Asbestos Law - Asbestosis and Mesothelioma - cause, symptoms and law

Asbestosis

Asbestosis is a chronic and progressively debilitating condition of the lungs that is caused by tiny fibers of asbestos. It is usually diagnosed by X-Rays and CAT scans that show characteristic abnormal fibrotic scar tissue and calcified plaques in the lungs.

When asbestos fibers are inhaled, they can lodge themselves in the air sacks (alveoli) of the lungs. The fibers irritate the lining of the alveoli and cause an immune reaction moderated by cells called macrophages. The macrophages in turn secrete a chemical to dissolve the asbestos. Unfortunately, the fibers don’t dissolve and the inflammation leads to scaring and calcified plaque formation.

Eventually, the elastic tissue of the lungs which allow them to expand and take in air may be replaced by the relatively stiff scar tissue. This is called fibrosis of the lungs. The result is emphysema type symptoms including shortness of breath (dyspnea), coughing and pain in the chest. This condition can develop into COPD (chronic obstructive pulmonary disease) in which affected people have a hard time breathing and functioning. It often leads to potentially fatal conditions such as pneumonia, heart disease, lung cancer and mesothelioma. It usually takes ten to forty years for the symptoms to appear.

The disease is incurable and typically gets worse with time. The symptoms can be somewhat alleviated by inhalers and oxygen. It is estimated that 10,000 people per year die of asbestosis caused diseases in the United States.

Asbestos is a great insulating material. It is durable, resistant to chemicals, flexible and fire resistant. It is mined from the earth. The probability of getting asbestosis is directly proportional to the amount of, and duration of, exposure to asbestos fibers.

Typically, it is associated with occupations where small asbestos fibers were liberated or sprayed in the air. These occupations include insulation workers who sprayed asbestos based material on ships, boilers, ducts, buildings and pipes, and miners and millers of asbestos.

However, asbestos based materials have been used in many different products. This includes insulation, shingles, siding, acoustic tiles, decorative tiles, spray on sound proofing materials, decorative fireplace ashes and logs, patching and joint compounds, certain kinds of textured paints and cement paper, millboard and sheet.

If these materials crumble or deteriorate they can release asbestos fibers into the air. People who install, apply, repair or replace these materials are at risk.

Asbestos is also used in automotive brake pads and linings and clutch facings. They can release asbestos fibers as they wear. Therefore, people who drive a lot such as truck drivers and railroad engineers are at risk.  Even people who live near asbestos mining and processing facilities are at risk.

It is estimated that in the U.S. approximately 35 million homes are contaminated with asbestos. It is thought that more than 100,000 tons of asbestos was released into the air when the World Trade Center was destroyed.

Many persons affected with asbestosis have sought compensation in the courts. The courts have held that entities all along the asbestos supply chain should have known or did know of the danger to health of asbestos and therefore were responsible for the sickness it caused.  The afflicted persons with asbestosis and their survivors have been granted financial relief by the courts. In the great majority of cases, the defendants (responsible parties) settle out of court. Asbestos related lawsuits have probably involved more than 600,000 plaintiffs and 6,000 defendants. There are several thousand new claims filed each year. There are many lawyers and law firms that specialize in asbestos litigation. A whole body of law has evolved to help guide the courts, attorneys and litigants.

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Asbestos Law Information
Mesothelioma Law Information
  • Home
  • Asbestosis
  • Mesothelioma
  • Asbestos Law Trends
    • Foreward
    • Acknowledgments
    • Executive Summary
    • Introduction
      • Methodology
    • Unique Characteristics of Asbestos Litigation
      • Latency Period
      • Pervasive, Insidious Use
      • Clear Liability (General Causation)
      • Unclear Causation-in-Fact
      • Numbers of Defendants and Cross-claims
      • Numbers and Concentration of Cases
    • Complexity and Simplification
      • Overview
      • Organization of Counsel
      • Pretrial
      • Settlement
      • Trial
    • Assignment Systems: Should Asbestos cases be treated separately?
      • Specialization
      • Selection
      • Credit
      • Development of Case Management Orders
      • Dispersion of Cases
      • Effects of Special Treatment
    • Standard Pretrial Procedures: Paperwork and Diposition Management
      • Paperwork Management
      • Disposition Management
    • Settlement
      • Disposition Management Revisited
      • Early Settlement Based on Computer Data: A Case Study
      • Early Settlement through Fines
      • Judicial Settlement Roles
      • Alternative Dispute Resolution
      • Settlement Formulas
      • Allocations to Plaintiffs
      • Conclusion
    • Alternative Trial Structures
      • Overview
      • Alternative Structures
      • Conclusion
      • Clustering: How and How Many
    • Special Burdens on Court Personnel
      • Clerks’ Office Burdens
      • Delegated Burdens: Magistrates and Law Clerks
    • Filing Trends and Case Dispositions
    • The Future: New Waves of Toxic Torts?
      • Management by Mass Tort Characteristics
    • Summary and Conclusions
    • Appendix
    • Table of Cases
  • Asbestos Case Management
    • Asbestos Cases as Routine Products Liability Cases
      • Number of Parties
      • Number of Issues
      • Settlement Complications
    • Statistics and Allocation of Resources
      • Summary
    • Standardized Pretrial Procedures
      • Consolidation and Assignment
      • Appointment of Liaison and Lead Counsel
      • Scheduling
      • Standardized Sanctions: Discovery
      • Standardized Sanctions: Rule 11
      • Standardization of Pleadings and Discovery
      • Standardized Motions and Rulings
      • Coordination with State Courts
      • Coordination Among Federal Courts
    • Firm and Credible Trial Dates
      • Firmness of Trial Date
      • Credibility of Trial Date
      • Timing of Trial Date or Settlement Efforts
      • Judicial Involvement in Settlement
      • Clustering of Cases
      • Ruling on Motions
      • Ruling on Motions
      • Alternative Dispute-Resolution Mechanisms
    • Standardized Trial Procedures
      • Clustering and Consolidation
      • Lead Counsel
      • Motions In Limine
      • Voir Dire
      • Jury Instructions
      • Offensive Collateral Estoppel and Judicial Notice
      • Limiting Expert Testimony
      • Deposition Summaries
      • Opening and Closing Arguments
    • Calendaring Systems
      • Increases in Personnel
      • Systems of Calendaring
  • Mesothelioma Information
    • Mesothelioma Epidemiology and risk factors
    • Mesothelioma Pathogenesis
    • Mesothelioma Pathology
    • Mesothelioma Clinical
    • Mesothelioma Diagnosis
    • Mesothelioma Staging
    • Mesothelioma Prognosis
    • Mesothelioma Therapy

