Mesothelioma and Asbestosis - Asbestos Law and Litigation
By Aaron Larson
Law Offices of Aaron Larson
September, 2003
Contents
When I was in college, I managed a bakery which had an industrial oven the size of a small bedroom, which was several decades old, lit by two standard light bulbs. Due to the oven's intense, constant temperature, it was necessary to insulate the light fixtures from the oven, or the bulbs would burn out within days. The original insulating gaskets were still in use. When one finally broke, I discovered that it was made of asbestos, and that there was no replacement material which provided similar protection from the oven's heat.
This is the miracle of asbestos - it is a remarkable insulator, which in many ways remains unmatched despite the advances of technology. The remarkable nature of asbestos, and the many uses to which it can be put, resulted in its wide use in many industrial settings. With huge profits at stake, asbestos producers minimized and concealed the dangers of exposure to asbestos particles.
When asbestos was at its peak level of use, many workers would often leave their shipyards, steel and power plants, construction jobs or other work sites covered with asbestos powder, resulting in possible contamination of their homes and the exposure of their families to asbestos particles. Starting in the late 1970's, asbestos use was curtailed, and massive clean-up efforts began. By the time all of the facts were known legions of workers were already destined to develop asbestos-related disease, including asbestosis and mesothelioma, as well as lung cancer and other cancers.
What Is Asbestosis?
Asbestosis is a chronic, progressive lung disease caused by inhalation of asbestos particles over a prolonged period of time.
What Is Mesothelioma?
Mesothelioma is a tumor of mesothelial tissue. Mesothelial tissue includes the pleura which envelopes the lungs and lines the chest cavity, the peritoneum which lines the abdomen, and the pericardium which surrounds the heart. Mesothelioma is usually malignant in nature. It is exceptionally rare except in cases of asbestos exposure - between 70% and 80% of persons diagnosed with mesothelioma can trace the condition to asbestos exposure. Approximately 75% of mesotheliomas begin in the chest cavity ("plerual mesothelioma"), with about 15% beginning in the abdomen ("peritoneal mesothelioma"). It is very unsual for a mesothelioma to begin in the pericardium.
Types of mesothelioma include:
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Epithelioid Mesothelioma - This is the most survivable form, affecting the epithelioid cells. About 50 to 70 percent are of the epithelioid type.
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Sarcomatoid Mesothelioma - This form affects the sarcomatoid cells, and is less survivable.
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Mixed / Biphasic Mesothelioma - This form affects both the epithelioid and sarcomatoid cells, with the same prognosis as for sarcomatoid mesothelioma.
Initial symptoms of mesothelioma include chest pain, cough, and may include difficulty breathing associated with "pleural effusion", a build-up of fluid between the pleura and the chest cavity. Due to the nonspecific nature of the symptoms, there may be a delay in diagnosis, often in the range of three to six months. Even with advancements in treatment, mesothelioma is usually fatal within six to eighteen months from the date of diagnosis, and less than ten percent of patients surviving five years or more. It is thus important for people who have been exposed to asbestos to be vigilant about the possibility of developing mesothelioma, and to seek the most effective treatment options available. With early diagnosis and effective treatment a typical patient may survive for two or three years, with some living as long as five to ten years.
Asbestos Litigation
Asbestos litigation is premised upon the liability of manufacturers of abestos and asbestos products, for the harm caused by exposure to those products. It was once thought that asbestos litigation had peaked, but due to the fact that thirty or more years can pass before asbestos disease manifests itself, large numbers of new cases are filed each year. Many companies have been forced into bankruptcy since the litigation of these cases began.
A lawyer who handles mesothelioma cases will typically be able to resolve the case within a year. Many of the firms which take these cases do so on a national level, and can often select the best state in which to file a lawsuit for a client who was exposed to asbestos at more than one location, commencing litigation in association with a local attorney.
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