Mesothelioma Cancer

Malignant mesothelioma (cancer of the mesothelium) is a disease in which cells of the mesothelium become abnormal and divide without control or order. It is a rare form of cancer that most frequently arises from the cells lining the sacs of the chest (the pleura) or the abdomen (the peritoneum). Malignant mesothelioma is closely linked to exposure to asbestos - a natural fiber that was once used in manufacturing a wide variety of industrial and household products. Workers involved in asbestos mining, milling and manufacturing are at the greatest risk for developing malignant mesothelioma. Also at high risk are shipyard workers, workers in the heating and construction industries, and other tradespeople. Family members and others living with asbestos workers have an increased risk of developing malignant mesothelioma, and possibly other asbestos related diseases as well. Cases of malignant mesothelioma have even included people whose only exposure was breathing the air through ventilation systems.

Although reported incidence rates have increased in the past 20 years, malignant mesothelioma is still a relatively rare cancer. Between 1973 and 1984, there has been a threefold increase in the diagnosis of pleural mesothelioma in Caucasian males. From 1980 to the late 1990s, the death rate from malignant mesothelioma in the USA increased from 2,000 per year to 3,000, with men four times more likely to acquire it than women. The actual rates may be even higher however, since it is possible that many cases of malignant mesothelioma are misdiagnosed as adenocarcinoma of the lung, which is difficult to differentiate from mesothelioma.

The average age of diagnosis of malignant mesothelioma is 60. The average survival time varies from 4 to 18 months, and death is usually due to infection or respiratory failure from the progression of the mesothelioma.

Read the rest of article here…

Tags: abdomen, Art, articl, Asbestos, asbestos related diseases, asbestos worker, asbestos workers, cancer, cancer of the mesothelium, case, cells, chest, construction industries, death rate, diagnosis, dis, disease, diseases, ears, ezinearticles, fact, family member, family members, form, high risk, Lung, Malignant Mesothelioma, man, Mesothelioma, milling, nci, People, peritoneum, pleura, pleural, Pleural Mesothelioma, rare cancer, rate, risk, shipyard, shipyard workers, Survival, test, time, US, year

Most asbestos lawsuits have been filed by people who have worked in environments where they have been exposed to asbestos, and who subsequently developed an asbestos-related illness such as asbestosis or mesothelioma. The purpose of asbestos lawsuits is to recover financial damages from the employer responsible for maintaining the safety of the workplace, or from some other company that was negligent in manufacturing or in recommending a hazardous material.

Mesothelioma Cancer | Asbestos

Financial damages usually include the cost of medical bills, other costs associated with the disease, lost wages, and sometimes compensation for loss in quality of living or potential for future earnings. Mesothelioma cases usually recieve the highest settlement amounts — typically being settled out of court for about $3 million each.

**The History of Mesothelioma Lawsuits**

The first asbestos products lawsuit took place in Texas in 1966 when Johns-Manville, Fibreboard and Owens-Corning Fiberglas were sued on behalf of Claude Tomplait, an asbestos worker. Tomplait lost this case, but it was quickly followed up by another one in 1969 which was won and upheld in appeals in 1973.

In the late 1970s the legal battles took on a different tone. It was found that asbestos companies were involved in a conspiracy to suppress knowledge about the harmful effects of asbestos. By 1982 punitive damages were being awarded to sufferers of asbestos-related diseases, and many of the major companies responded by seeking Chapter 11 bankruptcy protection.

This complicated the legal situation considerably. Things also changed in the 1980s because successive waves of new workers were coming forward with asbestos-related diseases. These included workers in construction companies, asbestos distributors, and companies involved with asbestos-related products such as brake linings and insulation.

Eventually, many of the major bankrupt asbestos companies set up settlement trusts to handle problem cases separate from the litigation process. Most lawyers will simultaneously proceed with litigation against the companies while negotiating with the settlement trusts. Normally, when a settlement is reached with the trust it will be for much less money, and payments are often spread over many years.

**How do lawyers proceed with mesothelioma cases?**

Most lawyers in this field will do an examination of each claim on an individual basis. Since they often take on such cases on a “contingency” basis, they will usually not take on a case unless they have a reasonable chance of winning. This means that a history of contact with asbestos is usually not sufficient to proceed. A person should have tangible evidence of the presence of mesothelioma before a serious case can be undertaken.

The lawyer will look at all relevant information including medical records, family history, work history, exposure to asbestos. They normally have to be satisfied of two things before beginning — there must be a diagnosis of mesothelioma, and there must be defendants who can be held responsible. Once they have these two things they are usually prepared to take on the case.

**How are the lawyers paid?**

Most lawyers work on a contingency basis. This means they do not get paid until the case is settled in their client’s favor. A standard rate is 30% of the gross settlement. When selecting a lawyer, be careful of how the funds are dispersed. Some will take their 30% and then pay the legal fees out of the client’s portion. This means they will actually be getting more than 30% — sometimes closer to 40 or 50%. Look for a firm that pays the fees out of the gross settlement amount. And be sure that there are no circumstances in which you will be billed for costs if your lawyer loses the case.

