Now, as reported by the Legal Intelligencer, after nearly a quarter of a century of trying asbestos lawsuits with reverse bifurcation, the Philadelphia Common Pleas Court’s mass torts program for asbestos began “straight-through trials” of asbestos cases in which it is uncontested that plaintiffs have mesothelioma because of asbestos exposure.

“Straight through trial” basically means that the plaintiffs do not first have to prove to the court – with documents and records and other evidence – that asbestos exposure caused their mesothelioma. Instead, the court takes for granted that it did, in which case most lawsuits settle out of court. So far though, even those that have gone through to trial have ended favorably for plaintiffs. One such mesothelioma patient and his family won $4.5 million in a recent trial verdict.

It’s good news for mesothelioma victims and not so good news for some defendants who make or have made asbestos-containing products. Examples of companies that had ready defenses to disprove asbestos exposure from their products as the cause of mesothelioma in a plaintiff include break pad manufacturers and insulation companies. These defendants would use reverse bifurcation to fight off taking responsibility for the victim’s illness. Hopefully, more states will follow PA’s lead on this.

If you or a loved one has suffered from asbestos exposure and later developed mesothelioma, call an asbestos attorney at Sokolove Law today for a free consultation.

Asbestos

The study, which was recently published online in Nature Genetics, found evidence that people with BAP1 gene mutations may have an increased chance of developing multiple cancer types such as mesothelioma, breast, ovarian, pancreatic and renal cancers. The study highlighted two U.S. families with members who have the BAP1 gene mutation. Both families also have “a high incidence of mesothelioma.”

Dr. Joseph R. Testa, another study co-leader and the Carol and Kenneth E. Weg chairman in Human Genetics at Fox Chase Cancer Center, said the study was the first to “demonstrate that individual genetic makeup can greatly influence susceptibility to mesothelioma.”

While only a first step, the discoveries noted in this study could one day lead to fundamental progress in mesothelioma care. Thanks to Drs. Carbone and Testa and their crew for the hard work. We hope this is just the beginning of bigger breakthroughs to come.

Living with the day-to-day hardships of mesothelioma – whether it is you or a loved one who has been diagnosed with the illness – is both emotionally and financially taxing. If you feel that a company or former employer may be responsible for the asbestos exposure that led to an illness, contact a mesothelioma attorney to learn about filing amesothelioma lawsuit.

Mesothelioma

All of these errors can potentially result in a birth injury occurring that may remain with the newborn child for their entire lives.

According to a study released this month by CRIGO Strategies that analyzed more than 800 OB medical liability cases filed between 2005 and 2009, the three most common allegations in the lawsuits were as follows: Delayed treatment of fetal distress, improper execution of vaginal delivery, and improper management of pregnancy.

“Obstetrics has some unique vulnerabilities, most often involving situations in which a sequence of errors or oversights cascade into a crisis that can put mother and baby in jeopardy,” said Robert Hanscom, CRIGO’s senior vice president.

Obstetrician errors can result in a number of birth injuries that can affect the mother and/or the child being born. Among the more serious birth injuries a newborn can suffer from is cerebral palsy, which can affect a newborn for the rest of his or her life and often relegate them to a wheelchair and constant medical care.

If you or your child was born with a birth injury that can be attributed to medical error, such as cerebral palsy, there may be legal options available to you. Contact a birth injury attorney at Sokolove Law today to learn about your options regarding a lawsuit against the doctors who caused your injury.

Birth Injury

Perhaps most troubling is the fact that despite these known health risks, asbestos is still not banned in the United States and is manufactured and used every day.

But you can help change this. There are a number of easy ways for you to join the fight to ban asbestos and beat mesothelioma forever, and it all begins with one simple goal: raising awareness.

Each year, the Mesothelioma Applied Research Foundation (MARF) recognizes September 26 as National Mesothelioma Awareness Day in order to educate the public about the dangers of asbestos exposure and raise much-needed financial support for research towards improved treatments of the disease. The first Mesothelioma Awareness Day was started in 2004 by a group of volunteers and every year since has been larger and more widespread.

Want to participate, but don’t know where to start? Here are some ideas:

• Write a letter to Congress urging them to ban asbestos. We have a pre-written letter on our homepage you can sign and send digitally in minutes. (Yes, your representatives really receive them and sometimes they’ll even write you back!)
• Spread the word! You can click the Facebook and Twitter buttons on the top or bottom of this page to easily share the news about Mesothelioma Awareness Day with your friends.
• Join MARF’s social media campaign. They have ready-to-use facts and updates for you to share online.
• Plan or attend a fundraising event. You can check MARF’s event calendar to see if there’s anything planned in your area, and if there isn’t, they have otherideas how you can become involved – both on 9/26, as well as throughout the year.
• Make a donation to a non-profit organization like MARF or the Asbestos Disease Organization (ADAO).
• Check out the Mesothelioma Resource Center’s list of ways to raisemesothelioma awareness, which include contacting local news outlets, meeting local government leaders, fundraising and more.

