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Rabu, 14 Maret 2018

Veterans & Mesothelioma

Veterans & Mesothelioma

Veterans and MesotheliomaVeterans can develop mesothelioma as a result of asbestos exposure during their military service. 30% of of all Americans with mesothelioma cancer are veterans who were exposed while on active duty.

Millions of individuals have served the United States as members of the armed forces, representing all five branches of the US military (Army, Navy, Air Force, Marines, and Coast Guard). Throughout the decades, these individuals have faced numerous hazards during their years of service, one of which was exposure to the naturally-occurring, yet toxic, substance known as asbestos.

Tens of thousands of veterans who worked with asbestos while in the United States Armed Forces have been diagnosed with some type of asbestos-related disease, including asbestosis and mesothelioma—the latter a particularly difficult-to-fight asbestos cancer that affects the lining of the lungs (pleural mesothelioma), abdomen (peritoneal mesothelioma), or heart (pericardial mesothelioma). Of all the individuals in the United States that have been diagnosed with mesothelioma cancer, the veteran population has been affected the most.


Asbestos Exposure Causes Mesothelioma in Veterans

Asbestos, the only known cause of mesothelioma, was used by the U.S. military in literally hundreds of applications. The accessibility of this natural mineral coupled with its low cost, superior heat and fire-resistant properties, and ease of industrial application made it the product of choice in the military. To provide an example of the extent of asbestos use and exposure, it is estimated that during the years 1930 through 1978, as much as 25 million tons of asbestos were utilized by U.S. shipyards where over 4.5 million workers were employed—many of those members of the military.

Exposure to asbestos was unavoidable for some military personnel which is the reason why mesothelioma remains one of the most serious diseases affecting veterans today—particularly those individuals who served between World War II and the Vietnam War.

Asbestos was found in predictable areas such as the engine and boiler rooms of ships where it was used extensively as an insulation material. However, this carcinogenic substance was not limited to these areas. Asbestos could also be found in other unforeseeable locations, including sleeping quarters and mess halls where military personnel enjoyed leisure time.

Identify Asbestos Use and Exposure by Military Branch


Army
Army veterans spent considerable time in government-constructed military installations and vehicles that were built using asbestos-containing materials prior to the 1970s.

Navy
Navy veterans are at the greatest risk for developing mesothelioma as asbestos was widely used in naval ships and shipyards from the 1930s through the 1970s. Asbestos was a key component in over 300 materials used aboard Navy ships

Air Force
Asbestos was commonly used in aircraft braking systems and as an insulator for engines. Veteran Airmen that serviced planes are at particular risk of contracting diseases such as pleural mesothelioma due to their interaction with such parts.

 Marines
The amphibious nature of Marine Corps missions is supported by Navy warships, and such vessels were constructed with a wide variety of asbestos-containing products.

Coast Guard
Coast Guard veterans were exposed to asbestos in many of the same ways as their fellow comrades in the Navy—primarily aboard ships and in shipyards where the extent of asbestos use was widespread.

U.S. Navy — Highest Risk Group for Mesothelioma Among Veterans

During the years of World War II and the Korean War, shipbuilding was at its peak. In fact, about 4.3 million Americans worked in shipyards during World War II. The daily tasks shipyard workers were required to perform placed many of them at risk for developing asbestos-related diseases.

Navy veterans were exposed to high levels of asbestos present in many areas of navy ships including boiler rooms, engine rooms, galleys and sleeping quarters. While the soldiers who lived and worked aboard the ships - including gunmen, boilermen, and firemen - were susceptible to inhaling asbestos, those who built and repaired the ships were even more prone to developing diseases associated with the toxic mineral. They were tradesmen such as pipefitters, plumbers, mechanics, shipfitters, electricians, welders and boilermakers to name a few.

There have even been instances where military base secretaries, and others who did not work directly on ships, developed mesothelioma cancer through second-hand asbestos exposure. Second hand exposure occurs when asbestos dust is inhaled from the clothes and hair of others who worked with asbestos on the base or from an abundance of asbestos circulating through the air. Loved ones of shipyard workers have also been known to develop the disease due to the same type of secondary exposure.

Navy Posts with High Risk for Asbestos Exposure
  • Boiler Tender
  • Gunner/Seaman
  • Fireman (in engine room)
  • Boilerman
  • Engine Mechanic
  • Shipfitter (First Class Petty Officer, E6)
  • Seabee (military construction)
  • Housewife (exposed by asbestos dust on husband's laundry)


Asbestos Exposure to Mesothelioma Diagnosis: A Waiting Game for Veterans

The latency period—the time from initial exposure to asbestos to the onset of symptoms indicative of disease—for mesothelioma can range anywhere between 15 to 50 years. Essentially, this disease can remain dormant for several decades. Thus, many veterans who served during the 1950s to the 1970s are just being diagnosed with the disease.

