Monday, January 28, 2019

Diagnosis of mesothelioma at its early stages can be a challenge even for the most experienced oncologists. Referred as asbestos cancer, this rare and aggressive disease is directly related to asbestos exposure. Mesothelioma affects the tissue that is surrounding the lungs, heart and abdominal cavity.

Mesothelioma Symptoms
The first signs indicating mesothelioma appear 30 to 50 years after the initial exposure to asbestos, and most of them are similar to those induced by pneumonia, asthma, bronchitis and other common illnesses. The main symptoms of pleural mesothelioma include:

Fever
Difficulty swallowing
Pleural effusion (fluid in the chest cavity)
Cough
Shortness of breath
Chest pain
Hoarseness
Weight loss
This form of cancer accounts for 75 percent of all cases, causing intense pain.

Less than 20 percent of those who develop asbestos cancer are diagnosed with peritoneal mesothelioma. This disease is very rare and attacks the lining surrounding the abdomen. The most common signs indicating peritoneal mesothelioma include:

Digestive disturbances
Bowel obstruction
Elevated white blood count
Ascites (fluid in the abdomen)
Loss of appetite
Weakness
Anemia
Abdominal pain
Pericardial mesothelioma accounts for less than 10 percent of all cases. This form of cancer is extremely rare and attacks the heart's serous lining. Approximately 200 people worldwide are diagnosed with pericardial mesothelioma each year. People who suffer from this disease usually present:

Heart palpitations
Irregular heartbeat
Severe chest pain,
Fluid retention in the legs
Difficulty breathing
Night sweats
Low blood pressure
Fatigue
Tests and Diagnosis

If the patient presents any of the signs described above, the doctor will order a computerized tomography (CT) scan, a chest X-ray, or a biopsy. He will also check for symptoms and possible risk factors and perform imaging test to find areas that might be cancerous. If mesothelioma is detected in the early stages, the patient's life expectancy increases significantly.

Diagnosing this aggressive form of cancer can be done using PET scans, lung function tests, blood tests, and immunohistochemistry tests. The doctor may also order a laparoscopy to check for tumors, take out organs or do a biopsy. Depending on the doctor's recommendations, mesothelioma patients will undergo a thoracoscopy, a mediastinoscopy or a bronchoscopy. A chest X-ray can reveal the accumulation of fluid in the lungs, while a computed tomography (CT) test will detect any signs of chest wall invasion or pleural effusion.

If the doctor finds any abnormal tissue, he will do a biopsy. To diagnose peritoneal mesothelioma, the specialist will use a peritoneoscope to look inside the abdomen. One of the most popular tools for diagnosing mesothelioma is video-assisted thoracic surgery. This minimally invasive procedure allows doctors to do biopsies of the pleural fluid, nodules, masses and pleural lining by making small incisions through the chest wall. Most tests are done in the hospital with a local anesthetic.

For most patients diagnosed with mesothelioma, the medical bills are overwhelming. If your illness has been caused by exposure to asbestos, or if you'd like to know more about mesothelioma, please fill out our mesothelioma packet form.

