Why Protect Your Rights

Asbestos companies had knowledge of the dangers of Asbestos, but used it anyway.

It has well been proven that the sole cause of Mesothelioma is asbestos, unlike many other forms of cancer which may have numerous causal factors. A person can be - and often was in the past - exposed unknowingly to asbestos while working in their trade or profession. Some people were exposed to asbestos dust in a social environment such as their home or school.

While many people are initially hesitant to pursue a legal action, we strongly urge them to do pursue their legal options. Many of the asbestos companies knew of the hazards of asbestos as far back as the 1930s and 1940s, yet failed to take the necessary precautions to notify or protect workers for decades.

A volume of evidence documenting the negligence of these companies exists including: medical literature; records from trade associations; internal corporate documents/memorandum; testimony of company employees; (de)classified military records; and other incriminating documents which evidence corporate knowledge of the hazards of asbestos.

Despite such knowledge of the harms of asbestos and the awareness that asbestos could cause irreparable lung damage, these companies failed to protect or notify workers until the late 1970s/early 1980s of the dangers of asbestos. Until this point, however, many asbestos manufacturers actively conspired to keep knowledge of the hazards of asbestos a secret. Moreover, it was not until a prompting by the federal government in the late-1970s that many of the asbestos companies addressed the health concerns related to asbestos exposure.

Treatment for Mesothelioma is Expensive

Receiving a diagnosis of Mesothelioma is difficult and overwhelming for loved ones, requiring immediate decisions related to medical care and treatment. Compounding this anxiety, however, are financial concerns related to medical care. More specifically, will private insurance, Medicare/Medicaid, and VA, etc. cover the necessary costs of medical care and treatment.

Conventional treatment for Mesothelioma includes surgery, radiation and/or chemotherapy. Experimental therapies include Gene therapy, Multimodality Therapy, Immunotherapy and/or Photodynamic Therapy. There are also various holistic or alternative medicine treatments to consider. Whatever treatment is pursued, however, the medical costs and related expenses (air travel; hospital parking; meals; lodging; co-pays; dietary restrictions/requirements; etc.) can be quite high. Repeated hospital stays, scans, x-rays, blood work, etc. may be required as medical care progresses. Temporary/permanent nursing care may become needed at some point in the future. Medical equipment (hospital bed, wheelchair, oxygen, walker, etc.) may need to be purchased to modify the home for safety reasons.

As costs for medical care and treatment continue to rise nationally, insurers are now limiting or rejecting what is deemed a “covered expense,” however. As a result, treating doctors are limited in terms of the medical care and treatment options they provide to those suffering from Mesothelioma. Generic medication is being dispensed in lieu of brand-name medication to save on insurance costs. Moreover, follow-up medical testing (PET scans, etc.) are done with less frequency to save on insurance costs.

Exercising your legal right to compensation can help defray the costs associated with mesothelioma treatment. Those diagnosed with mesothelioma should receive the very best medical care and attention. Cost should not be a factor in determining what care is received.

Protect Your Loved Ones

Once a diagnosis of Mesothelioma is rendered by a treating doctor, Mesothelioma patients and their families suffer greatly and experience on-going loss, both economic and non-economic. Economic loss includes the financial damages from the illness (cost of medical care and treatment, lost wages, loss of household services, and other miscellaneous expenses). Non-economic loss can include loss of love, companionship, enjoyment of life, pain and suffering, and anxiety/stress.

Pursuing a legal claim can alleviate many of the financial burdens related to medical bills, loss of income and present financial obligations. Additionally, lawsuit settlement proceeds can be used to provide financial security for loved ones (a spouse, child, grandchild, etc.) in the future. By pursuing a legal claim, you can protect your family from being strapped with future financial burdens.

Settlement funds received from pursuing a legal claim can impact greatly on the degree of medical care and services received and allow for the very best treatment. Moreover, settlement funds can allow you and your family to maintain your current lifestyle (i.e. mortgage/rent, car payment, living expenses, etc.). Most significantly, settlement funds can provide a sense of financial security for your family by ensuring that they will be financially stable in the future.

Seek Quality Legal Representation

If you do commit to pursuing a legal claim, you should select a law firm that is dedicated to providing competent and compassionate legal counsel to mesothelioma clients and their families. The firm you choose should have specific experience handling mesothelioma cases and should have a proven track record of securing high settlement values on behalf of their clients.

More importantly, the firm you choose should not allow the legal process to interrupt or impede her clients' medical care and treatment in any way. They should have the patient’s health and treatment always at the forefront of their thoughts. Lastly, they should strive to make the legal process a low stress affair for both the patient and their family to every extent possible.