the risk and benefits of each one before making a final decision.

Surgery
Only about 1 in 5 patients with metastatic pleural mesothelioma undergo surgery. There are two main surgeries: pleurectomy/decortication, in which the surgeon tries to remove as much of the tumor from around the lung as possible, and the more radical extrapleural pneumonectomy, in which the lung itself is removed.

There is a lot of debate as to which is “best,” said Dr. Rice, although studies find that most long-term survivors have had surgery. He personally believes that pneumonectomy is best for tumor control if followed with radiation. Studies find it prevents tumor recurrence in the chest in 80 to 85 percent of patients who have the surgery.

However, Dr. Rice noted, it is a long, intensive operation with a 55 percent complication rate and a 3 percent risk of death, higher in some institutions. “So you only want to perform that surgery if the patient has a reasonably good prognosis,” said Dr. Rice. Translation: it doesn’t appear that the cancer has spread outside the chest.

Patients best suited for pneumonectomy are younger, with the epithelial form of the disease, no obvious lymph gland involvement, and are otherwise healthy enough to withstand the rigor of the procedure. Dr. Rice actually waits until he has the patient’s chest open in the operating room and biopsies the lymph nodes before deciding which procedure to perform.

Pleurectomy/decortication has a higher failure rate, with the tumor recurring in the chest cavity 50 to 80 percent of the time. However, that rate may change with improved radiotherapy techniques, Dr. Rice said. The reason for the high recurrence is that it’s impossible to completely remove the tumor without removing the lung.

However, he noted, there is no difference in survival rates between the two surgeries. Part of the reason is that the cancer has often spread to other parts of the body by the time it is diagnosed even if it appears to be confined to the chest.

Chemotherapy
Chemotherapy, also known as systemic therapy, uses oral or infusion-based medications to kill cancer cells throughout your body. Chemotherapy is used both before and after surgery, as well as in people who can’t handle surgery. It is also used in the palliative setting to reduce pain and improve quality of life.

The most commonly used chemotherapy drugs for mesothelioma are cisplatin combined with pemetrexed (Alimta) or raltitrexed (Tomudex). Other combinations include gemcitabine, carboplatin or oxaliplatin.

If you can’t manage combination therapy, your doctor may start on just one drug. Sometimes, your doctor may infuse the medication directly into your chest cavity, a procedure called pleural chemotherapy, or, abdomen, called intraperitoneal chemotherapy. You may also get a second course of chemotherapy, called “second-line” chemotherapy, with pemetrexed or other drugs, raltitrexed plus oxaliplatin, or the triple drug combination of irinotecan, cisplatin and mitomycin.

Some centers are beginning to provide intraperitoneal chemotherapy before surgery, followed by chemotherapy shortly after surgery. You can learn more about this approach here. There is also work underway to personalize chemotherapy based on the genetic characteristics of your tumor.

Radiation
Radiation can be an important part of mesothelioma treatment. The problem is that because the cancer is near the heart and lungs, it’s challenging to provide the kind of high-dose, intensive therapy needed to shrink the tumor. However, a newer option, intensity-modulated radiotherapy (IMRT), which can more accurately target cancer cells and avoid healthy tissue, may provide better results when performed by experienced clinicians.

Investigational therapies are being explored through clinical and surgical trials at many of the nation’s top cancer centers.

There are more than 50 studies on new therapies for mesothelioma in the U.S. that are looking for volunteers. Researchers are investigating new targeted drugs and chemotherapies, as well as new protocols for giving the medications; immunotherapy, which harnesses the power of the immune system to fight the disease; phototherapy, in which you are injected with a drug that bonds to cancer cells and is activated by high-intensity light; genetic therapies; and novel radiotherapy techniques like tomotherapy to treat the disease. Learn more about participating in a clinical trial here.

At some point, the management of the disease will shift from trying to cure the disease to trying to keep the patient as comfortable as possible for as long as possible.

This is the palliative care stage, when many people enter a hospice program. The primary goal at this stage is maximizing patient comfort. Medication to help with pain, difficulty breathing, and other symptoms that may be experienced is a mainstay. So is emotional and spiritual support for you and your family.

Alternative therapies for mesothelioma can be used to ease side effects of traditional cancer treatment.

Complementary and alternative medicine (CAM) includes such therapies as massage, acupuncture, and meditation. They can be a powerful part of your overall management plan, helping you better manage the stress and anxiety of the disease and conventional treatments.


