Background Information on mesothelioma attorney Louisiana
A new lawsuit has been filed against Louisiana utilities and the former governor for their part in selling off the state’s remaining asbestos mines.
The suit alleges that the state, under former Gov. Mike Foster, liquidated some of the world’s largest asbestos mines and sold off their assets to a private equity firm in 2001. Of particular note is a lawsuit last week against BP Oil on behalf of workers who say they were exposed to asbestos while working on projects owned by BP.
The plaintiffs claim they were lured into working with BP after signing non-disclosure agreements (NDAs) promising that they wouldn’t sue or be sued. As part of those NDAs, they agreed never to discuss the details of their claims with anyone outside BP and its contractors, even though several lawsuits have been filed against BP related to past exposures of asbestos at some of its properties in Louisiana.
The suit claims that BP knew about the dangers associated with exposure to asbestos — including lung cancer — and did little or nothing to warn workers about those dangers. Despite these lawsuits, the defendants have continued to sell off their assets until now, according to the lawsuit:
“…the defendants have sold/disposed of/willingly and knowingly disposed of/sold/willfully disposed of/willfully sold off over $58 million worth of materials from over 90 waste dumpsites containing millions of pounds of hazardous materials.”
A mesothelioma is a form of cancer that develops from asbestos exposure. It can cause excruciating pain and other symptoms. Most mesothelioma patients develop mesothelioma because of exposure to asbestos at work or in a home environment, but some other factors contribute to the disease as well.
Asbestos is a fiber-like mineral found in rocks and soil. It was commonly used in manufacturing, construction, heating and cooling, automobile body parts and insulation worldwide until the mid-1980s when it was banned due to health concerns. The use of asbestos had been promoted as an inexpensive way to provide insulation materials for homes and buildings.
Asbestos is also found in tooth fillings and other places where it can be inhaled. Mesothelioma is a rare form of cancer that occurs when microscopic fibers called granules are released into the bloodstream or lung tissue. This causes inflammation that damages surrounding organs including the lungs, liver, stomach and intestines.
The mesothelioma attorneys at the Mesothelic Tumor Law Firm have represented patients who have suffered from mesothelioma because of exposure at their job sites or some other stressful life events such as military service. These attorneys handle mesothelioma cases for clients who are suffering from this disease due to prolonged exposure to asbestos at their workplace or any other place where they may have been exposed to this toxic material.
History of Asbestos Use in Louisiana
The introduction to the trust fund claim form, which was recently released by the state attorney general’s office, states that:
“Asbestos is a carcinogen. The State of Louisiana has concluded that based on its investigation of the environmental impact of asbestos and the scientific research and studies done regarding asbestos, it is reasonable to conclude that exposure to asbestos, such as through mining and manufacturing activities, may cause cancer and other diseases.”
So in order to file a claim for compensation for mesothelioma or other illnesses related to asbestos exposure, you must prove two things: 1) That you were exposed to asbestos (in terms of employment) or manufacturing places (like an oil rig or an industrial building) and that you had symptoms of these diseases; 2) That the exposure caused your illness.
The state attorney general’s office has provided an example claim form that you can use in order to file a trust fund claim. It includes information about how long it takes for your symptoms to develop, as well as some tips on how you can reduce your risk of developing mesothelioma or other diseases related to asbestos exposure. You can find it here.
Asbestos Products in Louisiana
Anyone who has worked in the construction industry in Louisiana, or even just nearby, knows the dangers of asbestos. It is a known carcinogen that is linked to mesothelioma and other diseases such as pleural/lung cancer. Even if you don’t get mesothelioma, asbestos exposure can cause serious damage to your lungs and other organs.
You might have also heard of the rumors around asbestos being used in the construction industry. While that is true, there isn’t any evidence that asbestos was ever used in construction. However, it has been found in numerous home construction products over the years.
Those who develop mesothelioma and other diseases might be eligible to seek compensation through personal injury lawsuits and trust fund claims.
Asbestos Exposure in Louisiana Industries
Mesothelioma attorneys can help people who were exposed to asbestos in Louisiana’s shipyards, offshore oil refineries, and manufacturing plants. Victims of mesothelioma can be awarded for their life-changing illness as well as for their pain and suffering. Many mesothelioma victims are seeking compensation through the Louisiana mesothelioma compensation program, which was created to help individuals or their families recover from the disease. Louisiana is second only to West Virginia in the number of mesothelioma claims filed each year.
