We received another settlement check from my dads class action attorney. It was $500 and something. The attorney fees are pretty crazy. I think the whole settlement on our end was $1250. Not complaining as we really don't have to do anything. We just collect when it's time.
I do not know how many other people our lawyer on these asbestos cases is working for. I'm guessing hundreds - maybe thousands. Really don't know.
I wonder how many of these companies are still around to even collect from as this stuff that went on with my dad and these merchant marines was 50 years ago. Not to mention the economy and the business bankruptcies.
I'm not sure how many other cases are pending or possible or how many years these settlement checks will continue. They aren't big medical death payout settlements usually. I think the largest estate payout we got was $7000 and that was several years ago.
Sell A Life Policy - Collect cash for insurance
Sunday, February 22, 2009
Tuesday, January 13, 2009
Vioxx Risks
Increasing use of rofecoxib (Vioxx) and celecoxib (Celebrex), both selective inhibitors of COX-2, for treatment of arthritis has been accompanied by concerns that
they may increase the risk of thrombotic cardiovascular events.
Most older nonsteroidal anti-inflammatory drugs (NSAIDs)
decrease endothelial production of both thromboxane, which has a prothrombotic effect on platelets, and prostacyclin, which has an antithrombotic effect. The usual net effect is some inhibition of platelet function and prolongation of bleeding time. Platelet inhibition is reversible when the drug is cleared, except with aspirin, which has an antiplatelet effect for the life of the platelet, an average of about 7 days. Selective COX-2 inhibitors decrease production of prostacyclin, but not thromboxane. They could, therefore, have a prothrombotic effect (GA
FitzGerald and C Patrono, N Engl J Med 2001; 345:433).
A recent safety study raised concerns that selective COX-2 inhibitors
may increase the risk of thrombotic cardiovascular events. The Vioxx Gastrointestinal Outcomes Research (VIGOR) study randomized 8076 older rheumatoid arthritis patients (average age 58 years) to receive either 50 mg of rofecoxib daily or 500 mg of naproxen twice daily, with a median followup of 9 months (C Bombardier et al, N Engl J Med 2000; 343:1520). This dosage of rofecoxib is 2-4 times the dosage recommended for osteoarthritis. Patients with recent cardiovascular events and those taking aspirin were excluded.
Serious thrombotic cardiovascular events occurred in 45 of 4047 patients (1.11%) taking rofecoxib and in 19 of 4029 (0.47%) taking naproxen. A similar safety study of celecoxib, the Celecoxib Long-term Arthritis Safety Study (CLASS), did not exclude patients taking low-dose aspirin, and no statistically significant increase in cardiovascular events was detected with use of celecoxib 400 mg b.i.d. (4 times the dosage for osteoarthritis) compared to diclofenac (Voltaren) or ibuprofen (Motrin, and others). In general, patients taking celecoxib had about half the incidence of serious gastrointestinal events (perforation, obstruction, bleeding) as those taking diclofenac
or ibuprofen (11 of 1441 vs. 20 of 1384), but those taking aspirin as well had about the same
incidence with celecoxib (6 of 298) as with diclofenac or ibuprofen (6 of 283) (FE Silverstein et
al, JAMA 2000; 284:1247).
One recent review (D Mukherjee et al, JAMA 2001; 286:954) compared annualized myocardial
infarction (MI) rates in patients treated with COX-2 inhibitors in 4 studies (including
CLASS and VIGOR) to historical healthy controls not taking low-dose aspirin and concluded
that both celecoxib and rofecoxib increased risks for MI. Rheumatoid arthritis, which was
EDITOR: Mark Abramowicz, M.D. DEPUTY EDITOR: Gianna Zuccotti, M.D., M.P.H., Weill Medical College of Cornell University
CONSULTING EDITOR: Martin A. Rizack, M.D., Ph.D., Rockefeller University ASSOCIATE EDITORS: Donna Goodstein, Amy Faucard ASSISTANT EDITOR: Susie Wong
CONTRIBUTING EDITORS: Philip D. Hansten, Pharm. D., University of Washington; Neal H. Steigbigel, M.D., New York University School of Medicine
ADVISORY BOARD: William T. Beaver, M.D., Georgetown University School of Medicine; Jules Hirsch, M.D., Rockefeller University; James D. Kenney, M.D., Yale University
School of Medicine; Gerhard Levy, Pharm.D., State University of N.Y. at Buffalo; Gerald L. Mandell, M.D., University of Virginia School of Medicine; Hans Meinertz, M.D.,
University Hospital, Copenhagen; Dan M. Roden, M.D., Vanderbilt School of Medicine; F. Estelle R. Simons, M.D., University of Manitoba
EDITORIAL FELLOWS: Elizabeth Stephens, M.D., Oregon Health Sciences University School of Medicine; Arthur M.F. Yee, M.D., Ph.D., Cornell University Medical Center
EDITORIAL ADMINISTRATOR: Marianne Aschenbrenner PUBLISHER: Doris Peter, Ph.D.
Founded 1959 by Arthur Kallet and Harold Aaron, M.D. Copyright 2002. (ISSN 1523-2859)
FORWARDING OR COPYING IS A VIOLATION OF U.S. AND INTERNATIONAL COPYRIGHT LAWS 99
common among the patients in the CLASS and VIGOR studies, but not among the historical
controls, has been associated with an increased risk of cardiovascular disease (S Wållberg-
Jonsson et al, J Rheumatol 1997; 24:445). A second recent review of 23 studies found no evidence
of an excess of cardiovascular events with rofecoxib compared to various NSAIDs or
placebo (MA Konstam et al, Circulation, November 6, 2001; 104:2280).
