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Asbestos Mesothelioma Lawyer

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Editor: Brandon West
Profession: Brayton Purcell LLP

March 12, 2007

By Brandon Smith

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Asbestos Lawsuit Results In $868,000 Plaintiff's Verdict

Category: Asbestos News

A San Francisco Superior Court jury recently returned an asbestos related verdict of $868,000 for the family of a drywall taper that died as a result of his prolonged exposure to asbestos containing products and mixes. Douglas Ivance spent his entire adult life as a dry wall taper where he used asbestos containing products, including joint compounds and sprays manufactured by Rich-Tex, Inc. a Richmond, California based supplier. The compounds and sprays utilized asbestos in their manufacture and when mixed and applied as directed, asbestos fibers and dust particles were released into the air which Ivance breathed. In April of 2003 Ivance, died on Easter Sunday from complications of severe asbestos-related pleural disease and asbestoses. The jury awarded $368,787.64 in economic damages and $500,000 in non-economic damages after determing Rich-Tex could have took precautions to prevent this unfortunate result.

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March 06, 2007

By Brandon Smith

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Mesomark-A New Test For The Early Detection Of Mesothelioma

Category: Mesothelioma News

For those affected by the deadly cancer of mesothelioma after prolonged exposure to asbestos containing fibers and products, Mesomark might just be the newest aid in monitoring and controlling the fatal disease. Since its approval for humanitarian use in the United States by the U.S. Food and Drug Administration in January of this year, many all over the world have already benefited from it use. Manufactured by Fujirebio Diagnostics, (FDI) Mesomark is a new blood testing kit designed to detect Soluble Mesothelin-Related Peptides (SMRP) in human serum. When evaluated over time, it is said to be useful in determining who might develop mesothelioma and further monitor the condition in those that already do.

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March 04, 2007

By Brandon Smith

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"Ban Asbestos in America Act of 2007"-A Good Start To An Old Problem

Category: Asbestos News

Recent debate has sparked the necessary movement toward an outright ban of asbestos use in the United States as of late and Senator Patty Murray (D-WA) has now taken these efforts one-step further through the introduction of her legislation, "Ban Asbestos in America Act of 2007." The legislation, which has gained the support of many renown doctors and civic organizations alike, is geared toward mandating a reduction of asbestos containing products and materials over time with the eventual goal of achieving a total ban of the deadly product within the next few years. The Mesothelioma Applied Research Foundation and Dr. Harvey Pass of the NYU School of Medicine see this as a great step toward eliminating a product that has caused the death of thousands and is expected to cause thousands more in the future.

Continue reading ""Ban Asbestos in America Act of 2007"-A Good Start To An Old Problem"

March 01, 2007

By Brandon Smith

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Asbestos Lawsuit Filed After Kansas City Man Dies From Mesothelioma

Category: Mesothelioma Lawsuits

On February 28, 2007 the estate of Robert Briggs filed an asbestos lawsuit in Madison County Circuit Court after claiming his death was wrongful and should have been prevented. Briggs, who worked for Owens Corning and Jay Wolfe Pontiac in Kansas City for many years, died from Mesothelioma on March 21, 2005. In the complaint, 94 defendant corporations have been named as responsible parties as it is believed that many of them knowingly exposed Briggs unnecessarily to asbestos containing products and fibers.

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February 22, 2007

By Brandon Smith

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Action Mesothelioma Day-February 27, 2007

Category: Mesothelioma News

In case you did not know it, February 27, 2007, is "Action Mesothelioma Day" in the United States and abroad. It even now has gained the support of Amicus, which is the UK's largest and most powerful private sector union. A planned meeting is scheduled to occur on Albert Square at 12:30pm in Manchester. It is a day designed to promote awareness to the debilitating cancer that effects thousands of patients every year. In honor of those lost and for those still fighting the deadly illness, hundreds of balloons will be released to commemorate the event. It is the hope of all through promotion of events like this that one day a cure will be found for all those who suffer from mesothelioma.

February 20, 2007

By Brandon Smith

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Vaclaim.org-A Website Dedicated To Helping Our Veterans

Category: Mesothelioma News

Vaclaim.org is the newest website site devoted to helping those veterans affected and diagnosed with deadly cancer of mesothelioma. It is a website sponsored by the Veterans Administration designed to provide benefits to all veterans and to help promote the best care and treatment possible for our countries heroes.

According to transworldnews.com:

"Too many veterans are suffering from Mesothelioma from their exposure to asbestos in the military, said Ken Smith, principle advocate of VAclaim.org." We are a Free service to veterans. We help them find the right NSO and help them understand the complex nature of their affliction. We are not lawyers posing as veterans, we are all veterans posing as veterans. We act as a scout to help veterans with mesothelioma find resources. We are interested in the best interests of our brothers.

