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Family Raises Awareness Over Loved One’s Mesothelioma Death

Exposure to asbestos is not always obvious at the time. Many people live years or even decades after exposure before developing sometimes subtle but troubling symptoms. When those symptoms end up pointing to mesothelioma, victims in South Carolina can be understandably angry and confused, and it is often the families who are left behind to address the injustices that lead to these types of diagnoses.

Alongside her daughter, one woman is working to raise awareness about the dangers of asbestos after losing her husband to mesothelioma. Before he was diagnosed, her husband seemed to be gaining a large amount of weight in his stomach. The sudden growth in his abdomen coupled with a persistent cough and shortness of breath landed him in the doctor’s office, where he was diagnosed with pneumonia. When he worsened despite treatment he was sent to the Mayo clinic and told he had mesothelioma. He was 40 years old at the time and died only a short while later.

He was routinely exposed to asbestos while working as a boiler maker in the 1980s, and his surviving wife and daughter are working to raise awareness about the dangers of asbestos. Many people believe that asbestos is no longer a threat because the United States no longer mines and exports the toxic substance, but it is still imported into the country and used in a wide range of products. The health effects of asbestos are devastating, and the survival rate five years after a mesothelioma diagnosis is only somewhere between 1 and 9 percent.

Workers in South Carolina should not have to sacrifice their health and longevity just to hold down a job. Unfortunately, many industries fail to protect vulnerable workers. The situation is not all hopeless, though. Families who have lost loved ones to mesothelioma often choose to pursue civil lawsuits against negligent companies and manufacturers, seeking to hold them accountable for their actions while also helping to implement important changes.

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Improved Labeling Could Prevent Some Asbestos Exposure

Following the discovery of asbestos in some of the cosmetic products sold by the retailer Claire’s, some members of the U.S. Congress are pushing for improved warning labels on potentially dangerous products. Asbestos exposure is especially serious as it can lead to fatal illnesses decades in the future. Better labeling practices could give South Carolina consumers the power and confidence to choose products that are free from asbestos.

Representative Debbie Dingell recently introduced legislation that would require companies to place warning labels on products that could possibly contain asbestos. Representative Jan Schakowsky co-sponsored the bill. The CEO and president of the Asbestos Disease Awareness Organization Linda Reinstein also spoke out in support of the bill, saying that it would help parents protect their children from dangerous products.

The Environmental Working Group also supports the new legislation for asbestos warning. According to the EWG there are thousands of products that contain talc, which comes from the same type of rock as asbestos. Talc is often contaminated with asbestos, and many people believe consumers should be warned of the likelihood of exposure that stems from talc products. When considering the 15,000 annual deaths linked to asbestos exposure, improved warning labels could make a marked change in safety for consumers.

There is no denying the dangerous and devastating effects of asbestos exposure. From lung cancer to mesothelioma, many victims do not even realize that they were exposed to the toxic substance until they begin to develop symptoms. Better labeling systems might help prevent some of these deaths, but until such a time, victims and their families in South Carolina can seek compensation for their illnesses through civil lawsuits.

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Do You Know the Most Common Form of Mesothelioma?

You may have already known that asbestos is toxic and tried to avoid it, or maybe you had never even heard of the substance before receiving a life-altering diagnosis. The fatal cancer mesothelioma is unfortunately not an uncommon outcome of asbestos exposure. Mesothelioma can present in several different forms, but pleural mesothelioma is the most common in South Carolina.

Despite being the most common type of mesothelioma, pleural mesothelioma often goes undiagnosed for significant periods of time. This is due to a number of factors, including the sometimes lengthy delay between exposure and the onset of the disease. Once victims start to develop symptoms they are often misdiagnosed because of how similar pleural mesothelioma symptoms are to that of other diseases.

There are not many treatment options available to victims of pleural mesothelioma. Despite being the most common type of this cancer, treatment is often fickle. When diagnosed early enough, treatments like chemotherapy, radiation and even surgery can be helpful in extending patients’ lifespans. For those who received their diagnoses too late, palliative care is usually the only option.

There is no way to undo the harm caused by careless manufacturers, employers and industrial companies. This does not mean that you do not deserve justice for your mesothelioma diagnosis. In South Carolina, it is possible to seek compensation through a civil lawsuit, which can lead to compensation for medical bills, pain and suffering, economic damages and much more. If you need more information about pleural mesothelioma or other diseases related to asbestos, our website has a wide range of resources.