CONCLUSION — In one study, high doses of rofecoxib taken for months were associated
with a 1.11% incidence of thrombotic cardiovascular events compared to 0.47% with naproxen.
Taking aspirin with a selective COX-2 inhibitor could protect against any possible
prothrombotic effect, but would probably also diminish the apparent advantage in gastrointestinal
safety with these drugs. Until more prospective studies with and without low-dose aspirin
are available, it would be premature to conclude that rofecoxib or celecoxib increase the
risk of thrombotic cardiovascular disease.
THE MEDICAL LETTER (ISSN 1523-2859) is published and printed in the USA bi-weekly by The Medical Letter, Inc., a non-profit corporation. Second-class postage
paid at New Rochelle, NY, and at additional mailing offices. POSTMASTER: Send address changes to THE MEDICAL LETTER at 1000 Main Street, New Rochelle, NY
10801-7537. Subscription fees: 1 year, $55.00; 2 years, $94.00; 3 years, $132.00 ($27.50—U.S. Funds—per year for individual subscriptions to students, interns,
residents, and fellows in the USA and Canada; special fees for bulk orders). Major credit cards accepted. Copyright and Disclaimer: Subscriptions are accepted with
the understanding that no part of the material may be reproduced or transmitted by any process in whole or in part without prior permission in writing. The editors
and publisher do not warrant that all the material in this publication is accurate and complete in every respect. The editors and publisher shall not be held responsiblefor any damage resulting from any error, inaccuracy or omission.
Phone: 1-800-211-2769 Fax: 1-914-632-1733 WEB SITE: http://www.medletter.com
100 The Medical Letter • Vol. 43 (Issue W1118A) November 12, 2001
Vioxx Lawsuit
they may increase the risk of thrombotic cardiovascular events.
Most older nonsteroidal anti-inflammatory drugs (NSAIDs)
decrease endothelial production of both thromboxane, which has a prothrombotic effect on platelets, and prostacyclin, which has an antithrombotic effect. The usual net effect is some inhibition of platelet function and prolongation of bleeding time. Platelet inhibition is reversible when the drug is cleared, except with aspirin, which has an antiplatelet effect for the life of the platelet, an average of about 7 days. Selective COX-2 inhibitors decrease production of prostacyclin, but not thromboxane. They could, therefore, have a prothrombotic effect (GA
FitzGerald and C Patrono, N Engl J Med 2001; 345:433).
A recent safety study raised concerns that selective COX-2 inhibitors
may increase the risk of thrombotic cardiovascular events. The Vioxx Gastrointestinal Outcomes Research (VIGOR) study randomized 8076 older rheumatoid arthritis patients (average age 58 years) to receive either 50 mg of rofecoxib daily or 500 mg of naproxen twice daily, with a median followup of 9 months (C Bombardier et al, N Engl J Med 2000; 343:1520). This dosage of rofecoxib is 2-4 times the dosage recommended for osteoarthritis. Patients with recent cardiovascular events and those taking aspirin were excluded.
Serious thrombotic cardiovascular events occurred in 45 of 4047 patients (1.11%) taking rofecoxib and in 19 of 4029 (0.47%) taking naproxen. A similar safety study of celecoxib, the Celecoxib Long-term Arthritis Safety Study (CLASS), did not exclude patients taking low-dose aspirin, and no statistically significant increase in cardiovascular events was detected with use of celecoxib 400 mg b.i.d. (4 times the dosage for osteoarthritis) compared to diclofenac (Voltaren) or ibuprofen (Motrin, and others). In general, patients taking celecoxib had about half the incidence of serious gastrointestinal events (perforation, obstruction, bleeding) as those taking diclofenac
or ibuprofen (11 of 1441 vs. 20 of 1384), but those taking aspirin as well had about the same
incidence with celecoxib (6 of 298) as with diclofenac or ibuprofen (6 of 283) (FE Silverstein et
al, JAMA 2000; 284:1247).
One recent review (D Mukherjee et al, JAMA 2001; 286:954) compared annualized myocardial
infarction (MI) rates in patients treated with COX-2 inhibitors in 4 studies (including
CLASS and VIGOR) to historical healthy controls not taking low-dose aspirin and concluded
that both celecoxib and rofecoxib increased risks for MI. Rheumatoid arthritis, which was
EDITOR: Mark Abramowicz, M.D. DEPUTY EDITOR: Gianna Zuccotti, M.D., M.P.H., Weill Medical College of Cornell University
CONSULTING EDITOR: Martin A. Rizack, M.D., Ph.D., Rockefeller University ASSOCIATE EDITORS: Donna Goodstein, Amy Faucard ASSISTANT EDITOR: Susie Wong
CONTRIBUTING EDITORS: Philip D. Hansten, Pharm. D., University of Washington; Neal H. Steigbigel, M.D., New York University School of Medicine
ADVISORY BOARD: William T. Beaver, M.D., Georgetown University School of Medicine; Jules Hirsch, M.D., Rockefeller University; James D. Kenney, M.D., Yale University
School of Medicine; Gerhard Levy, Pharm.D., State University of N.Y. at Buffalo; Gerald L. Mandell, M.D., University of Virginia School of Medicine; Hans Meinertz, M.D.,
University Hospital, Copenhagen; Dan M. Roden, M.D., Vanderbilt School of Medicine; F. Estelle R. Simons, M.D., University of Manitoba
EDITORIAL FELLOWS: Elizabeth Stephens, M.D., Oregon Health Sciences University School of Medicine; Arthur M.F. Yee, M.D., Ph.D., Cornell University Medical Center
EDITORIAL ADMINISTRATOR: Marianne Aschenbrenner PUBLISHER: Doris Peter, Ph.D.
