Selecting a Mesothelioma Mawyer

For the patient Selecting a mesothelioma lawyer is very important who was exposed to asbestos but deprived of reasonable protection, like protection gears or not clearly informed about the chemicals that were used in the workplace. The patient can file a mesothelioma or asbestos lawsuit against the company. The lawyers are the one that can help the patient with their mesothelioma or asbestos case. It is important to find a competent lawyer in order to be successful in your case and here are the five points to be followed to find the right lawyer for you.
It’s advisable to get a lawyer from a private law firm because you will personally verify if the lawyer is really suitable. In selecting a mesothelioma lawyer it’s important to determine the accomplishment and how dedicated a lawyer was on the case. It would also beneficial to determine the number of handled cases.
It’s ideal to choose a lawyer that will personally handle your case despite of the office and staff size. Bigger firms may not be the best option because the paralegals and younger attorneys might be the assigned to handle your case. You can also get lawyer from other state if you cannot find one within your state. Generally, lawyers can practice in any state.
In choosing a mesothelioma lawyer it is important to talk about the fee, the covered services, and if there are additional fees with the lawyer. Aside from the main issue, the fee is also an important matter when selecting a mesothelioma lawyer.
Your lawyer must not only be skilled and dedicated, but also a trusted partner that will inform you well. You have the right to know all about the case and even on decision-making.
A hard to reach lawyers even through phone, lawyers that are not interested with your opinion, and lawyers that keeps on asking that make you doubt about their competence are the lawyers that you must not choose.

Selecting a mesothelioma lawyer can help you determine if your company violated anything when it comes to exposing its employees to asbestos and if so, the lawyer can assist you to file a case and get you through the legal proceedings.

Mesothelioma Risk from Limited Asbestos Exposure

Doctors have long known that asbestos exposure in the workplace significantly increases the risk for mesothelioma, but now they’ve discovered that even workers who have had relatively low exposure to asbestos are at increased risk for this deadly cancer, according to a study in the Journal of Occupational and Environmental Medicine. The study also suggests that the man-made fibers often used to replace asbestos in manufacturing may also be increasing workers’ mesothelioma risk.

Most asbestos cases including mesothelioma have been linked to occupational asbestos exposure, and particularly from exposure to the amphibole type of asbestos. Still uncertain is the risk from man-made vitreous fibers (MMVF), which are often used as a substitute for asbestos. MMVFs are similar in structure to asbestos, and some researchers have theorized that they also can cause cancer, but there hasn’t been enough research done to confirm this potential risk.

“Research into the environmental or occupational causes of cancer is difficult to conduct, for various reasons, and there are too few qualified researchers in the entire area of environmental causes of disease,” explains study author Jack Siemiatycki, PhD, Professor at the University of Montreal in Canada. “While many people think that there are armies of researchers investigating such questions, in fact there are only a small number throughout the world, for all environmental chemicals combined. Thus, even though asbestos is the most-studied occupational carcinogen, there still remain unanswered questions about how and under what conditions the different forms of asbestos can cause cancer (such as mesothelioma), and whether MMVF is equally dangerous.”

In the 1980s and 1990s, Professor Siemiatycki and his colleagues launched two studies examining the link between occupational exposures and cancers such as mesothelioma. In these studies, mesothelioma patients were asked about their lifestyle and work histories. Their health and occupational histories were matched with those of healthy controls and other cancer patients. A team of experts then reviewed the responses and compiled a list of potential occupational exposures, including asbestos and MMVF.

Exposed participants were divided into two groups: Substantial exposure included participants who had been exposed to medium or high concentrations of asbestos for more than 5% of their work week for five years or more. Participants who were exposed to lower concentrations of asbestos for a shorter period of time were considered to have had nonsubstantial exposure.

In this study population, the workers most likely to be exposed to both asbestos and MMVF were plumbers and pipe fitters; whereas mechanics were the most likely to be exposed to asbestos alone.

The authors discovered a significantly increased risk of mesothelioma among participants who had occupational exposure to asbestos, and particularly among those who were exposed to the amphibole form of asbestos. However, even workers with nonsubstantial exposure were at higher risk for mesothelioma, which hadn’t been found in previous studies. This discovery suggests that more needs to be done to protect workers from on-the-job asbestos exposures. “As with any other potentially harmful exposure, workers’ exposures should be minimized to the extent that technology and finances permit,” Professor Siemiatycki says.

