Pleural, Peritoneal Mesothelioma Linked to Asbestos in Massachusetts

Pleural mesothelioma is the most common type of mesothelioma, making up two-thirds of cases, according to the Mesothelioma Center. Pleura are the membranes that surround the lungs and chest.

While this form of cancer surrounds the lungs, it is not lung cancer. It is caused by exposure to asbestos and the microscopic flakes easily attach to the pleura, forming this deadly cancer.

Peritoneal mesothelioma is less common, but equally deadly. The peritoneum is the lining of the abdomen. Asbestos, once ingested, can coat the lining of the abdomen and not only cause excessive fluid build-up, but cause tumors that can inhibit major organs.

Boston mesothelioma lawyers are well aware of the effects of both of these forms of cancer. Many clients have met with us after having been exposed to asbestos and diagnosed with mesothelioma. Their family members endure the pain of knowing their time is limited. And it's typically the companies where these people worked so hard for decades that ignored the risks of asbestos that led to the exposure.

Italian researchers used data from 1995 to 2002 to discover that mesothelioma was most common in the industries typically associated with asbestos, such as cement, shipyards, oil refineries and petrochemical industries.

Another study looked at asbestos exposure specifically in connection with peritoneal mesothelioma. All peritoneal mesothelioma cases from 2000 and 2007 were examined and there were 110 cases. In 2000 and 2001, there were 515 pleural mesothelioma cases.

The research found that both victims of pleural mesothelioma and peritoneal mesothelioma had similar levels of exposure to asbestos in the cases studied. Researchers found that 60 percent of victims were exposed in their jobs, while about 7 percent were exposed in their environment or through their family. In pleural mesothelioma victims, twice as many were exposed both at home and on the job.

While there are no known cures, researchers are putting time and effort into studying this form of cancer and there are new, radical treatment options that may be helpful. As with any form of cancer, catching it early is always the best move. See a doctor who specializes in asbestos-related illnesses and get checked out today.

Mesothelioma Proves to be a Devastating Diagnosis Regardless of Form

Medical science continues its search for treatment options, but currently the cancer is classified as terminal as it has no known cure. Diagnosis is not usually given until roughly 30 to 40 years after initial exposure. This delayed diagnosis can make it difficult for a victim to link the cancer to the asbestos exposure that probably caused it decades earlier.

There are a number of stories regarding mesothelioma that provide a sense of inspiration and hope. But a Boston mesothelioma attorney should be contacted immediately if you or a loved one is diagnosed with this terrible disease as advances in treatment still only allow an estimated survival time of about one year. The news can be devastating to family member and with the help from an experienced attorney, you can fight to secure your family's financial well-being.

Depending on the type of mesothelioma that a doctor diagnoses, treatment may be an option. There are four different types of malignant mesothelioma.

Peritoneal Mesothelioma: This diagnosis makes up approximately 20 percent of mesothelioma cases. This cancer develops in the lining of the abdominal cavity, or the peritoneal membrane. Symptoms of this form include weight loss, nausea, abdominal pain, selling and bowel obstruction.

Pleural Mesothelioma: This form of the cancer develops in the lining of the lung, also known as the pleura. This is the most common form of malignant mesothelioma as it makes up about 75 percent of all new cases. Some of the symptoms can include shortness of breath, lumps under the skin, chest pain and persistent cough.

Boston Mesothelioma: Red Wine May Hold Key to Treatment

As of yet, there is no known cure for a patient dealing with a mesothelioma diagnosis. However, there is encouraging research that was recently published in the International Journal of Molecular Medicine recently, suggesting that red wine - of all things - may actually hold the key to treatment.

It seems somewhat far-fetched, and of course, we're a long way from any sort of a cure. But we're happy that research is ongoing, and that scientists continue to explore the possibilities, as mesothelioma is an acute and fatal disease and a diagnosis is a death sentence. Our Boston mesothelioma lawyers work tirelessly to fight for justice on behalf of those who were sickened by asbestos exposure that resulted from the negligence of corporations that produced this material, long after the impacts to health were widely-known.