Founded 1959 by Arthur Kallet and Harold Aaron, M.D. Copyright 2002. (ISSN 1523-2859)
FORWARDING OR COPYING IS A VIOLATION OF U.S. AND INTERNATIONAL COPYRIGHT LAWS 99
common among the patients in the CLASS and VIGOR studies, but not among the historical
controls, has been associated with an increased risk of cardiovascular disease (S Wållberg-
Jonsson et al, J Rheumatol 1997; 24:445). A second recent review of 23 studies found no evidence
of an excess of cardiovascular events with rofecoxib compared to various NSAIDs or
placebo (MA Konstam et al, Circulation, November 6, 2001; 104:2280).
CONCLUSION — In one study, high doses of rofecoxib taken for months were associated
with a 1.11% incidence of thrombotic cardiovascular events compared to 0.47% with naproxen.
Taking aspirin with a selective COX-2 inhibitor could protect against any possible
prothrombotic effect, but would probably also diminish the apparent advantage in gastrointestinal
safety with these drugs. Until more prospective studies with and without low-dose aspirin
are available, it would be premature to conclude that rofecoxib or celecoxib increase the
risk of thrombotic cardiovascular disease.
THE MEDICAL LETTER (ISSN 1523-2859) is published and printed in the USA bi-weekly by The Medical Letter, Inc., a non-profit corporation. Second-class postage
paid at New Rochelle, NY, and at additional mailing offices. POSTMASTER: Send address changes to THE MEDICAL LETTER at 1000 Main Street, New Rochelle, NY
10801-7537. Subscription fees: 1 year, $55.00; 2 years, $94.00; 3 years, $132.00 ($27.50—U.S. Funds—per year for individual subscriptions to students, interns,
residents, and fellows in the USA and Canada; special fees for bulk orders). Major credit cards accepted. Copyright and Disclaimer: Subscriptions are accepted with
the understanding that no part of the material may be reproduced or transmitted by any process in whole or in part without prior permission in writing. The editors
and publisher do not warrant that all the material in this publication is accurate and complete in every respect. The editors and publisher shall not be held responsiblefor any damage resulting from any error, inaccuracy or omission.
Phone: 1-800-211-2769 Fax: 1-914-632-1733 WEB SITE: http://www.medletter.com
100 The Medical Letter • Vol. 43 (Issue W1118A) November 12, 2001
Vioxx Lawsuit
Saturday, December 6, 2008
Marines Asbestos Exposure Poisoning - Merchant Marine Asbestos Law Firm
Class action lawsuits are ongoing regarding merchant marines and the exposure to asbestos causing long term mesothelioma and other sickness.
Mesothelioma is a rare form of cancer that is linked to Asbestos exposure. The illness itself may not show up until 30 or 40 years after exposure to Asbestos. Mesothelioma is a lung condition (cancer) that requires immediate medical assistance and more information should be gathered by the patient. Over the years, it was noticed these conditions could have been evident on merchant marine ships and maritime vessels where asbestos was used.
If the sickness can be traced to a specific exposure source such as merchant marine and maritime, an Attorney or Mesothelioma Lawyer can assist with consultation and possible litigation or Lawsuit options. The links contain useful mesothelioma information for the sufferers of malignant mesothelioma.
Asbestos Lawsuit and Litigation
Your consultation will be free. You should also research past judgements. You should also see if other employees have been affected. Class action lawsuits are going on throughout the country and a law firm may have already begun proceedings against your company.
Search for a lawyer, asbestos attorney, law firm and exposure or see the links on the left. These are legal specialists in lawsuits for asbestos affects and mesothelioma.
If you feel you have been exposed to Asbestos that has led to an illness (Mesothelioma), you may be entitled to an Asbestos claim. There are many lawsuits currently underway and claims being settled due to Asbestos exposure.
Many of these claims come from employees who were exposed to extended exposure to Asebestos. Experienced attorneys are available to pursue lawsuits or settle an Asbestos claim on behalf of you or for a group. Over the past few years, hundreds of millions of dollars have been paid out to victims. Many of these claims and lawsuit settlements took years to pay out, so any action should be taken as soon as possible.
People who are concerned about Asbestos Poisoning are usually workers who have been exposed to Asbestos over a long period of time. These people may have worked in areas of exposure including Insulation, vents, walls or other materials.
The effects of asbestos related poisoning may only show itself after many years.
Need a Family Lawyer?
Mesothelioma is a rare form of cancer that is linked to Asbestos exposure. The illness itself may not show up until 30 or 40 years after exposure to Asbestos. Mesothelioma is a lung condition (cancer) that requires immediate medical assistance and more information should be gathered by the patient. Over the years, it was noticed these conditions could have been evident on merchant marine ships and maritime vessels where asbestos was used.
If the sickness can be traced to a specific exposure source such as merchant marine and maritime, an Attorney or Mesothelioma Lawyer can assist with consultation and possible litigation or Lawsuit options. The links contain useful mesothelioma information for the sufferers of malignant mesothelioma.
