Benefits of Using a Mesothelioma Class Action Lawsuit

Mesothelioma is a form of cancer which is mostly caused by exposure to asbestos. In this disease, a protective lining covers most of the body's internal organs more commonly the lungs and chest walls. But there are other parts of the body which can also get affected.

Mostly people who have worked on jobs in which they have be

en exposed to asbestos dust and fiber may develop this disease in the later years. Such people can file for lawsuits. Hence, compensation lawsuits is an important issue in mesothelioma. Taking action against the multi million dollar corporations is necessary. A way to do so is by lawsuits.

If a group of people who are actually affected by such diseases can come together, they can file for lawsuits. A mesothelioma class action is a type of civil proceedings that are brought about by a group who have suffered/suffering currently with mesothelioma due to the work involved in the company they are/were working. So what are the benefits of going for the class action lawsuit especially for mesothelioma.

You can get a free consultation with a good mesothelioma class action lawyer, who will tell you if your case is worth taking to trial. Until the case is settled you will will not owe anything to the law firm or lawyer and that too if you win a percentage of the settlement will go to the lawyer as payment for his services. In case you lose, you do not have to pay the lawyer for his services.

Mesothelioma class action lawyers specialize in taking on these cases and putting together structured cases. It can be difficult and time consuming obtaining and putting together all the details. So in case you have decided to put forward your case then be prepared to share the facts, time and energy with the lawyer for you to get justice done.

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Pleural Mesothelioma Survival Rate

Pleural mesothelioma patients treated with both cisplatin and raltitrexed may survive longer than patients who receive cisplatin alone, according to a recent study conducted in Europe and Canada (J Clin Oncol. 2005 Oct 1; 23(28): 6881–9). Raltitrexed (Tomudex) works by interfering with the ability of tumor cells to multiply and make deoxyribonucleic acid or DNA. Cisplatin is a traditional chemotherapy drug.

Two hundred fifty pleural mesothelioma patients took part in a clinical trial to determine the safety and effectiveness of raltitrexed. One hundred twenty–four patients took cisplatin and the rest took cisplatin plus raltitrexed. Most were men with an average age of 58 who had not received other chemotherapy treatments.

The raltitrexed study was a “phase III” clinical trial, as defined by the European Organization for Research and Treatment of Cancer. A phase III trial compares a new cancer treatment with a standard treatment, and requires a large number of participants. It follows a phase II clinical trial, which is concerned with the safety of a new treatment and how to administer it, and a basic phase I clinical trial, which tests the drug’s effectiveness on a small number of patients.

Survival Increased in Patients Treated with Raltitrexed
The researchers looked at survival, progression of pleural mesothelioma, safety, tumor response rates, and the patient’s quality of life. They found the following:

» Forty–six percent of pleural mesothelioma patients in the cisplatin/raltitrexed group survived at least one year, compared to 40% of those in the cisplatin group.

» The average survival was 11.4 months for patients in the cisplatin/raltitrexed group, but only 8.8 months for patients in the cisplatin group.

» Twenty–four percent of patients treated with cisplatin/raltitrexed had a positive response against pleural mesothelioma compared to 14% of patients treated with cisplatin.

» The overall quality of life was about the same in the cisplatin group as compared to the cisplatin/raltitrexed group.

A small number of patients in both the cisplatin and cisplatin/raltitrexed groups developed low white blood cell counts (neutropenia). Other side effects included fatigue, nausea, and vomiting, which were more common in the combined drug group.

Raltitrexed Is Related to the Pleural Mesothelioma Drug Alimta®
Raltitrexed is in the class of chemotherapy drugs called antifolates. It blocks the production of thymidylate synthase, which in turn decreases the mesothelioma cell’s ability to make DNA, the basic genetic material involved in cell reproduction. It is registered in Europe for the treatment of advanced colorectal cancer.

Raltitrexed is closely related to pemetrexed (Alimta®), another antifolate. Currently, pemetrexed/cisplatin is the only chemotherapy drug combination that the US Food and Drug Administration has approved to treat pleural mesothelioma.

The authors of the raltitrexed study concluded that combining cisplatin with an antifolate such as raltitrexed or pemetrexed is more helpful in treating pleural mesothelioma than using cisplatin alone. They also felt that cisplatin plus raltitrexed did not have a harmful effect on the patient’s quality of life.

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Asbestos - Virtually Invisible, Yet Absolutely Lethal

Mes•o•the•li•o•ma - can't pronounce it - can't cure it. I want to share a bit about the personal side of my journey - not for sympathy, but so you can better understand the facts about mesothelioma. In 2003, after enduring nine months of symptoms and multiple visits to doctors, my husband, Alan, was diagnosed with mesothelioma. Alan underwent an Extra-Pleural Pneumonectomy (EPP) -- a surgical procedure that removed a rib, left lung, and pericardium and replaced his diaphragm -- in hopes of having more time with his family. But, because of his asbestos exposure, our then-10-year-old daughter had to watch her father slowly die from a preventable disease. Sadly, our experience is a common one, and the fear, despair, and isolation were paralyzing.