Another unexpected finding of the study was that participants who were exposed to both asbestos and MMVF were at higher risk for mesothelioma than those exposed to asbestos alone. This suggests that the two substances might work synergistically to increase mesothelioma risk, although the authors say more research is needed to confirm this theory.

“Because of the increasing use of and exposure to MMVF, and the lingering exposure to asbestos, it is important to pursue research to better understand how exposure to these various fibers, alone and in combination act to influence risk of mesothelioma,” the authors wrote.


Source:
Pintos J, Parent ME, Case BW, Rousseau MC, Siemiatycki J. Risk of mesothelioma and occupational exposure to asbestos and man-made vitreous fibers: evidence from two case-control studies in Montreal, Canada. JOEM. 2009.51:1177-1184.

© Surviving Mesothelioma and Cancer Monthly. All rights reserved.

Mesothelioma and Other Cancers Caused by Asbestos Through DNA Damage

Exposure to crocidolite asbestos triggers enhanced DNA damage that can turn cells cancerous, according to a study published online September 25 in the American Journal of Respiratory Cell and Molecular Biology. The discovery might one day lead to a new method of screening people who have been exposed to asbestos and are at risk for mesothelioma and other cancers.

The connection between asbestos and cancers such as mesothelioma has been well documented. Because decades can pass before asbestos-related cancers are diagnosed, and patients with mesothelioma survive an average of just a few years, it is crucial to identify signs of increased cancer risk as early as possible. One way might be to look for DNA damage in patients who have been exposed to asbestos.

Crocidolite asbestos is thought to be the most dangerous form of this fibrous mineral. It leads to the creation of harmful molecules called reactive oxygen species (ROS) and triggers DNA damage that can cause normal cells to turn cancerous. The body tries to repair that damage, but it isn’t always successful. This can lead to the creation of cancer like mesothelioma.

DNA is made up of a two-stranded double helix. When only one of those two strands is defective (called a single strand break), the other strand can be used as a template to repair the broken strand. When both strands are broken (called a double strand break), the body has more trouble fixing the damage. “As a result of not being repaired, the DNA can give rise to mutations,” says study author Val Vallyathan, PhD, Team Leader in Pathology and Physiology Research at the National Institute for Occupational Safety and Health, and Professor of Pathology at West Virginia University. Those mutations can lead to mesothelioma and other cancers.

Dr. Vallyathan and his colleagues looked at the ability of three substances—crocidolite asbestos, silica, and titanium dioxide—to trigger DNA damage in cells, and the genetic ability to repair that damage. Asbestos has already been proven to cause mesothelioma and lung cancer. Dr. Vallyathan included silica and titanium dioxide in the study because their cancer-causing potential is still widely debated.

“Silica is not fully confirmed as a carcinogen in humans, although several studies have shown that it is,” he says. “Titanium dioxide had been considered a very inert particle and had been used as a negative control in animal studies and cellular studies, but in recent years it has been shown that it is probably more toxic than what it was thought to be.”

The researchers exposed normal airway cells and lung cancer cells to all three substances. Although crocidolite asbestos, silica, and titanium dioxide all triggered DNA damage, asbestos was by far the most toxic to cells. It produced the highest amount of ROS production, and led to more DNA double strand breaks than either silica or titanium dioxide.

Asbestos caused continuous DNA damage in both the normal and cancerous cells, which the cells were unable to repair. That second hit of damage to already cancerous cells indicates that asbestos could trigger additional changes inside those cells, leading to more aggressive cancers like mesothelioma that are more likely to spread, Dr. Vallyathan says.

The authors say detection of DNA double strand breaks could be used to measure potential cancer risk in people who have been exposed to crocidolite asbestos. Dr. Vallyathan says that in future research, he would like to monitor the blood of people with known exposures to carcinogens such as asbestos, to determine whether DNA damage can be detected early.

Source:
Msiska Z, Pacurari M, Mishra A, Leonard SS, Castranova V, Vallyathan V. DNA double strand breaks by asbestos, silica and titanium dioxide: possible biomarker of carcinogenic potential? Am J Respir Cell Mol Biol. 2009 Sep 25.
© Surviving Mesothelioma and Cancer Monthly. All rights reserved.