Asbestos Lawsuit and Litigation
Your consultation will be free. You should also research past judgements. You should also see if other employees have been affected. Class action lawsuits are going on throughout the country and a law firm may have already begun proceedings against your company.
Search for a lawyer, asbestos attorney, law firm and exposure or see the links on the left. These are legal specialists in lawsuits for asbestos affects and mesothelioma.
If you feel you have been exposed to Asbestos that has led to an illness (Mesothelioma), you may be entitled to an Asbestos claim. There are many lawsuits currently underway and claims being settled due to Asbestos exposure.
Many of these claims come from employees who were exposed to extended exposure to Asebestos. Experienced attorneys are available to pursue lawsuits or settle an Asbestos claim on behalf of you or for a group. Over the past few years, hundreds of millions of dollars have been paid out to victims. Many of these claims and lawsuit settlements took years to pay out, so any action should be taken as soon as possible.
People who are concerned about Asbestos Poisoning are usually workers who have been exposed to Asbestos over a long period of time. These people may have worked in areas of exposure including Insulation, vents, walls or other materials.
The effects of asbestos related poisoning may only show itself after many years.
Need a Family Lawyer?
Sunday, November 9, 2008
Asbestos Hazard - A Brief History Of Asbestos
Featured article on mesothelioma cancer causing hazards and what patients may have a right to in class action situations.
Asbestos Exposure Sickness
Asbestos is a naturally-occurring fibrous mineral of metamorpic hydrous magnesium silicate. The term "metamorphic" is used to describe a process of extreme heat and pressure which creates specific secondary patterns of minerals with new chemical and/or physical properties.
As the primary rock is heated and recooled, silicate crystals align in long rows of mineral fibers, which easily separate into tiny shards thinner than a human hair. Asbestos fibers are not a health risk as long as they are undisturbed. However, when asbestos is undergoes natural weathering, or is mined and processed, the microscopic particles waft into the air and cause disease if they are inhaled.
Asbestosis occurs when an inhaled asbestos particle irritates the body's natural defence mechanisms, causing inflammation and scarring which eventually restricts lung function. Mesothelioma is a malignant tumor of the membranes surrounding the heart, lungs and abdominal cavity. Asbestos can also cause cancer of the mouth, throat, esophagus, larynx, stomach, lung and lymphoid tissue.
Asbestos exposure can also cause non-fatal illnesses such as asbestos warts, caused when asbestos fibers are lodged in the skin, causing lumps of scar tissue to form around the irritant in the same manner as they do in the lungs to cause asbestosis; pleural plaques, discrete, sometimes calcified fibrous lesions which can be seen on X-rays but are too small to cause breathing impairment; and diffuse pleural thickening, which can cause breathing impairment if it is extensive.
Due to its fire resistant properties, asbestos has been used historically for household and industrial purposes. It has been found woven into burial cloths in ancient Egypt, and Charlemagne reportedly had a tablecloth made of asbestos which he would throw into a fire to clean.
In World War II asbestos was considered so important by the War Department that it was considered a strategic material, and many American workers were exposed in the World War II boom in shipbuilding. After the war, it was widely used in the construction industry.
In modern Western society, it was used for such diverse purposes as lamp wicks, brake shoes, oven insulation, electrical hotplate wiring and home insulation, roofing and flooring. For instance, some kinds of vermiculite used in home insulation into the 1970s contained asbestos. The EPA banned this product in 1977.
When a home owner discovers asbestos in an old home, it should not be a cause for immediate panic. If the asbestos looks intact and is not pulverised, it is best to leave it alone. However, because of legal liability, schools and businesses containing asbestos usually must undergo a costly removal process, hazardous in itself because disturbing the stable asbestos product causes fibers to fill the air. Special equipment must be used to insure that the removal process does not cause health problems where non existed before.
Most industrialised nations have reduced or banned the use of asbestos for at least 30 years and now use fiberglass or woven ceramic fiber as a substitute, but since asbestos-caused disease has a latency period of up to 50 years, patients are still presenting with these illness today. Every year in America, approximately 3000 new cases of mesothelioma are diagnosed, and 550 deaths occurs due to asbestosis. According to the March 1991 Report of the Judicial Conference Ad Hoc Committee on Asbestos Litigation, asbestos exposure has caused the deaths of approximately 200,000 to 265,000 Americans.
Asbestos use peaked in the United States in 1973, when 1 million tons of the material were used. The EPA attempted to institute a complete legal ban on the use of asbestos products in 1989; however, this ban was largely eviscerated by the US 5th Circuit Court of Appeals in 1991, and some restricted use of asbestos, albeit in fewer products than before, resumed. Therefore, even today some workers are being exposed to this toxic material.
Asbestos is a serious continuing concern to the Environmental Protection Agency, and their website has detailed information on asbestos and its removal.
Concerns about the health risks of asbestos exposure date back to 1898, when the Chief Inspector of Factories of the United Kingdom reported to Parliament in his Annual Report about the "evil effects of asbestos dust". He noted that the "sharp, glass like nature of the particles" when allowed to remain suspended in the air, "have been found to be injurious, as might have been expected". In 1906 a British Parliamentary Commission confirmed the first cases of asbestos-related deaths in British factories and called for improved ventilation and other safety measures. In 1918 an American insurance company produced a study showing premature deaths in the asbestos industry in the United States and in 1926 the Massachusetts Industrial Accidents Board processed the first successful claim by a sick asbestos worker.