The truth behind asbestos

After Alan's diagnosis, we learned that asbestos causes deadly diseases, and not just mesothelioma. We learned the silent truth: that, when inhaled, these sharp, invisible, odorless, tasteless asbestos fibers can cause permanent damage. Even more shocking is the fact that this has been well known and documented for more than 100 years. Fueled by grief, anger, and bewilderment, I knew I needed to turn my anger into action, which is why I co-founded the Asbestos Disease Awareness Organization (ADAO) with Doug Larkin. Technological advances have enabled us to build international alliances over 20,000 strong and continue our educational, advocacy, and community support initiatives, including hosting our annual Asbestos Awareness Conferences, testifying at Congressional hearings, and keynote speaking at numerous engagements.

History is a great teacher to those who listen

More than 30 years ago, the International Agency for Research on Cancer declared asbestos to be a human carcinogen. The World Health Organization, International Labor Organization, U.S. Environmental Protection Agency and Surgeon General all agree: asbestos is a human carcinogen and there is no safe level of environmental or occupational asbestos exposure. Asbestos can cause mesothelioma and lung, gastrointestinal, laryngeal, and ovarian cancers, as well as non-malignant lung and pleural disorders.

Deadly hugs, Deadly chores.

Workers' exposure doesn't stop at the site; one can follow the trail of toxic dust home. It is no longer just workers who are at risk; it's also their families, children who hug parents wearing contaminated clothing home from work, and spouses who wash those clothes. The asbestos victims' profile has changed, once a blue-collar worker in his mid-sixties, there is a new patient profile emerging. Tragically, it is becoming more and more common to find women in their 50s being diagnosed with mesothelioma. The new patient profile presents frightening evidence that environmental exposure is lethal.

Construction workers were found to be 11 times more likely to develop mesothelioma.

The World Health Organization estimates that 107,000 workers around the world will die each year of an asbestos-related disease, equaling 300 deaths per day. An estimated 1.3 million employees in the construction and general industry face significant asbestos exposure on the job." In May 2010, the President's Cancer Panel (PCP) in America released the landmark 200-page report titled "Reducing Environmental Cancer Risk: What We Can Do Now." Environmental and occupational cancers are on agency radars now more than ever before. More than 90 percent of the asbestos used worldwide today is used in the manufacturing of asbestos-cement sheets and pipes.

Prevention is the only cure.

There are only two ways to stop mesothelioma - prevent asbestos exposure, and find a cure; the first step is to prevent environmental and occupational exposure. Through our voices, we can turn our anger into action. Educate yourself - prevent exposure by learning which materials might contain asbestos, and avoid disturbing them. If in doubt, hire a licensed and experienced asbestos inspector to sample the materials in your home to determine if there is asbestos present. If you were exposed or have experienced the early warning symptoms of an asbestos-related disease, talk to your physician and seek treatment from experienced doctors.

Every life lost to a preventable asbestos-caused disease is tragic; hundreds of thousands of lives lost is unconscionable.

Linda Reinstein became an activist when her husband, Alan, was diagnosed with mesothelioma in 2003. In 2004, she co-founded the Asbestos Disease Awareness Organization (ADAO) to reach out to those who have been affected by asbestos-related disease.

Reinstein has been a strong political voice for justice in every major asbestos-related issue. Reinstein, a highly sought-after international speaker, has frequently served as a Congressional witness and presented at Department of Labor (OSHA), British House of Commons, United Nations Congress, American Public Health Association, and audiences around the world.

Recognized as an expert with more than 35 years of nonprofit experience in building and sustaining grassroots organizations, Reinstein specializes in developing, implementing and leveraging integrated social media campaigns. Focused on national and international occupational and environmental disease prevention, Reinstein's proficiency in the powerful advocacy space of online media has greatly increased the effectiveness of ADAO's core mission of education, advocacy, and community support actions.

Follow Reinstein at http://www.asbestosdiseaseawareness.org.

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Understanding Asbestosis

Asbestosis is a form of lung disease caused by exposure and inhalation of asbestos fibers. Some fibers are expelled from the body by coughing or sneezing, however, many of the microscopic fibers become lodged in the small air sacs of the lungs. The introduction of foreign substances into the body causes it to send out white blood cells to break down any germs or other invaders that may have entered the body.

Asbestos, however, can't be broken down chemically by the body, so the body creates other cells to surround the asbestos fibers. These cells, known as fibroblasts, are made of connective scar tissue. Over time, the scar tissue builds up in the lungs, impairing the normal function of the lung. Asbestosis refers specifically to the scarring of the lungs by asbestos.