These brave men and women were unaware that they would face a terminal illness in their later years when they had hoped to be enjoying retirement and extra time with their family. Mesothelioma is a particularly difficult disease to battle, and though there have been great advances in the area of mesothelioma treatment in recent years, the overall prognosis for the disease is not a favorable one.


If I am a Veteran with Mesothelioma, What Can I Do?

While the Veterans Administration offers some guidance to afflicted personnel, it is clear that more must be done to support veterans with mesothelioma, including compensation for medical expenses, loss of income, and suffering.

If you or a loved one needs assistance securing VA Benefits, it is often helpful to get help from someone familiar with the process. We encourage you to request more information, about filing an asbetsos-related VA claim.

source: https://www.mesothelioma.com/veterans/
Senin, 12 Maret 2018

Living With Mesothelioma

Living With Mesothelioma


A mesothelioma diagnosis can affect the mental, physical and emotional aspects of your life, but with the right attitude and proper information, it is possible to overcome these challenges. Survivors and caregivers share how they manage this rare type of cancer.

Dealing with a cancer diagnosis, especially one as rare and aggressive as mesothelioma, can affect your life in many ways. Patients, caregivers and family members may feel overwhelmed, anxious, confused or angry about the many challenges ahead.

If you’re the one diagnosed with the deadly disease, people you love may start treating you differently. These feelings and changes are normal responses to this life-changing experience.

Some take this time to reflect on their lives and make positive changes to their mental, physical and emotional health. It’s not always easy, but over time, you may find that living with mesothelioma is possible. Many survivors have found ways to cope with their diagnosis and not let it define them. We believe you can, too.
Caregivers and family members also have learned to survive these challenges.

Survivors Who Have Overcome These Challenges

Each person’s path to beating this cancer is unique. Some choose aggressive treatment, while others choose alternative medicine or a healthy lifestyle. These survivors beat the odds and overcame many challenges associated with their diagnosis.


How Mesothelioma Can Affect Your Daily Life

Just as the disease affects your body, it also can affect the way you feel, think and act. These common symptoms sometimes can complicate your daily life.

Anxiety

The illness and its treatment can alter your physical appearance. This makes some people feel uncomfortable and self-conscious. Hair loss after chemotherapy can be an emotional experience that affects a person’s confidence and possibly interferes with daily interactions with family or friends. Some find that wearing a scarf, wig or hat helps alleviate some of these worries.

Routine activities such as running errands, playing cards at the club or taking a walk down the street can become moments of anxiety and self-doubt based on appearance. Don’t feel obligated to put yourself in a situation where you don’t feel comfortable, but know that your family and friends are here to support you.

Other Side Effects of Treatment

Chemotherapy is often hard on the body. It can result in a loss of appetite, fatigue, stomach pain, shaking, trembling and a loss of balance. These symptoms may make daily routines such as cooking or climbing stairs more difficult.

The aggressive therapy can also cause you to feel tired, weak, achy or sore, which may affect your ability to stay active. Extreme fatigue may cause a decrease in your ability to maintain household chores. Although recovery from surgery may slow you down initially, a 2009 study found that surgery can improve physical symptoms rapidly, as well as quality of life.

Each person’s diagnosis is unique, as is their response to treatment. Some may be affected more than others. Make sure you talk with your doctor if you experience any side effects.


Toll on Emotional and Mental Health

While it’s important to take care of the cancer before it harms your body further, it is also imperative you take care of your mental and emotional health. Most patients, caregivers and family members experience some level of depression, anxiety, hopelessness and fear once this cancer becomes a part of their lives. This can affect relationships.

Anyone going through these emotional side effects can benefit from a support system. People who care about you and understand what you experience on a daily basis can help you cope with your diagnosis and become more aware of your emotions.


Dealing With Unexpected Changes

There are many challenges that arise after receiving a mesothelioma diagnosis. These physical and mental changes can greatly impact your daily life. Sometimes you may find that you are directing your anger or confusion at the wrong person. You may blame the doctor for not finding the cancer sooner or you may take out your frustrations on your family or friends, because you don’t think they understand what you’re going through. Sometimes you may feel pain and cancel plans with your loved ones.

These are all common responses to a major life change, but there are ways to combat the challenges of your diagnosis.



Emotional Support

Share your feelings
Sometimes you may feel that you’re out of sync with your loved ones. For instance, your loved one may feel hopeful and optimistic while you feel scared, but people react to difficult situations differently. Whether or not your feelings coincide, emotional support is important. Talking about your differences may help both of you better understand one another and allow you to better cope with this disease.