Today, lawsuits claiming compensation for asbestos-related illnesses are a growth industry in the legal profession. An internet search of "mesothelioma lawyer" yields 1,910,000 results. The original manufacturers of asbestos products have long since been driven into Chapter 11 bankruptcy; plaintiffs have now turned to suing corporations with peripheral connections to asbestos products. More than 70 American corporations have filed Chapter 11 bankruptcy in due to asbestos liability claims.
Since the 1970's, approximately 6% of all lawsuits filed in American courts have been asbestos-related. The lawsuits now facing the courts have been described as "an elephantine mass" by the US Supreme Court, and are expected to cost between 200 to 275 billion dollars to settle. Asbestos liability is one of the largest issues facing the global insurance industry today.
Most epidemiological studies expected the number of lawsuits to peak in the 1990s, but this has not occurred, either because of the long latency period of asbestos-related diseases, or because legal action is becoming more popular among asbestos-exposed members of the public due to high-profile legal cases and widespread advertising by attorneys who specialize in such cases.
Many complaints have been made by representatives of industries facing lawsuits and the insurance companies who will be expected to pay them that the asbestos-lawsuit industry is rife with fraud, with less that half of all payouts reaching the plaintiffs. Aggressive, ambulance-chasing lawyers are said to exaggerate medical disability and coach clients on their testimony.
The group of plaintiffs includes not only ill people, but also those who have merely have a history of asbestos exposure and want compensation for potential future health risks. According to the American Academy of Acturaries Mass Tort Work Group, more than 100 million Americans have been exposed to asbestos in their workplace during the past century.
Christian is an author of several articles pertaining to No Win No Fee, Compensation Claims, Work Accident Claims, Personal Injury Claims and other legal articles.
Mesothelioma Survival
Asbestos Exposure Sickness
Asbestos is a naturally-occurring fibrous mineral of metamorpic hydrous magnesium silicate. The term "metamorphic" is used to describe a process of extreme heat and pressure which creates specific secondary patterns of minerals with new chemical and/or physical properties.
As the primary rock is heated and recooled, silicate crystals align in long rows of mineral fibers, which easily separate into tiny shards thinner than a human hair. Asbestos fibers are not a health risk as long as they are undisturbed. However, when asbestos is undergoes natural weathering, or is mined and processed, the microscopic particles waft into the air and cause disease if they are inhaled.
Asbestosis occurs when an inhaled asbestos particle irritates the body's natural defence mechanisms, causing inflammation and scarring which eventually restricts lung function. Mesothelioma is a malignant tumor of the membranes surrounding the heart, lungs and abdominal cavity. Asbestos can also cause cancer of the mouth, throat, esophagus, larynx, stomach, lung and lymphoid tissue.
Asbestos exposure can also cause non-fatal illnesses such as asbestos warts, caused when asbestos fibers are lodged in the skin, causing lumps of scar tissue to form around the irritant in the same manner as they do in the lungs to cause asbestosis; pleural plaques, discrete, sometimes calcified fibrous lesions which can be seen on X-rays but are too small to cause breathing impairment; and diffuse pleural thickening, which can cause breathing impairment if it is extensive.
Due to its fire resistant properties, asbestos has been used historically for household and industrial purposes. It has been found woven into burial cloths in ancient Egypt, and Charlemagne reportedly had a tablecloth made of asbestos which he would throw into a fire to clean.
In World War II asbestos was considered so important by the War Department that it was considered a strategic material, and many American workers were exposed in the World War II boom in shipbuilding. After the war, it was widely used in the construction industry.
In modern Western society, it was used for such diverse purposes as lamp wicks, brake shoes, oven insulation, electrical hotplate wiring and home insulation, roofing and flooring. For instance, some kinds of vermiculite used in home insulation into the 1970s contained asbestos. The EPA banned this product in 1977.
When a home owner discovers asbestos in an old home, it should not be a cause for immediate panic. If the asbestos looks intact and is not pulverised, it is best to leave it alone. However, because of legal liability, schools and businesses containing asbestos usually must undergo a costly removal process, hazardous in itself because disturbing the stable asbestos product causes fibers to fill the air. Special equipment must be used to insure that the removal process does not cause health problems where non existed before.
Most industrialised nations have reduced or banned the use of asbestos for at least 30 years and now use fiberglass or woven ceramic fiber as a substitute, but since asbestos-caused disease has a latency period of up to 50 years, patients are still presenting with these illness today. Every year in America, approximately 3000 new cases of mesothelioma are diagnosed, and 550 deaths occurs due to asbestosis. According to the March 1991 Report of the Judicial Conference Ad Hoc Committee on Asbestos Litigation, asbestos exposure has caused the deaths of approximately 200,000 to 265,000 Americans.
Asbestos use peaked in the United States in 1973, when 1 million tons of the material were used. The EPA attempted to institute a complete legal ban on the use of asbestos products in 1989; however, this ban was largely eviscerated by the US 5th Circuit Court of Appeals in 1991, and some restricted use of asbestos, albeit in fewer products than before, resumed. Therefore, even today some workers are being exposed to this toxic material.
Asbestos is a serious continuing concern to the Environmental Protection Agency, and their website has detailed information on asbestos and its removal.