Here's what we know of this research so far:

While the health benefits of drinking red wine have long been touted, researchers have discovered that an element called resveratrol could suppress high levels of the Sp1 protein and has shown to kill mesothelioma cancer cells.

The experiment was conducted on laboratory mice in Korea at the Soonchunhyant University.

Resveratrol, which is an antioxidant found in the skin of red grapes, has been shown in previous studies to reduce high cholesterol and halt damage to blood vessels. It's an organic compound, and it's well-known to have other health benefits.

And while it may seem a shot in the dark, it's not uncommon that mesothelioma patients are willing to try almost anything, given the bleak prognosis for their condition. In most cases, the condition is treated with some combination of radiation, chemotherapy and surgery. In most cases, the sooner the cancer is caught, the more effective those treatments will be.

Yet, as there is no cure, many patients view it as a prolonging of the inevitable.

Often, doctors will encourage their mesothelioma patients to try alternative treatments, particularly if the side effects are expected to be minimal. In this case, it seems patients require little convincing to try it. 

Boston Mesothelioma Lawyers Hail UK Victims' Victory

Our Boston mesothelioma attorneys have been closely following the news from across the pond, where the nation's supreme court ruled that the insurance liability was induced at the time that the individual was exposed - not when the disease was first discovered.

This is crucial in mesothelioma cases because, as we've discussed on our Boston Mesothelioma Lawyer's Blog, this is a cancer that often doesn't reveal itself for years - usually decades - after the initial exposure. By that time, it is often too late for individuals to seek any kind of effective treatment. In fact, patients usually have less than a year to live.

That leaves their loved ones to pick up the pieces.

In this case, medical insurance companies in England took a gamble by filing the case in the first place, asking the court to make a decision. The companies argued that they shouldn't have to cover someone from the time they were exposed to the asbestos that caused the cancer, but rather from the time the symptoms first began to appear. Of course, that is the difference between a years-worth of coverage and a few decades-worth.

Attorneys for the victims were quoted by CNN as saying they were overjoyed with the court's decision, adding that it will provide comfort to victims and their families, as well as clarity and consistency for individuals who will discover the cancer in the future. That's going to equal financial security for the families of those affected by this awful - and preventable - illness.

In Britain, disease resulting from asbestos exposure is said to be by far the biggest killer in the workplace. In fact, some 5,000 people die of it in England annually. The numbers continue to rise there, as more people discover they have been impacted. It's expected to peak by 2015.

Another $500,000 Dedicated to Finding a Cure For Mesothelioma in New England

This is good news for those who have seen how devastating mesothelioma can be to a person. This incurable form of cancer strikes in its advanced ages, years after a person has been exposed to asbestos.
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In many cases, our Boston mesothelioma lawyers have seen, people were exposed to asbestos decades earlier without feeling any symptoms. It's not until the cancer is in its later stages that people begin feeling the common symptoms of chest pain, trouble breathing and others that indicate something is wrong.

Sadly, research has shown that once a person gets the diagnosis of mesothelioma, they usually only live another 12 months. Because these tumors can stay largely hidden inside a person's body for so long without symptoms, the slow-moving cancer can cause a quick death.

The projects went through a peer-review process, being reviewed by member of the foundation's board. They looked at what the proposed projects would do, what techniques and form of science they would use and what the stated goal is.

Among the projects that will be completed:

A study trying to combine genomic data of 10 mesothelioma tumors to look at molecular characteristics and defining how defective genes impact malignant cells. This project looks to study which genes are meaningful in disease treatment.

An investigation into how the immune system proteins regulate the response of chemotherapy cell death in mesothelioma cells. Previous work has shown that patients who had low or no levels of a certain protein in their tumor cells had longer time without the disease.