Support groups are also a great way to receive emotional support, talk about your experiences and hear advice from others going through similar situations.

Pain Management

Ways to reduce discomfort
Two surgical procedures can treat pleural effusions: Pleurodesis and thoracentesis. Both extract the excessive fluid buildup, but a pleurodesis also involves the sealing of the space where fluid collects for a more permanent solution.

A paracentesis is best for pain from peritoneal mesothelioma. It also drains removes fluid from the abdominal cavity. Pain medication, massage and deep breathing exercises also help reduce pain.

A Healthy Diet

Recover better after treatment
A nutritious diet can help you regain your energy and it can help you feel better and more in control of your life. The effects of chemotherapy can make it more difficult to eat. You may not feel as hungry or you may completely lose your appetite. Radiation can cause nausea and vomiting. Altering your diet can help combat these side effects and ensure your body is getting the right amount of vitamins, calories, proteins and carbohydrates necessary to fight back.

Exercise

Helps reduce symptoms of diagnosis
Maintaining a regular exercise schedule can promote healing. Light exercise such as walking or water aerobics can reduce some of the symptoms associated with your diagnosis, including fatigue, depression, nausea, weight loss and weakness, which may impact your daily life. Physical activity can also help you maintain healthy bones, muscles and joints, as well as promote psychological well-being.


Mind-body Treatments

Can help release stress
Fears and uncertainties about the future can cause a lot of unexpected stress in your life. Mind-body therapies such as yoga, tai chi, qigong, prayer, mediation, art and music focus on using the body to affect the mind, which can help relieve some of this stress, as well as improve sleep, ease difficulty of breathing and increase your overall quality of life.

Keep Your Options Open

Try alternative therapies
If one method of overcoming your own challenges isn’t working for you, don’t be afraid to try something different. If standard treatment isn’t enough, talk with your doctor about complementary and alternative treatment options to add to your treatment plan. If calming yoga isn’t working, try a more strenuous workout routine.


source: https://www.mesotheliomaprognosis.com/mesothelioma/living-with-mesothelioma/
Sabtu, 10 Maret 2018

Selecting a Mesothelioma Specialist

Selecting a Mesothelioma Specialist


Mesothelioma is a rare disease. You can take control of your prognosis by getting treatment from an experienced mesothelioma specialist.

Most doctors, including general oncologists, don’t encounter mesothelioma during their career. Even fewer have enough experience to properly diagnose and treat it. The most important decision you can make as a patient is to seek help from a specialist, a doctor whose expertise is mesothelioma treatment.

Some benefits of an experienced mesothelioma specialist include:


Familiarity. The top specialists deal with mesothelioma on a daily basis. When it comes to surgery or reactions to treatment, specialists encounter few surprises because of their familiarity with the disease.

Up-to-date treatments. Mesothelioma specialists are up-to-date on innovative, and potentially life-saving, treatments like HIPEC and SMART. Many mesothelioma survivors attribute their survival to clinical research their doctor was involved in.

Hope for advanced patients. Innovative treatments give patients with advanced mesothelioma, whose diagnosis doesn’t respond to traditional treatment options—a chance to improve their prognosis.


People who seek out a top mesothelioma specialist give themselves a distinct edge in beating their prognosis. A member of our Patient Help Team can review your diagnosis and help find the right specialist for you.
Choosing a doctor with enough knowledge and experience to treat this rare disease can be difficult—knowing what factors to consider when deciding which doctor is right for a patient can be much harder. The following questions will make it easier to narrow your focus and choose the right doctor.

Choosing a Doctor

General Experience

A good doctor must have extensive experience with mesothelioma, which they use to accurately diagnose, and effectively treat, the disease.
  • How many years has this doctor been in practice?
  • Does this doctor have access to top-rated facilities, and a staff who will provide support during treatment?
  • Does this doctor participate in clinical research?
  • Is this doctor board certified?

Mesothelioma Knowledge

Those diagnosed with mesothelioma need more than a general oncologist. General oncologists aren’t specialists, and although they may be able to diagnose mesothelioma, they aren’t up-to-date with the latest, life-saving treatments.
  • Does this doctor have a mesothelioma specialty?
  • Does the doctor have experience treating all stages of mesothelioma?
  • Is the doctor involved with the development of advanced treatment options or breakthroughs in mesothelioma research?
  • Can this doctor adjust treatment options to rapid changes in the cancer’s development ?

