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Chinese Translation News

Mesothelioma Lawsuits and Asbestos Verdicts: the $250 Billion Settlements

With more and more people dying from mesothelioma, a form of cancer that is almost always caused by exposure to asbestos, mesothelioma related litigations are expected to increase in number, causing an increased amount of settlements.  Some estimates expect that the total settlements would reach $250 billion.

by Samuel Chong
December 6, 2009

Los Angeles, CA. In September 2009, the asbestos case involving Kenneth W. Jackson, a former combustion worker, was decided by a panel of jurors in favor of the plaintiff, giving a $1.4 million dollar verdict against National Service Industries, doing business as North Brothers.

Recently, an appellate court in California has upheld a verdict of $20 million which was previously awarded to Joan Mahoney, a mesothelioma patient, and her husband. And, Henry Barabin, a former paper mill worker and his wife have been awarded $10.2 million in a mesothelioma lawsuit in Washington over exposure to asbestos fibers from dryer fabrics during his nearly 40 year career.

Over 2,000 people are diagnosed with mesothelioma each year in the United States, and there are a number of lawsuits pending against the companies and manufacturers which allowed asbestos to be used on work sites without informing their employees or consumers of the dangers of the material.

From the $53 million verdict in 2002 for Stephen Brown's family his asbestos exposure as a brake mechanic resulting in his mesothelioma to a 2008 Philadelphia jury awarding $25.2 million in compensatory and punitive damages to compensate for malignant mesothelioma deaths, millions of settlements have been given to families of mesothelioma victims.

The asbestos are known and confirmed to cause mesothelioma.  The culprits in the asbestos are the asbestos fibers, which are sharp and needle-like, have the ability to penetrate into the lungs and the mesothelium—a membrane which surrounds and protects the lungs—causing scarring and abnormal cell division. Mesothelioma, the resultant cancer, is particularly resistant to treatment and is currently considered incurable. Some of the symptoms of mesothelioma include chest or rib pain, wheezing, breathing difficulties, and cough. Chemotherapy and radiation can be administered to help slow the spread of the disease and make the patient more comfortable, but also have such adverse side effects that many patients opt not to undergo these treatments.

Asbestos-related cases increased significantly on the U.S. Supreme Court docket after 1980. The U.S. Supreme Court has dealt with several asbestos-related cases since 1986. Two large class action settlements, designed to limit liability, came before the Court in 1997 and 1999. Both settlements were ultimately rejected by the Court because they would exclude future claimants, or those who later developed asbestos-related illnesses.

Congress is still considering legislation from 2005 entitled the "Fairness in Asbestos Injury Resolution Act of 2005". The Act would establish a $140 billion trust fund to supplant litigation as a means to compensate victims of asbestos and limit liability. On April 26, 2005, Dr. Philip J. Landrigan, Professor and Chair of the Department of Community and Preventive Medicine at Mount Sinai Medical Center in New York City, testified before the US Senate Committee on the Judiciary against this proposed legislation. He testified that many of the bill's provisions are unsupported by medicine and would unfairly exclude a large number of people who have become ill or died from asbestos: "The approach to the diagnosis of disease caused by asbestos that is set forth in this bill is not consistent with the diagnostic criteria established by the American Thoracic Society. If the bill is to deliver on its promise of fairness, these criteria will need to be revised." Also opposing the bill are the American Public Health Association and the Asbestos Workers Union.

On June 14, 2006, the Senate Judiciary Committee Committee approved an amendment to the Act which would allow victims of mesothelioma $1.1M within 30 days of their claim's approval. This version would also expand eligible claimants to people exposed to asbestos from the September 11, 2001 attacks on the World Trade Center, and to construction debris in Hurricanes Katrina and Rita.

Asbestos litigation is the longest, most expensive mass tort in U.S. history, involving more than 8,400 defendants and 730,000 claimants as of 2002 according to the RAND Corporation, and at least one defendant reported claim counts in excess of $800,000 in 2006.

Current trends indicate that the worldwide rate at which people are diagnosed with asbestos-related diseases will likely increase through the next decade. According to the Economist, analysts have estimated that the total costs of asbestos litigation in the USA alone is over $250 billion.

Because of the asbestos related litigations as well as the verdicts favoring the plaintiffs, many companies involved in the asbestos related lawsuits have declared bankruptcy.  By the early 1990s, "more than half of the 25 largest asbestos manufacturers in the US, including Amatex, Carey-Canada, Celotex, Eagle-Pitcher Industries, Forty-Eight Insulations, Manville Corporation, National Gypsum, Standard Insulation, Unarco, and UNR Industries had declared bankruptcy. Filing for bankruptcy protects a company from its creditors." According to Asbestos Hazards Handbook of the London Hazards Centre.

What will be the future?  What do you suggest to the corporations?  What do you suggest to the victims? What are some of the most famous law firms dealing with asbestos related cases?  Who are some of the top attorneys and expert witnesses? We would like to hear from you. Therefore, please write to us.

Attorneys specializing in mesothelioma and asbestos related litigations (want to be listed here? write to us) :

Mordecai D. Boone
Gordon & Rees LLP

San Francisco
275 Battery Street
Suite 2000
San Francisco, CA 94111
Ph: (415) 986-5900
Fax: (415) 986-8054

Mordecai Boone, a partner in Gordon & Rees’ San Francisco office, is a member of the Environmental/Toxic Tort Group of the firm. His practice focuses on complex product liability, toxic tort, environmental and business litigation for various industries. Mr. Boone is often asked to defend his clients' interests as national counsel in cases all over the country or as regional counsel for cases in the Western United States and California.

Utilizing the latest legal technology, Mr. Boone has worked closely with in-house counsel to develop comprehensive national strategies to effectively and efficiently respond to all phases of litigation and its impact on their respective businesses. Mr. Boone has appeared in trial and appellate courts nationwide and has an established a network of local counsel. Industries defended include insurance, consumer electronics, tobacco, pharmaceutical, fire suppression, occupational safety equipment, food manufacturing, and security systems. Mr. Boone also represents several manufacturers in environmental matters throughout California.

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This article can also be found at http://www.certifiedchinesetranslation.com/09/1206-Mesothelioma-Lawsuits-Asbestos-Verdicts.html

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