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Supreme Court Ruling Will Help Asbestos Victims

By Dave Butler

The United States Supreme Court delivered an unexpectedly good opinion for asbestos victims last week.

For years, equipment makers (including those who make pumps, valves, turbines and boilers) have argued that they only make and sell metal products and cannot be held responsible for asbestos products made by third parties and later applied to their equipment (e.g. gaskets, insulation, etc.). This argument is known as the bare metal defense. As an asbestos attorney, this argument is particularly maddening because these companies know that the equipment they manufactured required asbestos to operate properly.

However, in Air & Liquid Systems Corp. et al v. Devries, the Supreme Court ruled that in a maritime tort context, a product manufacturer has a duty to warn when:

  • its product requires the incorporation of a part,
  • the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses, and
  • the manufacturer has no reason to believe that the product’s users will realize that danger.

The opinion – written by Justice Brett Kavanaugh along with Justices Roberts, Ginsburg, Breyer, Sotomayor and Kagan – will particularly help Navy veterans and others who developed mesothelioma as a result of asbestos exposure at sea. We also suspect the opinion may carry some weight on dry land as well.

To read the full opinion click here.

Dave Butler, who has worked as an asbestos attorney since 1993, helps people diagnosed with mesothelioma throughout the United States. For more information about our asbestos and mesothelioma work, please click here or fill out the contact form on this page.

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U.S. Supreme Court Issues Opinion on Asbestos

There’s good news for Navy veterans who developed mesothelioma due to asbestos exposure on ships: The U.S. Supreme Court issued an opinion allowing mesothelioma victims to take action against the manufacturers of boilers, pumps and other metal equipment that required asbestos components be added in order for them to operate.

Many Navy servicemembers and veterans developed mesothelioma after being exposed to asbestos on Navy ships. For many, that exposure occurred when using equipment that contained asbestos, including pumps, blowers, valves, turbines and boilers.

For years, manufacturers of these products would raise the ‘bare metal defense,’ arguing that they should not be held liable for asbestos-related diseases such as mesothelioma. However, the equipment was designed to be used only after asbestos-containing parts or insulation were added. This resulted in Navy service members being exposed to asbestos.

The Supreme Court decided, in a 6-3 decision, that these manufacturers can be held liable, and have a duty to warn if:

  • The manufacturer requires the asbestos-containing part to be added
  • The manufacturer knows that the part is dangerous
  • The manufacturer has no reason to believe that the users would be aware of this risk

Read more about the Supreme Court case, which Justice Kavanaugh wrote, and Roberts, Ginsburg, Breyer, Sotomayor and Kagan joined.

What does this mean for mesothelioma victims and surviving family members?

This decision is good news for Navy members and veterans who developed mesothelioma due to asbestos exposure at sea, as well as surviving family members.

Now, these individuals will be able to seek legal recourse when an asbestos-containing product has caused mesothelioma. This Supreme Court decision gives ammunition against the bare metal defense, which benefited product manufacturers. Now, mesothelioma victims can seek the justice they deserve.

If you or a loved one have developed mesothelioma due to asbestos exposure on a Navy ship, talk to an attorney from our firm to learn about your legal options. We represent clients throughout the U.S. Call 866-725-3707.

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Hundreds of Students Displaced After Asbestos Exposure

Students and parents alike tend to expect schools to be safe places that are free from serious threats and risks. Sadly, this is not always the case. Older school buildings can pose various dangers, especially when poor upkeep contributes to things like hidden mold or dangerous stairwells. Another hidden risk in many old schools? The possibility of asbestos exposure.

Following the discovery of asbestos, students at a school in a state outside of South Carolina have been displaced for approximately one month. The problem began during Feb. 2019, when the school announced that asbestos-contaminated plaster had been breached during construction work. It is not clear when the breach occurred, but the school acted quickly to move its students and staff once the problem was discovered.

Hundreds of students and staff members moved into a makeshift space. The school initially told students and their parents that the move was a temporary matter that would probably last only a few weeks. A recent announcement that students will remain in the temporary space until the end of the school year apparently has some parents on edge, with some possibly wondering if the problem is much more serious than a bit of breached plaster.

Asbestos exposure is commonly known to be dangerous and potentially fatal. Victims can develop serious health issues like mesothelioma years or even decades down the line. Receiving such a diagnosis can be devastating for South Carolina victims, but many find that pursuing compensation from negligent parties can help them address the mental, physical and financial burden of such an illness.

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Why Does Asbestos Litigation Seem So Common?

