Personal Injury Law

North Carolina Mesothelioma Workers? Compensation Claims: 2013 Appeals Court Ruling About What Employer / Insurance Company Is Liable And Must Pay WC Benefits To Worker Or Family

Posted on June 10, 2013
In May 2013 the North Carolina Court of Appeals reversed a determination by the North Carolina Industrial Commission (NCIC) having to do with the payment of benefits in an asbestos workers? compensation case involving mesothelioma. Essentially, this appellate court ruling states that the NCIC erred when determining which insurer was responsible for paying benefits to [...

Asbestos Defendant Pittsburgh Corning Bankruptcy Plan Approved By Federal Judge But, Unfortunately, Legal Appeal Likely That Will Further Delay Claim Compensation Payments To Victims

Posted on June 03, 2013
On May 24, 2013 there was an important development as regards the Pittsburgh Corning (commonly referred to as “PC” in the litigation) asbestos bankruptcy, which has now dragged on for 13 years. From the Pittsburgh Post-Gazette article, “Pittsburgh Corning’s asbestos legal woes grinding on — Appeals, number of claimants keep Pittsburgh Corning’s asbestos bankruptcy grinding through [...

New Study By Dr. David Sugarbaker Shows Benefit Of Hyperthermic Intraoperative Cisplatin Chemotherapy Lavage For Some Pleural Mesothelioma Patients

Posted on May 23, 2013
In the April 2013 edition of The Journal of Thoracic and Cardiovascular Surgery we found “Hyperthermic intraoperative pleural cisplatin chemotherapy extends interval to recurrence and survival among low-risk patients with malignant pleural mesothelioma undergoing surgical macroscopic complete resection”...

Combination Of Asbestos And Cigarettes Together With Underlying Asbestosis Significantly Increases One?s Risk Of Developing Lung Cancer Later In Life

Posted on May 01, 2013
A recently released study sought to determine the extent to which the combination of asbestos exposure and cigarette smoking serves to act “synergistically” so as to multiply the odds that one will develop lung cancer, especially when the person has already developed asbestosis...

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Identification Of Gene Alterations in Asbestos-Related Cancers Like Non-Small Cell Lung Cancer Shows A Synergistic Effect Of Asbestos And Tobacco Smoke

Posted on April 24, 2013
An article published by the medical journal Mutagenesis in February 2013, “Differential mutation profiles and similar intronic TP53 polymorphisms in asbestos-related lung cancer and pleural mesothelioma” shows the synergistic effect between asbestos exposure and cigarette smoking...

Addition Of Thalidomide Maintenance To First-line Chemotherapy For Patients With Pleural Mesothelioma Or Peritoneal Mesothelioma Did Not Help With Disease Progression

Posted on April 17, 2013
  On April 12, 2013 The Lancet Oncology medical journal published early online this article, “Thalidomide versus active supportive care for maintenance in patients with malignant mesothelioma after first-line chemotherapy (NVALT 5): an open-label, multicentre, randomised phase 3 study”...

Protect Asbestos Victims: Reasons To Oppose H.R. 982, the Furthering Asbestos Claim Transparency (FACT) Act of 2013

Posted on April 10, 2013
As an asbestos attorney who has been handling mesothelioma, asbestos lung cancer, and asbestosis cases for more than 20 years,  now, I urge you to take action by writing your Representative in Washington and urge them to oppose H.R. 982, the Furthering Asbestos Claim Transparency (FACT) Act of 2013...

NC Senate Bill 429 / House Bill 415: Asbestos Lawsuit Immunity Bills Which Would Benefit ALEC Member Crown Cork & Seal And Possibly Other Companies With Asbestos Liability

Posted on April 03, 2013
North Carolina State Legislators Are Being Led Astray By The American Legislative Exchange Council (ALEC) And Its Successor Asbestos-Related Liability Fairness Act In North Carolina there is legislation being considered currently that offers immunity to Crown Cork & Seal (and possibly others) for asbestos liability it legally acquired when it bought another manufacturing company, Mundet [...

Malignant Peritoneal Mesothelioma Treatment Options And Long-Term Survival Rates Are Examined In New Medical Study Article

Posted on March 28, 2013
Malignant peritoneal mesothelioma (MPM) is a primary cancer that arises diffusely from the mesothelial cells lining the peritoneum. Cytoreduction surgery (CRS) with intraoperative or perioperative high-dose regional chemotherapy has been established as the preferred approach in selected patients...

How Is Localized Malignant Pleural Mesothelioma Different From The More Common Diffuse Form Of Mesothelioma

Posted on March 22, 2013
According to the World Health Organization (WHO), localized malignant mesothelioma of the pleura (LMM) is histologically identical to diffuse malignant mesothelioma but without any evidence of pleural spread, i.e., localized. There is an impression that localized malignant mesothelioma of the pleura (LMM) may have a better outcome than the more common diffuse form of mesothelioma...