Personal and Professional Etiquette

A good doctor should look after more than a patient’s physical well-being; emotional support and bedside manner is also an important part of the treatment process.
  • Is the doctor known for being respectful towards patients?
  • Does the doctor communicate clearly?
  • Is the doctor known for listening and giving patients the time to ask questions?
  • Does the doctor consider a patient’s treatment preferences?

Traveling for Treatment

Traveling to a [top cancer center] cancer treatment centers is often worth it to receive treatment from a specialist, but it can be hard on someone undergoing treatment. If it’s located far from your home, the location of your doctor’s main treatment facility can play an important role in your decision.
  • Where is the nearest mesothelioma specialist?
  • Is there a specialist willing to collaborate with a nearby cancer center?
  • What is the estimated cost of travel to the specialist’s treatment center?
  • Does the treatment center have a good track record?
  • What financial aid is available for airfare and lodging?
  • How many mesothelioma patients has the treatment center treated?
  • Does the facility host mesothelioma research or have access to grants?
Because there are a limited number of mesothelioma doctors, and few top cancer centers, patients aren’t always able to find adequate treatment near home. Fortunately, various organizations like the Meso Foundation offer travel grants to help patients get to the treatment they need.


Clinical Trials

Researchers use clinical trials to explore new treatment methods, some of which may lead the way to a cure in the future. Top mesothelioma doctors are up-to-date on new research, and can help enroll patients in clinical trials.

Having access to new treatments is especially advantageous for patients with advanced mesothelioma that haven’t responded to traditional treatments.
  • Does the specialist’s treatment center offer clinical trials?
  • Can this specialist help qualified patients find clinical trials elsewhere?
  • How familiar is the specialist with medical research?

Top Mesothelioma Specialists


Finding an experienced mesothelioma specialist that fits your treatment needs is the best way to improve your chances for survival. In fact, every mesothelioma survivor can attribute their success to a renowned oncologist or surgeon.

Some of the top mesothelioma doctors who have led their patients to survival include:

Dr. David Sugarbaker is considered the main surgical pioneer of pleural mesothelioma. With over three decades of experience, Dr. Sugarbaker has treated countless patients. His surgical technique was the first surgery that led to significantly longer survival times in patients with pleural mesothelioma. He has been the director of several internationally renowned mesothelioma organizations during his career.

Dr. Robert Cameron is most well known for developing a lung-saving surgical procedure for pleural mesothelioma patients. In the past, mesothelioma surgeons agreed that removing the lung was a patient’s best chance for survival. Dr. Cameron challenged this belief and now his lung-saving procedure is widely used with success rates equal to the lung-removing option.

Dr. Paul Sugarbaker has help peritoneal mesothelioma patients live longer than ever. The older brother of Dr. David Sugarbaker, Dr. Paul Sugarbaker is the premier surgeon for peritoneal mesothelioma patients. His perseverance led to wide acceptance of a surgical procedure that has saved lives, the cytoreduction with heated intraperitoneal chemotherapy.

Dr. Avi Lebenthal is a respected surgeon known for his care of military veterans. Dr. Lebenthal, a former combat physician in the Israeli Army, treats patients at both Brigham and Women’s Hospital and the Boston VA Hospital. Through the Department of Veteran Affairs, he has worked hard to expand treatment, including surgery and clinical trials, for veterans.

Dr. Raja Flores is a talented surgeon with years of research into novel treatments. Dr. Flores conducted a landmark study among 663 patients with pleural mesothelioma comparing the two leading surgical procedures. The results published in 2008 showed that a lung-saving surgery had similar survival rates to a lung-removing surgery.

 source: https://www.mesotheliomagroup.com/treatment/specialists/



Kamis, 08 Maret 2018

Treatment for Mesothelioma Tips & Guide

Treatment for Mesothelioma Tips & Guide



 Treatment for Mesothelioma – Mesothelioma isn’t the exact same as lung cancer. Mesothelioma in
dogs may also be known as canine mesothelioma. It is an unusual health condition insofar as it affects humans as well as other mammals. It is an aggressive type of cancer caused by airborne asbestos exposure. Mesothelioma, regardless of the type, is rare, with about 2,000 or 3,000 men and women in the USA getting a diagnosis each calendar year, as stated by the American Lung Association.

Just like humans, diagnosing mesothelioma can be complicated. The kind of mesothelioma may also be set from the cell type which might be epithelioid, sarcomatoid or biphasic. It is particularly difficult to diagnose in the early stages. There isn’t any way to heal mesothelioma in cats or dogs, but early detection can provide you more treatment choices and a better possibility of giving them a better quality of life for so long as is left.