February 19, 2007

By Brandon Smith

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Paul Kraus-An Inspiration To All Mesothelioma Victims

Category: Mesothelioma News

Following the 10th anniversary of his survival of the deadly cancer entitled mesothelioma, Paul Kraus marches forward in his conquest and gives hope to those affected by the deadly cancer and disease. After being diagnosed with mesothelioma in June of 1997, Paul Kraus has been an inspiration and ideological figure for those afflicted by the deadly disease.

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February 18, 2007

By Brandon Smith

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Fundraiser Promotes Asbestos And Mesothelioma Awareness

Category: Asbestos and Mesothelioma

In a recent fund raiser concerned with the promotion of asbestos exposure and the effects of mesothelioma, the Pacific Heart, Lung & Blood Institute raised $250,000 for asbestos cancer research last week in an effort to promote further exposure to the deadly disease and health condition. The fund raiser included performances by the Grammy Award- winning jazz trumpeter Chris Botti and the 2006 Tour de France winner Floyd Landis who gave their support in an effort to bring awareness and support to the worthy cause.

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February 16, 2007

By Brandon Smith

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Money Drives Continued Use Of Asbestos With No End In Sight

Category: Asbestos and Mesothelioma

If you think asbestos and the deadly disease of mesothelioma is a thing of the past you better think again. Yes it would make perfect sense that no one in the United States would still use the deadly fiber but many industries both here and abroad still refuse to use other safer alternatives. Why would any company or facility use asbestos containing products in this day and time knowing full well what its deadly effects are (mesothelioma, asbestosis, lung scarring, respiratory problems, etc.)? The answer is really quite simple: money. It is still much cheaper material to use for a varity of reasons which is the only reason many corporations and entities need to justify their answer. They do not care what it does to its employees and/or the deadly effects it can have on their loved ones. It is a shame in this day and time that this is the case but for those of us who deal with companies and manufacturers on a regular basis, I can not say that it surprises me. Dr. Barry I Castleman, one of the world's formost experts on asbestos, discusses his thoughts on the continued use of asbestos here.

January 21, 2007

By Brandon Smith

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Why Are Mesothelioma Verdicts And Settlements So Large?

Category: Asbestos and Mesothelioma

For anyone that has not fully experienced the effects of asbestos or seen the devastating effects mesothelioma can have on a family it might be difficult for them to understand why so many juries decide to give such large awards in jury trials around the United States and the world abroad. The simple reason is, more times than not, that a company or manufacturer knowingly decided it was more important to save company funds by using asbestos containing products rather than other safer products which would not have exposed its employees to the caner causing materials. In essence, the companies and/or manufacturers actively chose to put profits over people. The large awards given in cases where such actions and decisions have taken place is societies way of saying these entities should not have put profits over people.

To better unerstand the devastating effects these profit driven decisions can have you have to look no further than Rick Erickson's story who grew up in Libby, Montana.


Continue reading "Why Are Mesothelioma Verdicts And Settlements So Large?"

January 07, 2007

By Brandon Smith

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Settlement Fund Approved For Asbestos Exposed Victims

Category: Asbestos News

A settlement fund has been approved for Owens Corning, a building material manufacturer and producer, that will compensate over 2,000 Puget Sound residents after being exposed to and suffering from asbestos related fibers and materials.

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December 30, 2006

By Brandon Smith

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New Second Hand Mesothelioma Lawsuit Filed In Madison County

Category: Mesothelioma Lawsuits

A retired Florida man recently filed a lawsuit in Madison County Circuit Court after being diagnosed with mesothelioma. The diagnosis was linked to years of exposure to asbestos products and fibers in his home and at various worksites. Louis Holzworth worked as a factory worker, warehouse foreman, and molder among others for a period in excess of 40 years. His wife Joan worked as an inspector with Amphenol Corporation and was believed to have brought home particles of asbestos dust on her work clothing that subsequently became airborne in the family home.

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December 29, 2006

By Brandon Smith

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Ohio Court Of Appeals Sides With Meothelioma Victim

Category: Mesothelioma Lawsuits

A retired electrician in northwest Ohio, who contracted an asbestos-related cancer called mesothelioma, recently won his case on appeal to Ohio Court of Appeals. The panel on the Court ruled that a Cleveland Ohio trial court judge committed error in dismissing Lee C. Rettig's lawsuit against General Motor's Corporation after siding with Rettig's attorney who argued that GM was aware of the dangers of asbestos and had a duty to warn Mr. Rettig.

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December 28, 2006

By Brandon Smith

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Is El Dorado Hills In Danger Of Harmful Asbestos Exposure?