The foundation has now provided $7.6 million in grant money to research this form of cancer. The five new grants bring the total to 76 that have been funded by the efforts of this foundation. Everyone wants to see a cancer-free world. For those with mesothelioma and their families, this research means a lot. Mesothelioma hasn't gotten the type of attention other cancers have, so any money available to research it is important.

FDA Grants "Orphan Status" to Drug That Could Treat Malignant Mesothelioma in Boston

Our Boston mesothelioma lawyers believe that the more research that is done on this fatal form of cancer, the better. Right now, some is known about this cancer, but not nearly enough.. 

Some of what we do know:

• Mesothelioma is an incurable form of cancer
• It is caused by exposure to asbestos, a natural mineral
• Asbestos was used in the United States from the early 20th Century to roughly 1991
• It was primarily used in insulation and coating products to resist fire
• When ingested, it attaches to major organs, causing the fatal cancer
• A person can be exposed to asbestos and not feel symptoms for three to four decades
• The median lifespan after diagnosis is 12 months

Unfortunately, what we don't know right now is a cure. And because mesothelioma is generally diagnosed decades after exposure, the cancer is typically deeply rooted in a person by then, which means operations are highly dangerous. Many patients, too, are older, meaning that a major surgery increases risks as well.

But as pharmabiz.com reports, the FDA's granting of orphan status to a Japanese drug company may soon help mesothelioma patients. Orphan status is designed to reward companies that are researching a drug that won't be mass produced and used by millions of people. It gives the companies breaks on costs in order to use their money to do the research.

In this case, CBP501, a drug made by CanBas Co., a bio-pharmaceutical company in Japan, is designed to be used for treatment of patients with mesothelioma. The company reports it is in its late phase II development of the drug. It is designed to be used as a first-time treatment for patients with advanced malignant pleural mesothelioma who can't have surgery.

While all drugs in testing aren't ready for use, this is certainly encouraging news for mesothelioma patients throughout New England. They know that there are few treatment options that are available and work well in their fight against mesothelioma. A drug that can potentially cure this illness or fight back against it, making a person's life longer, is certainly a lofty and well-placed goal.

Department of Defense Provides $16 Million For Mesothelioma Research in Massachusetts

Our Boston mesothelioma lawyers are happy that more money is being dedicated to this important research. While mesothelioma in Massachusetts doesn't get nearly as much exposure as other forms of cancer, such as lung, prostate or breast, that makes it all the more dangerous.

Obviously, those forms of cancer and others like it are more common than mesothelioma, but the lack of press means that many people may have the symptoms of mesothelioma, but don't do anything to get themselves checked. And that's how mesothelioma becomes so dangerous.

Mesothelioma is able to mask itself because the most common symptoms are chest pain, trouble breathing, heavy coughing and fluid build-up, which can be symptoms of other types of ailments. And if a person doesn't realize that these symptoms aren't the result of smoking or old age, they can be further damaged.

Thankfully, though, the current Department of Defense budget includes $16 million for the Department of Defense Peer Reviewed Cancer Research Program to research certain cancers. Researchers looking for a portion of the research money can submit applications to study the following forms of cancer:

• Mesothelioma
• Blood cancers
• Colorectal cancer
• Genetic cancer research
• Kidney cancer
• Listeria vaccine for cancer
• Melanoma and other skin cancers
• Pancreatic cancer
• Pediatric cancers
• Radiation protection utilizing nanotechnology

All of these forms of cancer are important to research because little is known about many of them and treatment options must be established. It's fitting that mesothelioma is one of the potential research topics since many military veterans who served years ago are now being diagnosed with mesothelioma because of exposure on ships or on military bases when the military used asbestos.

Our Massachusetts mesothelioma lawyers hope that this dedicated money goes toward finding a cure for mesothelioma or at least early indications so that the disease may be cut off before it becomes deadly.

Military Veterans at High Risk for Mesothelioma

Our Boston mesothelioma lawyers know many of our military members - active and retired - have sacrificed much in order to protect us. Often, this includes their lives and their long-term health.

