Mesothelioma Attorneys San Diego

MesotheliomaAttorneys serving clients in San Diego California

and across the United States

Clapper Patti Schweizer Mason San Diego Mesothelioma Asbestos Cancer Attorneys We are California Mesothelioma attorneys with years of success recovering millions for San Diego mesothelioma Patients and their families. Because San Diego has been such a hub of activity for the United States Navy, many people who were exposed to asbestos at San Diego ship repair facilities and Naval bases have been afflicted with mesothelioma. Our attorneys have been representing mesothelioma patients for 25 years. We have obtained hundreds of millions of dollars in settlements and jury awards for our clients in asbestos lawsuits.

San Diego sites where our clients have worked include the 32nd Street Naval Base, North Island Naval Air Station, Campbell Industries Shipyard, San Diego Marine Shipyard, Triple A Shipyard, National Steel Shipyard, San Diego County Courthouse, the San Diego County Jail, San Diego Juvenile Courthouse Complex, San Diego County Mental Health Center, University of San Diego Hospital, San Diego Health Services Complex, among many others. We have a vast library of information about these and many other San Diego sites, that includes information about the types and brands of asbestos products used at each location.
We represent mesothelioma patients and their families. Mesothelioma is a very serious form of cancer, and families who have been touched by mesothelioma have many challenges ahead. Whatever treatment options a mesothelioma patient chooses, treatment is expensive. A mesothelioma diagnosis can often mean financial hardship without some kind of legal assistance. Our experienced asbestos attorneys can help provide fast compensation to San Diego area families impacted by mesothelioma. The financial resources we make available allow our clients to focus on fighting mesothelioma, beating the odds, and enjoying time with their loved ones.

Every mesothelioma patient’s exposure to asbestos is different. Some, such as insulators, shipyard workers, or boilermakers, had jobs that obviously involved working with asbestos. However, many mesothelioma victims we have represented have not known how or when they were exposed to asbestos until our lawyers completed an extensive asbestos exposure investigation. By getting to know each client as an individual, and by learning each client’s personal story of asbestos exposure, we can show which asbestos companies were responsible for causing the mesothelioma. As lawyers for people with mesothelioma we hold the asbestos industry accountable for the damage their asbestos products have done. Many people with mesothelioma who first contact us mistakenly believe the asbestos companies did not know their asbestos products caused cancer until the 1970's or 1980's. This is unfortunately not true. Documents our lawyers have obtained in litigation show that manufacturers of asbestos products knew the workers in their own factories were getting asbestos related lung cancer and othelioma from asbestos as early as the 1930's and 1940's, yet they hid this knowledge. It is a modern tragedy that most cases of mesothelioma and other asbestos cancers could and should have been prevented. While we cannot undo the harm that asbestos has caused, our mission as mesothelioma attorneys is to hold the wrongdoers accountable, and to recover the maximum compensation possible for our mesothelioma clients.

Our lawyers represent not only people who have been diagnosed with mesothelioma, but also spouses, sons and daughters of people who have died from mesothelioma. If you or a loved one has been diagnosed with mesothelioma cancer, please contact us as soon as possible. One of our lawyers will fly to your home within a few days. In most cases, you will not have to travel or even appear in court. Our lawyers will investigate your case, meet with you and take video depositions. You will not have to pay any attorneys’ fees unless we obtain a financial settlement for you. Call our toll-free number or fill out the contact form on this page to consult with an experienced asbestos lawyer at no cost about financial assistance available to mesothelioma patients.

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Mesothelioma Law firm

Victims of mesothelioma, asbestosis and asbestos cancer in Missouri, Illinois and the Midwest look to the O'Brien Law Firm for the best legal representation. The O'Brien Law Firm represents victims of asbestos diseases and their families. At the O'Brien Law Firm, cases get the attention and focus they deserve because of the unique experience of the staff and their understanding of asbestos disease and the situations clients and their families find themselves in.
The O'Brien Law firm has over a decade of experience litigating asbestos cases in Missouri, Illinois and the Midwest. Attorney Andrew O'Brien has successfully tried numerous asbestos cases to verdict. The O'Brien Law Firm has the experience, knowledge and commitment that people injured by asbestos deserve in their representation.