In rare situations, mesothelioma could be related to irradiation. In addition, it is common in male dogs than females. It has always been a devastating type of cancer diagnosis. Caused by asbestos, it has no known cure and has a very poor prognosis. There are many different forms of mesothelioma, which can be found in various pets. Sometimes it is treated with a combination of drugs. If mesothelioma in your pet or someone else in your residence is suspected or already diagnosed, you ought to be attentive to the resources that are available to you.

Much like humans the most prevalent source of mesothelioma in animals seems to be asbestos exposure. It is most commonly classified by the location in the body where it develops. Malignant mesothelioma isn’t a common sort of cancer.

In some instances, however, mesothelioma cannot be detected with ultrasounds or CT (computed tomography) as the top layer of the viscera doesn’t get penetrated. Although it is rare, it is strongly linked to exposure to asbestos so pet owners need to be aware of the asbestos risks and should take steps to minimize any possibility of exposure. It is widely known throughout the medical field as one of the most difficult cancers to treat. Treatment for mesothelioma does not normally cure the disease. Therefore, if you are afflicted with mesothelioma, Immunocal is the 100% natural supplement that won’t only potentially shrink or eliminate tumors, but it is going to definitely enhance your quality of life. The most frequently encountered types, pleural mesothelioma results from the inhalation of asbestos fibers.

Choosing Good Treatment for Mesothelioma

Treatment for mesothelioma is comparable to other forms of cancer. Regardless, treatment for mesothelioma rarely involves surgery, since it’s usually not an alternative. Treatment for mesothelioma in dogs may contain medications or surgery, if the status is severe.


Exactly like mesothelioma cases within humans, treatment is just to alleviate the animal from pain and suffering during their struggle with the disease. Chemotherapy treatments are also done to decrease the impacts of the fluid. It can also be used palliatively to reduce pain and discomfort caused by the symptoms of mesothelioma. A suitable treatment is demanded. The precise treatment of the dog will rely on the location and degree of the tumors. Effective treatment may make an important improvement in the elder person’s total health. Folks who might require Lyme disease treatment must access concrete information regarding the ailment and the way it is treated.

source: https://suchakingdom.com/232/treatment-for-mesothelioma-tips-guide.html
Sabtu, 24 Februari 2018

5 Tips for Choosing the Best Mesothelioma Lawyer

5 Tips for Choosing the Best Mesothelioma Lawyer


There are many of mesothelioma law firms to choose from but there are simple tricks to choosing the right one. There is a lot of competition among mesothelioma law firms. The high level of competition means that you have the power to choose the best law firm for you. Most mesothelioma law firms are willing to fight for your case.

The tips below could help you find a great mesothelioma lawyer who suits your needs.

1. Don’t Just Look in Your Area: Find a National Firm

Attorneys at national law firms are usually bar certified in multiple states. Instead of simply filing your case where you live, experienced mesothelioma attorneys will file your case in an area where they believe you will get the highest reward. A local firm may not have the knowledge, experience, or certifications in order to do this.

The best mesothelioma lawyers will travel to meet their clients at home. Distance should never be an issue. Many mesothelioma patients choose to see a doctor far from home in order to find an experienced specialist. Finding a law firm should follow the same logic. The best mesothelioma law firms may not be nearby, but they will be more experienced because they specialize in this type of case.

2. Choose a Firm with Experience

When you’re choosing between attorneys, be sure to ask about their experience. Choose a firm that specializes and is experienced in asbestos litigation and understands asbestos trust funds. An experienced law firm will have handled hundreds of mesothelioma cases and won millions of dollars for clients.

3. Never Pay Upfront

Look for a law firm that works on a contingency basis. This means your lawyer gets a percentage of the compensation awarded to you. If you wind up not receiving any compensation, then your lawyer does not collect fees. This type of payment pushes attorneys to get you the highest amount of compensation possible.

4. Make Sure They Will Do the Heavy Lifting

Mesothelioma patients and their families have a lot on their plates. Make sure to choose a firm that understands that and will work hard on your behalf. Choosing to go through with a lawsuit may seem daunting but quality law firms do almost all of the work for you.

Your attorneys should do everything from traveling to visit you to researching your asbestos exposure. The most difficult task for clients might be participating in a deposition, which is a recording of your testimony to be used as evidence. After that, your participation should be minimal.

5. Pick A Good Communicator

Your attorney should be someone you trust and feel comfortable with. When you choose a doctor, you factor in their bedside manner and the quality of their staff. You should have a good rapport with your attorney and their staff as well. They should be easy to talk to, good at explaining your case, and respond to you in a timely manner.



Don’t hesitate to ask hard questions. If a law firm can’t answer your questions, or isn’t available to talk to you, you can probably find a firm that will.

Have Questions About Your Legal Options?