**Workers’ Compensation or 3rd Party Litigation**

Normally when a claim is made against an employer, the case is handled by Workers’ Compensation. In most jurisdictions this is a “no fault” insurance system. All employers must have this kind of insurance. So when a claim is made against the system, there is no need to establish that the employer was at fault. All the system has to do is establish that the employee has been injured or disabled because of his or her employment.

A workers’ compensation claim can usually be finalized within 6 to 12 months.

When filing a civil lawsuit against a 3rd party such as a product manufacturer, the process is considerably more complicated. In this case, the lawyers representing a mesothelioma victim will usually name several defendants — sometimes as many as 30 or 40 mining companies, manufacturers, distributors, brokers, insulation contractors, general contractors, etc.– to attempt to spread the damages over as many parties as possible and increase the chances of receiving a sizable settlement.

Experienced lawyers will attempt to settle with defendants before actually going to court. If the case does get to court and a verdict is reached it is almost certain to be appealed. In such cases it can take years to reach a final resolution.

**If you have been exposed to asbestos…**

If you have been exposed to asbestos, the best advice is to have a thorough medical examination to determine if you have any signs of mesothelioma. If you do, then it is best to consult with a lawyer about your situation as soon as possible.

About The Author

Rick Hendershot is a writer and online marketer and publisher. See ==> http://www.linknet-promotions.com

For mesothelioma information and advice see ==> http://www.mesotheliomaadvisors.com. For more mesothelioma articles and reports see ==> http://www.mesotheliomaadvisors.com/reports.html

Tags: asbestos companies, asbestos lawsuits, asbestos products, asbestos related diseases, asbestos worker, asbestosis, brake linings, chapter 11 bankruptcy, chapter 11 bankruptcy protection, construction companies, fibreboard, financial damages, hazardous material, johns manville, legal battles, legal situation, Mesothelioma Cancer, mesothelioma cases, owens corning fiberglas, punitive damages

Mesothelioma- the Financial Costs to Society

Much has been written about asbestos related diseases such as Mesothelioma over the last couple of years. The focus has been on three main areas:

Mesothelioma Cancer | Asbestos

a) The unfortunate victims of mesothelioma such as former employees of asbestos mining companies who caught these diseases whilst in the course of their employment. We have seen the heart rendering images on TV of these people, all of them in their retirement years, gasping for air and suffering enormously.

b) Whether the asbestos mining companies knew that asbestos mining was a danger to human life.

c) The Multibillion dollar class actions filed by the victims against their former employers seeking compensation.

Two issues that have not been addressed are the financial costs to society of asbestos related diseases such as Mesothelioma cancer and who pays for these costs. Secondly, should asbestos mining companies be paying compensation not only to the sufferers of mesothelioma and other diseases but also to Society also?

There are two costs to society that can be identified. The first is the cost to the public health system. The second cost is the loss of tax revenue by governments due to Asbestos mining companies claiming a tax deduction for the compensation payments that are made to the victims.

In illustration of the costs to the public health system, the Asbestos Diseases Foundation of Australia has stated that by 2020 there will be 13000 cases of mesothelioma and 40000 asbestos related lung cancer diseases, totaling 53000 people and this is only in Australia! This means that 53000 people will need to have constant medical attention for the next 15 years or so. The question therefore, who pays for the cost? The answer of course is the current taxpayer and the next generation of taxpayers.

In relation to tax revenue, governments are essentially missing out on tax revenue as the asbestos companies are claiming the compensation payment as a tax deduction. For illustrative purposes, assume that an asbestos mining company pays out $100m per year over five years to the victims. Also assume that the corporate tax rate is 30 per cent. Therefore over five years, a respective government is losing $150m in revenue. Essentially it means that the asbestos mining companies are sharing the costs with the taxpayer. They pay 70 per cent of the compensation payment and the taxpayer pays the remaining balance. Most people would view this as totally inequitable.

It can be seen that the Asbestos companies are only paying a part of the costs and not the full cost.

To rectify this, there are two possible solutions.

a) Respective Governments should also join class actions with Mesothelioma sufferers against the asbestos mining companies seeking compensation for medical and future medical costs. This would not be unprecedented as various State Governments of the United States sought compensation against the Tobacco Companies to pay for the medical costs of its citizens who needed medical attention because of the ill effects of smoking.

b) Governments deny a tax deduction for Mesothelioma compensation payments made by the asbestos mining companies.

Until either part a or part b happens, it is the taxpayer who will be unfairly burdened with the additional financial costs of Asbestos related diseases such as Mesothelioma.

About The Author

Alex G Melan
Website Publisher and Author
www.mesotheliomamedic.com

Reprint Rights are Free subject to the following conditions:
a) Author’s Name is published
b) An active link to www.mesotheliomamedic is also published
c) The article is published in its entirety.