Whether it’s the click of a mouse or a dollar in a donation jar, you CAN make a difference on National Mesothelioma Awareness Day. By raising awareness, we can save lives through safety education and prevention, as well as gaining support for the movements to ban asbestos and secure additional funding for improved treatments.

So take action and spread the word! Together, we can ban asbestos and beat asbestos-related diseases like mesothelioma.

Mesothelioma

In this post — the first in a series of Mesothelioma Awareness Day posts designed to help raise awareness – we present our top ten asbestos-containing products to be aware of:

Baby powder? Baby powder!

Baby powder and other adult cosmetic powders and talcum powders often contain talc. The International Agency for Research on Cancer (IARC) classifies talc that contains asbestos as “carcinogenic to humans” and talc not containing asbestos as “not classifiable as to carcinogenicity in humans.

2. Cigarette Filters

As if smoking cigarettes wasn’t already bad enough, asbestos has been known to be present in the filters.

3. Hair Dryers

Check with the manufacturer of your specific model, as some hair dryers have asbestos-based insulators.

4. Mittens

Are your hands really that cold? Some fire or heat-proof mittens have linings that contain asbestos.

5. Yarn

Typically, you don’t have to worry about the yarn you’re using to knit a scarf, unless it’s known to contain heat-proof threads, which contain asbestos.

6. Popcorn Poppers

As with hair dryers, most small electronics and appliances manufacturers have discontinued the use of asbestos. If yours is an older model or if you have concerns, contact the manufacturer.

7. Brake Pads

Many automotive parts are still manufactured with asbestos today, especially brake pads, to help prevent overheating.

8. Cork Board

If you have an old cork board and you can’t verify its safety with a manufacturer, think twice before tacking up your next picture or note.

9. Duct Tape

Many electrical tapes contain asbestos to help prevent melting or catching fire.

10. Rope

Although many ropes are asbestos-free, some that are heat or fire resistant do contain asbestos.

When asbestos fibers are inhalable, they are breathed into the lungs where the microscopic fibers embed into the tissue and accumulate. The inhalation of asbestos fibers is the leading cause of mesothelioma.

Speak to an Asbestos Attorney Today

For those who have been diagnosed with mesothelioma cancer that can be linked to asbestos exposure caused by a product or former employer, you may be entitled to financial compensation. Contact an experienced mesothelioma attorney to learn more about your rights, and to see if pursuing a mesothelioma settlement is in your best interest.

Asbestos

Frank Bender, a well-known forensic sculptor who came to be known as the “recomposer of the dead,” passed away from mesothelioma last month at the age of 70 after battling the deadly asbestos diseasefor nearly two years.

The asbestos exposure that likely caused Bender’s eventualmesothelioma diagnosis may have come during his years working in the engine room of a navy ship before he began his career as a forensic sculptor. He joins a group of notable public figures who have passed away from mesothelioma, including NFL Hall of Famer Merlin Olsen, Olympic gold medalist Terrence McCann, musician Warren Zevon, actor Steve McQueen, architect Paul Rudolph, and band manager Malcolm McLaren.

Bender became well known throughout the U.S. – and attained local fame in Philadelphia where he was born and raised – following his involvement in the case of John List, a N.J. man who disappeared after killing his family in 1971. A Bender-designed bust of List’s head that reflected what he would look like 18 years after the murders that was used in an 1989 episode of “America’s Most Wanted” that resulted in the murderer’s capture and eventual conviction

“In many ways, Frank’s bust of John List really launched “America’s Most Wanted” into a national force for catching fugitives,” America’s Most Wanted host John Walsh said in 2009, according to thePhiladelphia Inquirer. “Whenever I get the tough cases, I call Frank.”

If you have previously served in any branch of the U.S. military and are now suffering from mesothelioma cancer, you may be entitled to financial compensation from companies that manufactured or sold asbestos products and may be at fault for the illness. Contact amesothelioma attorney if you have any questions about pursuing amesothelioma lawsuit and/or would like to take action.

Mesothelioma

With the U.S. Labor Department celebrating October as National Disability Employment Awareness Month, we thought it would be appropriate to take a moment to honor cerebral palsy patients who contribute so much to the workforce.

Cerebral palsy is a term used for a group of conditions that are caused by injuries or abnormalities of the brain and nervous system that most often occur while the baby is still in the womb. Many times, cerebral palsy can develop due to medical negligence.

Severe cases of cerebral palsy often require regular medical assistance and can significantly hamper one’s ability to move. However, other cases may be much more manageable and allow the individual to live a mostly independent and self-sufficient life, which may include pursuing a full-time career.

National Disability Employment Awareness Month was created to help appreciate the work that disabled individuals do in the workplace every day that may otherwise go unnoticed, said Kathy Martinez, the assistant secretary of labor for disability employment policy.

“Return on investment means hiring the right talent,” said Martinez. “Workers with disabilities represent all skill sets and are ready to get the job done. This year’s theme focuses on improving employment opportunities that lead to good jobs and a secure economic future for people with disabilities and the nation as a whole.”