The rank-and-file know that when they join, there is a possibility that they could be put in harm's way. However, this does not include the anticipation of a mesothelioma diagnosis, as a result of exposure to asbestos while serving. Mesothelioma doesn't kill as fast as combat but it's no less deadly.

The U.S. Department of Veteran Affairs estimates there are more than 22 million veterans in this country. It is among this population that we tend to see many mesothelioma diagnoses, particularly among those who served in the 1970s and earlier.

These brave men and women likely went years without realizing they had been placed at risk. That's because mesothelioma, which is a rare and fatal form of cancer that affects the lining of major organs, lies silent in the body for decades. At this point, there is no way to detect or treat it until it is in the advanced, aggressive stages. By the time a person is diagnosed and begins receiving treatment, the disease is likely to be quickly fatal.

We most often hear about this cancer affecting members of the U.S. Navy due to the wealth of asbestos material used in ship products. The problem was usually worsened by the fact that as the ships began to age, the asbestos materials became more brittle and friable - and therefore much more dangerous.

The most common areas or products where military members would have come in contact with airborne asbestos materials include (but are not limited to):

• Boiler rooms;
• Engine rooms;
• Mess halls;
• Shipyards;
• Navigation rooms;
• Flooring;
• Motors;
• Compressors;
• Condensers;
• Ship Machinery;
• Wall insulation;
• Weapons and ammunition storage rooms.

Veterans who served decades ago are just now beginning to experience symptoms related to this exposure. The primary symptoms generally include chest pain, shortness of breath, wheezing or coughing, fluid build-up in the lungs, and swelling of the abdomen.

It's important for veterans experience any combination of these symptoms to see a physician right away and be tested for mesothelioma.

We do know that the illness has garnered more attention from the government in recent years, as the Department of Defense awarded funding to five different mesothelioma researchers in both 2008 and 2009.

Mesothelioma Victims Aren't The Only Ones Who Can Sue

However, it's worth noting that these are not the only parties that may be entitled to financial compensation from companies which were careless and negligent in their manufacturing and distribution of asbestos products.

In Michigan State University, et al v. Abestos Settlement Trust, recently decided by the U.S. Court of Appeals for the Eleventh Circuit, a number of universities and colleges took action against a trust established through the bankruptcy of Celotex Corporation. This was a company that distributed roofing and building products for residential and commercial use.

It was a Delaware-based firm founded back in 1994, and Carey Canada, which was a wholly-owned Celotex subsidiary, used to mine, mill and process asbestos fiber for use in the products distributed by Celotex.

In late 1990, both companies filed for a Chapter 11 reorganization bankruptcy, partially as a result of increasing asbestos and mesothelioma litigation. As a result, they did what many companies in this situation do, which is to fund an asbestos litigation trust. The purpose of the trust is to process, liquidate and pay out all asbestos personal injury claims that arise as a result of exposure to the company's products. It's a measure that allows the company to continue operating, which allows it to continue to fulfill its obligation to future victims of its negligence.

After the establishment of this trust, several higher education institutions sought relief from the trust, as a number of their campus structures had been built with the cancer-causing material. The cost of renovation was going to be quite expensive. The colleges included: Michigan State University, The University of Cincinnati, Rochester Institute of Technology, Claremont McKenna College, Prince George's College and Fairfield University.

Initially, the trust denied the colleges' claims, on the basis that it did not satisfy the legal prerequisites for payment. Basically, these were not personal injury victims.

However, the colleges didn't give up. They filed an adversary proceeding through the bankruptcy court, seeking declaratory relief. The case dragged on for a number of years, but it wasn't until another court ruling - Asbestos Settlement Trust v. City of New York (In re Celotax Corp.) that the Trust changed its stance and agreed to pay the colleges. That ruling indicated that property owners who had suffered property damage as a result of asbestos negligence could seek relief from the Trust.