Category: Asbestos News

More information is needed before a panel of scientists can either confirm or dismiss the potential risk of harmful asbestos exposure for more than 31,000 residents of El Dorado Hills in California. Since early in 2005, the community located approximately 25 miles east of Sacramento, has been the subject of an intense U.S. Environmental Protection Agency investigation for potential exposure to a cancer-causing form of asbestos fibers naturally found in the rocks and soil there.

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December 27, 2006

By Brandon Smith

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ONCONASE-A New Prospect For Mesothelioma Victims?

Category: Mesothelioma News

The FDA's stamp of approval is being sought for a new drug, ONCONASE, that is designed to treat patients with unresectable malignant mesothelioma (UMM).

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December 15, 2006

By Brandon Smith

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Shipyard Worker's Family Holds Asbestos Manufacturer Accountable

Category: Mesothelioma Lawsuits

In the mid 1960s, Plaintiff Jones worked as a shipyard machinist in the engine rooms of various submarines and aircraft carriers. In carrying out these work related duties, Mr. Jones removed and replaced gaskets that were shipped in packages containing asbestos fibers and dust. The prolonged exposure to these particles and fibers ultimately led to Mr. Jones contracting mesothelioma, a deadly form of cancer, at the age of 60 and caused immense health problems for the former shipyard worker. After almost a year of battling mesothelioma, Mr. Jones tragically died as a result of the deadly cancer.

Individually and on behalf of her husband's estate, his wife brought suit against numerous defendants under theories of strict liability and negligence for the death of her husband. All but one of the defendants settled prior to trial. At trial, after hearing all of the evidence, a Virginia jury awarded $10.4 million to the Plaintiff and apportioned fault to each party who contributed to Mr. Jones' death. As the other defendant's also found liable had already settled, the amounts attributed to their negligence was reduced by the trial court to their pre-trial settlement amounts. The remaining defendant was held accountable for $3.4 million of the verdict amount after being found 34% at fault.

Cite: Jones v. John Crane, Inc., Va., Newport News City Cir., No. 39028T-01 (July 26, 2006)

December 14, 2006

By Brandon Smith

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$18.5 Million Awarded To Man Exposed To Asbestos

Category: Mesothelioma Lawsuits

After working for years in the mid 1970s as a plastics molder, Plaintiff Bakkie developed Mesothelioma in 2005 at the young age of 49. His diagnosis was linked, at least in part, to an open-fiber asbestos product manufactured by Union Carbide according to a California jury who awarded $18.5 million in damages. The jury found that the RG-144 product utilized had design and warning defects that were attributed to the negligence of the Defendant. Of the $18.5 million awarded, $15.3 million was awarded for non-economic damages which is generally given for pain and suffering. Initially suit was filed against other defendants thought to be liable for exposing Mr. Bakkie to asbestos related products, but all of those defendants decided to settle prior to the trial.

The case was entitled: Bakkie v. Union Carbide Corp., Cal., San Francisco Co. Super., No. 445300 (Sept. 1, 2006)

December 13, 2006

By Brandon Smith

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Ask Your Oncologist These Questions (At A Minimum)

Category: Mesothelioma News

For those recently diagnosed with mesothelioma, the event often brings great uncertainties and hundreds of questions to the surface. Some of the most important questions that arise should be directed to your oncologist. The more you know about mesothelioma and the various ways to combat it, the better one will be in their efforts to survive its debilitating effects. Paul Krause, a long time survivor of mesothelioma, through his website survivingmesthelioma.com suggests there are at least 8 questions you should ask:

1. Is it alright if I tape this conversation?

2. Did you send my pathology (report and slides) to another hospital for a second opinion?

3. Do you have any financial or research interest in this treatment you are recommending? For example, are you being paid by a drug company when you prescribe these drugs? Do you consult for the drug company that makes these drugs?

4. How many patients have you treated with my exact same cancer? Same age and same cancer? Which treatments did you use? Are any of the patients still alive? Can I speak with them?

5. Did any patients have side-effects from the treatment? What were they? What was the worse side-effect? Did anyone die from the treatment, not the cancer?

6. Are these drugs FDA approved for treating my cancer?

7. Can you show me where the survival information comes from? Is it reported in the peer-reviewed published medical literature? Can you give me a copy of the article?

8. What is my prognosis with no treatment?

December 12, 2006

By Brandon Smith

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Typical Treatments For Mesothelioma Patients

Category: Mesothelioma News

Depending on the stage of the disease, its location, and the patient's general health and age, the treatment for mesothelioma can very for each person. The most common treatments include surgery, radiation therapy, and chemotherapy.