"Medical doctors are astonished at the continued havoc Mesothelioma Attorney Andrew O'Brienasbestos is wreaking on the lives of American men and women who were unwittingly exposed to asbestos and who are now suffering the ultimate price. While many companies are trying to avoid their liabilities through bankruptcy or through the political process seeking undeserved legislative relief, the O'Brien Law Firm believes now more than ever that asbestos victims need dedicated, knowledgeable and skilled trial attorneys to fight to preserve their rights and to seek just compensation on their behalf and on behalf of their families."

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Tennessee Mesothelioma Lawyer

Tennessee Mesothelioma Lawyer and Legal Information

While Tennessee has not seen the volume of asbestos-related lawsuits that states like Virginia, Texas, Ohio and Pennsylvania have seen, the state courts have dealt with enough asbestos cases to have developed specific statutes and policies for dealing with asbestos-related diseases. For instance, in 1979, the Tennessee legislature passed a bill that accepted asbestosis from a restrictive statute of repose that would have barred most asbestosis lawsuits from being filed.

Often, asbestos and mesothelioma lawsuits are challenged either in pre-trial motions or on appeal with defendants citing errors of procedure as the reason for appeal. The Tennessee courts have frequently ruled in favor of plaintiffs in matters of procedure. In a 1982 case, for instance, the Sixth Circuit Court of Appeals reversed a lower court's jury verdict for the defendant on the grounds that the trial court judge had erred in several matters of procedure. One of the more important errors was the judge's instruction to the jury telling them by mistake that they could only find for the plaintiff if the defendant's products were the sole cause of the decedent's asbestosis. On the contrary, the appeal court stated, the defendant's actions didn't have to be the sole cause of the defendant's injury under Tennessee law. It was enough that the defendant's actions were a "substantial factor in causing them." (Murphree v. Raybestos-Manhattan, Inc)
Determination of Liability The Tennessee courts follow a system of modified comparative negligence - 50 percent in determining whether or not damages should be awarded. Under the system followed in the Tennessee courts, a plaintiff can only collect damages if their fault in causing the injury is found to be 49 percent or less. If the plaintiff is found partially at fault, but less than 50 percent at fault, any damages determined will be reduced in proportion to their share of the fault. In other words, if the jury decides that the plaintiff is 30 percent at fault in his or her own injury and the damages in the case amount to $100,000, the plaintiff may collect up to $70,000. In cases with more than one defendant, the Tennessee courts use a pure several liability system. Under that system, each defendant is only responsible for the share of the award that is proportionate to its share of the fault in causing the injury. A qualified lawyer will be able to provide guidance and assistance with the litigation process. Asbestos.com provides referrals to top attorneys nationwide. Click here for additional information.
Tennessee Asbestos Litigation Tennessee's court system has been dealing with an asbestos incident involving the U.S. Postal Service. In one of the state's main facilities, asbestos used in the floor tile placed many employees at risk. OSHA and the Postal Service are still looking for the best and safest solution to this problem, and in the meanwhile, employees are being kept safe through a number of preventative measures, including daily mopping.