Mesothelioma Verdict Overturned Upon Appeal for Failure to Vet Witness

Our Boston mesothelioma lawyers have learned that asbestos case defendants will stop at nothing to avoid paying what is rightfully owed to a dying former employee or widowed spouse.

This means they often continue fighting, even after a verdict in the worker's favor. In fact, litigation often continues even after a victim dies.

If they do win upon appeal, it's often due to some legal technicality. The fact is, mesothelioma cases are quite complex because they tend to involve historical facts and events that took place decades ago, in addition to modern-day, detailed-medical testimony. What this means is that you need to find an experienced law firm with the dedicated resources to build and present such complex cases to a jury.

It was a legal technicality that recently sank the case of a Washington man who had been awarded $9 million from two dryer felt companies that produced asbestos-laden products he encountered daily in his line of work in a paper mill between 1968 and 1984.

For many years after he left that job, neither he nor his wife suspected anything was amiss. Then, in November of 2006, that former paper mill employee received crushing news: a mesothelioma diagnosis. The aggressive cancer is caused by airborne exposure to asbestos. It lies dormant for years, but is typically fatal shortly after diagnosis.

During the course of the trial, the U.S. District Court judge allowed a doctor to testify as an expert witness for the plaintiff. However, prior to doing so, the judge did not require what is called a Daubert hearing, as required in accordance with Daubert v. Merrell Dow Pharm., Inc. (1993). This case established a precedent holding that in order for a witness to deliver what is considered "expert scientific testimony," a hearing must be held. This is referred to as Rule 702. According to the standards, the judge is the gatekeeper of the information, ensuring that the testimony truly is derived from scientific expertise. Further, there has to be a clear relevance and reliability as to the testimony the expert provides.

The defendants in this case appealed to the Ninth Circuit Court on the basis of several reasons, one of which being that a Daubert hearing was not held for this particular witness.

Asbestos Firm's Attorney Fraud Claims Fall Flat

Our Boston mesothelioma lawyers have become familiar with a range of under-handed legal tactics used by asbestos defendants.

These involve obvious efforts to delay, skirt the primary issue or deny.

Even when these motives are so obviously transparent, they require the plaintiff's attorney to be dexterous in eliminating such strategies.

The most recent attempt has been the fraud allegations that Garlock Seals Technologies has lobbed against a Texas mesothelioma law firm. The company's claims are in fact so egregious that an organized group of personal injury attorneys are petitioning the judge in the case to allow them to intervene, stating such claims are not based in fact, but rather a calculated strategy as the company moves through the bankruptcy process.

First, it's worth noting that the prevalence of asbestos in a large variety of products often makes it difficult to pinpoint exactly which exposure resulted in illness. That's why plaintiff attorneys will look extensively at a person's work history and background, as it is often the result of some exposure during employment. But this is also why you will often see more than one defendant in these cases. Often, multiple companies may be responsible for exposure.

The personal injury lawyer organization contends that Garlock has made a host of similar claims since it entered bankruptcy proceedings in 2010. Garlock is one of 60 companies to be compelled to establish a bankruptcy trust as a result of mesothelioma litigation.

In the case in question, the plaintiff was a man who had worked at a company that sold asbestos-containing gaskets and other parts back in the 1960s. The plaintiff lawyers allege that the illness was caused by crocidolite, a rare kind of asbestos that is derived solely from Garlock products. However, Garlock claims the plaintiff attorneys were pursuing a similar claim against another company at the same time. It further contends it was roped into larger settlement than it would have paid had it been allowed to separate itself from the other defendants. (In Texas, juries are allowed to allocate a percentage of liabilities to third-parties.)

Important Victory for Military Mesothelioma Victim's Widow

Boston mesothelioma lawyers were pleased to hear the action taken by justices with the Virginia Supreme Court regarding the amount owed to the retired seaman's widow.

The reason this case was so closely watched by mesothelioma attorneys is that the victim, who passed away before trial, had sued under general maritime law. He had alleged that he was exposed to asbestos fibers, dust and particles that were in products manufactured by John Crane Inc., as well as nearly two dozen other defendants.