Sunday, January 27, 2019

Mesothelioma Litigation

Mesothelioma Litigation

Asbestos, a mineral material which was used in thousands of industrial and consumer products in the mid-20th Century, can lead to a number of devastating diseases, including cancer called mesothelioma. Since many companies and manufacturers understood the dangers involved in working with asbestos products but continued their use anyway, mesothelioma litigation has become a billion-dollar business. Attorneys now specialize in mesothelioma cases, and many former manufacturers of asbestos-containing products have been forced to declare bankruptcy rather than go through multiple, costly court cases.
Settlements for mesothelioma litigation can reach into the millions of dollars. Part of the reason for such high judgments in mesothelioma litigation is the discovery of documents which proved that asbestos manufacturers had scientific proof, almost 70 years ago, that the inhalation of asbestos could lead to health problems. Furthermore, the asbestos manufacturers intentionally hid this information to protect their business profits, continuing to expose their employees and consumers to asbestos despite the risks.
There are several causes of action that give rise to asbestos/mesothelioma litigation. For example, a person who is exposed to asbestos because of a product he or she came into contact with may have a claim of product liability. Many old homes were constructed using asbestos, and some homeowners have contracted mesothelioma because of their asbestos exposure within the home. If you were employed by an asbestos manufacturer, worked in construction where asbestos was used or worked in a building containing asbestos, you may be able to use a workers' compensation claim. If a loved one died of mesothelioma after being exposed to asbestos and you are an heir to the estate, you may have a wrongful death claim and therefore able to begin mesothelioma litigation on behalf of the estate.
After a diagnosis of mesothelioma, it is imperative to contact an attorney and begin mesothelioma litigation immediately. Every state has laws, called statutes of limitations, which bar a lawsuit after a certain amount of time. The courts have recognized that the symptoms of mesothelioma may take up to 30 or even 50 years to manifest, which means that the diagnosis of mesothelioma may come long after the exposure to asbestos occurred. For that reason, the statute of limitations in mesothelioma litigation begins to run at the time of the mesothelioma diagnosis and not at the time of the actual asbestos exposure. These limits still vary from state to state, however; they can be as brief as one year or as long as six, so contacting an attorney as soon as possible after diagnosis is a good idea in any case.
In recent years, some asbestos manufacturers have filed for bankruptcy, seeking the protection of the Federal Court against their judgment creditors. Therefore, victims of asbestos exposure must seek sound legal advice before beginning mesothelioma litigation. An attorney can help a victim determine the solvency of the proposed defendant and ascertain whether or not others should be held liable for the victim's injuries. An experienced mesothelioma attorney can help victims locate other financial compensation for their injuries, or apply to the bankruptcy trust created to compensate mesothelioma victims.
During mesothelioma litigation, a victim may ask for a variety of damages. The law recognizes that victims of mesothelioma may suffer more than just physical harm from the disease. For that reason, a mesothelioma victim may ask for damages relating to loss of income, emotional distress, medical expenses, future medical care, and pain and suffering. They can even seek punitive damages. Most of the damages awarded a plaintiff in mesothelioma litigation are designed to make the plaintiff whole again. However, under the law punitive damages are designed to punish the defendant and deter their bad behavior in the future. In mesothelioma litigation, punitive damages are awarded to the plaintiff because of the overwhelming evidence that asbestos manufacturers actively sought to hide the known risks of asbestos exposure.