Asbestos Exposure :


Many American workers, across a variety of industries, were exposed to asbestos on the job. As a result, they are now at risk to develop mesothelioma.

Long considered a miracle material, asbestos boasts excellent fire and heat resistant properties. This naturally occurring mineral, now known to be a human carcinogen, has a history that dates back to ancient Greece. Asbestos was used as a building material, even as far back as during the Roman Empire, and was also used to in fabric that would be used in clothing and a variety of other textiles.

During the Industrial Revolution, asbestos found new uses in factories and other heavy industries throughout the United States and abroad. Asbestos found use not only in factories, but also in oil refineries, chemical plants, on railroad cars, and in shipyards. Asbestos materials were used to insulate pipes and boilers in steam locomotives, to line tanks and ovens in refineries, and could be found literally everywhere aboard the nation’s ships, from engine rooms to galleys. As the twentieth century progressed, more uses for asbestos were found. It was used in the brakes and clutches of automobiles, insulated America’s new skyscrapers, and was used extensively in the construction industry, where it was used in asbestos products like joint compounds, cements, roofing shingles, ceiling and floor tiles, siding, stucco, plaster, and much more. Those workers at risk included any that worked in an asbestos-heavy industry or frequently handled these products.

By the middle of the twentieth century, it became apparent that asbestos was causing health problems. Asbestos exposure is now known to cause mesothelioma. This asbestos related cancer can occur when asbestos is inhaled the microscopic fibers lodge within the outer lung tissue layer known as the mesothelium. This thin layer of cells protects and lubricates the chest cavity. Asbestos causes a sustained inflammation of these cells causing harmful scar tissue to form on the surface. This scar tissue lays the foundation for cancerous cells to develop.

Despite knowledge of the health risk it posed, records have shown that many companies who used asbestos in their facilities knew that the material was dangerous yet continued to allow its use. Eventually, stories of sick employees became commonplace, causing the American government to consider imposing laws about regulating use of asbestos.

If you worked at a jobsite where asbestos or asbestos containing products were used, you may be at risk to develop mesothelioma.

Exposure usually occurred at major construction jobsites, in shipyards, onboard navy vessels and during construction or renovation of commercial buildings. People working in the vicinity of boilers and insulated piping often are at risk. In addition, teachers, students, and other staff members who work in older school buildings may be at risk of exposure to asbestos products, such as ceiling or floor tiles. Equally at risk are families of these workers, as asbestos often was carried home on clothing.

Military Exposure
Asbestos was used across all branches of the military for many years. Navy veterans were exposed to high levels of asbestos while serving on ships (aircraft carriers, destroyers, submarines, battleships, warships, etc.) in the naval fleet as well as in naval shipyards across the country. Army veterans were exposed to asbestos in buildings on military installations and while working on military vehicles. Air Force veterans were exposed while working with military aircraft. Marine Corps veterans that spent time at sea aboard Navy ships were exposed to asbestos. All veterans exposed to asbestos have an increased risk of developing mesothelioma.

Commercial and Industrial Exposure
Many workers and maintenance contractors at industrial and commercial job sites were subjected to dangerous levels of asbestos on the job. Asbestos is a known carcinogen and the primary cause of mesothelioma cancer. The types of jobsites where asbestos exposure occurred include oil refineries, power plants, steel mills and chemical plants to name a few. They all have “high heat” environments where the use of fire and heat resistant materials was required, be it in the construction of the plants or machinery or in the protective clothing that workers were required to wear in designated areas (i.e. fire-proof gloves and aprons). Today, even though the use of asbestos has been banned in the United States, many existing industrial and commercial structures may still contain a certain level of asbestos. It is important that appropriate safety precautions be taken, where necessary, to prevent harmful exposure and to mitigate the risk of developing mesothelioma.

Commercial Product Exposure
Do-it-yourself home renovation enthusiasts, as well as those who worked in the construction trade, may have been exposed to asbestos while working with popular building and construction products. Many of these products were made with asbestos through the late 1970’s as the projects they were to be used in required that they be heat and fire resistant. They included insulation, roofing material, siding, joint compound, ceiling tiles, flooring and more. Unfortunately when any of these products were cut, sawed filed, or sanded, asbestos fibers were released into the air. In the majority of cases, those working with the products did not use appropriate safety precautions because asbestos companies withheld information about the health hazards of asbestos for many years. Today, as a result, construction workers and do-it-yourselfers are at risk for developing mesothelioma or other asbestos-related diseases.