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Menu
  • Home
  • Asbestosis
  • Mesothelioma
  • Asbestos Law Trends
    • Foreward
    • Acknowledgments
    • Executive Summary
    • Introduction
      • Methodology
    • Unique Characteristics of Asbestos Litigation
      • Latency Period
      • Pervasive, Insidious Use
      • Clear Liability (General Causation)
      • Unclear Causation-in-Fact
      • Numbers of Defendants and Cross-claims
      • Numbers and Concentration of Cases
    • Complexity and Simplification
      • Overview
      • Organization of Counsel
      • Pretrial
      • Settlement
      • Trial
    • Assignment Systems: Should Asbestos cases be treated separately?
      • Specialization
      • Selection
      • Credit
      • Development of Case Management Orders
      • Dispersion of Cases
      • Effects of Special Treatment
    • Standard Pretrial Procedures: Paperwork and Diposition Management
      • Paperwork Management
      • Disposition Management
    • Settlement
      • Disposition Management Revisited
      • Early Settlement Based on Computer Data: A Case Study
      • Early Settlement through Fines
      • Judicial Settlement Roles
      • Alternative Dispute Resolution
      • Settlement Formulas
      • Allocations to Plaintiffs
      • Conclusion
    • Alternative Trial Structures
      • Overview
      • Alternative Structures
      • Conclusion
      • Clustering: How and How Many
    • Special Burdens on Court Personnel
      • Clerks’ Office Burdens
      • Delegated Burdens: Magistrates and Law Clerks
    • Filing Trends and Case Dispositions
    • The Future: New Waves of Toxic Torts?
      • Management by Mass Tort Characteristics
    • Summary and Conclusions
    • Appendix
    • Table of Cases
  • Asbestos Case Management
    • Asbestos Cases as Routine Products Liability Cases
      • Number of Parties
      • Number of Issues
      • Settlement Complications
    • Statistics and Allocation of Resources
      • Summary
    • Standardized Pretrial Procedures
      • Consolidation and Assignment
      • Appointment of Liaison and Lead Counsel
      • Scheduling
      • Standardized Sanctions: Discovery
      • Standardized Sanctions: Rule 11
      • Standardization of Pleadings and Discovery
      • Standardized Motions and Rulings
      • Coordination with State Courts
      • Coordination Among Federal Courts
    • Firm and Credible Trial Dates
      • Firmness of Trial Date
      • Credibility of Trial Date
      • Timing of Trial Date or Settlement Efforts
      • Judicial Involvement in Settlement
      • Clustering of Cases
      • Ruling on Motions
      • Ruling on Motions
      • Alternative Dispute-Resolution Mechanisms
    • Standardized Trial Procedures
      • Clustering and Consolidation
      • Lead Counsel
      • Motions In Limine
      • Voir Dire
      • Jury Instructions
      • Offensive Collateral Estoppel and Judicial Notice
      • Limiting Expert Testimony
      • Deposition Summaries
      • Opening and Closing Arguments
    • Calendaring Systems
      • Increases in Personnel
      • Systems of Calendaring
  • Mesothelioma Information
    • Mesothelioma Epidemiology and risk factors
    • Mesothelioma Pathogenesis
    • Mesothelioma Pathology
    • Mesothelioma Clinical
    • Mesothelioma Diagnosis
    • Mesothelioma Staging
    • Mesothelioma Prognosis
    • Mesothelioma Therapy