Nkeno Kapya asked:


What is pericardial mesothelioma ?

It is a cancer caused by the inhalation of asbestos dust, and is the most rare of mesothelioma cancers. It accounts for about 5% of all cases.

Its period of latency (time it takes for the symptoms to show) is approximately 30-50 years. Symptoms are similar to other diseases such as pneumonia whilst in the early stages. This makes it rather difficult to diagnose and treat.

What are the treatment options for pericardial mesothelioma ?

There are three options available for an individual diagnosed with this cancer; surgery, radiation and chemotherapy. A patient will first require a doctor’s evaluation to determine which treatment option is suitable for him.

What are my chances of survival from pericardial mesothelioma ?

It is important to stress that once you start experiencing the symptoms of pericardial mesothelioma (shortness of breath, chest pains, coughing up blood, and palpitations) you should immediately seek specialized help.

The prognosis of pericardial mesothelioma depends largely on how early the cancer is detected. Should you be diagnosed in the later stages of development, your chances of survival could be very slim (usually a few months).

Can you go through each of the treatment options ?

Radiation - large doses of radiation are used to kill the cancerous cells on the pericardium. The disadvantage of using radiation to treat pericardial mesothelioma is that the vital organs close to the heart are also being damaged.

Surgery - this can be divided into two parts; aggressive surgery & palliative procedures. Aggressive surgery involves the removal of the cancerous cells from the pericardium. This procedure is only performed by an extremely skilled surgeon as the cells are usually located in close proximity to the heart and lungs. Any small mishap can have a fatal outcome.

Palliative procedures are used in the latest stages of pericardial mesothelioma. They serve the sole purpose of relieving the symptoms since the cancer is almost incurable at this stage.

Chemotherapy - drugs are used to kill the cancerous cells. Unfortunately, the majority of drugs used to treat pericardial mesothelioma have an extremely low success rate. Pharmaceutical companies are conducting trials to come up with the right combination of drugs that can produce better results for treating pericardial mesothelioma.

You also have dual therapy which is just a combination of the three methods. Cancerous cells are removed by means of surgery, then the remaining cells are killed off by radiation and chemotherapy. Although still dangerous, dual therapy has demonstrated a higher success rate than using the three individual methods alone.



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Despite extensive historical documentation that asbestos exposure causes severe health conditions, the hazardous mineral was heavily mined and processed into thousands of industrial and domestic products for its many advantageous chemical properties. Starting in the late-1800s, commercial asbestos mines began to open across the world. The flourishing Industrial Revolution promoted vast innovation in the application of asbestos, and the companies involved in the production of these products began to see ever-increasing profits. Soon the asbestos business developed into a major industry, boasting unbelievable profit margins and employing thousands of workers.

Though the industry would like to contest otherwise, asbestos companies were not in the dark about the health implications of asbestos exposure. All it takes is the reading of a few important internal documents to recognize the asbestos industry was fully aware of the dangers of asbestos.

Early Twentieth Century Proof of Asbestos Hazards

Within the first decade of the 20th century, a London physician found asbestos fibers in the lungs of a young man employed by a textile factory who died at age 33 from the first diagnosed case of asbestosis. In 1917, the University Of Pennsylvania School Of Medicine found lung scarring in asbestos factory workers. A year later, a report issued by the U.S. Bureau of Labor Statistics claimed that, due to the early deaths of young asbestos workers, insurers were denying coverage based on the “assumed health-injurious conditions.” Several years later, the British Medical Journal began publishing numerous medical papers on asbestosis, reporting indisputable links between asbestos, cancer, and death.

The Cover-Up Begins

Countless documents such as the following have provided clear evidence that the asbestos industry was completely aware that asbestos exposure causes serious health problems-and it is these documents that have helped to prove the negligence of such companies in the court room.

