Asbestos Legal Journal - News & Updates on Asbestos and Mesothelioma Law

Today the structural engineers will sign off on the shelving in our new file room.  The asbestos division got kicked out of our file room because the personal injury needed more file space.  And that’s just as well, as the asbestos division was on track to outgrow our file room this summer.

So we put in these snazzy new shelves that something like quadruple our existing file space.  Sure, it’s not much fun to have to trek down a floor to the file room, but we’re pretty much a paperless office so trips to the file room only occur when we’re either adding new files or we can’t find an electronic document.  Without further ado, our new file room:

One of the more unfortunate aspects of my job as an asbestos lawyer is that I have to watch my clients die from lung cancer.  (Asbestos exposure causes lung and other types of cancer.)  So it disheartened me to find out that the government doesn’t adequately fund research into lung cancer compared to other types of cancer:

Yet while lung cancer remains largely a death sentence — just 15.9 percent of those diagnosed are alive five years later — the federal government funds far less research on the disease than on other common cancers. The discrepancy is starkest when death rates are taken into account. In 2011, the two federal agencies providing most of the research money funded breast cancer research at a rate of $21,641 per death while spending $1,489 per lung cancer death.

Source: Stigma of ‘Smokers’ Disease’ Stifles Fight Against No. 1 Killer, Lung Cancer | FairWarning

The article explains that one of the reasons funds don’t flow as freely for lung cancer research is that many folks view lung cancer as a self-inflicted disease.  The article explains many other things, too.  If you’re interested at all in lung cancer, you should read this article.  Better still, send a copy of it to your elected officials and pressure them to push for more lung cancer funding.  (OK, probably a waste of time with the sequester looming, but it’s a nice thought.)

Wondering about when doctors first recognized how hazardous asbestos is?  There's no better place to get that answered than the asbestos timeline here at the Asbestos Legal Journal.  We're chronicling the hundreds of scientific articles related to asbestos, mesothelioma, and other diseases that asbestos can cause.  Today we're proud to add eight new additions to the timeline:

1951 – The Archives of Internal Medicine publishes “Asbestosis Associated with Bronchogenic Carcinoma,” an article that posits asbestos is a carcinogenic substance. Stoll, R., et al. (1951) “Asbestosis Associated with Bronchogenic Carcinoma” The Archives of Internal Medicine. Vol. 88; p. 831-832

1951 – The book A Text Book of X-Ray Diagnosis discusses asbestosis and notes that if an individual with asbestosis has a large opacity on his or her X-Ray, “carcinoma should be thought of at once.” Shanks. S.C. A Text Book of X-Ray Diagnosis. 2^nd ed., Vol. 2. © 1951 W.B. Saunders Company. Philadelphia and London. Pp. 416

1951 – The Lancet publishes “Pneumoconiosis,” and reports that the rate of individuals with asbestosis who develop lung cancer was 14%, compared to anywhere from 2% to 6% among those who do not have asbestosis. Gloyne, S.R. (1951) “Pneumoconiosis” The Lancet. April 14 1951. p. 812

1952 – The Encyclopedia Britannica lists “asbestos dust” as a known cause of “cancers of the respiratory tract” in the entry on cancer. “Cancer” Encyclopedia Britannica Volume 4: Brain to Casting. © 1952 Encyclopedia Britannica, Inc. 731

1952 – Archives of Industrial Hygiene and Occupational Medicine publishes an article relating to widespread industrial cancer in England and the rest of Europe. An entire section is devoted to cancer among asbestos workers. Smith, W.E. (1952) “Survey of some current British and European studies of occupational tumor problems” American Medical Academy. Archives of Industrial Hygiene and Occupational Medicine. Vol. 5; p. 250.