At Mesothelioma Guide, we help mesothelioma patients with every step of their cancer journey, including their legal cases. We’re in contact with some of the best mesothelioma attorneys in the country. Our patient advocates can help you get connected to a top mesothelioma lawyer.

You deserve the best possible attorneys. The truth is, lawyers want mesothelioma cases because they are valuable. This helps keep lawyers competitive. A quality lawyer will work hard to get you the most compensation possible, and their reward is built in. Compensation won’t erase mesothelioma, but it will help you pay for medical bills and support your family.

Source: https://www.mesotheliomaguide.com/community/5-tips-choosing-best-mesothelioma-lawyer/
Minggu, 18 Februari 2018

Mesothelioma Settlements

Mesothelioma Settlements


A lot of mesothelioma patients are hesitant to file a lawsuit, fearing their case may take a long time to resolve. However, most mesothelioma claims are settled out of court.

What Are Settlements?

Mesothelioma settlements are awarded to victims of asbestos exposure who developed mesothelioma. Settlements are monetary amounts agreed to by both parties to avoid a trial. Because there is a high degree of uncertainty in trials, settlements are a surefire way to receive compensation.


Benefits of Settling

Receive a Negotiated Sum
The primary benefit of mesothelioma settlements is receiving an agreed upon sum of money. Going to trial is risky because the outcome is placed in the hands of a judge and jury, whose opinions may be swayed.

Avoid a Lengthy Trial
Trials move slowly, and unfortunately time is not a resource most mesothelioma patients have. Taking settlements expedites the payout process, and that money may provide funding for better treatment.


Settle in Private
One of the disadvantages of trials is they are public. Settlements allow you to keep your compensation private.

How Much Are Settlements Worth?

Settlements vary in amount from case to case and out of court settlements are rarely made public. However, there are several estimates of mesothelioma settlement amounts made through policy research. A report by the Rand Corporation in 2005 found that the overall compensation for mesothelioma lawsuits rose sharply in the 1990s.

Average mesothelioma settlement:

Mesothelioma settlements vary greatly depending on the extent to which a patient came in contact with asbestos. On average, total settlement amounts estimate between about $750,000 and $1 million.

Settlements may be worth even more now. Mesothelioma settlement amounts are decided based on many factors and some of these factors tend to go up in value over time. Medical expenses, lost wages, and debt caused by lost wages have all potentially increased in value since 2007. Also, increasing life expectancies can cause an increase in potential lost wages.


How Are Settlements Determined?

The amount of compensation depends on various factors involved in the negotiation of the settlement with the asbestos companies. Every settlement is different and some factors may be more important to than others in negotiating a settlement, but there are certain topics consistently covered in every case.

Factors include:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Asbestos exposure history
  • Diagnosis
  • Accumulation of debt from lost wages
  • Minor children and other dependents

Settlements Process

A mesothelioma settlement is an agreement made between the patient or patient’s family and the at-fault asbestos company. Settlements are made to avoid going to trial. Every mesothelioma lawsuit progresses as if it is going to trial, and there are quite a few steps involved in this process. The steps of mesothelioma litigation include discovery of evidence, depositions and pretrial motions.



During this part of the lawsuit process, mesothelioma attorneys try to force the hand of the asbestos companies into offering an acceptable settlement. This involves a lot of formalities and negotiations, but both parties usually intend to settle unless it’s under precarious circumstances. An overwhelming majority of all lawsuits, including mesothelioma lawsuits, are settled out of court.


Should I Take My Case to Trial?

Mesothelioma cases go to trial when the plaintiff and the asbestos company can not settle on the amount of compensation. This is rare, as most mesothelioma cases are resolved out of court; there is generally more than a preponderance of evidence in favor of the patient, encouraging asbestos companies to settle.

The primary disadvantages of going to trial are the uncertainty of compensation, the expense and the length of time the process takes, so settlements are sought out the majority of the time. However, every mesothelioma case is different and it could potentially benefit a patient to seek a verdict.


Source: https://www.mesotheliomaguide.com/compensation/settlements/

Sabtu, 17 Februari 2018

Mesothelioma Settlement Process

Mesothelioma Settlement Process



Every year, scores of asbestos companies settle lawsuits with mesothelioma victims to avoid costly public trials. The resulting settlement means victims get compensation for injuries, funds to pay for medical treatments and capital for long-term financial security.

Mesothelioma settlements are monetary sums that have been accepted by both parties in lieu of a trial. Settlement amounts vary widely based on individual case circumstances.

Up to 90 percent of mesothelioma and asbestos-cancer lawsuits end in a settlement before going to trial. Most asbestos companies want to avoid the publicity and expense of a trial. For patients, settlements allow for a quick end to what could have been a lengthy legal process.