The U.S. Supreme Court announced its decision in the case of the asbestos verdicts awarded to Louisiana workers.
The Court overturned a ruling by a federal district court that had blocked enforcement of these verdicts because it found that the plaintiffs had not presented sufficient evidence of non-cancerous effects. The Court concluded that there was sufficient evidence to show non-cancerous effects were present, even if they were not associated with asbestos exposure. This means that workers who were exposed to asbestos may have been exposed at levels below the limits established by the EPA for the classification of workplace risk, and thus could have received compensation from their employers for their medical expenses and lost wages from their illness or death.
In this case, a number of companies that manufactured asbestos products used their power over their employees to suppress legal claims for compensation for what had in most cases been occupational disease (see “Background”).
Military Bases in Louisiana
Mesothelioma is a rare and serious form of cancer that occurs when asbestos fibers enter the pleural space in the lungs. A mesothelioma victim will have a 50% chance of dying from mesothelioma before reaching the age of 60. Since mesothelioma is relatively rare, it makes sense that many victims will die before their burden can be paid by insurance companies.
Mesothelioma attorneys help victims get fair compensation for the pain and suffering caused by mesothelioma. With one in four people diagnosed with mesothelioma, there are thousands of victims out there who need our help.
Mesothelioma and Other Diseases
Workers who are exposed to asbestos in Louisiana may be eligible to file a claim with the state’s Workers’ Compensation Board and receive compensation for their suffering. The amount of the award is determined by a judge, according to the state’s Workers’ Compensation Code.
The harsh reality of asbestos exposure is that sometimes asbestos fibers can remain in the body for decades after the exposure. In some cases, they may never be detected by a medical exam. Because of that and other factors — including age, gender, race, and income — some workers may not be eligible for an award from their personal injury and workers’ compensation lawyer.
But there are other people who can seek redress from these claims: those diagnosed with mesothelioma or other forms of lung cancer after exposure to asbestos in Louisiana. The amount of money awarded will depend on whether the worker was exposed to asbestos for several years or if he or she only worked for a few weeks or months near the time his or her personal injury claim is filed.
To file an individual mesothelioma claim in Louisiana as well as filing a trust fund claim, you should contact one of our local mesothelioma attorneys at our law firm located at:
Plummer & Fisher (225) 582-7190
How to Claim Compensation for an Injury in Louisiana
Mesothelioma is a form of lung cancer that is caused by asbestos. Though it is considered rare, mesothelioma can kill nearly everyone who has it. Those who are exposed to asbestos are also at risk for developing other serious diseases, including lung cancer and other forms of cancer. Asbestos causes a wide variety of diseases, including asbestosis (a severe lung disease), lung cancer, and mesothelioma.
The most common type of mesothelioma is called “diffuse” mesothelioma, which occurs in the lungs or other parts of the body that are not directly exposed to asbestos fibers. This type of disease occurs when asbestos fibers get into your lungs over time. Diffuse mesothelioma typically looks like asbestosis or chronic bronchitis but there can be many complications associated with this disease.
Filing an asbestosis claim may benefit you if you have been exposed to asbestos while working in an occupation where there are high levels of asbestos exposure, such as construction workers or construction-related industries such as mining or smelting operations.
In order to file a claim for the mesothelioma through a personal injury lawsuit or a trust fund claim, you must have been diagnosed with the condition and have suffered from Mesothelioma for at least 12 months prior to your diagnosis date (which can be anytime since birth). If you are under 40 years old, then your earliest birthday should be your diagnosis date and you must have also suffered from Mesothelioma for at least 3 years prior to this date (which can be anytime since birth).
In some situations, it may not make sense to file a claim through either a personal injury lawsuit or a trust fund claim because filing one will likely result in the court awarding more money than is medically necessary for your treatment expenses and medical care fees (depending on your state’s laws). However, filing one through either route will allow you sufficient time to acquire medical records needed by your lawyer in order to set up an appropriate payment schedule with the insurance company which covers the medical expenses incurred during treatment. And if you don’t win enough money through either route, then they may pay out less money than they otherwise would cover in order to avoid becoming liable for their share of any settlement that is paid out.
If filing a personal injury lawsuit would not benefit me because it would likely result in me losing too much money or my lawyer would not re-
Louisiana Mesothelioma Lawyer
Mesothelioma is a rare and potentially fatal form of cancer. It affects the lungs, spine and other internal organs. The disease is extremely rare with only around 100 cases around the world.