1953 – The American Journal of Medicine publishes “Asbestosis and Bronchogenic Carcinoma,” an article discussing the relationship between cancer and asbestosis. The article finds that the rate of cancer amongst those with asbestosis is between 7 and 14 times higher than those without asbestosis. The article concludes that “the association of bronchiogenic carcinoma with asbestosis is more than coincidence.” Isselbacher, K.J., et al. (1953) “Asbestosis and Bronchogenic Carcinoma” American Journal of Medicine November, 1953; p. 721

1954 – The chief physician at the German Pathology Institute of the District Hospital of Ludwigsburg states that “it may be considered proven that the dust of asbestos can trigger autonomous tumor growth.” The doctor discusses the high rates of lung cancer among asbestos workers, but also posits that asbestos dust can cause stomach cancer. (Which it can – Ed.) Leicher, F. (1954) “Primary Epithelial Tumor of the Peritoneum in Asbestosis” Arch. Gewerbepath. Gewerbelhyg. Vol. 13; p. 382

1955 – Epidemiologist Richard Doll publishes a review of autopsies of asbestos workers and finds a striking correlation between asbestos work and lung cancer. He concludes that “lung cancer was a specific industrial hazard of certain asbestos workers.” Doll, R. (1955) “Mortality from Lung Cancer Among Asbestos Workers” British Journal of Industrial Medicine Vol. 12, p. 81

Five new articles added to the asbestos timeline today. 

1937 - The American Association of Railroads notes that asbestos is one of the “principal toxic dusts” that workers will be exposed to.  Proceedings of Medical and Surgical Section. Association of American Railroads. 17th Annual Meeting. 1937; p. 20

1947 – The New England Journal of Medicine publishes the case of a 37-year old asbestos worker who died of mesothelioma.  This is early evidence of the link between asbestos and mesothelioma.  Mallory, T.B., et al. (1947) “Case 33111” New England Journal of Medicine 236; p. 407

1947 – A Scandanavian medical journal describes 126 instances of asbestosis in asbestos workers.  The article notes that in advanced cases, an individual may have as many as 1.3 million fibers of asbestos per cubic centimeter.  Wegelius, C. (1947) “Changes in the Lungs in 126 Cases of Asbestosis Observed in Finland” Acta Radiologica Vol. 28; p. 141

1948 – The British Journal of Cancer describes the case of a 37-year old asbestos worker who died of lung cancer.  The article notes that the incidence of lung cancer among asbestos workers was between 11.6 and 16%, compared to between 2 and 6% among the general populace.  Cureton, R.J.B. (1948) “Squamous Cell Carcinoma Occurring in Asbestosis of the Lung” British Journal of Cancer. Vol. 11, No. 3; p. 250

1948 – The medical journal CHEST publishes a review of the autopsies of 40 asbestos workers who had developed asbestosis.  The article notes that as little as 28 months of exposure to asbestos can cause the disease.  It also notes that lung cancer occurred among this population at a rate of over seven times what would be expected.  Lynch, K.M. & Cannon, W.M. (1948) “Asbestosis: IV. Analysis of Forty Necropsied Cases” CHEST1948 14(6):874

A lot of folks wonder how long it takes to settle mesothelioma cases. Mesothelioma lawsuits often go a little quicker than regular lawsuits because of the rapidly-progressive nature of the disease. Courts and bankruptcy trusts work to process those cases quickly.

There are strategic reasons for not trying to get a mesothelioma settlement as quickly as possible. (E-mail me and I’ll tell you why if you’re curious.) But yesterday a gentleman with mesothelioma hired me to represent him, and he is in need of money to help pay for medical treatments.

This morning I received the pathology report that confirms that he does in fact have mesothelioma. I had my staff drop everything, and late this afternoon we settled his first asbestos claim. By the end of next week, he will have $20,000 dollars in his pocket after fees and expenses.

Now, that $20,000 is the first of what will be many settlements this gentleman will receive. Some will be lower that $20,000, while others will be substantially higher. So please don’t think that a person with mesothelioma will receive only $20,000 dollars. Some individuals with mesothelioma receive over $1 million dollars.

We have an excellent relationship with the company we received this gentleman’s settlement from. We will not always be able to receive a settlement in a week from this company, but we will usually have it within 30 days after being hired.

Again, it sometimes does not make sense to try and get a mesothelioma settlement immediately, but it made sense in this case and the gentleman needed money. The very, very worst part of my job is knowing that I can’t magically make the man well. At least I do get to take financial stress off of the man’s shoulders, though. And that makes me very, very proud.