Now, as reported by the Legal Intelligencer, after nearly a quarter of a century of trying asbestos lawsuits with reverse bifurcation, the Philadelphia Common Pleas Court’s mass torts program for asbestos began “straight-through trials” of asbestos cases in which it is uncontested that plaintiffs have mesothelioma because of asbestos exposure.

“Straight through trial” basically means that the plaintiffs do not first have to prove to the court – with documents and records and other evidence – that asbestos exposure caused their mesothelioma. Instead, the court takes for granted that it did, in which case most lawsuits settle out of court. So far though, even those that have gone through to trial have ended favorably for plaintiffs. One such mesothelioma patient and his family won $4.5 million in a recent trial verdict.

It’s good news for mesothelioma victims and not so good news for some defendants who make or have made asbestos-containing products. Examples of companies that had ready defenses to disprove asbestos exposure from their products as the cause of mesothelioma in a plaintiff include break pad manufacturers and insulation companies. These defendants would use reverse bifurcation to fight off taking responsibility for the victim’s illness. Hopefully, more states will follow PA’s lead on this.

If you or a loved one has suffered from asbestos exposure and later developed mesothelioma, call an asbestos attorney at Sokolove Law today for a free consultation.

Asbestos

The study, which was recently published online in Nature Genetics, found evidence that people with BAP1 gene mutations may have an increased chance of developing multiple cancer types such as mesothelioma, breast, ovarian, pancreatic and renal cancers. The study highlighted two U.S. families with members who have the BAP1 gene mutation. Both families also have “a high incidence of mesothelioma.”

Dr. Joseph R. Testa, another study co-leader and the Carol and Kenneth E. Weg chairman in Human Genetics at Fox Chase Cancer Center, said the study was the first to “demonstrate that individual genetic makeup can greatly influence susceptibility to mesothelioma.”

While only a first step, the discoveries noted in this study could one day lead to fundamental progress in mesothelioma care. Thanks to Drs. Carbone and Testa and their crew for the hard work. We hope this is just the beginning of bigger breakthroughs to come.

Living with the day-to-day hardships of mesothelioma – whether it is you or a loved one who has been diagnosed with the illness – is both emotionally and financially taxing. If you feel that a company or former employer may be responsible for the asbestos exposure that led to an illness, contact a mesothelioma attorney to learn about filing amesothelioma lawsuit.

Mesothelioma

All of these errors can potentially result in a birth injury occurring that may remain with the newborn child for their entire lives.

According to a study released this month by CRIGO Strategies that analyzed more than 800 OB medical liability cases filed between 2005 and 2009, the three most common allegations in the lawsuits were as follows: Delayed treatment of fetal distress, improper execution of vaginal delivery, and improper management of pregnancy.

“Obstetrics has some unique vulnerabilities, most often involving situations in which a sequence of errors or oversights cascade into a crisis that can put mother and baby in jeopardy,” said Robert Hanscom, CRIGO’s senior vice president.

Obstetrician errors can result in a number of birth injuries that can affect the mother and/or the child being born. Among the more serious birth injuries a newborn can suffer from is cerebral palsy, which can affect a newborn for the rest of his or her life and often relegate them to a wheelchair and constant medical care.

If you or your child was born with a birth injury that can be attributed to medical error, such as cerebral palsy, there may be legal options available to you. Contact a birth injury attorney at Sokolove Law today to learn about your options regarding a lawsuit against the doctors who caused your injury.

Birth Injury

Perhaps most troubling is the fact that despite these known health risks, asbestos is still not banned in the United States and is manufactured and used every day.

But you can help change this. There are a number of easy ways for you to join the fight to ban asbestos and beat mesothelioma forever, and it all begins with one simple goal: raising awareness.

Each year, the Mesothelioma Applied Research Foundation (MARF) recognizes September 26 as National Mesothelioma Awareness Day in order to educate the public about the dangers of asbestos exposure and raise much-needed financial support for research towards improved treatments of the disease. The first Mesothelioma Awareness Day was started in 2004 by a group of volunteers and every year since has been larger and more widespread.

