Law and Justice

Posts Tagged ‘Mesothelioma’

I am Dr. George christen; oncologist who has been treating patients especially who has been affected severely by asbestos cancer. This cancer is known as mesothelioma. This is the chronic condition and rare malignancy where the effect of is seen in four primary sites of the body organs; they include pericardium, pleura, peritoneum and even testis. Most of the patients suffer with signs and symptoms; i.e. difficulty in breathing, weight loss, and coughing of blood is common. Sometimes they may also affect with restriction of lung functioning this may lead to chest tightness. As it is a complicated medical issue they can be easily handled by the mesothelioma lawyers firm. The medical reports of the affected patient (employee) are to be provided to in the court. A good mesothelioma lawyer will know how to file a case against the company to get that compensation. After claiming a complete justice to the employee will be worked out. The factors like age, exact area of the exposure, and time period of the asbestos exposure. Depending upon the effect and family conditions the compensation is calculated and given to the patient and his/her family members. Nothing to worry, mesothelioma attorneys will guide you.

With mesothelioma lawsuits, as with all areas of law, persistence is key – on both sides. Case in point: Travelers Insurance Company, the primary insurer for Johns-Manville Corporation from 1947 – 1976.    

Once the largest miner and manufacturer of asbestos and asbestos products, Johns Manville Corp. filed for bankruptcy in the 1980s, after the dangers of asbestos were exposed to the public. In the process, a trust fund was created for future victims of its asbestos products and Travelers Insurance contributed $80 million at that time. Later, in 2003 and 2004 through pressure in the courts, Travelers agreed to $500 million in settlements with several groups of plaintiffs, with the stipulation that future asbestos lawsuits would be barred. The settlement was approved in 2006.  

But last year, this settlement was overturned by a U.S. Court of Appeals on the ground that the judge who approved the settlement lacked authority to bar new lawsuits. In June of 2009, the U.S.  Supreme Court reversed this decision in a 7 – 2 vote, bringing the status of the case back to the 2006 settlement. Writing for the majority, Justice David Souter said the judge’s orders barred state civil actions against Travelers based on allegations of its own wrongdoing while acting as Johns-Manville’s insurer, due to the finality of the 1986 orders that established the bankruptcy trust fund.

In this series of lawsuits persistence was key for both the plaintiffs and the defendants. The mesothelioma settlement for several groups of plaintiffs went from $80 to $500 million – a substantial victory! At the same time the persistence from the defendants led to the barring of future litigation. Agreeing to half a billion dollars in a settlement to secure no future lawsuits was considered “worth it.”

As with any area of law, precedence is key and the precedent set by this series of litigations gives hope to victims filing their own mesothelioma lawsuit. However, it also demonstrates that once a person is diagnosed with mesothelioma, legal action must be taken quickly, since sometimes, as in this case, the court grants that further suits against the same company will be barred.  

Until a case is settled by the supreme court, it can be overturned in a court of appeals, just as this case was. Your own mesothelioma settlement will take persistence from you and an experienced attorney.