Increased Risk Of Pleural Mesothelioma Where There Was Asbestos Exposure Together With Mineral Wool And/Or Silica Exposure, Also (i.e., Co-exposure)

Posted on March 14, 2013
The medical journal American Journal of Respiratory and Critical Care Medicine published this article early online on March 7, 2013:   “Pleural Mesothelioma and Occupational Co-exposure to Asbestos, Mineral Wool and Silica”. From the Abstract for this new medical journal article about mesothelioma: Rationale: Occupational co-exposure to asbestos and other fibers or particles could modify [...

Amateur Do-It-Yourself (DIY) Home Renovators Exposed To Asbestos Can Develop Mesothelioma, Asbestos Lung Cancer, Or Asbestosis

Posted on March 07, 2013
This March 7, 2013 newspaper article, “Renovators the ‘third wave’ of asbestos victims”, was published in Australia, but the points it makes are valid here in the United States and elsewhere around the world. To get your attention, perhaps, the sub-headline for this article refers to asbestos as the “silent killer”...

Making the Diagnosis of Mesothelioma: Leslie Litzky, MD, Pathologist (Video)

Posted on March 01, 2013
Leslie Litzky, MD, discusses the pathology behind the diagnosis of malignant mesothelioma at the 2012 Focus on Mesothelioma Conference. Her clear and concise explanation is addressed to mesothelioma patients as well as their family so that they can better understand the diagnostic testing process...

Mesothelioma Medical Update: February 2013: Two New Experimental Mesothelioma Treatment Drugs

Posted on February 28, 2013
In February 2013 we learned of two mesothelioma drugs under development for possible future use as treatment alternatives. First, from a February 12, 2013 report published online by FierceDrugDelivery, “Genelux, Sloan-Kettering test delivery of mesothelioma drug”, we were introduced to GL-ONC1, which might also eventully be used at the diagnosis stage...

Recent Medical Study Discusses New Testing Method That May Help Doctors Determine The Prognosis And Diagnosis Of Pleural Mesothelioma For Individuals With Past Asbestos Exposure

Posted on February 12, 2013
In its October 11, 2012 edition the New England Journal of Medicine (NEJM) published this article, “Fibulin-3 as a Blood and Effusion Biomarker for Pleural Mesothelioma”. From the Abstract for this 2012 medical article about pleural mesothelioma testing: Background New biomarkers are needed to detect pleural mesothelioma at an earlier stage and to individualize treatment strategies...

French Medical Study Suggests An Increased Risk Of Pleural Mesothelioma Associated With Pleural Plaques

Posted on February 05, 2013
On January 25, 2013 the Journal of the National Cancer Institute published online this article “Pleural Plaques and the Risk of Pleural Mesothelioma”, which reported on a recent French medical study concerning asbestos exposure and mesothelioma...

The Stanford School Of Medicine Approach To Malignant Pleural Mesothelioma Cases

Posted on January 28, 2013
Malignant Pleural Mesothelioma (MPM) is a rare and aggressive form of cancer that is associated with exposure to asbestos in the remote past. Generally, mesothelioma (sometimes called “meso”, for short) has a long latency period meaning that is usually not diagnosed until 15 to 50 years after the initial asbestos exposure...

Malignant Pleural Mesothelioma: Localized vs. Diffuse Disease: Range Of Survival Times After Surgical Treatment

Posted on January 21, 2013
In January 2013 the Interactive CardioVascular and Thoracic Surgery (ICVTS) medical journal published this article, “What is the survival after surgery for localized malignant pleural mesothelioma?” (Full text: Free). Here are some basic facts taken from the Abstract for this new 2013 medical article about localized malignant mesothelioma of the pleura as regards survival after treatment: Treatments for [localized malignant [...

Asbestosis Diagnosis: Determining Whether A Worker Has Asbestos-Related Pulmonary Fibrosis, Or Asbestosis, Involves Certain Medical Criteria

Posted on January 07, 2013
The diagnosis of asbestosis — which is essentially pulmonary fibrosis caused by asbestos dust or fibers — is explained in this medical journal article, “Pathology of Asbestosis?An Update of the Diagnostic Criteria: Report of the Asbestosis Committee of the College of American Pathologists and Pulmonary Pathology Society”, which was published by the Archives of Pathology & [...

Plaintiff Allowed To File An Asbestos-Mesothelioma Lawsuit Years After Filing An Earlier Asbestos Lung Cancer Case

Posted on December 31, 2012
Some States Have A “Two Disease” Or “Separate Disease” Rule That Permits The Second Case To Go Forward The Daley v. A.W. Chesterton opinion which was handed down by the Pennsylvania Supreme Court in 2012 discusses the so-called ?two disease? or ?separate disease? rule...