Symptoms of asbestosis

The scarring of the lungs becomes worse and worse over time. In some cases, it may take several decades before outward symptoms of the condition are revealed. The early symptoms of asbestosis include a dry cough and shortness of breath. These symptoms can often be mistaken for something else, so it is important for a doctor to view an X-ray or chest scan to properly diagnose you. Symptoms may take anywhere between 10 or 50 years to appear.

As asbestosis progresses, it may cause chest pain, chest tightness, loss of sleep and loss of appetite. The shortness of breath will progress from only occurring during exercise to occurring even while at rest. The symptoms of advanced asbestosis include a pronounced clubbing of the fingers. Asbestosis is progressive and incurable; however, there are treatments to address some of the symptoms. There is an increased risk of developing mesothelioma or lung cancer in people who have asbestosis.

Your rights and asbestosis

Asbestosis is directly caused exposure to asbestos fibers, whether in your workplace, your home or your environment. The asbestos industry worked to hide the harmful effects of asbestos from their employees, the public and the government for years, resulting in hundreds of thousands of people with lung damage. If you have been diagnosed with asbestosis, mesothelioma, or another asbestos related disease or condition, contact an attorney immediately to learn more about your legal rights. Speaking with an experienced asbestos lawyer will allow you to gain the legal understanding needed to pursue a lawsuit against those who have caused you harm.

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Joseph Devine

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Mesothelioma: Legal Ramifications

Mesothelioma is a form of cancer that attacks the linings of the lungs and the intestinal tract, and also the sac covering the heart. It is also called epithelial mesothelioma, as it affects the membrane in the pleura, the pericardium and the peritoneum. It is not lung-cancer per se. The mesothelioma-lung cancer confusion has been there earlier. Mesothelioma is merely a form of cancer that affects the lining covering the lungs. It comes in three forms:

o Pleural mesothelioma

o Peritoneal mesothelioma

o Pericardial mesothelioma

Causes of Mesothelioma

The primary cause of mesothelioma is exposure to asbestos. This can be direct exposure at the work place, or secondary exposure (when the victim is exposed to asbestos through 

coming in contact with someone who has already been exposed to asbestos). Despite all the pain and the loss that the workers faced, there was some hope in the form of legal recourse. Workers started suing the plants they worked in, and soon the legal battle against mesothelioma reached epic proportions. Even today, there are around 3,000 cases of mesothelioma being diagnosed in the United States every year. While the treatment is painful and not always successful, these mesothelioma victims at least have the hope of monetary compensation to help them fight mesothelioma.

The first manifestations of mesothelioma were seen as early as the 1950s and the 1960s. At that time, the workers in plants and other work areas that used asbestos in some form or the other were unaware of the lethal side of asbestos. The management at these work areas - docks, industrial plants, equipment manufacturers, and many more, the list is endless - soon came to know of the adverse effects of asbestos. However, for some reason they kept quiet about it. Their focus was on reduced costs and profits, it seems, and they remained mum about the harmful effects that asbestos could have on their workers. Asbestos, after all, had huge advantages over other material, which was why it was used so much irrespective of the genre of industry. This over the years proved to be a very, very costly error on their part.

Mesothelioma Litigation - Did it Help?

The implications of asbestos use are staggering, primarily because of the range of products it is used in. From office buildings to toasters to car brakes to shipyards, asbestos was used almost across the breadth of the industrial sector. A publication in 1935 by the American Journal of Cancer - Pulmonary Asbestosis: Carcinoma of the Lung in Asbesto-Silicosis - first raised the suspicions of people from the research and medical fields of the connection between the presence of asbestos and the unusually high death rates and lung-related diseases in the industrial sector. This connection was confirmed in 1955, and soon the continued use of asbestos despite knowing about its deadlier side became a legal nightmare for the industrial sector. Mesothelioma litigation in the United States has enabled mesothelioma victims win hundreds of thousands of dollars in lawsuits from their callous employers. It has been one of the successes in the battle against mesothelioma indirectly, and against the irresponsible attitudes of the management of workplaes that used asbestos, directly.

The Legal Aspect of Mesothelioma

Over the years, the legal benefits that mesothelioma victims have received have been enormous. The symptoms of mesothelioma manifest much after the initial inhalation of the asbestos fibers. Mesothelioma treatment is also painful and expensive. The compensations awarded to them have helped them at least cover their medical expenses. Nowadays there are mesothelioma law firms - law firms that specialize in mesothelioma. They have trained mesothelioma lawyers and mesothelioma attorneys. These lawyers specialize in mesothelioma compensation cases.

