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Asbestos Finally Banned in United States

We’ve been waiting nearly 50 years to type this: Asbestos is finally banned in the United States.

After decades of inadequate protections for workers, the EPA has finally banned the only remaining type of asbestos still imported into America. More than 50 countries have already banned the use of asbestos, which is known to cause several types of cancer including mesothelioma and ovarian cancer.

The asbestos in question, chrysotile, is used in a variety of products, including asbestos diaphragms, sheet gaskets, brake blocks, aftermarket automotive brakes/linings, other vehicle friction products, and some other types of gaskets. The use of asbestos has been declining as years progress.

Although there are several types of asbestos that occur naturally in the environment, only chrysotile had been used in the United States in recent years. In fact, raw chrysotile asbestos was imported into the United States as recently as 2022 for use by the chlor-alkali industry. Known as “white asbestos,” most consumer products that historically contained chrysotile asbestos have been discontinued.

RPWB attorneys have been helping asbestos victims with personal injury lawsuits against asbestos manufacturers for more than 40 years. Our work continues to hold the asbestos industry responsible for the estimated 40,000 asbestos-related deaths in the United States each year. With a verdict of $250 million, RPWB continues to hold the record for the largest single asbestos verdict in our nation’s history and we have helped workers in nearly every U.S. state and territory.

While the use of asbestos in new products is declining, it remains present in a variety of buildings throughout the country. Asbestos was widely used in construction through the 1970s and was used much longer than that in other industries.

The move by the EPA to implement the rule banning chrysotile asbestos will save lives, but unfortunately, due to the prevalence of asbestos and the long latency period for mesothelioma and lung disease, many people will continue to be diagnosed for years to come. In recent years, many people have come into contact with asbestos in talc products, including cosmetics, talcum powder and baby powder. Asbestos and talc occur naturally in nature, so there is a risk of contamination with talc products.

If you or a loved one has been diagnosed with mesothelioma, please contact us for a free, no obligation case review. All of our asbestos attorneys have devoted their careers to help asbestos victims.

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With Sixteen Attorneys Named to Best Lawyers List, RPWB is the Top-Listed Product Liability and Class Action Law Firm in the State

Sixteen RPWB attorneys were selected for the 2023 edition of The Best Lawyers in America® list for numerous practice areas including personal injury, product liability, mass tort, class action and medical malpractice litigation.

This marks the sixth consecutive year in which RPWB is the top-listed plaintiff law firm in South Carolina for both product liability litigation and class action & mass tort litigation.

RPWB member Beth Burke was selected as personal injury lawyer of the year in Charleston, South Carolina. In addition to working on medical malpractice and personal injury cases, Burke serves in the leadership of the national lawsuit against 3M for supplying military personnel with defective earplugs. She also represents Marine Corps veterans who developed cancer and other serious conditions after consuming contaminated water at Camp Lejeune between 1953 and 1987.

Beth Burke is personal injury lawyer of the year in Charleston, S.C.

 

Here is the full list of RPWB attorneys on the 2023 edition of The Best Lawyers in America®:

Mount Pleasant, S.C.

Nina Fields Britt – Mass Tort/Class Actions Litigation

Beth Burke – Mass Tort/Class Actions, Personal Injury & Product Liability Litigation

Jerry Evans – Mass Tort/Class Actions & Product Liability Litigation

Kim Keevers Palmer – Mass Tort/Class Actions Litigation

Greg Lofstead – Product Liability & Mass Tort/Class Actions Litigation

Christiaan Marcum – Mass Tort/Class Actions & Product Liability Litigation

Tom Rogers – Medical Malpractice Law & Personal Injury Litigation

Hoyt Rowell – Healthcare Law & Mass Tort/Class Actions Litigation

Chris Tuck – Mass Tort/Class Actions, Product Liability Litigation & Qui Tam Law

Ed Westbrook – Mass Tort/Class Actions Litigation

Bobby Wood – Mass Tort/Class Actions & Product Liability Litigation

Charleston, S.C.

Michael Brickman – Antitrust Law, Mass Tort/Class Actions & Securities Litigation

Charles Patrick, Jr. – Mass Tort/Class Actions & Product Liability Litigation

Aiken, S.C.