Financial Assistance for Mesothelioma

Financial Assistance for Mesothelioma

There are many different types of financial assistance available for those who have been diagnosed with mesothelioma, rare cancer which occurs in workers who have been exposed to asbestos. Social Security Disability Insurance (SSI); private disability insurance; health insurance; clinical trials; and workers’ compensation benefits are all viable financial assistance for mesothelioma patients. Funds created by private individuals, as well as by corporations, provide money for research into treatment, cures, and prevention. Furthermore, some individuals choose to pursue legal recompense, bringing suit against the manufacturers and employers who may have been responsible for their asbestos exposure.
There are a number of funds and foundations in the private sector, established by mesothelioma sufferers and their families. These organizations raise funds to help those suffering from the disease to pay for treatment, medication, and even living expenses that they cannot otherwise afford. Foundations such as the Mesothelioma Research Foundation of America fund laboratories that work hard to develop, among other things, drugs that can help mesothelioma patients. Among the Foundation’s accomplishments, the Chairman of the Medical Advisory Board is developing a drug called Veglin to help mesothelioma patients; funds for its development and progression through FDA trials towards approval came strictly from the Foundation. Other organizations such as the Mesothelioma Treatment Centers support mesothelioma research, provide patients with both financial and legal assistance, and provide access to the best doctors and patient care for those afflicted with mesothelioma. Mesothelioma is a devastating disease that can take an extensive emotional toll as well as a devastating financial one. The mission of these organizations is to learn as much about mesothelioma as possible and to ease the physical pain, emotional burden and financial drains on those who have been diagnosed with it.
There are government-sponsored programs, such as Social Security Disability Insurance—SSI—that pay benefits to disabled workers, their spouses, and their dependent children. SSI also helps disabled widows, widowers, and adult children of retired or deceased workers by providing benefits to help them through the financial difficulties that come with mesothelioma. To find out more, visit your nearest Social Security office or visit their website, www.ssa.gov.
Private disability insurance is a policy or policies taken out by the patient or the patient’s family, or that the patient obtained through his or her job, whose benefits payout to replace a percentage of the worker’s normal wages when the insured is unable to work. Normally the insurance company requires a medical explanation from the insured’s physician; in the case of mesothelioma, there is usually little resistance to paying out the benefits.
Health insurance policies, both purchased privately or those employer-provided sometimes can help pay for some of the costs associated with mesotheliomas, like diagnostic testing, some treatments, and some prescription medications. The patient should look very closely at his or her health insurance policy because often diagnosis such as mesothelioma and other asbestos-related cancers are explicitly excluded in the policy’s coverage.
Many drug companies, hospitals, researchers, and physicians take part in clinical trials. Sponsors of the trial will usually cover the costs related to the treatment, as well as a few related costs, such as travel costs if the patient has to travel extensively to receive the treatment. Other times, some of the costs of participating in such a clinical trial may be covered in the patient’s health insurance. In this situation, it is also a good idea to discuss your financial situation with one of the representatives from the research team. It may be possible that he or she can discuss the details of health plan coverage as it relates to mesothelioma and its related treatments.
Because mesothelioma is a disease most likely caused by asbestos in the workplace, those whose disease developed on the job or as a direct result of it may be eligible for workers’ compensation benefits. These benefits usually pay for medical expenses and a part of the injured worker’s pay while the worker is disabled. Workers’ compensation benefits are in addition to those you may be owed from the company directly.

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Mesothelioma Lawsuits



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If you, or a loved one, has developed mesothelioma because of exposure to asbestos, you may be considering filing a mesothelioma lawsuit. Mesothelioma is a type of cancer which affects the mesothelium, a protective layer of tissue surrounding such important organs as the heart, lungs, and stomach.

Those who develop the disease have been exposed to asbestos, often while performing their job. The disease often does not exhibit symptoms for a long period of time—up to 50 years in some cases—which makes it hard to diagnose in the earlier stages. Another unfortunate hallmark of the disease is that mesothelioma does not respond well to traditional cancer treatment methods.

Mesothelioma is most commonly diagnosed in men between the ages of 60 to 70, due to the high rate of asbestos exposure in traditionally male-dominated fields such as construction, plumbing, shipbuilding, mining, milling and manufacturing. The average mesothelioma patient dies within six to eighteen months of diagnosis, often gasping for breath and experiencing extreme pain.

Others who may develop mesothelioma include the children and spouses of workers who were exposed on the job, because affected workers often carried asbestos fibers and dust in their hair, on their skin, and on their clothes.

Asbestos Exposure and Litigation

The hazards of asbestos to human health have been known for decades, but often the companies which made and used asbestos-containing products conspired to keep their workers in the dark. Adequate protective gear was not provided. The key to winning a mesothelioma lawsuit is in proving that although the defendant companies knew they were putting workers and their families at risk, they did nothing to mitigate this risk.

The long latency period of mesothelioma, as well as the ubiquity of asbestos-containing products, can make establishing liability very difficult. In many asbestos-related lawsuits, there are dozens of defendants, since it is nearly impossible to prove that any one of them manufactured, or did not manufacture, the product which may have been responsible for giving off the asbestos fibers that led to the disease. The complicated nature of most mesothelioma lawsuits will necessitate the services of an experienced attorney.