There are many different grounds under which a mesothelioma lawsuit may be brought against a company or companies. FELA and the Jones Act, for instance, specifically allow railroad and maritime employees who were injured on the job, including those who were injured by occupational exposures like asbestos, to bring suit against their employers for compensation of damages. These account for many Tennessee asbestos suits, along with disputed Workers' Compensation clams. Examples of asbestos-related lawsuits in Tennessee are detailed below: 2006 - Hensley v. CSX Railroad: Thurston Hensley, age 67, sued CSX under the Federal Employees Liability Act (FELA) for damages he sustained as a direct result of being exposed to asbestos in the CSX railroad yards where he worked for 33 years as an electrician. Hensley received $5 million, upheld on appeal in April 2008. 2008 - Satterfield v. Breeding Insulation and ALCOA: In a case decided in February 2008, the Tennessee Supreme Court in Knoxville reinstated a second-hand asbestos case and returned it to the trial court for decision. Amanda Satterfield filed suit against the defendants alleging that her exposure to asbestos carried home on her father's clothing when she was an infant caused her mesothelioma. Satterfield's father worked for Breeding Insulation and used products made by ALCOA in his work with asbestos. The suit alleged that ALCOA had knowledge as early as the 1960s of workers' families becoming ill from secondhand exposure to asbestos in their products, but failed to warn Satterfield of that danger. Consequently, from the time his daughter Amanda was born prematurely and throughout her childhood, Satterfield returned home in dusty clothing and exposed his daughter to asbestos which eventually caused her mesothelioma. Amanda Satterfield filed suit in 2003. She died of mesothelioma in 2005 while the suit was still pending, and her father joined the suit as her representative. ALCOA argued that they had no legal duty of care to Amanda Satterfield, and thus there was no cause of action to bring suit against them. The Tennessee trial court agreed and dismissed the case. The Supreme Court of Tennessee disagreed with the judgment that ALCOA had no duty of care to the families of their employees and reversed the decision, returning it to the trial court. In its decision, the Supreme Court stated that "ALCOA should have understood that the risk of injury to someone like Ms. Satterfield was a reasonably foreseeable probability." The case cements the concept of secondhand household exposure to asbestos as a reasonably foreseeable probability for which the company can be held liable.

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Mesothelioma Lawyers Delaware

The Delware General Assembly hereby declares that it is in the interest of the public to control, reduce and prevent the exposure of the public to asbestos. It is the intent of the General Assembly to ensure the health, safety and welfare of the public by regulating the practice of asbestos abatement, particularly in locations where the general public can reasonably be expected to have access for the purpose of ensuring that such abatement is performed in such a manner as to minimize exposure to asbestos fibers and contamination."
Thus begins Chapter 78 of the Delaware Code of statutory law, a chapter that deals exclusively with regulations regarding the use, abatement and handling of asbestos within the state. Delaware is currently one of few states in the union that devotes an entire chapter to dealing with the remediation of the hazards caused by asbestos. With that in mind, it should come as no surprise that Delaware, often seen as pro-corporation in most matters, has a court history of being pro-victim in asbestos cases.

Environmental and Occupational Safety Regulations

As was noted, the state of Delaware codifies all asbestos-related occupational and environmental regulations under one chapter in the state statutory code, Chapter 78. The state Department of Environmental Quality works hand in hand with the EPA to monitor and enforce all asbestos-related guidelines. Violations of the state's regulations for asbestos containment and removal can open property owners and contractors to hefty fines, penalties and lawsuits.
In March 2008, the Delware Bankruptcy Court approved a $250 million settlement fine to be paid by W.R. Grace & Co. for past and future clean up expenses at the site of the Grace vermiculite mine in Libby, MT. The fine is the largest fine in the history of the Superfund.

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Mesothelioma Attorney Rhode Island

Rhode Island is ranked 39th in the nation for mesothelioma cases, despite a relatively high ranking in the nation for deaths resulting from the cancer. Until very recently, it was the only one of the 50 states that had not acknowledged or formally recognized a doctrine that is often used to bar lawsuits brought in jurisdictions other than the plaintiff's home jurisdiction.

In a 2005 decision, a Rhode Island Superior Court denied the petition of 39 defendants in various asbestos-related cases to dismiss the suits for reason of 'forum non conveniens.' The principle of forum non conveniens is used in 46 states to dismiss cases that have no significant connection to the jurisdiction in which they are filed. Until very recently, Rhode Island did not recognize forum non conveniens. The 39 defendants appealed the Superior Court's decision, and in an opinion published May 9, 2008 the Rhode Island Supreme Court stated "no litigation crisis exists" at present, that the court was not "mired in asbestos litigation," and that there had been no deluge of asbestos cases over the last two decades. To the contrary, the court found that the asbestos docket had been neither unmanageable nor unwieldy. The trial justice reasoned that it was of "paramount importance" that the parties have their cases heard as promptly as possible and that asbestos-related litigation defied containment by boundaries. (Scallion et al v. A.W. Chesterton)