Dave Butler – Personal Injury & Product Liability Litigation

Ken Wilson – Personal Injury & Product Liability Litigation

Edwardsville, Ill.

Jena Borden – Mass Tort/Class Actions & Product Liability Litigation

Ones to Watch

Three younger attorneys at the firm are recognized as “Ones to Watch,” a distinction for up-and-coming attorneys.

  • Chuck Dukes is listed for antitrust law, commercial litigation, mass tort/class action litigation, personal injury litigation and product liability litigation.
  • Matt Nickles is honored for personal injury and product liability litigation.
  • TAC Hargrove was selected for commercial litigation following his work on litigation associated with the failed V.C. Summer nuclear expansion project.

About Best Lawyers

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. More than 116,000 industry leading lawyers are eligible to vote (from around the world), and we have received more than 17 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2023 edition of The Best Lawyers in America®, more than 12.2 million votes were analyzed. Lawyers are not required nor allowed to pay a fee to be listed; therefore, inclusion in Best Lawyers is considered a singular honor.

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EPA Proposes Asbestos Ban

Many people do not realize it, but asbestos is not banned in the United States despite the fact it kills thousands of Americans each year by causing mesothelioma cancer and other forms of lung disease.

That might be about to change. The EPA has announced it intends to ban the known carcinogen using new authority granted to the agency by the 2016 Toxic Substances Control Act. On Tuesday, April 5, 2022, the EPA announced that it will move forward with an asbestos ban.

The EPA last attempted to ban asbestos in 1989, but a federal court shot the effort down, an escapade that highlighted the toothlessness of the original 1976 Toxic Substances Control Act. Similar attempts in Congress also sputtered, most recently in 2020, when the bipartisan measure nearly made it to the House floor before falling apart with competing accusations about who was responsible for the failure.

“EPA’s proposed rule is a strong step forward in eliminating exposure to a substance that is killing 40,000 Americans each year,” Linda Reinstein, president of the Asbestos Disease Awareness Organization, said in a statement.

Under the proposed rule, the agency would ban uses for chrysotile, the one remaining type of asbestos fiber still in use in the United States. One of the major current uses for asbestos in America is the chlorine manufacturing process. In 2021, chemical companies imported 100 tons of chrysotile asbestos from Brazil. In prior years, they also imported from Russia. The 11 active chemical plants that utilize asbestos also used around 220 tons of asbestos they had previously stockpiled. Other chemical plants no longer use asbestos in the chlorine manufacturing process.

Under EPA’s proposed rule, the remaining chlorine plants that still import raw asbestos would have two years to stop using asbestos filters.

Sheet gaskets that contain asbestos would be banned after two years. Most remaining products that contain asbestos — oilfield brake blocks, aftermarket automotive brakes and linings, other “vehicle friction products,” and other types of commercial gaskets — would be banned after 180 days.

The proposed asbestos ban is set to be published in the Federal Register, which kicks off a 60-day public comment period. The Biden administration hopes to have the ban finalized by November.

The ban isn’t the end of the EPA’s review of asbestos, however. The agency says it intends to look at other asbestos fibers as well as examine asbestos present in talcum powder products, which has caused even those who never worked around asbestos to develop mesothelioma. Asbestos and talc often are located near one another in the natural environment, which can cause contamination in products like baby powder and cosmetics. These asbestos victims are often younger than the blue-collar workers exposed through the late 1970s at their job sites.

RPWB lawyers have helped thousands of mesothelioma patients nationwide get financial compensation from asbestos manufacturers since 1976, when we worked on the first successful product liability case against the asbestos companies. We have seen first-hand the devastating health effects caused by asbestos, and applaud all efforts to eliminate asbestos from the United States.

If you or a loved one has been diagnosed with mesothelioma or another form of asbestos-caused lung cancer, please give us a call anytime at 1-866-594-8765 or fill out the contact form on this page.

For more information about mesothelioma, please visit our Mesothelioma Info Center.