Concerns about the health risks of asbestos exposure date back to 1898, when the Chief Inspector of Factories of the United Kingdom reported to Parliament in his Annual Report about the "evil effects of asbestos dust". He noted that the "sharp, glass like nature of the particles" when allowed to remain suspended in the air, "have been found to be injurious, as might have been expected". In 1906 a British Parliamentary Commission confirmed the first cases of asbestos-related deaths in British factories and called for improved ventilation and other safety measures. In 1918 an American insurance company produced a study showing premature deaths in the asbestos industry in the United States and in 1926 the Massachusetts Industrial Accidents Board processed the first successful claim by a sick asbestos worker.
Today, lawsuits claiming compensation for asbestos-related illnesses are a growth industry in the legal profession. An internet search of "mesothelioma lawyer" yields 1,910,000 results. The original manufacturers of asbestos products have long since been driven into Chapter 11 bankruptcy; plaintiffs have now turned to suing corporations with peripheral connections to asbestos products. More than 70 American corporations have filed Chapter 11 bankruptcy in due to asbestos liability claims.
Since the 1970's, approximately 6% of all lawsuits filed in American courts have been asbestos-related. The lawsuits now facing the courts have been described as "an elephantine mass" by the US Supreme Court, and are expected to cost between 200 to 275 billion dollars to settle. Asbestos liability is one of the largest issues facing the global insurance industry today.
Most epidemiological studies expected the number of lawsuits to peak in the 1990s, but this has not occurred, either because of the long latency period of asbestos-related diseases, or because legal action is becoming more popular among asbestos-exposed members of the public due to high-profile legal cases and widespread advertising by attorneys who specialize in such cases.
Many complaints have been made by representatives of industries facing lawsuits and the insurance companies who will be expected to pay them that the asbestos-lawsuit industry is rife with fraud, with less that half of all payouts reaching the plaintiffs. Aggressive, ambulance-chasing lawyers are said to exaggerate medical disability and coach clients on their testimony.
The group of plaintiffs includes not only ill people, but also those who have merely have a history of asbestos exposure and want compensation for potential future health risks. According to the American Academy of Acturaries Mass Tort Work Group, more than 100 million Americans have been exposed to asbestos in their workplace during the past century.
Christian is an author of several articles pertaining to No Win No Fee, Compensation Claims, Work Accident Claims, Personal Injury Claims and other legal articles.
Mesothelioma Survival
What Do I Need to Know About Medical Malpractice Law?
Need a Family Lawyer?
When a medical malpractice lawyer is necessary, it is a sign that something unfortunate has already happened. We as a society have a tendency to place a great deal of faith in doctors, and when we feel that they have failed us, it can be quite devastating. While a doctor cannot be prosecuted for making a decision with negative consequences if he was acting with the best information that he had at the time, there should be and are repercussions for decisions and actions that could be considered incompetent or ill-considered, and this is where medical malpractice lawyers come in.
When you are looking at medical malpractice law, you will find that it is meant to protect patients from the professional negligence or from an omission committed by the care provider. While bearing in mind that the rules that go into regulating medical malpractice law will vary from state to state, it is generally understood that a plaintiff needs to prove four things. The first thing that a medical malpractice lawyer will help you prove is that the care provider in question did have a responsibility to look after your care, that that the provider failed in that duty and that that failure caused injury or harm. Then the damage must be proved; unless harm, damage or injury can be proved, there is no case.
A good medical malpractice lawyer is someone who has a great deal of experience when it comes to this field, and he or she will be able to assess your claim, and if necessary, convince a judge or jury that harm was done. They will have the expertise to know what professional witnesses might be required.
You will also likely find that for the most part, their services will cost you nothing because they will take their fee from a percentage of the settlement. This can be an extremely important thing to remember if you feel as though you have been wronged but you don't know where you are going to find the money to fight it.
When you are thinking about hiring a medical malpractice lawyer, you are going to find that there are many different things to keep in mind. The first thing that you will find is that there is a great likelihood that once you have brought a professional into the situation that the care provider in question will settle out of court. They often cannot afford the publicity or the time that a trial would take, and the medical malpractice insurance is intended for just such an occurrence. You will also find that just consulting with a lawyer who deals in this particular area of the law can go a long way towards getting you to the place that you need when it comes to recovering from financial hardship that was incurred during the incident in question.
If you feel that something inappropriate took place during medical care that you received, if you feel that there was an element of neglect or incompetence on the part of your care provider, you will find that consulting with a medical malpractice lawyer can go a long way towards getting the matter settled. Remember that there are many different things that you need to keep in mind when you are considering this issue, so take some time and make sure that you are getting the care that you need. For more insights and additional information about Medical Malpractice Law as well as resources to assist you with determining if you have a case and whether to move forward with it, please visit our web site at http://www.malpracticeinfonow.com
When a medical malpractice lawyer is necessary, it is a sign that something unfortunate has already happened. We as a society have a tendency to place a great deal of faith in doctors, and when we feel that they have failed us, it can be quite devastating. While a doctor cannot be prosecuted for making a decision with negative consequences if he was acting with the best information that he had at the time, there should be and are repercussions for decisions and actions that could be considered incompetent or ill-considered, and this is where medical malpractice lawyers come in.
When you are looking at medical malpractice law, you will find that it is meant to protect patients from the professional negligence or from an omission committed by the care provider. While bearing in mind that the rules that go into regulating medical malpractice law will vary from state to state, it is generally understood that a plaintiff needs to prove four things. The first thing that a medical malpractice lawyer will help you prove is that the care provider in question did have a responsibility to look after your care, that that the provider failed in that duty and that that failure caused injury or harm. Then the damage must be proved; unless harm, damage or injury can be proved, there is no case.