Settlement Values and Payout Process

Because of the variable nature of mesothelioma cases, settlement amounts can range widely. In 2015, an unsealed court document in Illinois showed 38 claimants filed asbestos-related lawsuits with a total value of about $22 million. The records showed 850 asbestos victims across the country—just a small percentage of asbestos claimants overall—had been awarded $334,711,143 through the court system and $182,259,276 from bankruptcy trusts.

Legal experts say mesothelioma trial awards average $2.4 million, but jury verdicts differ based on case facts and jury decisions. Even if victims win the trial, the award may be delayed if the at-fault company decides to appeal the jury’s decision. Appeals courts may overturn trial awards.

The average mesothelioma settlement is between $1 million and $1.4 million. Even though settlement amounts are typically lower sums than the average trial awards, the compensation is guaranteed and usually arrives in a matter of weeks.


Receiving a Mesothelioma Settlement

After a mesothelioma lawsuit is filed, the courts generally fast track the litigation because of the urgent needs of the patient. After the initial stages of the lawsuit, including discovery and depositions, attorneys from both sides will discuss possible settlement terms. As a starting point for determining a settlement, attorneys on both sides take several factors into consideration:

Victim’s medical background and diagnosis – All asbestos cancer cases begin with a diagnosis and a link to an at-fault company. Victims must have a history with the company in question or its products. A physician must document the mesothelioma diagnosis.
Proof of negligence – During pre-trial discovery and depositions, the plaintiff’s attorney typically uncovers proof of the defendant company’s negligence. In many cases, companies know about the dangers of asbestos exposure but choose to hide them from employees. Many companies decide to settle lawsuits over making these facts known to the public.

Case valuation matrix – Asbestos companies assign a minimal financial value to mesothelioma cases and adjust it for extenuating factors such as number of dependents and amount of injury. This case matrix is used to determine a baseline for compensation.
Amount of lost wages, debt, and medical expenses – The hardships of mesothelioma include lost earnings, increased debt from not being able to work and increased medical bills due to the diagnosis.
Number of companies involved in lawsuit – Mesothelioma victims who file legal claims against multiple asbestos companies may be able to collect settlements from each company.

Location of case – Each state has different rules regarding product liability, negligence and wrongdoing and different requirements for evidence.
The process of a settlement is a negotiation. If the company’s offer is too low, your attorney will discuss the next steps of the case. There are no guarantees an agreement will be reached, so your attorney should always be prepared to go to trial.


Settlement vs. Trial Verdict

The decision to settle an asbestos cancer case or follow through with a lawsuit depends on a variety of factors. The overall goal is to collect compensation that will pay for medical expenses, lost wages and pain and suffering.



Our advocates connect mesothelioma patients with the nation’s top-rated asbestos experts. Before our legal experts agree to any settlement, we help you understand the offers so you can make a sound legal decision.

Settlement Rules for Plaintiffs

Once a settlement is reached, plaintiffs must agree in writing to terms and conditions. Common terms of agreement include the following:

Agree to drop all current and future claims against the defendant company.
Understand the defendant company denies any negligence or liability in the case.
Agree to keep the settlement amount a secret.

Source: https://www.mesotheliomafund.com/compensation/lawsuit/settlements/

Settlements for Mesothelioma Patients

Settlements for Mesothelioma Patients




Once you file an asbestos personal injury lawsuit, there are two ways to receive compensation for your injuries. If your case goes to trial, you may receive a favorable jury verdict awarding you compensation for your injuries. But in many instances, asbestos lawsuits settle out of court.

Settlements occur when common ground is found on the amount a defendant is willing to pay and the amount a plaintiff is willing to accept for pleural mesothelioma or other asbestos injuries. Since there is no guarantee on how a trial will end, parties often reach settlement agreements to avoid prolonged litigation and the uncertainty of trial.

But just as there are no guarantees at trial, there are no guarantees that your case will settle. It is best to consult experienced pleural mesothelioma lawyers about your options during the case process, including options for settlement.

Determining When to Settle

Pleural mesothelioma lawsuits are usually filed against multiple defendants who allegedly contributed to the injury. Defendants are not always held equally liable, and states have different rules regarding how liability is divided among defendants. Because a case’s outcome may be different for each defendant, the chances of settling also vary for each defendant.

Parties can reach settlements any time after the complaint is filed. In some instances, it is possible to reach a settlement with one or more defendants early in the case process before many papers are filed or much discovery has taken place. This may be especially true for defendants who aren’t facing many lawsuits, don’t have much litigation experience, or are especially concerned about avoiding substantial litigation costs. They may be inclined to pay some portion of the claims to end the litigation. Plaintiffs may have incentives to accept offers from these defendants so they can have more resources to focus on the remaining defendants during discovery and trial.