Second Hand Exposure
Direct, on-the-job asbestos exposure did not affect American workers alone. Their family members were also at risk of developing an asbestos-related disease as a result of second hand asbestos exposure. This type of exposure occurred when workers brought asbestos fibers home on their hair, clothing or shoes at the end of the work day. Those responsible for laundering their work clothes, day in and day out, were most commonly affected, but even small children who spent time with their parent before they had a chance to “clean up” from work were unknowingly placed at risk of developing an asbestos-related illness.


Veterans & Mesothelioma :
Veterans can develop mesothelioma as a result of asbestos exposure during their military service.

For decades, the men and women from all four branches (Army, Navy, Air Force and Marines) of the United States military have defended our country, both in times of war and in times of peace. Veterans put their lives on the line each and every day, both on the battlefront and at the many U.S. military bases located around the world. Of all the individuals in the United States that have been diagnosed with mesothelioma cancer, the veteran population has been affected the most.

The simple reason for this increased risk is exposure to asbestos. Asbestos, the only known cause of mesothelioma, was used by the U.S. military in literally hundreds of applications. Because exposure was unavoidable for some, mesothelioma remains one of the most serious diseases affecting veterans today, particularly those who served between World War II and the Vietnam Conflict.

Asbestos was used in all branches of the military for many years, especially during the years of World War II and the Korean Conflict. At that time, shipbuilding was at its peak. In fact, about 4.3 million Americans worked in shipyards during World War II and because of the daily tasks they were required to perform, many were at risk for developing asbestos-related diseases.

Navy veterans are at the greatest risk to develop mesothelioma as asbestos was widely used in Naval ships and shipyards.

Navy veterans were exposed to high levels of asbestos present in many areas of navy ships including boiler rooms, engine rooms, galleys and sleeping quarters. While the soldiers who lived and worked aboard the ships - including gunmen, boilermen, and firemen - were susceptible to inhaling asbestos, those who built and repaired the ships were even more prone to developing diseases associated with the toxic mineral. They were tradesmen such as pipefitters, plumbers, mechanics, shipfitters, electricians, welders and boilermakers to name a few.

There have even been instances where military base secretaries, and others who did not work directly on ships, developed mesothelioma cancer through second-hand asbestos exposure. Second hand exposure occurs when asbestos dust is inhaled from the clothes and hair of others who worked with asbestos on the base or from an abundance of asbestos circulating through the air. Loved ones of shipyard workers have also been known to develop the disease due to the same type of secondary exposure.

Because mesothelioma can remain dormant for several decades, many veterans who served during the 1950s to the 1970s are just being diagnosed with the disease. These brave men and women were unaware that they would face a terminal illness in their later years when they had hoped to be enjoying retirement and extra time with their family. Mesothelioma is a particularly difficult disease to battle, and though there have been great advances in the area of mesothelioma treatment in recent years, the overall prognosis for the disease is not a favorable one.

There has also been some controversy surrounding the U.S. government and their responsibility to those who have developed mesothelioma and other asbestos diseases as a result of their service to the country. While the Veterans Administration offers some guidance to afflicted personnel, it is clear that more must be done to support veterans with mesothelioma, including compensation for medical expenses, loss of income, and suffering.

Mesothelioma Lawyer :

Early, Lucarelli, Sweeney & Strauss has represented mesothelioma victims and their families honestly and effectively for over 30 years.

For over three decades, the mesothelioma law firm of Early, Lucarelli, Sweeney and Strauss has specialized in asbestos litigation. In that time, ELSS has helped thousands of mesothelioma victims get the financial compensation they deserved for the injuries they sustained from asbestos products made and sold by negligent asbestos companies.

Choosing a good mesothelioma lawyer is imperative to ensuring that you will be awarded the highest settlement dollars for your case.

In this section, you can learn more about our firm, our experienced legal team and the outstanding results that we have achieved for our clients. We are confident that after you learn more about us, the clients we serve and our past track record, you will see how we can put our decades of experience winning mesothelioma settlements to work for you and your family.

Initial consultations at Early, Lucarelli, Sweeney and Strauss are always free of charge and are designed to help us evaluate your case and measure your chance for a viable, successful lawsuit. In addition, because Early, Lucarelli, Sweeney and Strauss operates on a contingency fee basis, the client pays nothing unless we succeed in your behalf and money is recovered.