Louisiana Mesothelioma Lawyer is a national firm that has been practicing in Louisiana for over 30 years, and currently has offices in New Orleans, Baton Rouge, Shreveport, Lafayette, and Shreveport.
The firm was established in 1991 by Dr. Richard Nemeroff, a nationally known mesothelioma doctor who had offices in New York City (New York-Presbyterian Hospital), Washington D.C., Atlanta (Atlanta Medical Center), Dallas/Fort Worth (Medical Center/Southwest Texas Medical Center), Chicago (Northwestern University) and Los Angeles (Loyola Marymount University).
The firm has several projects underway including a national mesothelioma report which will be released this fall; the Meso Action Plan which will be released in June 2018; and an international mesothelioma report which will be released this fall.
Louisiana Workers’ Compensation Lawsuits
The Louisiana Workers’ Compensation Act was passed in 1997. It was amended in 2005 to include asbestos as a recognized accident for workers’ compensation purposes. In 2008, the Supreme Court of Louisiana upheld the legislature’s decision to include asbestos in the act.
The first asbestos verdict was given to a man from Moss Bluff, who worked from 1950 through 1979 at Davis-Besse Corporation. He was awarded $1,500 for pain and suffering (pain plus loss of earnings). The court also ordered that Davis-Besse pay him $5,000 for medical expenses and $5,000 for lost wages due to his disability (long after he retired). The award has since been reduced by $1,500.
In an earlier case, Tommy Bessieu sued Davis-Besse Corporation and its subsidiaries claiming that they had contaminated his health with Asbestos while he worked at their plant in Shreveport. Bessieu claimed that he suffered from breathing problems and other symptoms because of his exposure to Asbestos fibers while working at the plant. His lawsuit resulted in a jury trial where he received an award of $2 million dollars which has since been reduced by half ($1 million). The jury awarded him “no more than his reasonable medical expenses” ($3 million) because it found that “the amount of lost wages is not recoverable under Louisiana law,” according to news reports at the time.
Louisiana also has a history of awarding large sums of money to injured employees who have worked in factories or other manufacturing facilities where asbestos is present:
Workers’ Compensation Board v Alvarado is one such case involving a plant supervisor who was injured on the job when an illegally dumped asbestos cement mortar fell on him during production Monday morning at Alvarado Works Inc., 2101 South Busch Blvd., New Orleans, La.. He sued the company claiming he could have been killed if it had not been discovered by workers there quickly enough and removed before it could spread into neighboring buildings or burst into flames. The suit alleged wrongful death as well pain and suffering as well as pain damages totaling more than $2 million dollars. The suit alleged that James Arthurs Alvarado (Alvarado) died suddenly after inhaling asbestos powder while working on October 13, 1988, while directing work crews removing debris from two nearby construction sites which were being torn down by the company’s contractors; at least five other people were injured according to news reports attributed to local television stations in New Orleans and Sh
The Importance of a Qualified Louisiana Mesothelioma Attorney
The verdicts are given by the National Institute for Occupational Safety and Health (NIOSH). NIOSH is a branch of the Centers for Disease Control and Prevention (CDC) that has extensive expertise in occupational safety and health issues.
In this blog post, I’ll give you a quick summary of some of the recent verdicts given in cases involving asbestos exposure. My hope is that by reading this post you will be better able to understand what the verdicts mean.
The first thing you should know about asbestos is that it was used extensively as a building material, primarily because it has both strong insulating properties and extreme durability. Some companies were so successful that they used asbestos in everything from jugs to pipe insulation, as well as insulation in their furnace baffles and chimney caps. However, concerns about its toxicity led to strict regulations on its use by large companies that employed thousands of workers, mostly in industries such as iron ore mining, steel and construction — where exposure was likely the greatest.
The most common form of asbestos exposure is through inhalation; but there are other forms too, including ingestion (inhalation of dust), skin contact with asbestos fibers (transmission via clothing), inhaling dust from contaminated surfaces, or by eating contaminated food/drinks/packaging (typical dust from demolition sites), etc…
With respect to workplace exposure, NIOSH estimates that one-half million workers died from mesothelioma between 1950 – 1975; however, there has been no mortality data published since then. The legal definition of mesothelioma includes only workers who have died from the disease; thus it is estimated there are tens of thousands more who have survived but have not been diagnosed due to lack of attention paid to finding them during their lifetime or lack of knowledge about their symptoms or diagnosis once they do die. This only leaves approximately 10% or so diagnosed with mesothelioma alive today — which explains why many workers develop progressive symptoms when they do die.