Tags: asbestos companies, asbestos diseases, asbestos related diseases, cancer diseases, class actions, compensation payment, compensation payments, dollar class, illustration, Lung Cancer, medical attention, Mesothelioma Cancer, mining companies, multibillion dollar, next generation, public health system, rendering images, tax deduction, taxpayers, unfortunate victims

He was only a child when it begun -and he played as children do- in his yard with his toy cars and tip trucks But his sand was asbestos blue…

In December 1999, my husband and I were walking home from a game of lawn bowls when I became aware of his shortness of breath. I was surprised and concerned when he told me that he had experienced this on several occasions. Believing this to be due to chest a infection, I made a doctor’s appointment for him the next day.

Chest X-rays revealed fluid on the lungs, over two litres of which was drained, giving Brian immediate relief, but it was a tense wait for the pathology results.Through the Internet I had become aware of several conditions which may have been responsible for fluid on the lung; these included asbestos- related diseases. Brian had lived in Wittenoom as a child and I was afraid of his diagnosis. Not wanting to worry him unnecessarily, I did not mention my fears to him. I prayed that he had pleurisy or pneumonia but the pathology results revealed that there were cancer cells present.

When Brian finally received his diagnosis, my worst nightmare became reality. He had pleural mesothelioma, a terminal cancer of the lung caused by the inhalation of asbestos dust. We found it inconceivable that the disease was the result of Brian inhaling asbestos dust as a child and that it had lain dormant for forty-five years before become lethal.

We were still reeling from the shock when, without preamble, the young doctor gave his prognosis. His exact words were, “Three to nine months, I reckon”. That he could say this so unfeelingly amazed me. His total lack of compassion did not encourage even the small comfort of tears. I felt as if Brian and I had been shot and from that moment on we were waiting to drop.

Undoubtedly, were mortally wounded. We suffered shock, disbelief, anger, helplessness and utter despair; in fact all the symptoms of grief one feels when a loved one has actually died. Once again we found ourselves with no control over our lives. This time however, there was no light at the end of the tunnel. Our journey through terminal illness had begun.

Throughout the course of our married life my deep love for Brian and my determination to resolve difficulties had seen us through many trials. I found it hard to believe that nothing could be done to save his life and begun surfing the Internet for information regarding mesothelioma, all the time praying for a miracle, hoping against hope to find a doctor who had successfully operated on or cured someone of it.

It was a sad realization to discover that for Brian there were no miracles; however, I learned a lot and it helped me to accept that he was dying. With my acceptance came a fierce determination to ease his burden. I continued to seek information regarding mesothelioma and the pain and symptoms Brian would experience, due to the progression of his disease. In this way, I came to understand the importance of pain management and symptom control and realized that although I could not stop Brian from dying – I could help him to live.

My acquired knowledge regarding pain and symptom management enabled me to communicate with Brian and to understand the type of pain he was experiencing and the intensity of that pain. I was then able to work hand in hand with his doctors, to bring his pain and symptoms under control. As my efforts resulted in his improved quality of life, I lost my sense of helplessness and gained strength.

Together, we achieved for Brian, a quality of life few thought possible, considering the nature of his disease. Testament to this, Brian survived for 2 years despite his prognosis of 3 to 9 months. Remained active and alert, drove his car for eighteen months after diagnosis and was not bed bound until three short days prior to his death.

Brian’s courageous battle with mesothelioma came to an end on the 24th December 2001, he passed away at home surrounded by his loved ones. He was 54 years old.

Tags: asbestos diseases, asbestos dust, asbestos related diseases, cancer cells, cancer of the lung, chest x rays, exact words, fluid on the lung, fluid on the lungs, helplessness, lawn bowls, Mesothelioma Cancer, pathology results, Pleural Mesothelioma, pleurisy, terminal cancer, tip trucks, toy cars, utter despair, walking home

Asbestos is mainly known as the substance, the cause of the disease mesothelioma, a rare form of cancer in which the internal organs of patients with a surface, surrounded by cancer cells. Asbestos is everything from a group of minerals with fiber structure metamorphic magnesium silicate hydrate chemical family.

These fibers are often used in the cement for the construction and whether they have been prohibited in the construction industry in the United States today, its presence on the sites in the world for five years and six years ago, are the source of medical and legal problems of today. Asbestos can be in five or six years to realise their full potential murderer, and that a large number of workers in the construction sector, which absorbs dangerous chemicals in the years 1950, 1960 and s, s at the workplace are only currently live, the impact of the disease. Therefore, many of the processes necessary for the purposes of mesothelioma filed dealing with the inclusion of asbestos in the construction of plants in the years 1950 and the year 1960.

Currently, these asbestos related diseases for which there is no cure, but only because one of the attention that this disease is seen by many senior scientists and researchers from around the world endeavour to Developing a cure for the disease. How many types of cancer, without support, and attention, research and funding is not possible.

Tags: asbestos and mesothelioma, asbestos diseases, asbestos mesothelioma, asbestos related diseases, cancer cells, cancer support, cement, construction industry, construction sector, dangerous chemicals, endeavour, fiber structure, fibers, inclusion, internal organs, magnesium silicate, minerals, murderer, six years, types of cancer