A good medical malpractice lawyer is someone who has a great deal of experience when it comes to this field, and he or she will be able to assess your claim, and if necessary, convince a judge or jury that harm was done. They will have the expertise to know what professional witnesses might be required.
You will also likely find that for the most part, their services will cost you nothing because they will take their fee from a percentage of the settlement. This can be an extremely important thing to remember if you feel as though you have been wronged but you don't know where you are going to find the money to fight it.
When you are thinking about hiring a medical malpractice lawyer, you are going to find that there are many different things to keep in mind. The first thing that you will find is that there is a great likelihood that once you have brought a professional into the situation that the care provider in question will settle out of court. They often cannot afford the publicity or the time that a trial would take, and the medical malpractice insurance is intended for just such an occurrence. You will also find that just consulting with a lawyer who deals in this particular area of the law can go a long way towards getting you to the place that you need when it comes to recovering from financial hardship that was incurred during the incident in question.
If you feel that something inappropriate took place during medical care that you received, if you feel that there was an element of neglect or incompetence on the part of your care provider, you will find that consulting with a medical malpractice lawyer can go a long way towards getting the matter settled. Remember that there are many different things that you need to keep in mind when you are considering this issue, so take some time and make sure that you are getting the care that you need. For more insights and additional information about Medical Malpractice Law as well as resources to assist you with determining if you have a case and whether to move forward with it, please visit our web site at http://www.malpracticeinfonow.com
Thursday, August 21, 2008
Avoid any medical malpractice in Connecticut
Expert piece on medical malpractice in the state of CT.
Medical Malpractice is something that has been going on for centuries. However, now that we have the abilities to prove and held the right people responsible, medical malpractice is getting more attention then ever before. Sad stories of people dying on the accord of some silly mistake are flooding our news rooms and TV screens.
Lawyers are creating whole firms to deal with this specific sector of law, one in which deserves a closer look. When most people have to pay a visit to the doctor or hospital, they get pretty nervous as to if this is the time that they are going to find something. What we should be concerned of is if there are other factors affecting the decisions that our doctors, nurses, and medical institutions make.
In every state there are laws that are going to be different according to different rules and regulations. In regards to medical malpractice in Connecticut there are some laws that are very different then its boarding states. Connecticut does not impose a limit on any types of damages. This means that it is up to whatever monetary value that the judge and or jury thinks the victim should receive.
If it is in regards to a devastating case that resulted in the death or dismemberment of an innocent victim by a greedy and money hungry defendant, then potentially the award could be staggering. In regards to the collateral source rule, in Connecticut, there is obligatory lessening of any monetary value awarded by collateral source payments, but the petitioner is recognized for any cash money paid.
When determining the liability of joint and several defendants, Connecticut is strict in modifying the general rule to so that the comparative liability of each defendant is determined, and defendants are liable only for the amount of damages in relations to the amount of fault that had been attributed to them. In regards to the statute of limitations being 2years after the crime was committed; Connecticut gives no exception to any victims that are minors who might not be aware because of their age and lack of knowledge. Another rule that Connecticut invokes is that they have a controlled pretrial screening of malpractice cases. An undisputed ruling from the pretrial screening is permissible at trial.
Medical malpractice is a very complicated area of law, thus calling for lawyers to be specialized and concentrated in the area. Medical malpractice in Connecticut definitely has manipulated and changed the common law to more suit their state. Connecticut is known for being very conservative, thus is makes sense for their laws to more strict than their neighboring states. Thus it would be beneficial for those involved in medical malpractice cases in Connecticut to contact a medical malpractice attorney specialized in Connecticut law enabling for the best practice to take place.
About the Author
Paul Justice gives advice to clients who are looking for attorneys to handle injury related cases such as medical malpractice, automobile accidents. To know more about malpractice lawyer, medical malpractice NYC, malpractice attorney, Medical malpractice in Connecticut and medical malpractice Brooklyn visit www.nbrlawfirm.com
Medical Malpractice is something that has been going on for centuries. However, now that we have the abilities to prove and held the right people responsible, medical malpractice is getting more attention then ever before. Sad stories of people dying on the accord of some silly mistake are flooding our news rooms and TV screens.
Lawyers are creating whole firms to deal with this specific sector of law, one in which deserves a closer look. When most people have to pay a visit to the doctor or hospital, they get pretty nervous as to if this is the time that they are going to find something. What we should be concerned of is if there are other factors affecting the decisions that our doctors, nurses, and medical institutions make.
In every state there are laws that are going to be different according to different rules and regulations. In regards to medical malpractice in Connecticut there are some laws that are very different then its boarding states. Connecticut does not impose a limit on any types of damages. This means that it is up to whatever monetary value that the judge and or jury thinks the victim should receive.
If it is in regards to a devastating case that resulted in the death or dismemberment of an innocent victim by a greedy and money hungry defendant, then potentially the award could be staggering. In regards to the collateral source rule, in Connecticut, there is obligatory lessening of any monetary value awarded by collateral source payments, but the petitioner is recognized for any cash money paid.