Researchers Describe The Development Of A New Early Diagnosis Test That Can Identify Malignant Mesothelioma In Asbestos-Exposed Individuals

Posted on December 20, 2012
Malignant mesothelioma is caused by exposure to asbestos dust and fibers.  Unfortunately, is a highly lethal disease because most cases of mesotheilioma (or “meso”) are diagnosed at a clinically advanced stage. One way of improving outcomes for patients with malignant mesothelioma is finding methods of early diagnosis in people at risk of developing because of [...

Secondhand Asbestos Exposure, Or Household / Indirect Exposure To Asbestos, Might Give Rise To An Asbestos Lawsuit For Legal Compensation

Posted on December 11, 2012
Family members of workers who worked with or around asbestos-containing products may have had so-called secondhand asbestos exposure — also called household or indirect exposure to asbestos dust.  For example: A wife washing the asbestos worker?s dusty clothing; or, even more unexpectedly, The children giving a welcome-home hug each day to their father while he [...

There Is No Standard Treatment Regimen For Malignant Pleural Mesothelioma, But There Is Now A Move Away From Radical Surgery Towards Alternative Therapies

Posted on November 30, 2012
New European Medical Study Indicates That Some Non-Surgical Options Such As Chemotherapy And Pleurectomy / Decortication Can Extend Meso Patients Survival Times The November 21, 2012 edition of the medical journal Interactive CardioVascular and Thoracic Surgery (ICVTS) included an article about the evolving treatment approach for patients diagnosed with malignant pleural mesothelioma (MPM), “Multimodal therapy of malignant [...

Asbestos Lung Cancer Cases: Number Of Filed Lawsuits Increasing Across The U.S.

Posted on November 25, 2012
In Recent Years And Going Forward, Malignant Claims Such As Mesothelioma And Asbestos-Related Lung Cancer Will Continue To Lead Asbestos Litigation New Filings While malignant mesothelioma (“meso”) claims get the most attention in the ongoing asbestos litigation, the asbestos lung cancer lawsuits are significant legal claims, also...

Amatuximab: FDA Approves New Drug For Malignant Pleural Mesothelioma Treatment In November 2012

Posted on November 13, 2012
The FDA has approved Amatuximab to treat patients with malignant pleural mesothelioma, the most common form of mesothelioma (sometimes referred to as “meso” for short). In more detail, Amatuximab (MORAb-009) is a monoclonal antibody designed to target mesothelin, a cell surface glycoprotein associated with cell adhesion that is overexpressed in certain types of cancer, including: mesothelioma; [...

The Number Of Malignant Mesothelioma Cases Diagnosed Each Year In The U.S. Is At An All Time High

Posted on November 08, 2012
Unfortunately There Will Be An Estimated 2500 to 9300 New Cases Of Mesothelioma Annually Over The Next 20 Years According to the following sources and projection models, the number of newly diagnosed asbestos-mesothelioma cases is at an all time high and this alarming situation will likely remain with us for the next 40 years or [...

The Standard of Care for Mesothelioma Continually Evolves As New Treatments For Mesothelioma Are Investigated

Posted on November 01, 2012
This short video presentation (1.5 minutes) from September 2011 by Paul Baas, MD, PhD, a thoracic oncologist in the Division of Medical Oncology of the Netherlands Cancer Institute in Amsterdam, discusses how and why the standard of care for mesothelioma patients is constantly evolving...

News Report Of Two Mesothelioma Deaths Show Similarities And Differences In These Types Of Asbestos Cases

Posted on October 31, 2012
An October 30, 2012 article, “Two more die from “dreadful” mesothelioma”, published by a newspaper in the United Kingdom (UK) serves to show how asbestos-mesothelioma cases can be very similar yet very different in their sets of relevant facts...

Photodynamic Therapy (PDT) After Surgery May Be One Of New Options For Treatment Of Pleural Mesothelioma

Posted on October 29, 2012
A recent medical journal article, “Photodynamic therapy for malignant pleural mesothelioma.”, which was published in the October 1, 2012 edition of Journal of the National Comprehensive Cancer Network discusses how photodynamic therapy (PDT) after surgery may be one of the preferred treatment options for malignant pleural mesothelioma...

An Asbestos-Mesothelioma Death In The UK Hits Home With Anyone Who Has Lost A Loved One To An Asbestos Disease

Posted on October 24, 2012
The title of this news article from the United Kingdom (UK) speaks to all who have been affected by asbestos and mesothelioma, regardless of where one lives:  ’He just hoped he would be one of the lucky ones.  We were all devastated that he wasn?t’...

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