The use of asbestos is heavily regulated, which might lead some people in South Carolina to believe that it is a past problem that has no more bearing on current times. Unfortunately, this is far from reality. As some people develop health problems decades after exposure and companies make headlines for concealing the presence asbestos in their products, asbestos litigation will continue to be an outlet for victims to seek necessary compensation.

Asbestos is incredibly durable. The fibrous substance is even stronger than steel and is also waterproof, fireproof and resistant to corrosion. Even though its use is now limited in the United States, the toxic substance persists in many communities in things like roof shingles, car parts and more. Asbestos’ durable nature makes it difficult to get rid of and perhaps even more difficult to remove safely.

Removing sooner is better than later because, although asbestos is incredibly durable, it can become brittle over time. Brittle asbestos fibers are more easily released into the environment. Scientists have long been aware of the health problems associated with exposure to those types of asbestos fibers. The fatal cancer mesothelioma attacks the lining of the organs and is frequently traced back to asbestos exposure. Asbestosis can lead to scarred lungs and is another disease caused by the toxic fibers.

Since asbestos was once used in a wide range of industries and is still used in selected applications today, virtually anyone could be at risk for asbestos exposure. When that exposure leads to serious and even fatal health outcomes, South Carolina victims may want to consider their options. Asbestos litigation is often effective at recovery necessary compensation, which victims can apply towards their medical bills, lost wages, pain and suffering, and much more.

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Frequently Asked Questions About Mesothelioma

We recently published a SlideShare titled Frequently Asked Questions About Mesothelioma.

If you have further questions or wish to speak to an attorney about your options after a mesothelioma diagnosis, please call us at 866-548-6868.

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No Recall for Claire’s Products Linked to Asbestos Exposure

Many women, teenagers and even young girls in South Carolina can recount going to a Claire’s store to have their ears pierced. The popular chain not only provides ear piercing services, it also sells a wide variety of items marketed to young girls. Unfortunately, some of those products likely resulted in asbestos exposure.

The Food and Drug Administration recently released a warning for consumers. According to the FDA, Claire’s is currently selling makeup products that contain the toxic substance asbestos. Perhaps even more upsetting than this realization is that Claire’s refuses to issue a voluntary recall on the affected products. It is unclear why the company will not pull the products from its shelves since it issued a recall for similar issues in early 2018.

The alarm over asbestos-contaminated makeup aimed at young girls was raised after a round of independent testing. It is not clear what concerns led to this testing, although Claire’s conducted its own independent asbestos testing when it issued its 2018 recall. The FDA currently does not have the authority to force the company to issue a recall and is instead warning consumers against purchasing or using the affected products.

Asbestos exposure is no small matter. Victims can develop serious health issues from asbestos, including lung cancer and the fatal cancer mesothelioma. In many cases, victims live for years before developing any symptoms. This can make tracking down the line of exposure difficult for the average person in South Carolina, which is why many victims choose to work with an experienced attorney when seeking compensation for their damages.

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Compensation For Mesothelioma Is Possible

Asbestos was once frequently used in a wide range of industries, from automobiles to manufacturing to construction and much more. For those working in these types of industries, exposure to asbestos was not only common but, at one point in time, even routine. Decades later, many of these workers are now suffering the serious health consequences of that exposure. The fatal cancer mesothelioma is just one such illness that impacts victims in South Carolina.

Mesothelioma most commonly shows up in victims’ lungs, although it is also possible to develop mesothelioma in the abdomen, heart lining and testicles. Pleural mesothelioma — the kind that shows up in the lungs — is responsible for 75 percent of all mesothelioma diagnoses. Victims with this type of cancer generally report having trouble breathing. Fluid can also build up in the lungs, which it difficult and painful to breath.

Since the primary symptoms of mesothelioma — trouble breathing and coughing — can also be indications of other diseases, those who are experiencing such symptoms should consult with their doctor. Young adults who have not been exposed to asbestos likely do not have to worry about discovering that they have mesothelioma. Those at the highest risk are generally older adults who were employed in occupations that involved asbestos. In some cases, mesothelioma and its symptoms can take as long as 50 years to develop.

Being diagnosed with mesothelioma is a traumatizing experience. After diagnosis, most South Carolina patients are not given much time to live. Civil suits pursued against those responsible for asbestos exposure — including employers and manufacturers — can help victims achieve necessary compensation for things like medical expenses, loss of income, physical pain and suffering and much more. Need more information about mesothelioma and your options for legal recourse? Be sure to visit our website.

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