By the 1930s, asbestos manufacturers undoubtedly knew asbestos exposure bears fatal implications. In 1934, Aetna Insurance noted asbestos exposure led to “permanent disability followed by death.” By the late-1940s, it was medically accepted that exposure to asbestos could cause lung cancer, asbestosis, and mesothelioma. Yet, instead of offering protection or adopting safety standards, asbestos companies concealed the truth from the public and press, as well as their employees. There were incidents of employees’ health being monitored without their agreement or awareness, and asbestos companies even rewrote study results to keep the dangers secret. Asbestos companies even incorrectly labeled their products with full intention of concealing hazards, and some didn’t bother to label at all. In 1949, a document from Exxon declared a causal relationship between asbestos exposure and lung cancer, among other diseases as well.

A revealing National Gypsum Co. internal document from 1958 states, “…just as certain as death and taxes is the fact that if you inhale asbestos dust you get asbestosis.” Despite this knowledge, companies still placed countless workers at risk, and even terminated relationships with those who stood in their way. For example, a doctor who was hired to report asbestos hazards to Philip Carey Manufacturing was fired in 1964 after establishing association between asbestos and cancer. In a 1966 memo from the purchasing director of Bendix Corporation addressed to Canadian Johns Manville, the director states, “…if you have enjoyed a good life while working with asbestos products why not die from it.”

In 1972, a W.R. Grace executive expressed his company’s position in an internal memo, stating “our present policy is to tell no one anything.” The following year, Union Carbide instructed its personnel to inform customers that “asbestos is not a carcinogen.” In the same year, the company’s medical department advised them to stop downplaying asbestos dangers in marketing campaigns, but the company ignored the warnings. During a 1973 meeting of the Asbestos Textile Institute, industry representatives acknowledged that thousands would face fatal consequences in the future, but “the good news” was that “few people have been paying attention.” Even as late as 1980, DuPont requested that physicians remove the word “asbestos” from x-ray stamps and replace it with term “irritant.” By this point, many companies ceased performing studies since they were all too aware of the results, and focused on suppressing public knowledge.

Clearly, attempts to deny pre-existing knowledge of the hazards of asbestos exposure are contrived and unfounded.

Everyone who decides to pursue legal options for exposure to asbestos hopes that the outcome will be positive and will involve some monetary compensation that will help address expenses such as medical bills, loss of income, and funds for survivors of the victim.

The compensation from mesothelioma lawsuits runs the gamut from small amounts to very sizeable sums in the millions of dollars, but every case is different from the next, and it’s often difficult to predict what compensation might entail and whether or not the plaintiff will even receive a settlement verdict in their favor. However, an experienced asbestos attorney is well-equipped to decide whether your case is viable and likely to be awarded compensation.

Settlements

Once your attorney files the proper papers for your asbestos lawsuit, the defendant(s) can respond in a number of different ways. While they may deny guilt, they also may admit responsibility and offer to make a monetary settlement without going to court. If this is their wish, their attorney will contact your attorney with details of the settlement. Your attorney will carefully review the settlement offer and decide whether it is in your best interest to accept the terms. They will explain the terms to you carefully, and if you decide together that it is acceptable, you will sign the appropriate papers and the case will be closed. At this point, you will not go to trial and cannot sue the defendants again. In the case of multiple defendants, some may offer a settlement while others may choose to go to trial.

Trial Verdicts

If defendants do not want to settle out-of-court, your case will go to trial. At the close of the trial, the defendant will be found guilty or not guilty. If the defendant is found guilty, monetary compensation will usually be awarded to the plaintiff. There is no set mesothelioma compensation, so what you receive will depend on your individual case and such factors as medical bills and lost income.

Once the compensation is determined, the defendant has the right to appeal the award. This will stall the receipt of the money, though the defendant will need to post “bond” for the amount awarded. The appeals process can be quite long so it may be some time before any money is dispersed. If the appeal is successful, the defendant will not have to pay and the case will be considered complete.