When the plaintiff passed away, the lawsuit was refiled by the widow, as executor of her husband's estate, as a wrongful death action.

The majority of the defendants chose to settle with her, rather than go to trial. But John Crane Inc. fought back.

Before the trial even started, JCI filed a motion in limine that would have excluded all evidence of nonpecuniary damages. These are damages that are outside the scope of monetary damages. In other words, evidence of pain and suffering, loss of consortium, etc., would not be allowed to be heard at trial.

The company's motion was denied by the City of Newport News' Circuit Court.

The jury awarded the widow approximately $6 million, with 50 percent of that to be paid by JCI. That verdict included $2 million for pain and suffering, as well as $2.5 million for the loss of her husband's services and income, another $320,000 for medical expenses and about $8,000 for funeral expenses.

But after the verdict, the company appealed, contending that the widow's own liability theory was based on the fact that her husband had been exposed to the asbestos fibers while on board Navy ships, which were traveling at sea or docked in foreign ports. As such, they contended she would have only been entitled to damages under the Death on the High Seas Act, which is spelled out in 46 U.S.C. Sec. 3031. This act says that when the death of an individual is caused by a wrongful act or default that occurs on the high seas, defined as 3 nautical miles form the U.S. shore, a personal representative of the family may bring civil action against the person or vessel responsible. Part of what that law also says is that this general maritime law limits an award to monetary (or pecuniary) damages.

The case made it all the way to the Virginia Supreme Court, where it vacated the $3 million award that JCI was responsible. However, the widow then asked for a re-order, and the judges agreed to reinstate $2 million of that for her pain and suffering.

PA Court Upholds "Any Exposure" Theory Despite Earlier Ruling

But when medical, scientific and legal opinions intersect, it can make for a contentious battle. Nowhere is that more evident than in mesothelioma cases.

In 2011, a Pennsylvania judge awarded the estate of a deceased mesothelioma plaintiff a $950,000 sum from an electric company for its negligent exposure of the vicitm to asbestos fibers through its welding rods.

The electric company, however, appealed that decision. Our Boston mesothelioma lawyers have since learned that the appellate court affirmed the earlier ruling, refusing the company's challenge to the "any exposure" theory, despite an earlier ruling by that state's supreme court, which found that the theory is not sufficient to establish causation.

The case, Wolfinger v. Lincoln Electric Company, provides some hope that judges and justices will continue to hand down common sense decisions, even in states where patients' rights have been actively restricted.

If you aren't familiar, the "any exposure" theory basically holds that each and every exposure to every kind of asbestos in a workplace setting may constitute causation for the disease.

Many courts reject this, and plaintiffs are often required to show evidence of repeated exposure - despite the fact that doctors and researchers agree no type or amount of asbestos exposure is safe.

In 2005 in Pennsylvania, plaintiffs in Betz v. Pneuma Abex attempted to assert that any exposure to asbestos, even casual, was basis enough to assert causation of mesothelioma or asbestos-related illnesses. This was the argument used, even though the plaintiff in that case had in fact suffered repeated exposure to the fibers in brake linings through his decades of work as an auto mechanic. The court, however, rejected that "any exposure" theory, and that precedent has been upheld in that state ever since.

Then came the Wolfinger case. Lincoln Electric appealed the initial verdict on several grounds, including that:

1. The court had erroneously allowed expert testimony indicating that "any exposure" to the defendant's asbestos-laden products was causation, in violation of Betz
2. The trial court erred in allowing the plaintiff's doctor to testify as to the root cause of his illness.

The court, however, rejected those arguments on the basis that despite the doctor's testimony - specifically with regard to the "any exposure" theory, it was not the only evidence offered by the plaintiff as to causation.

In other words, the plaintiff's attorneys didn't leave it up to this one witness to find a casual link. As such, the earlier verdict was upheld.