There are many law firms and lawyers which specialize in fighting these kinds of cases, or which have a dedicated staff and extensive resources. Mesothelioma lawsuits can drag on for years, and can be emotionally draining for the plaintiff and his or her family.

A mesothelioma lawsuit can usually be filed within two years of diagnosis, although the time limit can vary by state. A suit can be filed on your behalf if you were the injured party. On the other hand, if a loved one died from mesothelioma, the executor of the estate of the deceased or a family member can file it. A lawsuit can be filed not only by someone who obtained the disease because of years of exposure to asbestos but also by someone who obtained the disease through contact with an affected person.

A mesothelioma lawsuit can be a way for victims of asbestos disease to recover monies for pain and suffering, loss of income, loss of consortium (marital companionship) and medical expenses. A jury may also award punitive damages.

Most mesothelioma cases are appealed by the defendants, especially if a multi-million dollar verdict was handed down. You attorney will explain all of the potential outcomes of your case to you, and will make sure that you understand the possibilities before you begin the process of bringing suit.

Types of Mesothelioma

Types of Mesothelioma


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Types of Mesothelioma
Many people think of mesothelioma as a disease of the lungs, but that is not always the case. Mesothelioma is a type of cancer that is generally caused by asbestos exposure. It can can be diagnosed in anyone who has been exposed to asbestos, even briefly, but is more common in those who were exposed to high levels of the toxic substance, or who worked around it for years. It can take 20 to 50 years after the exposure began for the individual to develop any mesothelioma symptoms.

Asbestos fibers are microscopic, sharp and easy to inhale. After being inhaled, these fibers can lodge in any area of the body that has a special protective lining, called a mesothelium. The mesothelium forms a double membrane which both lines the inner body cavities and covers the organs. The lungs, heart, stomach and testes are all protected by a mesothelial layer, and their natural movement is aided by the production of a special fluid produced by the mesothelium.

Pleural Mesothelioma

Pleural mesothelioma, which is one of the most common asbestos-related cancers, develops in the pleural mesothelium, the membrane that lines the lungs and the inside of the chest cavity. Pleural mesothelioma can be extremely difficult to diagnose, both because of its decades-long latency period, and because its symptoms tend to be non-specific. Shortness of breath, coughing, chest pain and fatigue are associated with a number of common respiratory conditions, including the common cold, emphysema, bronchitis and asthma. Occasionally, a patient experiencing these symptoms may feel that they are just getting over a mild virus, or even just getting older, and therefore avoid consulting their physician. When they do seek medical attention, the doctor may not suspect mesothelioma unless there is known asbestos exposure in the patient's past. Many cases of pleural mesothelioma are initially misdiagnosed.

Peritoneal Mesothelioma

Peritoneal mesothelioma is the second most common type of cancer caused by asbestos exposure. Doctors are not completely sure how the asbestos fibers make their way into the abdominal cavity, but one plausible explanation involves asbestos dust falling into the victim’s food or beverage, and then being ingested. Others have hypothesized that the fibers can travel through either the bloodstream or the lymphatic system after being inhaled. In any case, the fibers lodge themselves inside the abdominal lining and begin to develop tumors. Like pleural mesothelioma, peritoneal mesothelioma is very difficult to diagnose because of the range of non-specific symptoms that it can cause. Patients may experience pain, bloating and in some cases, shortness of breath.

Pericardial Mesothelioma

Pericardial mesothelioma is one of the rarest types of mesothelioma. Again, the genesis of this cancer is not precisely understood, but it is known the asbestos fibers can penetrate the pericardium, or the membrane around the heart, which then develops scar tissue as a result of the constant invasion of these fibers. This scar tissue builds up, eventually interfering with normal heart function, in addition to fostering the formation of a cancerous tumor. Some symptoms of pericardial mesothelioma include an irregular heartbeat and heart palpitations, as well as chest pain and difficulty breathing.

Many cases of both peritoneal and pericardial mesothelioma are discovered only when the patient's physician is conducting screening or surgery for an unrelated condition.

