Mesothelioma Information Washington DC Blog | Parker, Dumler and Kiely LLP

Friday, April 24, 2009

Notable Mesothelioma Class Actions

James Cavette v Johns Manville

After James Cavett was awarded $3.8 million from asbestos manufacturer Johns Manville in 1982 for compensatory and punitive damages, class actions have been filed against employers in every industry that exposed its employees to asbestos. The flood of lawsuits has caused several large corporations to undergo bankruptcy reorganization. But the number of frivolous lawsuits that try to squeeze through contribute to overloading dockets and wasting money spent on lawyers, and court costs by all parties involved.

In 1995 a mesothelioma class action lawsuit was decided in favor of the plaintiffs and awarded $700,000,000. Another 750,000 individuals have joined mesothelioma class action lawsuits.

June Hancock v Turner & Newall

In a landmark U.K. case June Hancock sued Turner & Newall, the parent company of J.W. Roberts, an asbestos factory in Armley. As a child in the 1930s June played in and around the factory and attended school across the street, where enough asbestos drifted and landed that the children were able to make "snowballs" out of the drifts. Her mother died in 1983 from mesothelioma, but when she was diagnosed with the disease she decided to sue as an exposed community resident. When the court awarded her damages of £65,000 a new precedent was set establishing a duty to the community regarding the use of hazardous materials.

Whether or not you were exposed to asbestos in a work environment, if you have been diagnosed with mesothelioma please contact the experienced mesothelioma lawyers in Baltimore, Maryland and Washington, D.C., Parker, Dumler & Kiely, LLP for a free consultation.

posted by Erica at 7:48 AM

Friday, April 17, 2009

Notable Asbestos Class Actions

First Claims

Asbestos has been known as one of the most dangerous risks to employees' health since the late 1920s. In 1927 the first workers' compensation claim for asbestosis was filed. Johns Manville, a well-known asbestos company settled a 1933 claim with eleven employees, all of whom had asbestosis. The settlement was contingent upon a stipulation that the plaintiffs' attorney agreed never again to "directly or indirectly participate in the bringing of new actions against the Corporation."

The Floodgates Open

Johns Manville was again the subject of a lawsuit in 1982 in which the judgment awarded plaintiff James Cavett $3.8 million in damages. Two months later, still faced with 16,500 asbestos lawsuits The Manville Corporation filed for bankruptcy.

The 1980s and 1990s saw a flood of asbestos claims, and many of these ended up on the U.S. Supreme Court docket as class actions. Many large corporations ended up in or near bankruptcy as a result.

Tipping the Scales of Justice

Some made efforts to limit their liability by attempting to design settlements that were less than ideal. Two major faults with proposed plans were the lack of consideration for future claimants who had not yet shown symptoms of disease, and putting all of those exposed to asbestos into a single class that had no commonality other than exposure to asbestos, thus failing to account for the wide range of damages suffered by the victims.

These two plans were rejected by the U.S. Supreme Court in Amchem Prods., Inc. v. Windsor, 521 U.S. 591, 617 (1997) and Ortiz v. Fibreboard Corp., 527 U.S. 815 (1999).

With Intent to Deceive

Knowing that the Johns-Manville Corporation had a history of hiding evidence of the damages its employees were suffering as a result of asbestos exposure, Ronald Motley, a South Carolina attorney had a rather unflattering opinion of the company. He described them as "the greatest corporate mass murderer in history." One example is a memo from the company's medical director to its corporate headquarters that read:

"The fibrosis of this disease is irreversible and permanent so that eventually compensation will be paid to each of these men. But, as long as the man is not disabled it is felt that he should not be told of his condition so that he can live and work in peace and the company can benefit by his many years of experience."

In Your Defense

If you ever felt hesitant about filing a claim for the damages you and your family suffer as a result of your employer exposing you to asbestos, keep that memo in mind. You paid dearly for the opportunity to support your family, but your life and health were not part of the agreement. Please contact the experienced mesothelioma lawyers in Baltimore, Maryland and Washington, D.C., Parker, Dumler & Kiely, LLP to schedule a free consultation.

posted by Erica at 7:40 AM

Thursday, April 9, 2009

How to Care for a Family Member with Mesothelioma

Caring for a loved one who is suffering from mesothelioma is an emotionally, financially and physically demanding task. While keeping the person at home is typically the desired arrangement, the loved ones providing the attention may not be able to handle the demands of properly caring for the patient. It is important to realize that there are other options available to help make a mesothelioma patient’s life more comfortable.

Other options for care

• Hospice care at home or in a hospice center
• Hospital setting
• Nursing home setting

There are ways that caregivers can help improve the mesothelioma patient’s quality of life while also maintaining their own sanity and not losing focus of themselves. As a caregiver, it is important to:

• Solicit and accept help from others, including healthcare professionals, other family members and friends.
• Discuss options for care openly with the patient.
• Keep healthy nutrition a priority for the patient and yourself.
• Take care of your own physical and emotional needs.
• Help the patients settle unfinished issues that may help to bring peace.
• Join a support group.
• Participate regularly in a stress-reducing activity.

If you or a loved one has been diagnosed with mesothelioma, lease contact our mesothelioma attorneys at Parker, Dumler & Kiely, LLP to schedule a free consultation.

posted by Erica at 9:04 AM

Thursday, April 2, 2009

Common Asbestos Exposure Sites

At one time asbestos was heralded as a miracle substance. Asbestos is an economical, lightweight mineral that is heat, water and acid resistant; non-flammable; does not conduct electricity and is impervious to pests. Unfortunately, these same phenomenal asbestos fibers can also be deadly to individuals when swallowed or inhaled.

Years ago, there were some industries with asbestos work sites that left workers especially vulnerable to asbestos exposure, including:

• Construction sites
• Shipyards
• Auto repair
• Power plants
• Oil refineries
• Railroads
• Emergency responders, such as firefighting
• Mining

People who worked in these types of settings in the 1950s or 1960s are at a risk for developing mesothelioma. Because the disease can remain “silent” for 20-50 years, many workers from this timeframe are just now realizing that they have the disease.

Today asbestos exposure is not as widespread as it was 30-50+ years ago. This is due, in part, to asbestos bans and warnings. However, asbestos still exists and can still be a dangerous force. The World Trade Center tragedy of 9/11 stirred up a great amount of asbestos into the air, which has already proven deadly to some rescue and clean-up workers.

If you or a loved one has fallen victim to an asbestos-related illness, you may be entitled to damages. Please contact our mesothelioma attorneys at Parker, Dumler & Kiely, LLP to schedule a free consultation to review your unique situation.

posted by Erica at 9:02 AM