Once again, it is critical for the plaintiff attorney to thoroughly research every aspect of a claim before moving forward. Choosing an attorney who is committed to that level of dedication will be critical to the success of your case.

First Responders' Asbestos Exposure Very Real Concern

First responders rushed to the aid of trapped and injured shoppers in downtown Philadelphia last month, after a botched demolition project, without a second thought to their own safety.

Now, however, our Boston mesothelioma lawyers understand that in those hours spent digging, climbing, pulling and lifting, brave men and women were exposed to asbestos fibers, lingering in the air after the collapse.

The confirmation that asbestos was found at the site raised three very important issues:

• The risk taken on by first responders every day;
• The fact that these men and women weren't given protective respiratory gear before they were dispatched to this scene;
• The revelation that a licensed asbestos inspector had deemed the structure asbestos-free just days before the incident.

Let's start with the general risk to first responders. We tend to think of asbestos exposure as being something that is primarily an issue for industrial workers - those in fields of construction, mechanics, shipping, electrical engineering, etc. And it's true that all of those are high-risk occupations in terms of asbestos exposure. However, firefighters are often at risk just by virtue of the fact that their headquarters often contain asbestos. During downtime, firefighters often will do improvement projects here and there around the station, heightening their risk of exposure.
Additionally, given the pervasiveness of asbestos in many 20th century buildings and the fact that the substance is especially deadly when disturbed, consider who we send to these structures when they are on fire or collapsing. Even those who might not have been on a call to an asbestos-laden structure might be exposed to it from the unwashed gear hanging up from those who were on the scene.

Which brings us to the last point, which is the reported failure of this asbestos inspector to correctly identify whether the fibers were present in this structure. This inspector, certified by the city, two weeks prior to the collapse submitted an inspection report indicating that no asbestos was found at the site. Six people were killed when demolition crews improperly took down a wall of the structure. Subsequently, crews were brought in to remove the debris. Those crews have since confirmed that asbestos did in fact have to be removed from the site, proving it was present after all.

So far, the mayor's office has refused to answer questions about how a city inspector could have been so wrong. No doubt, this is not an issue the people of Philadelphia will be willing to drop anytime soon.

Mesothelioma Lawyers Note Chemical Safety Bill Gains Traction

Our Boston mesothelioma attorneys are encouraged by the progress of this action, which was slowed significantly back in 1991 when the Environmental Protection Agency's effort to enact additional protections against asbestos exposure were curtailed by a federal appeals court ruling.

If the 1976 Toxic Substance Control Act can be strengthened, as advocates hope, we believe it may be possible for additional efforts to outlaw asbestos in the U.S. to be renewed. This could ultimately curb future instances of mesothelioma, which is caused by exposure to the fibers when they become airborne.

As it stands right now, the TSCA is essentially toothless, though it pledges regulation of potentially harmful chemicals in both consumer and industrial goods - everything from children's pajamas to plastic bottles.

However, the act has been a disappointing failure. The New York Times reports that of the approximately 85,000 chemicals that are registered for approved use in the U.S., only about 200 have actually been tested by the EPA. Of those, less than a dozen have been restricted.

When the EPA lost its appeal to try to regulate asbestos, the agency also gave up any efforts to initiate further action on the TSCA.

Renewed efforts began in 2005. However, they have thus far been unsuccessful in enacting change because politicians have been effectively swayed by the American Chemistry Council, which represents deep-pocketed firms such as Procter & Gamble and Exxon Mobil.

Still, some say it doesn't go far enough. There aren't enforceable deadlines, for example, and representatives of the Environmental Defense Fund complained that the EPA was lacking in authority to protect low-income communities or infants and children exposed to high amounts of toxic chemicals.

Asbestos is a highly toxic mineral that is heavily regulated, but it's still legal for companies to buy, sell and use in the U.S. Most other industrialized nations have banned the substance, but the political lobby for asbestos products remains active. The EPA had attempted to ban the substance back in 1989, but it lost in federal court appeal two years later.