Asbestos

There are different kinds of asbestos. The most common forms are:
"White" asbestos or Chrysotile which is obtained from serpentine rocks. Chrysotile is the type most often used in industry. It is more flexible than other types of asbestos and can be spun and woven into fabric. This is the kind of asbestos used in theatre curtains and firefighters' suits.

"Brown" asbestos or Amosite is a trade name for the amphiboles belonging to the Cummingtonite - Grunerite solid solution series, commonly from Africa.

"Blue" asbestos or Riebeckite is also known under the name of Crocidolite. Blue asbestos is commonly thought of as the most dangerous type of asbestos.


In the United States, chrysotile has been the most commonly used type of asbestos. Chrysotile was often present in a wide variety of materials, including but not limited to:
sheetrock taping
mud and texture coats
vinyl floor tiles, sheeting, adhesives and ceiling tiles
plasters and stuccos
roofing tars, felts, siding, and shingles
"transite" panels, siding, countertops, and pipes
acoustical ceilings
fireproofing
putty
caulk
gaskets
brake pads and shoes
clutch plates
stage curtains
fire blankets
interior fire doors
fireproof clothing for firefighters
refractory cements and papers


Asbestos has been classified as a known human carcinogen (a substance that causes cancer) by the U.S. Department of Health and Human Services, the EPA, and the International Agency for Research on Cancer. In 1989 the EPA passed the Asbestos Ban and Phase Out Rule which was subsequently overturned in the case of Corrosion Proof Fittings v. U.S. Environmental Protection Agency, 1991. This ruling leaves many consumer products that can still legally contain trace amounts of asbestos.

Although it is clear that health risks from asbestos exposure increase with heavier exposure and longer exposure time, investigators have found asbestos-related diseases in individuals with only brief exposures. Generally, those who develop asbestos-related diseases show no signs of illness for a long time after their first exposure. It can take from 10 to 40 years or more for symptoms of an asbestos-related condition to appear.

Mesothelioma Basics

Mesothelioma is a rare form of cancer in which malignant (cancerous) cells are found in the mesothelium, a protective sac that covers most of the body's internal organs.

What is the mesothelium? The mesothelium is a membrane that covers and protects most of the internal organs of the body. It is composed of two layers of cells: One layer immediately surrounds the organ; the other forms a sac around it. The mesothelium produces a lubricating fluid that is released between these layers, allowing moving organs (such as the beating heart and the expanding and contracting lungs) to glide easily against adjacent structures.

The mesothelium has different names, depending on its location in the body. The peritoneum is the mesothelial tissue that covers most of the organs in the abdominal cavity. The pleura is the membrane that surrounds the lungs and lines the wall of the chest cavity. The pericardium covers and protects the heart.

What is mesothelioma? Mesothelioma (cancer of the mesothelium) is a disease in which cells of the mesothelium become abnormal and divide without control or order. They can invade and damage nearby tissues and organs. Cancer cells can also metastasize (spread) from their original site to other parts of the body. Most cases of mesothelioma begin in the pleura or peritoneum.

How common is mesothelioma? Over 2,000 new cases of mesothelioma are diagnosed in the United States each year. Mesothelioma occurs more often in men than in women and risk increases with age, but this disease can appear in either men or women at any age. See statistics for more details.

What are the risk factors for mesothelioma? Working with asbestos is the major risk factor for mesothelioma. A history of asbestos exposure at work is reported in the majority of cases. However, mesothelioma has been reported in some individuals without any known exposure to asbestos. Click here to learn more about asbestos

Who is at increased risk for developing mesothelioma? Since the early 1940s, millions of American workers have been exposed to asbestos dust. An increased risk of developing mesothelioma was originally found among shipyard workers, people who work in asbestos mines and mills, producers of asbestos products, workers in the heating and construction industries, and other trades people. Today, the U.S. Occupational Safety and Health Administration (OSHA) sets limits for acceptable levels of asbestos exposure in the workplace. People who work with asbestos wear personal protective equipment to lower their risk of exposure.

There is evidence that family members and others living with asbestos workers have an increased risk of developing mesothelioma, and possibly other asbestos-related diseases. This risk may be the result of exposure to asbestos dust brought home on the clothing and hair of asbestos workers.