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Asbestos Awareness Week Shines Light on Mesothelioma, a Cancer that Continues to Devastate

The first week of April 2022 is Asbestos Awareness Week in the United States. Members of both houses of Congress unanimously approved resolutions making the designation.

Once ubiquitous in worksites and homes throughout the country, we are still experiencing the negative health effects of asbestos decades after its peak use. Mesothelioma, the insidious cancer caused by asbestos, can take up to 50 years to manifest. When it does, many patients have less than two years to live, although we have seen some promising new treatments recently.

For more than 40 years, lawyers at RPWB have worked on behalf of mesothelioma patients to get them the financial compensation they deserve from asbestos manufacturers who knew about the health consequences of the products they were selling.

It is difficult and heartbreaking to see the men and women who built this great country die from mesothelioma due to the negligence of companies that put profits over people by hiding the ugly truth about asbestos.

While we still see a great number of cases from older people who worked in asbestos-laden industrial worksites through the 1970s, we are now also litigating cases involving much younger individuals who have developed mesothelioma from talcum powder use. This includes young mothers and otherwise healthy people who face a very dire mesothelioma prognosis at the prime of their lives.

Sadly, asbestos and the health consequences of it will still be with us for many more years. Contrary to common belief, asbestos is not banned in the United States and many products still contain talcum powder, which is derived from a mineral that often co-exists with asbestos in the environment.

As asbestos lawyers, we focus on helping mesothelioma patients and their families maximize the financial compensation they get from asbestos companies that manufactured the products that caused the cancer.

Our role as mesothelioma lawyers, however, goes beyond that.

We hold asbestos companies responsible for the human suffering they caused for many decades, even after they knew about the devastating health consequences. It is never acceptable to value profits more than the health and well-being of people. The asbestos industry is rightfully the poster child for what happens when we do. We hope that our work will deter other types of manufacturers from producing products they know to be harmful.

This Asbestos Awareness Week, we are remembering the thousands of mesothelioma victims we have helped in our 45-year history. We remain as committed to helping mesothelioma patients today as we did back in 1976, when our founding member Charles Patrick worked on the first successful product liability lawsuit against asbestos companies.

We hope you never need our services, but we stand ready to assist you if you do. If you receive a mesothelioma diagnosis, give us a call anytime at 1-866-594-8765 or fill out the form on this website. In most cases, we are available to meet with you at your home or another comfortable place within just a few days of calling.

To learn more about mesothelioma, please visit our Mesothelioma Info Center here.

Here is the full text of the Asbestos Awareness Week Resolution:

RESOLUTION

Designating the first week of April 2022 as ‘‘National Asbestos Awareness Week’’.

Whereas dangerous asbestos fibers are invisible and cannot be smelled or tasted;

Whereas the inhalation of airborne asbestos fibers can cause significant damage;

Whereas asbestos fibers can cause cancer, such as mesothelioma, asbestosis, and other health problems;

Whereas symptoms of asbestos-related diseases can take between 10 and 50 years to present themselves;

Whereas the projected life expectancy for an individual diagnosed with mesothelioma is between 6 and 24 months;

Whereas little is known about late-stage treatment of asbestos-related diseases, and there is no cure for those diseases;

Whereas early detection of asbestos-related diseases might give some patients increased treatment options and might improve the prognoses of those patients;

Whereas, although the consumption of asbestos within the United States has been substantially reduced, the United States continues to consume tons of the fibrous mineral each year for use in certain products;

Whereas thousands of people in the United States have died from asbestos-related diseases, and thousands more die every year from those diseases;

Whereas, although individuals continue to be exposed to asbestos, safety measures relating to, and the prevention of, asbestos exposure have significantly reduced the incidence of asbestos-related diseases and can further reduce the incidence of those diseases;

Whereas thousands of workers in the United States face significant asbestos exposure, which has been a cause of occupational cancer;

Whereas a significant percentage of victims of asbestos-related diseases were exposed to asbestos on naval ships and in shipyards;

Whereas asbestos was used in the construction of a significant number of office buildings and public facilities built before 1975;

Whereas people in the small community of Libby, Montana, suffer from asbestos-related diseases, including mesothelioma, at a significantly higher rate than people in the United States as a whole; and

Whereas the designation of a ‘‘National Asbestos Awareness Week’’ will raise public awareness about the prevalence of asbestos-related diseases and the dangers of asbestos exposure: Now, therefore, be it

Resolved, That the Senate—

  1. designates the first week of April 2022 as ‘‘National Asbestos Awareness Week’’;
  2. urges the Surgeon General to warn and educate people about the public health issue of asbestos exposure, which may be hazardous to their health; and
  3. respectfully requests that the Secretary of the Senate transmit a copy of this resolution to the Office of the Surgeon General.