Filing a Mesothelioma Lawsuit

To start the process of seeking compensation for a mesothelioma client, ELSS begins with a brief introductory meeting. During this meeting, an attorney from ELSS will outline the various steps of the legal process; address any questions or concerns you may have related to the legal process; and discuss the ways in which a mesothelioma client has been exposed to asbestos.

After this introductory meeting, ELSS will work on your behalf to collect all diagnosing medical reports from the medical facilities where you were treated. Before a mesothelioma lawsuit is filed, ELSS performs a thorough work history investigation of the diagnosed party. ELSS will collect work history records, including, union records, military service records and other documents to substantiate employment history. In addition to interviewing the mesothelioma client, ELSS will also identify any potential family members, co-workers, and other product identification witnesses who can assist in providing details about the work history and potential asbestos exposure in the case.

After we have completed a thorough product identification and work history investigation, our next step is to identify potential recoveries through asbestos trusts. A number of companies have admitted past asbestos liability and have set up asbestos trusts to compensate mesothelioma clients who present qualifying claims. ELSS is familiar with these asbestos trusts and their requirements for successful claims submission. For the most part, compensation through these trusts happens relatively quickly assuming your particular case meets each trust’s exposure criteria.

After your case has been evaluated for recovery through the asbestos trusts, ELSS then begins investigation of your case against viable companies who have yet to fully admit their asbestos liability., After an investigation period of about 30 to 60 days, ELSS will determine the proper venue to file the legal action. Venue selection is extremely important and is determined based on a number of factors including: a thorough understanding of scheduling, process time-frame, settlement history, and local laws, ELSS can file a lawsuit in any forum where a mesothelioma client has resided, worked, served in the military. ELSS can also fiel your lawsuit in “open forum” states that are agreeable to allowing non-resident / non-exposure claimants to file.

As soon as the proper forum is determined, ELSS will file a formal Complaint on behalf of the mesothelioma client. The Complaint will typically assert various legal causes of action against the asbestos companies likely responsible for causing or contributing to a mesothelioma client’s diagnosis. The number of asbestos companies or defendants named in the Complaint will vary based on the specific type and amount of exposure a mesothelioma client may have had during his/her lifetime.

After filing of the Complaint, the Discovery phase commences and usually lasts 3 to 4 months . Discovery allows ELSS to present information to the Defendant asbestos companies which document where, when and how the mesothelioma client was exposed to particular asbestos products. ELSS can present this information via written documents (interrogatories) and/or oral testimony (deposition) to the Defendant asbestos companies. The Defendant asbestos companies will also be entitled to present information and/or document to your attorney during this period. ELSS will also file appropriate motions in Court during the Discovery phase on the mesothelioma clients behalf. Additionally, ELSS will likely try to reach some financial settlement(s) during the Discovery phase.

Most mesothelioma lawsuits will not end up going to trial, but rather will resolve in settlements well in advance of the trial date. Throughout the entire process, ELSS will discuss the strengths and weaknesses of seeking trial resolution vs. settlement with the mesothelioma client. ELSS values continued client input and respects the client’s right to decide what may be in his/her best legal interests. Should a matter proceed to trial with your approval, ELSS is experienced, qualified and prepared to do so.


Mesothelioma Law Firm :

Early, Lucarelli, Sweeney & Strauss is nationally recognized for our representation of product liability and mesothelioma victims, and for our understanding of and compassion for injured parties and their families. Our experience in these matters spans two decades, and we have been given Martindale-Hubbell's highest rating.

Early, Lucarelli, Sweeney & Strauss has consistently been at the top of the list in terms of per case settlement dollars obtained for its asbestos clients. We represent in excess of one thousand eight hundred victims of asbestos disease in their cases against the asbestos industry. Hundreds of these victims suffer from mesothelioma cancer.

We are currently licensed to practice in: California, Connecticut, Illinois, Massachusetts, Missouri, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Washington D.C. Almost two decades of asbestos law experience has resulted in close working relationships with mesothelioma attorneys throughout the United States for the representation of individuals with asbestos cancer.

We have dedicated extensive resources to gathering information and evidence against the asbestos industry. We will carefully explain your legal rights to you.

The Attorneys at ELSS
Meet the experienced team of attorneys at ELSS who will work tirelessly on your behalf to earn you the highest settlement award possible.

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