At the time of that ruling, the U.S. Court of Appeals had criticized the EPA for failing to identify all substitute products that could replace asbestos and evaluating their toxicity as well, which would help in justifying the ban.

Asbestos Exposure Negligence Shows Why Mesothelioma Cases Won't Dwindle Anytime Soon

Our Boston mesothelioma lawyers were appalled when we learned the details of this case, which involves a company so sick with greed that not only would it place its own workers in danger, it would endanger the lives of children.

It started back in September of 2005 and stretched through the spring of 2006. The three defendants in question were former executives at a non-profit program that was created by those involved with an area high school to teach trade skills to at-risk youth. One of those non-profit leaders was a math teacher.

Each of the defendants held key positions with the organization, which was tapped to do a renovation project at a nearby automotive training center.

Part of that renovation, the executives learned, would involve the removal of some 1,000 linear feet of pipe insulation and more insulation in a separate tank. That insulation, the defendants were informed, contained asbestos.

This is not uncommon in structures erected prior to the mid-1970s, when asbestos was used in almost everything from insulation to tile to caulking to electrical paneling.

But in this case, the defendants - who knew asbestos was present - did not hire an outside firm to conduct this portion of the renovation. Instead, investigators say, they cut corners by using at least nine high school vocational students to do it.

These students were in direct contact with the asbestos, breathing in the fibers directly because none of them were given the proper respiratory equipment to protect them from inhaling the material. This was a project that went on for months. And the defendants allowed it to go on, unthinkably putting each and every one of these youth at risk for developing terminal cancer later in life.

As one state attorney was quoted as saying, the defendants did not deem these students worthy of protection because they were "at-risk."

For these actions, the defendants pleaded either guilty or no contest to a number of state and federal felony criminal charges against them, including violation of environmental laws, illegal diversion of construction funds, failure to pay payroll taxes, worker's compensation violations and the unreasonable risk of injury to those nine students.

They will serve a total of about 2 years in prison.

It's true that asbestos is no longer widely used in new products that are manufactured today, and that production has tapered off significantly in the last several decades. However, negligent asbestos exposure cases like this show us why, sadly, we will continue to see mesothelioma litigation for many years to come.

Taconite: Another Cause of Mesothelioma?

Our Boston mesothelioma lawyers know it has long been believed that asbestos exposure was the only known cause of mesothelioma.

However, so far the only people believed to have contracted mesothelioma in connection with taconite exposure are men who worked in the taconite industry.

Taconite is a low-grade iron ore that is mainly comprised of chert. In its natural element, it is primarily found near Lake Superior.

A connection between taconite mining work and mesothelioma was first realized back in the late 1990s. As such, the Minnesota Legislator commissioned the $4.9 million study back in 2008, noting the state's cancer registry revealed that there were a huge spike in mesothelioma cases among Minnesota Iron Range workers.

Back in 2003, the University of Minnesota conducted a study of taconite miners, and discovered that at least 14 to 17 cases of mesothelioma among those individuals were most likely caused by asbestos exposure. However, since that time, another 35 cases of mesothelioma have been diagnosed among taconite miners, and that was what prompted this study.

The results show that for every year a taconite laborer worked in the mine, his risk of mesothelioma inched up by 3 percent. But these workers might also have been exposed to a fair amount of asbestos in this work as well.

"Researchers can not say with assuredness that dust from taconite operations causes mesothelioma," a local report indicated. Ongoing research will be necessary, they said, to determine what role asbestos played in the cases analyzed.

Researchers further pointed out that the taconite industry may be safer today than it was years ago. Occupational exposure to various forms of dust are considered to be within safe limits, and spouse-related contraction of dust-related lung ailments were no higher for taconite workers than they were for the population at large. That is a major difference from what we see in the asbestos industry, where spouses of workers exposed to asbestos have much higher rates of mesothelioma than the general population.