Bankruptcies and Trust Funds

Throughout the last few decades, many companies that produced asbestos products have declared bankruptcy due to an onslaught of mesothelioma lawsuits filed against them. That doesn’t mean that the company has no money it all; it just means they may be unable to come up with funds to address all the lawsuits against them, and as a result, they file for bankruptcy in federal court. This typically indicates their liabilities exceed their current assets.

In many cases, what has arisen from these bankruptcy cases is the formation of mesothelioma compensation funds - sometimes referred to as trust funds. These are formed when the court orders these companies to set up funds for asbestos victims to be compensated.

While these funds are certainly a positive step towards taking care of those sickened by exposure to asbestos, there can be problems with these accounts when they are under-funded and cannot accommodate the needs of all victims. Also, it can take a little while to collect compensation from these trust funds, which is why it is best to seek the assistance of an experienced mesothelioma lawyer.

VA Claims

Many individuals who served in the military were exposed to asbestos, especially those who worked in shipbuilding during World War II. These veterans have a right to file a claim with the Veterans Administration seeking compensation for the injuries developed while serving their country. The Veterans Assistance Department at Asbestos.com offers free assistance with filing claims, as the paperwork can be confusing and complicated. F

For the greatest opportunity to receive a large sum of compensation, victims of asbestos-related disease should hire a lawyer who is experienced in this very unique arm of the law. The differences between mesothelioma and other work-related hazards are vast, and attorneys who are experienced in this arena already have research and supportive evidence at their disposal. Mesothelioma attorneys also have contacts with other organizations that are active in the fight for workers’ rights concerning asbestos-induced disease, such as the Occupational Safety and Health Administration, the Federal Railroad Administration, AFL-CIO, and the National Transportation Safety Board.

Attorneys who focus on these cases compare the victim’s situation against local, state, and federal regulations, in conjunction with historical standards (such as the Safety Appliance and Boiler Inspection Act). An experienced attorney can offer an expert opinion regarding an individual’s case, and whether it should be heard in from of a jury trial. It has been found that jury trials rule on the side of the plaintiff in most cases, and award higher damages than those received in out of court settlements. This is largely due to professional legal presentation of data regarding the asbestos industry’s negligence, as well as statistics of those who have been affected.

The more familiarity a lawyer has with the details associated with asbestos exposure, the better position he or she is in to prove the victim was unaware of the dangers of exposure and is thus deserving of a fair compensation. Since it is impossible to put a monetary amount on anyone’s lifespan or quality of their last years, “fair” compensation should be generous enough to pay for all necessary medical care, psychological support for the victim and their family, skilled nursing or long-term care, and additional sums to compensate for the pain and suffering caused to all involved.

How to find a Mesothelioma Attorney

A lawyer should be chosen that meets most of an asbestos-exposure victim’s needs: proximity, reputation, convenience of meeting times, and rate. It is important for those filing a claim to experience feelings of comfort and trust with the lawyer, and a sense that communication will remain clear, open, and timely. The plaintiff owns the case, and as such, should be consulted by the lawyer prior to any legal decisions. It is important to be wary of any lawyer who says the case can “definitely” be won, since it is impossible to guarantee such a decision with any lawsuit. Though there is no way to guarantee a case, with a competent and experienced mesothelioma attorney, a much better opportunity exists for victims to win their cases.

The extensive resources at Hereoffer excellent referrals for some of the most experienced asbestos and mesothelioma attorneys in the nation.

Mesothelioma Lawsuits

A diagnosis of mesothelioma can be hard to accept for any individual, no matter how much a person may have mentally prepared for the possibility of having the disease. Indeed, many who develop mesothelioma know they were exposed to asbestos during their career and the possibility of developing this type of cancer often lingers in the back of their mind.

Once a diagnosis is made, there is certainly much to think about. First and foremost, patients and their families will want to find out exactly what they should do to combat the disease. This will likely involve several meetings with a variety of doctors. However, there’s one more individual that a mesothelioma victim should consider meeting - a reputable and knowledgeable attorney who is well-versed in the specifics of asbestos and mesothelioma cases.