It can happen that a victim may shy away from legal recourse because they fel that they do not have adequate financial support to pay the lawyer. However, this is a scenario they need not worry about. All they have to do is contact a mesothelioma support group, or a mesothelioma help group. These are present all over the United States. The patient can also go online and put a search for mesothelioma legal assistance cells by typing mesothelioma and then typing the name of the state or area they are from in the search field of the search engine they are using. This is not a fixed rule - they can type it in any order. For example - mesothelioma California, mesothelioma Texas, mesothelioma lawyer texas, New York mesothelioma, California mesothelioma lawyer, etc.

How are Mesothelioma Lawyers so Successful?

One of the basic things in awarding compensation is for the judge or the jury to decide whether the harm done was intentional, or whether it was the result of a choice the victim made, in simple terms. In many cases, the circumstance of a victim is a result of a choice he or she made. For example, in a smoking-related cancer case, the choice to smoke was made by the victim. However, in the case of mesothelioma, the situation is different. The circumstance of mesothelioma in the victim could have been averted if only his employers had been more careful, had made him aware about the risks the job entailed, and then let him choose, besides providing him whatever protection required to prevent him from being exposed to asbestos. This is one area that mesothelioma lawyers and mesothelioma attorneys have been able to successfully work on.

After the initial slew of mesothelioma cases and lawsuits, now laws are firmly in place to safeguard the health interests of the worker. Besides, in the event of someone actually suffering from mesothelioma, there are some guidelines towards seeking legal redress for them as well. Mesothelioma law is strict and helps provide fair verdicts in mesothelioma-related compensation cases.

Guidelines for Mesothelioma Victims Seeking Legal Action

The primary rule of thumb while filing a mesothelioma lawsuit is that it has to be filed immediately on diagnosis of the disease. In fact, in many of the states across the United States, mesothelioma laws stipulating the timeframe within which a lawsuit can be filed are in place. On diagnosis, you can contact a mesothelioma lawyer through your local mesothelioma activists or mesothelioma group for more mesothelioma information relating to lawsuits. The work of a mesothelioma lawyer or mesothelioma attorney is not limited to just fighting your case. A mesothelioma attorney usually has an extensive network of contacts - other victims, mesothelioma case histories, good treatment facilities, nature of treatment options available, in fact, for most mesothelioma-related information. His specialization is a distinct advantage over a lawyer who doesn't have too much of an idea about mesothelioma.

The government is also taking steps to ensure that workers are safe from exposure to asbestos. The U.S. Environmental Protection Agency (EPA) has passed laws and regulations stipulating safety measures and also has set in motion plans to ban and phase out the use of asbestos as much as possible. You can find more information about this at the EPA website - http://www.epa.gov.

You can also browse the Internet for mesothelioma-related information, mesothelioma pictures, more information on asbestos, etc.

Resources

o http://www.mesothelioma.org

o http://www.mesolink.org

o http://www.asbestosnews.com

The writer does freelance writing work. Primary areas are keyword-rich articles (especially in healthcare, insurance, credit), creative writing, blogposts, etc.

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Mesothelioma Compensation Scheme

People living in Australia, suffering from mesothelioma, a disease caused by asbestos poisoning are passing away before their claims for compensation are being heard. One Sydney Judge believes this is due to a cost saving measure which was implemented in 2005.

The judge has spoken out and urged the New South Wales government to make rapid changes to the way the cases are handled in order to prevent further anguish to those victims who are already sick. If changes are not made to the rules more people will either become too sick to be able to give full evidence or they will die.

The new system was introduced because of the huge legal costs which were amounting due to handling the number of asbestos related cases. In addition the funds for compensation were around $1.5 billion dollars less than what was needed. In order to cut down legal fees and reduce costs the government introduced a claims timetable and made mediation the way in which the claims were to be handled and solved. A review of how well this new system was working showed that legal costs had been reduced for both the defendant and the plaintiff which was considered to be positive. However the system failed by the amount of time it took to actually solve the cases, meaning that some victims never saw the money that they were entitled to and which could have enriched they lives during the final period.

Now cases can be referred to a judge if it looks like the victim is likely to pass away before the case is resolved according to the timetable. However this process is also not working quickly enough with some victims applying under this scheme dying only a couple of weeks before they are removed from the timetabled process. The judge, in speaking out against this process said that there is a serious problem if victims are only reviewed within the final few weeks of their lives. In these cases the victim is often in extremely poor health and deteriorating fast, making it very unlikely that their case will be solved within their life time. There have been calls to review the process to see if there is any way in which it can be sped up to avoid these types of situations. Many have also commented that the previous system used before the new timetabled version was put into place was more effective at solving the cases quickly. However due to the high legal costs to the defendant through the old system, it may not be financially viable to return to it.

Overall the message is clear. Victims in these cases need to have their claims for compensation resolved before they die. It is important that this happens to ensure not only the financial well being of the victims in the last stages of their life but also the financial position of their families.

Danielle is an author of several articles pertaining to No Win No Fee, Compensation Claims, Personal Injury Claims and other legal articles.

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