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RPWB Opposes Proposed $2 Billion Roundup Cancer Settlement

Ken Wilson

 

AIKEN, S.C. – Rogers, Patrick, Westbrook & Brickman joined more than 90 other law firms in opposing a proposed class action settlement for people who have developed cancer as a result of exposure to Roundup Weed Killer.

The proposed $2 billion settlement is deeply flawed and would impair cancer victims’ ability to seek appropriate recourse from Monsanto. The chemical giant continues to manufacture Roundup to this day despite science showing how dangerous the product is.

The proposed settlement does not benefit people harmed by Roundup and instead is a way for Monsanto to cap its risk and to reduce how much it will pay to people injured by their products. We also fear this settlement may become a blueprint for other corporations accused of wrongdoing in the future to shirk taking full responsibility for the harm they have caused.

These are three main facets of the proposed deal that are the most problematic:

  • The proposed settlement gives up all of the class members’ punitive damages claims, which would curtail the amount of compensation they receive.
  • People harmed by Roundup would see their litigation against the company stayed (delayed) for four years. During that time, they would be barred from pursuing a lawsuit against Monsanto.
  • The settlement creates a secret science panel that does not include prominent researchers of the cancer-causing ingredient in Roundup. This panel would operate in total darkness to create a single, carefully controlled deposition that would serve as the stipulated ‘science’ of whether Roundup causes cancer in all future litigation.

The full amici brief authored by Arthur H. Bryant, Benjamin L. Bailey and Joshua Hammack of Bailey & Glasser, LLP can be found HERE. In all, 93 law firms and 167 lawyers, including RPWB’s Ken Wilson, signed onto the brief opposing the settlement.

The proposed settlement is pending in the United States District Court of the Northern District of California.

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Top-Listed Firm for Personal Injury, Product Liability and Mass Torts

RPWB is the top-listed plaintiff law firm in South Carolina for personal injury, product liability and mass tort litigation in the 2021 edition of The Best Lawyers in America®.

In all, 14 RPWB attorneys were named Best Lawyers in their respective practice areas. Two other RPWB lawyers were named “Ones to Watch,” a designation for younger, up-and-coming attorneys.

Also in the 2021 edition of Best Lawyers, two RPWB attorneys were honored as lawyers of the year in Charleston, SC.

Elizabeth Middleton Burke honored for her work on product liability litigation. Burke is one of the leaders in the national product liability litigation against 3M for manufacturing faulty earplugs for service members.

Thomas Rogers received the distinction for his work on medical malpractice cases

RPWB’s Best Lawyers

Jena L. Borden

  • Mass Tort Litigation / Class Actions – Plaintiffs

Michael J. Brickman

  • Litigation – Securities
  • Mass Tort Litigation / Class Actions – Plaintiffs

Nina Fields Britt

  • Mass Tort Litigation / Class Actions – Plaintiffs

Elizabeth M. Burke

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

J. David Butler

  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Jerry Hudson Evans

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Gregory A. Lofstead

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Christiaan Marcum

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Kimberly Keevers Palmer

  • Mass Tort Litigation / Class Actions – Plaintiffs

Charles W. Patrick, Jr.