What are the symptoms of mesothelioma? Symptoms of mesothelioma may not appear until 30 to 50 years after exposure to asbestos. Shortness of breath and pain in the chest due to an accumulation of fluid in the pleura are often symptoms of pleural mesothelioma. Symptoms of peritoneal mesothelioma include weight loss and abdominal pain and swelling due to a buildup of fluid in the abdomen. Other symptoms of peritoneal mesothelioma may include bowel obstruction, blood clotting abnormalities, anemia, and fever. If the cancer has spread beyond the mesothelium to other parts of the body, symptoms may include pain, trouble swallowing, or swelling of the neck or face.

How is mesothelioma diagnosed? Diagnosing mesothelioma is often difficult, because the symptoms are similar to those of a number of other conditions. Diagnosis begins with a review of the patient's medical history, including any history of asbestos exposure. A complete physical examination may be performed, including x-rays of the chest or abdomen and lung function tests. A CT (or CAT) scan or an MRI may also be useful.

A biopsy confirms a diagnosis of mesothelioma. In a biopsy, a surgeon or a medical oncologist removes a sample of tissue for examination under a microscope by a pathologist. (See Pathology Diagnosis to learn why some patients request a second opinion.)

Mesothelioma is described as localized if the cancer is found only on the membrane surface where it originated. It is classified as advanced if it has spread beyond the original membrane surface to other parts of the body, such as the lymph nodes, lungs, chest wall, or abdominal organs.

What is the conventional approach to treating mesothelioma? Treatment for mesothelioma depends on the location of the cancer, the stage of the disease, and the patient's age and general health. Standard treatment options include surgery, radiation therapy, and chemotherapy. Sometimes, these treatments are combined. Standard treatment for all but localized mesothelioma is generally not curative. 1 (See survival rates for median survival rates with different treatments.)

Surgery - Extrapleural pneumonectomy in selected patients with early stage disease may improve recurrence-free survival, but its impact on overall survival is unknown. Pleurectomy and decortication can provide palliative relief from symptomatic effusions, discomfort caused by tumor burden, and pain caused by invasive tumor. Operative mortality from pleurectomy/decortication is <2%, while mortality from extrapleural pneumonectomy has ranged from 6% to 30%. 2

Radiation/Chemotherapy - The use of radiation therapy in pleural mesothelioma has been shown to alleviate pain in the majority of patients treated; however, the duration of symptom control is short-lived. Single-agent and combination chemotherapy have been evaluated in single and combined modality studies. The most studied agent is doxorubicin, which has produced partial responses in approximately 15% to 20% of patients studied. Some combination chemotherapy regimens have been reported to have higher response rates in small phase II trials; however, the toxic effects reported are also higher, and there is no evidence that combination regimens result in longer survival or longer control of symptoms. 3

Alimta - The only FDA approved chemotherapy for malignant pleural mesothelioma (in combination with cisplatin) is pemetrexed (Alimta). In the key clinical trial that led to its approval, Alimta was combined with another chemotherapy drug (cisplatin) and compared with cisplatin alone. The patients who received the two drugs (Alimta and cisplatin) had their cancers progress (grow/spread) in 5.7 months (median). The patients who only received cisplatin had their tumors progress in 3.9 months (median). The median survival for the patients who received both drugs was 12.1 months versus 9.3 months for cisplatin only. 4

For some physicians, these therapeutic gains are not impressive. For example, some have written, "For the treatment of mesothelioma, there is little evidence that current therapies (chemotherapy, radiation, surgery) provide significant benefit for survival or quality of life.[R]adical treatments, occupying the 3 months after diagnosis, can take up the best 3 months that the patient might have had.Malignant mesothelioma has largely defeated treatment..."5


Sources:
Unless otherwise indicated by an endnote, the above material was adapted from National Cancer Institute Cancer Facts - Mesothelioma: Questions and Answers 5/13/2002.
1 National Cancer Institute Malignant Mesothelioma (PDQ®): Treatment; Health Professional Version - Treatment Option Overview available here on September 30 , 2005.

2 Id.

3 Id.

4 Vogelzang NJ, et al., Phase III study of pemetrexed in combination with cisplatin versus cisplatin alone in patients with malignant pleural mesothelioma . J Clin Oncol. 2003 Jul 15;21(14):2636-44.

