Asbestos-can You Sue For Mesotheliomatoo?

Asbestos is a naturally-occuring 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 pulverized, 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 industrialized 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 than before, resumed Therefor,
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 Bristish 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 compensation 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, approximateley 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

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