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Thomas D. Rogers

  • Medical Malpractice Law – Plaintiffs
  • Personal Injury Litigation – Plaintiffs

A. Hoyt Rowell III

  • Health Care Law
  • Mass Tort Litigation / Class Actions – Plaintiffs

T. Christopher Tuck

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Edward J. Westbrook

  • Mass Tort Litigation / Class Actions – Plaintiffs

Kenneth J. Wilson

  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Robert S. Wood

  • Mass Tort Litigation / Class Actions – Plaintiffs
  • Product Liability Litigation – Plaintiffs

RPWB’s ‘Ones to Watch’

D. Charles Dukes

  • Antitrust Law
  • Commercial Litigation

Matthew A. Nickles

  • Personal Injury Litigation – Plaintiffs
  • Product Liability Litigation – Plaintiffs

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 108,000 industry leading lawyers are eligible to vote (from around the world), and we have received over 13 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2021 Edition of The Best Lawyers in America©, 9.4 million votes were analyzed, which resulted in more than 67,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor.

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How are Mesothelioma Lawsuits Paid Out?

By Ken Wilson

Some of the most frequent questions we get about mesothelioma lawsuits concern how they are ultimately paid out to clients and how long it will all take. To address those questions, let me give you a little bit of context about how mesothelioma lawsuits work.

When a person is diagnosed with mesothelioma, asbestos lawyers like myself work with that client and other witnesses such as family members and co-workers to determine all of the places he/she has come into contact with asbestos. In addition to identifying the exposure locations, we also work using a variety of sources to identify all of the asbestos products used at those locations. From there, we can start to build a product liability case against all of the manufacturers of those products. The best mesothelioma lawyers can walk you through this process to make it as easy as possible.

Most mesothelioma lawsuits involve a number of defendants that share culpability for causing the client’s mesothelioma. If the litigation is successful, the client will typically receive periodic settlement checks as various defendants settle. This includes both businesses in operation today and those that set aside money in bankruptcy trusts. This entire process can take several years from beginning to end, with most clients and their families beginning to receive money shortly after the case is commenced.

Of course, it is important to note that every case is different and a good asbestos attorney will not rush through building the product liability case against the asbestos manufacturers.  A well developed, researched, and prepared case will increase the likelihood of a successful outcome.  Additionally, if a case goes to trial, the time frame for case resolution may be extended

Over the past 33 years, I have dedicated my career to helping asbestos victims with mesothelioma lawsuits throughout the United States. To me and to the others in our firm, our clients are not a number; they are people who reach out to us for help at one of the most consequential and difficult times of their lives. My advice to people diagnosed with mesothelioma is to find the best medical and legal care that you can. Ask lots of questions and, if you feel uneasy, seek a second opinion. This will help you to enjoy time spent with family and friends.

If I can ever be of assistance, feel free to contact me 1-866-594-8765 or send me an email.

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16 RPWB Lawyers Selected For Best Lawyers List

CHARLESTON – RPWB was once again the top-listed plaintiff law firm in South Carolina for product liability cases as well as mass tort and class action lawsuits in the 2020 edition of The Best Lawyers in America®, which was released in August 2019.

In total, 16 RPWB attorneys were designated as 2020 Best Lawyers, including David Butler, who was chosen as the personal injury lawyer of the year in the Augusta, Ga. metropolitan area. Butler, who works out of Aiken, S.C., has devoted much of his career representing asbestos victims who have developed mesothelioma, but he also works on other personal injury and product liability cases.

Here are the RPWB attorneys named to the 2020 Best Lawyers list:

Michael J. Brickman
Litigation – Securities
Mass Tort Litigation / Class Actions – Plaintiffs

Elizabeth M. Burke
Mass Tort Litigation / Class Actions – Plaintiffs
Personal Injury Litigation – Plaintiffs
Product Liability Litigation – Plaintiffs

David Butler
Personal Injury Litigation – Plaintiffs
Product Liability Litigation – Plaintiffs

Blair Hahn
Mass Tort Litigation / Class Actions – Plaintiffs
Product Liability Litigation – Plaintiffs

Gregory A. Lofstead
Mass Tort Litigation / Class Actions – Plaintiffs
Product Liability Litigation – Plaintiffs

Christiaan Marcum
Mass Tort Litigation / Class Actions – Plaintiffs
Product Liability Litigation – Plaintiffs