Another form of mesothelioma involves the testicular lining. Testicular mesothelioma is the rarest form of mesothelioma, with under 100 confirmed diagnoses. Because this cancer is so rare, it is difficult to determine what the actual symptoms are. The most apparent include testicular lumps or swelling in the scrotum area. Doctors simply do not know how the asbestos fibers are absorbed into the testicular lining.

Mesothelioma is aggressive cancer. Treatment may include surgery, chemotherapy, and radiation, but they are less effective than in other types of cancer. Also, because the fibers are embedded in the body’s lining, the tumors will keep appearing and most likely become malignant. Another obstacle with mesothelioma is an accurate and timely diagnosis. The latency period is so extensive, the fibers have had plenty of time to wreak havoc on the body’s lining before ever causing any symptoms.

Men have a much higher rate of mesothelioma than women. This can be attributed to the 27.5 million jobs, most of which were traditionally held by men, that dealt with asbestos during the 40-year span of its peak usage. Family members who lived with an asbestos worker are at a higher-than-average risk of developing mesothelioma, as well, because asbestos fibers can be carried home on clothing


Prognosis of mesothelioma

Mesothelioma Prognosis



Mesothelioma is the cancer of the mesothelium - the thin layer of tissue that lines body cavities and organs like the lungs and heart. The cancer is rare but highly aggressive. Nine out of ten times, it is caused by asbestos exposure. The other 10 percent of cases usually have had suspected but unconfirmed exposure to asbestos.

Asbestos fibers are tiny, and can noticeably be breathed in or swallowed. They lodge themselves in the deepest crevices of the lungs, damaging sensitive tissue, and they can often find their way to the mesothelium. There, they change otherwise normal cells into cancerous ones, inducing mutations that force them to grow uncontrollably and without order. This growth creates a tumor which can eventually kill a patient.


Mesothelioma Detection

As with any cancer, early detection of mesothelioma is the key to a good prognosis. Unfortunately, in most cases, it is not diagnosed until it reaches its later stages. This is because symptoms often take 20 to 50 years to develop after the initial asbestos exposure. Once symptoms do appear, cancer has already taken hold, and it is usually too late to do anything - it might already have metastasized (spread to distant regions of the body), and the tumor might not be responsive to chemotherapy. Additionally, mesothelioma mimics other diseases with its symptoms, so the disease is often misdiagnosed. Proper treatments are therefore usually delayed until the diagnosis is corrected.

Mesothelioma Life Expectancy

While there are certainly a few cases of people living relatively long and healthy lives after diagnosis and treatment for mesothelioma, prognoses are generally very poor. According to the American Cancer Society, the five-year survival rate of patients diagnosed with malignant mesothelioma is approximately 10 percent. This rate is only an average, and changes are based on a variety of factors, including what stage cancer achieved when it was detected and the type and efficacy of the treatments administered.

Age of onset is also an important factor in determining a patient's prognosis. Younger patients tend to be healthier so they can withstand the stresses that chemotherapy, surgery, and radiation therapy can place on the body. Since they recover quicker and heal faster, more aggressive treatments can be implemented.

The type of mesothelioma that a patient is diagnosed with can also have an effect on his or her prognosis. The very common type of the disease is pleural mesothelioma. In pleural mesothelioma, the cancer is in the lining of the body cavity that surrounds the lungs. Other forms of the disease include peritoneal mesothelioma - where cancer affects the lining of the lining of the abdominal cavity - and pericardial mesothelioma, the cancer of the lining of the heart. All three of these are equally deadly, but since pleural mesothelioma is the most common, it is the most frequently studied, resulting in more treatments existing for it.

Lastly, cell type appears to have an effect on the life expectancy, and thus the prognosis, of mesothelioma patients. Differently shaped cancerous cells, as determined by a pathologist, seem to have different properties and different consequences for a patient. Epithelioid cells appear to have the best prognoses, while sarcomatoid and biphasic cells have worst ones.