Wed. Sep 18th, 2019

How Does Mesothelioma Case Start?

4 min read

Stack of three gray textbooks with the words "divorce," "family" and "law" written in gold print. The textbooks are behind a wooden gavel that is poised above two golden rings.

Mesothelioma is a rare cancer disease associated with the contact of asbestos. Because it is a rare kind of mystery, mesothelioma went misdiagnosed for over the years. The long history of studies concluded better, but it is not yet complete for a good understanding of cancer.

Today, the doctor knows the cause of the mesothelioma cancer which is the exposure to the asbestos products.

The Early Discovery of Mesothelioma Disease

The earliest mention of tumor in the lining of the lungs was made in 1976 by Joseph Lieutaud the founder of pathologic anatomy in France, according to the medical literature. Detailing the study with some 3,000 autopsies he performed and there are two cases of the pleural tumors.

He found a fleshy masses adherent to the pleura and the ribs of a ceased boy. In 1819, Rene-Theophile-Hyacinthe Laennec, a French physician who invented the stethoscope, suggests that the malignancy could arise from pleura based on his understanding like the pleural cells.

However, in 1843, Karl Freiherr von Rokitansky a professor of pathological anatomy at the Vienna University challenged that notion stating pleural cancer was always a secondary to primary cancer elsewhere in the body.

Despite the lack of convincing evidence, It became the accepted theory of the medical establishments for many years. Unexpectedly, von Rokitansky described primary tumors of the peritoneum or the first record cases of peritoneal mesothelioma.

Mesothelioma Lawsuits

The first mesothelioma lawsuit was filed in the year 1930s. Since mesothelioma is a rare form of cancer and the early detection is not yet clear, the early lawsuits think and focus of the other kind of cancers and diseases with has to contact with the asbestos. The early lawsuit has remained an essential history of a mesothelioma lawsuit. However, when they publicized the issue of the risk that might get with associating in asbestos, it reveals that the companies are responsible for manufacturing asbestos and is aware of the danger to their health and had intentionally hidden from their workers.

A change occurs when the Environmental Protection Agency issues 1970 report findings that mesothelioma and lung cancer is directly caused by being exposed to asbestos.  As a result, the states began to issue regulations for limiting the use of asbestos. In the federal government issues a series of bans on asbestos products. It contributed to the awful number of lawsuits that arise in the year 80s and 90s — the companies exposed to lawsuits. Many companies turn into bankruptcy, corporate re-organization and resulting in the companies to shut down or close their store by the early 1990s.

Several cases turn into settlements that the companies offered in an attempt to limit exposure and liability which the United States dealt. The settlements are rejected because they would have excluded the future claimants. The recent development in asbestos and mesothelioma case is the prosecution of complainant’s attorney and the companies they represent under the RICO act. It is a law that was created to catch the individuals who are involved in organized crime.

 Types of complainants

  • Complainants who worked in the asbestos mines, factories and sued the business.
  • The people are working in the area that is exposed to asbestos such as in their worksites, especially in the power plants, railroads, and shipyards. They sue the distributors and the owners of the premises where the exposure took.
  • Workers and private individuals who are exposed to the asbestos on during or in their work as they use in the construction, the property owner and employer are being sued.

The other parties that are liable for the asbestos-related cases are the manufacturers of the protective equipment, retailers of asbestos-containing products, owners of premises containing asbestos, and the banks that financed projects involving asbestos use.

Settlements

There are instances that the mesothelioma case will not proceed to the trial because both parties ended in a settlement or payment for the case. Despite the reason that mesothelioma is now much common than the past years, It remains complicated and technical than any civil suits. To avoid liability and additional payments both responsible parties agreed for a settlement.

Seeking for attorneys help

If diagnosed with an asbestos-related disease or mesothelioma cancer, don’t hesitate to consult a person working in the legal profession. You can start by doing some research on the trusted law firms in your area who focuses on this particular area of law. And this is specializing in areas like handling cases that concern mesothelioma. With them, you are in good hands.

Choose a lawyer that has experienced and knowledgeable in handling mesothelioma cases. Having a reliable lawyer, you are assured that you will win this case.

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