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December 11, 2006

By Brandon Smith

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Asbestosis-Latent Effects And Delayed Diagnosis

Category: Asbestos News

For many patients like Ralph Blevins, being diagnosed with asbestosis, a deadly form of lung disease, comes as a complete shock due to the lack of knowledge and discussions of the ill fated effects of working around and with asbestos. His story of developing the condition, nearly 45 years later, is one that is all to common for those who have been exposed to asbestos for any significant period of time. For more information on Mr. Blevins' story, read this well written article recently published in The Salt Lake Tribune: "Asbestos dangers remained hidden for decades"

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December 11, 2006

By Brandon Smith

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Choosing The Right Mesothelioma Attorney

Category: Mesothelioma Lawsuits

There are many factors you should take into account when deciding who you want to help you in your greatest time of need. Those affected and diagnosed with mesothelioma, need answers fast and need it from someone they can trust. Paul Kraus, a mesothelioma survivor for almost a decade now, provides tips on selecting the right kind of attorney. Brayton Purcell, an asbestos and mesothelioma law firm, also provides an extensive guide on how to choose a mesothelioma attorney. Their tips are very good starting points given the large number of options one may see upon starting their initial search.

December 10, 2006

By Brandon Smith

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Asbestos Exposure Linked To All States

Category: Asbestos News

Unfortunately for those affected by prolonged exposure to asbestos, the efects can be deadly. Prolonged exposure can lead to the development of mesothelioma, lung cancer, asbestosis, and/or other debilitating conditions. Based on current information and evidence, asbestos has been shown to affect those who reside in the following states: Alabama (AL); Alaska (AK); Arizona (AZ); Arkansas (AR); California (CA); Colorado (CO); Connecticut (CT); Delaware (DE); Florida (FL); Georgia (GA); Hawaii (HI); Idaho (ID); Illinois (IL); Indiana (IN); Iowa (IA); Kansas (KS); Kentucky (KY); Louisiana (LA); Maine (ME); Maryland (MD); Massachusetts (MA); Michigan (MI); Minnesota (MN); Mississippi (MS); Missouri (MO); Montana (MT); Nebraska (NE); Nevada (NV); New Hampshire (NH); New Jersey (NJ); New Mexico (NM); New York (NY); North Carolina (NC); North Dakota (ND); Ohio (OH); Oklahoma (OK); Oregon (OR); Pennsylvania (PA); Rhode Island (RI); South Carolina (SC); South Dakota (SD); Tennessee (TN); Texas (TX) ; Utah (UT); Vermont (VT); Virginia (VI); Washington (WA); Washington DC; West Virginia (WV); Wisconsin (WI); and Wyoming (WY).

As asbestos and mesothelioma attorneys, based in Atlanta, Georgia, we have both the knowledge and resources to help just about anyone anywhere who needs legal representation or advice. If you have questions, send me a request or question and I will be happy to see what we can do to help. As always, all consultations and questions are completely FREE to you.

December 10, 2006

By Brandon Smith

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Inspirational Teleconference On Mesothelioma And How To Over Come It

Category: Mesothelioma News

On December 14, 2006 at 8:00 PM eastern standard time, mesothelioma cancer survivor, Paul Kraus, is scheduled to give an inspirational mesothelioma teleconference for those afflicted with the disease. Kraus, who was first diagnosed with mesothelioma in 1997, has been battling the deadly cancer with good results for the better part of a decade now. In his message he conveys hope, support, and inspiration. Kraus is most well known for his book called "Surviving Mesothelioma and Other Cancers - A Patient's Guide." It, like this article suggests, is one of the popular books ever written concerning the topic of mesothelioma.

Space is limited from the event so call 619-261-7922 to register and listen to his message today.

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December 05, 2006

By Brandon Smith

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$850,000 Awarded To Widow Of Mesothelioma Victim

Category: Mesothelioma Lawsuits

The widow of a man who died as a result of his battle with mesothelioma was recently awarded $850,000 in McLean County, Illinois. Robert Blessing, deceased, worked for Union Asbestos and Rubber Co., also known as Unarco, as a building inspector for the pipe fitting plant in the mid 1950's.

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December 04, 2006

By Brandon Smith

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Abestos Plaintiff Gets Undisclosed Settlement At Jury Selection

Category: Mesothelioma Lawsuits

Plaintiff that suffered from mesothelioma as a result of constant exposure to asbestos recently settled her case during the second day of jury selection. The asbestos plaintiff, Joyce Applequist, filed suit against Bondex and Georgia Pacific, alleging among other things, the she:

was exposed to and inhaled, ingested or otherwise absorbed large amounts of asbestos fibers emanating from products she was working with or around.
The amounts of the settlement remain confidential as is usually the case with these type claims. As noted in the referenced article however many asbestos claims result in hundreds of thousands, if not millions, of dollars for those adversely affected by its exposure.

Continue reading "Abestos Plaintiff Gets Undisclosed Settlement At Jury Selection"