Kim Keevers Palmer
Mass Tort Litigation / Class Actions – Plaintiffs

Terry E. Richardson, Jr.
Business Organizations (including LLCs and Partnerships)
Mass Tort Litigation / Class Actions – Plaintiffs
Personal Injury Litigation – Plaintiffs
Railroad Law

Thomas D. Rogers
Medical Malpractice Law – Plaintiffs
Personal Injury Litigation – Plaintiffs

Hoyt Rowell III
Health Care Law
Mass Tort Litigation / Class Actions – Plaintiffs

Christopher Tuck
Mass Tort Litigation / Class Actions – Plaintiffs

Charles W. Patrick, Jr.
Mass Tort Litigation / Class Actions – Plaintiffs
Product Liability Litigation – Plaintiffs

Edward J. Westbrook
Mass Tort Litigation / Class Actions – Plaintiffs

Kenneth J. Wilson
Product Liability Litigation – Plaintiffs

Bobby Wood
Mass Tort Litigation / Class Actions – Plaintiffs

Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 94,000 industry leading lawyers are eligible to vote (from around the world), and we have received over 11 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2020 Edition of The Best Lawyers in America, 8.3 million votes were analyzed, which resulted in more than 62,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

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First New Mesothelioma Treatment in 15 Years Approved By FDA

By Ken Wilson

It’s not often that we get to report new treatments for mesothelioma.

While we do see a lot of clinical trials, the standard treatment plan for malignant pleural mesothelioma has been relatively unchanged for many years. Most patients go through surgery (if they are able to), radiation and chemotherapy.

It can be an aggressive treatment plan. In many instances, doctors diagnose mesothelioma when patients are in the late stages, which means the treatment is challenging because the cancer has spread.

That’s why recent news of the FDA approving the first new treatment for malignant pleural mesothelioma in 15 years is so encouraging.

In May 2019, the FDA approved utilizing Tumor Treating Fields for patients with malignant pleural mesothelioma in combination with chemotherapy. The approved device is called the NovoTTF-100L System (manufactured by Novocure). It is a non-invasive method that works by delivering electric fields tuned to specific frequencies that disrupt solid tumor cell division. In other words, it hinders mesothelioma tumors from growing and spreading.

The treatment is approved for mesothelioma patients who are not candidates for surgery. Only 10 to 20 percent of patients with pleural mesothelioma are candidates for surgery. The remaining 80 percent of patients typically receive palliative care to improve their quality of life. The use of Tumor Treating Fields is a promising development for those who cannot have surgery to remove the tumors as it may extend their lives and improve treatment outcomes. It was approved under the agency’s Humanitarian Device Exemption pathway, which was created to encourage the innovation of therapies for underserved patients with rare diseases.

The FDA’s approval for the use of Tumor Treating Fields was based on a trial that included 80 pleural mesothelioma patients. Overall, the patients lived an average of 18.1 months, including 21.2 months for patients with epithelioid malignant pleural mesothelioma and 12.1 months for those with non-epithelioid malignant pleural mesothelioma.

That might not seem like a long time, but for late-stage pleural mesothelioma patients who are not candidates for surgery, it can mean more time spent with their loved ones, which is priceless.

As an attorney who has helped mesothelioma patients for over 30 years, the absolute worst part of my practice is seeing people who worked hard for the entire careers have their golden years cut short. Anything that can help extend the amount of time they have with loved ones and diminish their suffering is very positive news and should be celebrated as such.

People who have been diagnosed with mesothelioma and their loved ones should discuss all treatment options with their oncologist in order to make an informed decision that is in the best interest of the mesothelioma patient.

Let’s all hope that we continue to see more new treatments for mesothelioma in the years to come.

Ken Wilson has devoted his career to helping mesothelioma victims. He represents asbestos cancer patients nationwide from his office in Aiken, South Carolina. Wilson is on the Best Lawyers in America list for Product Liability Litigation (Plaintiff). RPWB lawyers were among the first in the country to hold asbestos manufacturers liable for causing mesothelioma. To learn more about our 40-year history helping asbestos victims, please click here. You may contact us at 1-866-594-8765 or use the form on this page to begin a free, no obligation case review.

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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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