Despite this, the Supreme Court reversed the finding of the lower court, with some very telling commentary. In part, the opinion written by Justice Suttell for the court reads, "Nevertheless, we must also be cognizant of the strains such litigation places on Rhode Island's judicial resources. Courts across the country have experienced a burgeoning of products-liability and negligence litigation, much of which, as the trial justice noted, transcends geographical boundaries. Our courts in Rhode Island must stand open to provide remedies to those who have been injured and to treat all litigants fairly. Our courts, however, need not resolve disputes of all persons who choose to file suit in Rhode Island."

As of May 9, 2008, the Rhode Island Supreme Court reversed more than 200 years of judicial history and for the first time formally acknowledged the doctrine of forum non conveniens, giving defendants a ready defense to request dismissal in the state's courts.

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Mesothelioma Attorney Utah

Mesothelioma And Asbestos Information & Lawyers In Utah

Anyone looking to claim compensation for asbestos related cancer in the Utah area will need to hire the services of an experienced and specialized Utah mesothelioma lawyer or attorney Asbestos related cancer, known as mesothelioma, can affect the heart, lungs, or abdominal region, and due to its long latency period, this form of cancer can take decades to develop. Once it is developed, it can reduce the lifespan of the victim to just a few months. There is currently no cure available for mesothelioma.

Many different industries in the Utah area used asbestos in a variety of applications in the past. This was a material that was cost effective, had a high level of heat and fire resistance, and was very versatile. Many people in the Utah area worked with asbestos and asbestos products in these various industries over the years, and some may have handled and exposed themselves to asbestos for many years and at very high levels.In the 1980s, it became widely known that asbestos was a very dangerous substance that could result in a wide range of health related problems, including scarring of the lungs and respiratory problems. It was also discovered that exposure to airborne asbestos dust and fibers over a long term or at very high levels could result in a form of cancer known as mesothelioma. For the many people who had already spent many years working with asbestos with no protection against this exposure, this news came too late.

Anyone who has developed mesothelioma as a result of asbestos exposure in Utah may be entitled to claim compensation and should seek the assistance of an experienced Utah mesothelioma lawyer or attorney. If you have lost a loved one to this cancer, you may also be able to file a claim, and you should speak to a specialized Utah mesothelioma lawyer or attorney. It is important to contact a Utah mesothelioma lawyer or attorney early on so that you don’t exceed the statutes of limitation in place in Utah.

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Mesothelioma Survivor Defies Odds

Recently there have been a number of articles written about Jon Matthews, the British man who was diagnosed with mesothelioma a little over two years ago. Mesothelioma is a type of cancer that is caused by exposure to asbestos. Apparently, Mr. Matthews had placed a bet with a bookie that he would live beyond 25 months. The bookie took the bet at 50 to 1 odds. When Mr. Matthews survived past this point, the bet paid off £5,000 on a £100 bet. First, we want to commend Mr. Matthews for proving his doctors wrong. But, why was 25 months chosen? Is this a magic number?

According to Andy Nicholson of William Hill Bookmakers the bookie had consulted with “various medical people” and based on those consultations it was decided that Mr. Matthews had a 50 to 1 chance to live past 25 months. Assuming that these were competent oncology professionals, it underscores the fact that mesothelioma doctors are often pessimistic about the survivability of this disease. While many people have heard about mesothelioma survivors Paul Kraus (12 years and counting), Ruth Phillips (10 years and counting), Rhio O’Connor (7 years and counting), there are others. In fact, some mesothelioma survivors have been written up in the medical literature with survival of more than 12, 15 and 17 years.

While the prognosis of this disease can be quite variable and depend on a number of factors such as stage, cell type, age of patient, general health, and therapies selected, 25 months is not a magic number. Some people can and do survive many years with this disease.

We wish Mr. Matthews many more years of good health and hope that his bookies continue to pay.

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