5 Treasure T, Sedrakyan A., Pleural mesothelioma: little evidence, still time to do trials . Lancet. 2004 Sep 25-Oct 1;364(9440):1183-5.

Mesothelioma Lawyers - Important Information for Patients

Deciding to pursue legal recourse and selecting an attorney to represent you in a mesothelioma or asbestos lawsuit are important decisions that should be made carefully. I have seen some families receive $500,000 and others be awarded nearly $30 million. I have seen some lawyers reject a case only to have another firm accept it and make a big success of it. And I have seen some families wait nearly three years to receive their first check while others received large checks within three months of filing a claim. The main reasons for these differences are the facts of the patient's situation and the law firm chosen.

The Facts of Your Situation

Some mesothelioma patients know they worked around asbestos, but many do not know how they were exposed or how often. In fact, many people are not sure if they were ever near this carcinogen. Unfortunately, there have been thousands of products that contained asbestos - cigarette filters, hair dryers, brakes, basement and roof materials, pipes, boilers, insulation, and many other products found throughout the home and at work. If you were diagnosed with mesothelioma it is more than likely that you were exposed to asbestos multiple times in your life and that this happened decades before your diagnosis.

In general, the value of your case depends on how many asbestos containing products you were exposed to, the number of identifiable defendants that still exist (many have declared bankruptcy), your age and earning capacity. And the speed of your case can depend on a number of variables including the state where you worked and lived when you were exposed to asbestos.

The Law Firm You Choose

When you have been given the news about this terrible disease, you may not feel that you have the time to deal with the legal questions - Should I talk to a lawyer? Should I file a claim? However, you should not wait too long to learn about your legal rights for at least three reasons:
Statutes of Limitations - There are statute of limitations which means you only have a limited time to file your case after diagnosis. The statute of limitations time period is set by individual states and varies. The clock usually starts ticking on the day of diagnosis.

Financial Pressure - A mesothelioma diagnosis can bring financial stress, less income, more expenses, and treatments that are not covered by insurance. Knowing that money may be on the way from filing a claim can bring financial relief.

Lawyers Can be Excellent Resources - The more experienced mesothelioma lawyers and law firms can often be excellent sources of information about various doctors and treatment options available for this disease.


But, picking a lawyer is serious business and you should not use TV ads as the reason to hire an attorney. Actual credentials are what counts. For example, what type of accomplishments has the law firm achieved? How committed are they to mesothelioma/asbestos cases? Are these cases a substantial part of their practice or just a small piece? How many other cases like yours have they handled?

Also, make sure you understand the fees being charges. Contingency is the term that means that the lawyer gets paid only after they collect money for you. The amount of the contingency fee that your lawyer can charge varies and is usually between 33% and 40%. It is important to discuss fees openly, ask what services they cover, how they are calculated, and whether there will be any extra charges.

Finally, for something as important as a mesothelioma lawsuit, your attorney should not only be experienced, skilled, and dedicated, but also a trusted partner who understands that your health needs always take precedence. The best lawyers are those that are not only expert at what they do, but are also caring, supportive, thoughtful and compassionate.

Below are two mesothelioma law firms that have impressed us with their accomplishments, successes and testimonials. If you are in another state, call us at 1-619-599-3112 and we can share with you the names of reputable mesothelioma law firms in your region.New York and New Jersey
Levy Phillips & Konigsberg LLP ("LPK")
If you or someone you know has mesothelioma and has ever lived (or performed any work) in NY or NJ, call LPK for a free consultation, 24 hours a day, 7 days a week (1-800-637-6529) or visit their website. LPK has over three decades of experience, including many top mesothelioma jury awards in NY and NJ.

Maryland, Delaware, Washington D.C., Pennsylvania or Tennessee
The Law Offices of Peter G. Angelos, P.C.
If you or someone you know has mesothelioma and has ever lived or performed work in Md., De., D.C., Pa. or Tn. please call or email the The Law Offices of Peter G. Angelos, P.C. for a free consultation, 24 hours a day, 7 days a week. 1-800-556- 5522, www.angeloslaw.com. The Law Offices of Peter G. Angelos, P.C. has specialized in asbestos litigation since the early 1980's.
By Michael Horwin, MA, JD*