National Disability Employment Awareness Month also attempts to instill ideas of creating a welcoming and inclusive workplace for people with disabilities so they can gain dignity, respect and self-determination through their profession.

The history of National Disability Employment Awareness Month dates back to 1945, when Congress enacted a law declaring the first week in October each year “National Employ the Physically Handicapped Week.” By 1988, Congress expanded it to the full month of October and adjusted the name accordingly. The U.S. Department of Labor’s Office of Disability Employment Policy has handled awareness responsibilities for the month since 2001.

If you or a loved one have a child who suffered a birth injury and now suffers from a form of cerebral palsy that may have been caused bymedical malpractice or negligence, it may be worth considering a birth injury lawsuit. Speak to a birth injury lawyer at Sokolove Law today to learn more about the legal options that may be open to you.

Cerebral Palsy

But how small is small?

This old advertisement from the infamous asbestos leader Johns-Manville shows how impossibly small asbestos fibers are: over 1500 of them bundled together are smaller than a human hair.

What is perhaps more astonishing then the relative size of asbestos fibers is the fact that their size was once a selling point for the global asbestos industry.

Asbestos

HUD officials announced this week that they have charged the landlords of an Iowa apartment building with violating the Fair Housing Act after refusing to properly accommodate the family, which has a seven-year-old daughter who suffered the childbirth injury.

As part of her treatment, the girl had previously received a Labrador retriever as a medically-prescribed emotional support animal. However, when the mother and daughter moved into an apartment owned by John and Nancy Meany, the landlords refused to modify a “no pets policy” for the apartment.

Despite the mother’s ability to provide documentation of the need for the dog to live with her daughter from her pediatrician and therapist, the landlords still refused to allow the dog unless they received a $200 deposit and a $25 monthly rent increase.

The mother and daughter felt the need to move, and eventually did so to another apartment that cost more and was farther away from the daughter’s school.

“Threatening parents with eviction for requesting an emotional support animal for a child with disabilities or charging more for having one is against the law,” said John Trasviña, the HUD assistant secretary for fair housing and equal opportunity. “HUD is committed to ensuring that landlords comply with fair housing laws and provide the accommodations that may be necessary for tenants with disabilities to have the same opportunities to enjoy their homes.”

According to the HUD’s Fair Housing Act, it is “unlawful for landlords to refuse a reasonable accommodation in their rules, policies, practices, or services when needed to provide persons with disabilities an equal opportunity to use or enjoy a dwelling.” Landlords are also not allowed to “impose different rules and restrictions” under such circumstances.

While this is a very unfortunate and sad situation, hopefully the HUD’s intervention will help this family get the help they need. Regardless, this situation shows the difficulties – and expenses – that come with caring for a child with a birth injury. If you would like to pursue a cerebral palsy lawsuit against the doctors who caused your child’s birth injury, contact a birth injury attorney at Sokolove Law today.

Cerebral Palsy

The study, released in the British medical journal The Lancet, found that 9/11 firefighters are 19 percent more likely to develop cancer than those who were not at the Trade Center wreckage, according toThe New York Times.

Study leader Dr. David J. Prezant said the findings indicate an “increased likelihood for the development of any type of cancer” but noted that they were far from conclusive.

Toxic substances found at the site of the 9/11 attacks, such asasbestos and jet fuel, can trigger diseases that may take decades to develop, such as mesothelioma.

A portion of New York City was covered by a cloud of fine powder after the towers fell. A study released after the terrorist attacks by the Virginia firm HP Environmental reported that the powder creating this toxic cloud contained asbestos. In fact, the asbestos particles were so pulverized in the explosion that most were smaller than what could be detected by the EPA’s standard testing method. After adjusting the test to check smaller fiber concentrations, the study concluded that there was an “overwhelming concentration” of the ultrafine asbestos particles.

The 9/11 first responders, including firefighters, police, and other emergency personnel, “were exposed to a whole soup of carcinogens,” said Dr. Philip J. Landrigan of. Dr. Landrigan is the director of environmental and occupational medicine at Mount Sinai School of Medicine in Manhattan and a leading expert on asbestos toxicity. He is also the principal investigator of a related report published in The Lancet on the health effects of the attacks on recovery and rescue workers.

However, Dr. James Melius, administrator of the New York StateLaborers’ Health and Safety Trust Fund and a peer reviewer of the firefighter study, warned that it “would probably not be enough to persuade federal officials to include cancer as one of the diseases covered under the Zadroga Act.”

The James Zadroga 9/11 Health and Compensation Act of 2010 (H.R. 847) was called into law by President Obama in 2010 and it statesthat those who have 9/11 related health conditions may be eligible for health care under this law.

If you were diagnosed with mesothelioma and suspect you wereexposed to asbestos at ground zero, you may be entitled to financial compensation. To learn more about your legal options regarding a possible mesothelioma settlement, please contact an asbestoslawyer.

Asbestos