This statistic also says nothing on how long you live after being diagnosed with mesothelioma; while it’s believed that there are only around five years between diagnosis and death, your actual survival depends on many factors including your age at diagnosis (as well as genetic predisposition), your medical history, especially any cancer treatment you may receive prior to diagnosis — which can impact how long you live after diagnosis — and whether or not you take any medications during this time frame (which can greatly impact.
Louisiana Asbestos Laws and Regulations
New legislation may soon be available to protect workers from asbestos-related diseases. In the state of Louisiana, workers are covered by certain health and safety regulations in the event of exposure to asbestos products. The sale of asbestos products is illegal in Louisiana and there are some additional regulations that must be followed when dealing with the material.
But there’s something that can really get you off track — a lack of awareness about toxic materials, both for those who were exposed to them as well as for others who are potentially exposed. So let’s talk about it first:
For years, people have been exposed to asbestos in their jobs and homes, including many people living in Louisiana. The American Cancer Society has estimated that one person dies from mesothelioma every minute worldwide and that number is steadily rising. Mesothelioma was originally named as “scarlet fever”, which was commonly thought to be caused by scarlet fever or chickenpox; it was later discovered to result from silica exposure.
Most people do not experience symptoms after exposure but there have been reports of long-term effects such as cancerous tumors and kidney failure (for example, one study found that mesotheliomas had become more common among residents who grew up near asbestos mines). It is also important to note that these cancers can take a variety of forms including lung cancer and lymphoma; these types require different treatment methods (such as chemotherapy or radiation therapy) depending on the type of cancer.
In addition, there are other factors such as aging which increases the risk of developing mesothelioma; this risk rises with each year older a person gets. Unfortunately, most people who work in environments where they could potentially come into contact with asbestos do not receive protective gear or protective clothing. In fact, most companies do not provide respiratory protection for employees who may come into contact with asbestos dust or fibers such as fibrous materials commonly found in insulation materials used for building construction purposes (commonly referred to as “Asbestos insulation”. ) If a worker has been exposed through breathing dust or fumes which contain asbestos then it is important for doctors to know whether they may have developed mesothelioma due to their work history or whether they were exposed directly during their jobs.
A recent study done by researchers at the University of Missouri Medical Center indicated that nearly three hundred cases of workers’ lung diseases were reported between 1975 and 2005; most were caused by exposure through breathing contaminated air while
Where These Laws Come From
Asbestos is a problem. In fact, it’s a serious health concern that affects anyone who has lived in or worked in the state of Louisiana for at least 30 years. It’s also a headache for those within the state who have to deal with these laws.
Louisiana law on asbestos is confusing. There are over 60 different types of asbestos and nearly 100 different regulations that govern its use, sale, and disposal.
The various types of asbestos you’re likely to encounter are either known as “finer-grained” or “coarser-grained” asbestos, depending on the density of fibers they contain. These two grades aren’t always distinguishable, which can lead to confusion when it comes to dealing with these laws.
So, in short: fine-grained (finer-grained) asbestos is much more susceptible to breaking down and potentially causing cancer than coarser-grained (coarse-grained) asbestos. Here are some helpful links detailing how to identify finer-grained and coarse-grained asbestos:
Asbestos exposure in Louisiana shipyards, oil refineries, manufacturing plants, and at other job sites caused mesothelioma in the state’s residents. Veterans were also exposed at military bases.
Louisiana mesothelioma attorneys help mesothelioma patients and their families access compensation in the state’s courts.
Asbestos fibers can cause severe health effects, including lung cancer and mesothelioma. Your exposure to asbestos can be limited by the laws and regulations you are subject to while living in Louisiana.
This article introduces some basic information that should be considered as you explore the web for more information on asbestos-related topics and legislation.
Where to Get More Information on Asbestos Laws and Regulations?
Louisiana’s asbestos laws and regulations are among the most stringent in the nation. Their strict enforcement of these laws has been a major contributor to asbestos-related lawsuits, which have resulted in more than $2 billion in settlements and judgments.
A sample “Asbestos Case Law Summary” summarizes recent cases involving this dangerous material, which were brought against two Louisiana companies:
Plaintiff: Mar.Philip Corporation
Defendant: Nine Star Environmental, Inc.
Cases: 1:16-cv-00953; 1:16-cv-01221; 1:16-cv-01204; 1:16-cv-02080; 1:16-cv-02078; 2:15-cv-00758; 2:15-cv–00833; 2:15—cv–00827 and others.