After the meeting occurs, and if it is decided that a mesothelioma lawsuit is feasible, the victim and their family will most likely want to know what’s ahead for them as far as legal proceedings are concerned. While everyone’s case will be different, there are a number of steps that will happen for nearly everyone that files an asbestos-related lawsuit with a mesothelioma attorney. For the most part, the process follows these steps:

Preparation

This step is exactly what the name implies; the process of getting ready for the lawsuit to proceed. Preparation will involve the gathering of pertinent material to determine which direction the case will go. (Some of this will occur before the decision to file is made, so it’s best to be equipped for the initial meeting with as much information as possible.) Once a suit is deemed viable and an attorney is hired, the client will be asked to sign a variety of paperwork that will represent a binding agreement between the client and the law firm.

Filing

Mesothelioma Lawsuits

A diagnosis of mesothelioma can be hard to accept for any individual, no matter how much a person may have mentally prepared for the possibility of having the disease. Indeed, many who develop mesothelioma know they were exposed to asbestos during their career and the possibility of developing this type of cancer often lingers in the back of their mind.

Once a diagnosis is made, there is certainly much to think about. First and foremost, patients and their families will want to find out exactly what they should do to combat the disease. This will likely involve several meetings with a variety of doctors. However, there’s one more individual that a mesothelioma victim should consider meeting - a reputable and knowledgeable attorney who is well-versed in the specifics of asbestos and mesothelioma cases.

After the meeting occurs, and if it is decided that a mesothelioma lawsuit is feasible, the victim and their family will most likely want to know what’s ahead for them as far as legal proceedings are concerned. While everyone’s case will be different, there are a number of steps that will happen for nearly everyone that files an asbestos-related lawsuit with a mesothelioma attorney. For the most part, the process follows these steps:

Preparation

This step is exactly what the name implies; the process of getting ready for the lawsuit to proceed. Preparation will involve the gathering of pertinent material to determine which direction the case will go. (Some of this will occur before the decision to file is made, so it’s best to be equipped for the initial meeting with as much information as possible.) Once a suit is deemed viable and an attorney is hired, the client will be asked to sign a variety of paperwork that will represent a binding agreement between the client and the law firm.

Filing

The first official step in the lawsuit is the filing of a legal document in the proper jurisdiction, informing the defendant(s) of the suit against them. The document will outline all of your intentions, including any requests for monetary compensation from the defendant. Once the suit is filed, the defendant will have a certain amount of time to respond. They may respond in one of two ways: they will either deny responsibility or make a motion to dismiss the complaint. Many mesothelioma attorneys warn that defendants often try to use the latter response as a “stall tactic,” especially when the plaintiff is terminally ill and near death.

Discovery

This is the time between the filing of the suit and the trial or settlement. Discovery involves the filing of motions, the taking of depositions, and the gathering of more detailed information, such as medical records and other important documents. During this time, the defendant may submit questions to be answered by the plaintiff and vice versa. Remember, however, that as a plaintiff, you will never be on your own. Your attorney will handle practically every step of the mesothelioma lawsuit.

Trial

Some mesothelioma lawsuits will not go to trial but will be settled with the defendant(s) outside of court. For many, that is the desired outcome. However, some cases do go all the way to trial, and in the case of multiple defendants, some defendants may settle out of court while others will prefer a trial. Below is a list of some of the parts of a typical trial:

• Jury selection (parties to the suit will not be present for this)
• Opening statements by attorneys for plaintiff and defendant
• Plaintiff evidence is presented and witnesses testify
• Defendant evidence is presented and witnesses testify
• Rebuttals
• Closing statements by both parties
• Judge’s instructions to jury before deliberation
• Deliberation by jury
• Reading of the verdict

Appeals

If the jury finds in favor of the plaintiff, the defendant(s) may choose to file an appeal. This will stall any monetary award that is made by the jury; however, the defendant must post bond for any financial awards deemed appropriate by the jury. If the defendant does not appeal, the plaintiff often starts receiving payments within a few months of the completion of the trial.

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