Some cases settle during discovery, as more evidence comes to light and the strength of each party's case becomes clearer. Others settle on the eve of trial or during trial for the same reason.

Sometimes parties reach settlements after a jury has ordered a substantial award. In some cases, a plaintiff may accept a settlement that's lower than a jury award in order to ensure receiving some payment soon. In exchange, the defendant may agree to waive its right to appeal an award and thus delay payment.

Landmark Cases

Borel v. Fibreboard is a U.S. landmark asbestos case that has provided precedents for thousands of asbestos claims. It began in 1936 when Clarence Borel, a husband and father of six, started working in the shipyards and oil refineries along the Texas-Louisiana border. He was unaware that shipyards would soon become a leading cause of occupational asbestos exposure.

Diagnosis and First Settlement

In 1969, doctors diagnosed Borel with advanced asbestosis. That spring, he filed for a workers’ compensation claim for injuries caused on the job. He eventually settled for a little more than $13,000, but that was not enough to cover all of his medical expenses.

It was then that Borel asked Ward Stephenson, a Texas attorney, to sue the eleven asbestos manufacturers that knowingly exposed him to asbestos for $1 million in damages. A verdict of more than $79,400 was made in favor of Borel, but he died of mesothelioma in 1970 before his trial came to a close. All monetary damages were awarded to his wife.


Recognizing Manufacturer's Responsibility


Borel v. Fibreboard became known as the first case to recognize a manufacturer’s responsibility of warning and protecting their workers against the hazardous effects of asbestos exposure.

Since then, there have been many promising mesothelioma verdicts. A jury in Madison County, Illinois in 2003 ordered manufacturer U.S. Steel to pay Roby Whittington $250 million. He is a former employee who was diagnosed with mesothelioma.

In 2012, a California jury awarded former construction worker Bobbie Izell $48 million in a lawsuit against Union Carbide. Izell was exposed to asbestos on various construction sites in the 1960s and 1970s. In 2011, he was diagnosed with mesothelioma.

Factors Affecting Settlement

There are many factors influencing the decision to settle. This is true for both sides of a lawsuit. But these reasons can usually be traced to a common concern: Is there some economic incentive to settling a lawsuit?


Pleural mesothelioma and other asbestos-related diseases are very aggressive. Their physical, emotional and financial tolls mount quickly. So although plaintiffs may want all of their losses compensated, it may be in their best financial interests to obtain some portion sooner rather than take a chance at receiving more compensation later.

Defendants want to limit their liability for asbestos claims. Sometimes the best way to do that is by agreeing to settle a case. Whether or not the defendant is engaged in multiple asbestos lawsuits will affect the decision. On one hand, settling a case may be a good strategy for avoiding a trial verdict that could encourage further lawsuits and litigation costs. Defendants usually settle without admitting any liability, so settlements can't be used as admissions of liability in other cases. On the other hand, agreeing to a substantial settlement could encourage further lawsuits or affect the settlement amount which other plaintiffs are willing to accept for the claims.

Another factor affecting settlement is whether or not insurance coverage is available to pay asbestos claims. This is particularly true with larger corporate asbestos defendants who usually have insurance policies that help them pay litigation claims and expenses. Their insurers are usually actively involved in litigation and have considerable input into whether and when the corporations agree to settle. The amount of insurance coverage available also affects the amount of settlement.


What Settlement Means for Plaintiffs

Plaintiffs usually have to do more than just deposit payments under settlement agreements. Before agreeing to settlements, plaintiffs should understand that they will likely be responsible for doing certain things under the terms of the agreement. For instance:

They must usually agree to drop their lawsuits and waive any future claims against the settling defendant as a condition for settlement. Defendants have little incentive to settle if there's a chance a plaintiff could sue them again.
In addition, plaintiffs must usually accept the settling defendant's unwillingness to admit liability. The defendant usually includes language in the settlement agreement that specifically denies responsibility for a plaintiff's injuries.
Finally, plaintiffs usually can't talk about settlement agreement terms. In particular, they must usually agree to keep the amount of the settlement a secret. For this reason, pleural mesothelioma settlements are usually reported as settling for an undisclosed amount.
It's wise to consult a qualified pleural mesothelioma attorney before agreeing to settle an asbestos personal injury claim. An even wiser decision would be hiring an experienced pleural mesothelioma attorney to explain your legal options, file your claim, and potentially negotiate a settlement on your behalf.


Source: https://www.pleuralmesothelioma.com/lawyer/settlements.php