When determining the liability of joint and several defendants, Connecticut is strict in modifying the general rule to so that the comparative liability of each defendant is determined, and defendants are liable only for the amount of damages in relations to the amount of fault that had been attributed to them. In regards to the statute of limitations being 2years after the crime was committed; Connecticut gives no exception to any victims that are minors who might not be aware because of their age and lack of knowledge. Another rule that Connecticut invokes is that they have a controlled pretrial screening of malpractice cases. An undisputed ruling from the pretrial screening is permissible at trial.
Medical malpractice is a very complicated area of law, thus calling for lawyers to be specialized and concentrated in the area. Medical malpractice in Connecticut definitely has manipulated and changed the common law to more suit their state. Connecticut is known for being very conservative, thus is makes sense for their laws to more strict than their neighboring states. Thus it would be beneficial for those involved in medical malpractice cases in Connecticut to contact a medical malpractice attorney specialized in Connecticut law enabling for the best practice to take place.
About the Author
Paul Justice gives advice to clients who are looking for attorneys to handle injury related cases such as medical malpractice, automobile accidents. To know more about malpractice lawyer, medical malpractice NYC, malpractice attorney, Medical malpractice in Connecticut and medical malpractice Brooklyn visit www.nbrlawfirm.com
FDA Drug Industry Law
The following piece is from an expert in personal trial issues - including drug industry lawsuits.
Challenging the FDA and Drug Industry by Marya Sieminski
Many in today's society are quickly realizing that just because the Federal Drug Administration approved a drug, doesn't mean that it's safe. An example of this is actor Dennis Quaid, who nearly lost his newborn twins when they were given an excessive dosage of Herapin. While the labels of the two bottles look nearly identical, the dosage that the Quaid twins received was 1,000 times larger than the amount they should have consumed. Although the company warned hospitals and requested label changes, they didn't take the drug off of the market.
According to Healthgrades, almost 250,000 patients studied between 2003 and 2005 died from potentially preventable problem dealing with improper medication use. The Institute of Medicine approximates that 1.5 million patients suffer the consequences of medication mistakes. Despite this, the Bush Administration has attempted to pass a bill of goods to the courts, under the grounds that states don't have the right to hold a company accountable for selling a product that has been approved by the federal government. This, many medical experts agree, would be a grave mistake and ultimately would harm drug safety.
An important case to cite is that of Vioxx. In this example, Vioxx was approved by the FDA in 1998, even though it could potentially cause heart attack, stroke, or cardiovascular problems. This is a great example of why the court system is so important. Medical experts remind us that it is absolutely paramount that a drug be constantly monitored during the post-marketing period, as it is possible that new serious safety issues may arise only after a drug has entered the market.
Mistakes in the practice of medicine, especially dealing with medication, are often life-changing and sometimes irreversible. As we handle a considerable number of medical malpractice cases each year, the Law Offices of Samuel I. Bernstein urges you to find an experienced lawyer who will fight on your behalf.
The Law Offices of Samuel I. Bernstein, our Michigan personal injury and medical malpractice law firm, has championed the cause of seriously injured Michigan victims for three generations.
About the Author
Attorney Marya Sieminski joined the Law Offices of Sam Bernstein in 2003. She is admitted to practice law in Michigan state courts and the U.S. District Court for the Eastern District of Michigan. She earned a Bachelor of Science degree at MIT and graduated magna cum laude from Wayne State University Law School. Marya has worked as a trial lawyer for 10 years and exclusively represented victims in personal injury litigation and in worker compensation claims.
Challenging the FDA and Drug Industry by Marya Sieminski
Many in today's society are quickly realizing that just because the Federal Drug Administration approved a drug, doesn't mean that it's safe. An example of this is actor Dennis Quaid, who nearly lost his newborn twins when they were given an excessive dosage of Herapin. While the labels of the two bottles look nearly identical, the dosage that the Quaid twins received was 1,000 times larger than the amount they should have consumed. Although the company warned hospitals and requested label changes, they didn't take the drug off of the market.
According to Healthgrades, almost 250,000 patients studied between 2003 and 2005 died from potentially preventable problem dealing with improper medication use. The Institute of Medicine approximates that 1.5 million patients suffer the consequences of medication mistakes. Despite this, the Bush Administration has attempted to pass a bill of goods to the courts, under the grounds that states don't have the right to hold a company accountable for selling a product that has been approved by the federal government. This, many medical experts agree, would be a grave mistake and ultimately would harm drug safety.
An important case to cite is that of Vioxx. In this example, Vioxx was approved by the FDA in 1998, even though it could potentially cause heart attack, stroke, or cardiovascular problems. This is a great example of why the court system is so important. Medical experts remind us that it is absolutely paramount that a drug be constantly monitored during the post-marketing period, as it is possible that new serious safety issues may arise only after a drug has entered the market.
Mistakes in the practice of medicine, especially dealing with medication, are often life-changing and sometimes irreversible. As we handle a considerable number of medical malpractice cases each year, the Law Offices of Samuel I. Bernstein urges you to find an experienced lawyer who will fight on your behalf.
The Law Offices of Samuel I. Bernstein, our Michigan personal injury and medical malpractice law firm, has championed the cause of seriously injured Michigan victims for three generations.
About the Author
Attorney Marya Sieminski joined the Law Offices of Sam Bernstein in 2003. She is admitted to practice law in Michigan state courts and the U.S. District Court for the Eastern District of Michigan. She earned a Bachelor of Science degree at MIT and graduated magna cum laude from Wayne State University Law School. Marya has worked as a trial lawyer for 10 years and exclusively represented victims in personal injury litigation and in worker compensation claims.
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