Want to participate, but don’t know where to start? Here are some ideas:

• Write a letter to Congress urging them to ban asbestos. We have a pre-written letter on our homepage you can sign and send digitally in minutes. (Yes, your representatives really receive them and sometimes they’ll even write you back!)
• Spread the word! You can click the Facebook and Twitter buttons on the top or bottom of this page to easily share the news about Mesothelioma Awareness Day with your friends.
• Join MARF’s social media campaign. They have ready-to-use facts and updates for you to share online.
• Plan or attend a fundraising event. You can check MARF’s event calendar to see if there’s anything planned in your area, and if there isn’t, they have otherideas how you can become involved – both on 9/26, as well as throughout the year.
• Make a donation to a non-profit organization like MARF or the Asbestos Disease Organization (ADAO).
• Check out the Mesothelioma Resource Center’s list of ways to raisemesothelioma awareness, which include contacting local news outlets, meeting local government leaders, fundraising and more.

Whether it’s the click of a mouse or a dollar in a donation jar, you CAN make a difference on National Mesothelioma Awareness Day. By raising awareness, we can save lives through safety education and prevention, as well as gaining support for the movements to ban asbestos and secure additional funding for improved treatments.

So take action and spread the word! Together, we can ban asbestos and beat asbestos-related diseases like mesothelioma.

Mesothelioma

In this post — the first in a series of Mesothelioma Awareness Day posts designed to help raise awareness – we present our top ten asbestos-containing products to be aware of:

Baby powder? Baby powder!

Baby powder and other adult cosmetic powders and talcum powders often contain talc. The International Agency for Research on Cancer (IARC) classifies talc that contains asbestos as “carcinogenic to humans” and talc not containing asbestos as “not classifiable as to carcinogenicity in humans.

2. Cigarette Filters

As if smoking cigarettes wasn’t already bad enough, asbestos has been known to be present in the filters.

3. Hair Dryers

Check with the manufacturer of your specific model, as some hair dryers have asbestos-based insulators.

4. Mittens

Are your hands really that cold? Some fire or heat-proof mittens have linings that contain asbestos.

5. Yarn

Typically, you don’t have to worry about the yarn you’re using to knit a scarf, unless it’s known to contain heat-proof threads, which contain asbestos.

6. Popcorn Poppers

As with hair dryers, most small electronics and appliances manufacturers have discontinued the use of asbestos. If yours is an older model or if you have concerns, contact the manufacturer.

7. Brake Pads

Many automotive parts are still manufactured with asbestos today, especially brake pads, to help prevent overheating.

8. Cork Board

If you have an old cork board and you can’t verify its safety with a manufacturer, think twice before tacking up your next picture or note.

9. Duct Tape

Many electrical tapes contain asbestos to help prevent melting or catching fire.

10. Rope

Although many ropes are asbestos-free, some that are heat or fire resistant do contain asbestos.

When asbestos fibers are inhalable, they are breathed into the lungs where the microscopic fibers embed into the tissue and accumulate. The inhalation of asbestos fibers is the leading cause of mesothelioma.

Speak to an Asbestos Attorney Today

For those who have been diagnosed with mesothelioma cancer that can be linked to asbestos exposure caused by a product or former employer, you may be entitled to financial compensation. Contact an experienced mesothelioma attorney to learn more about your rights, and to see if pursuing a mesothelioma settlement is in your best interest.

Asbestos

Thirty-seven percent of women notice a deterioration in symptoms prior to menstruation.¹⁵ Furthermore, progestogens have been associated with an increase in irritative bladder symptoms¹⁶¹⁷ and urinary incontinence in those women taking combined hormone replacement therapy.¹⁸ The incidence of DO in the luteal phase of the menstrual cycle may be associated with raised plasma progesterone following ovulation – progesterone has been shown to antagonize the inhibitory effect of oestradiol on rat detrusor contractions.¹⁹ This may help to explain the increased prevalence of DO found in pregnancy.

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Intervention may be preventive. Elective caesarean section may prevent neuromuscular damage⁹ but may not prevent postnatal UI.⁴ Rather, antenatal pelvic-floor-muscle training is effective in reducing the incidence of post­partum UI.⁸Postpartum pelvic-floor-muscle training is effective in reducing the incidence of UI at one year. Follow-up of a cohort of women who delivered in 1994 showed that 31.8% of those dry pre­pregnancy are now incontinent.²¹ Women with increased bladder-neck mobility have an increased incidence of stress incontinence at 14 weeks postpartum, even if there is no pre­existing symptomatology.¹⁴ However, onset of UI prior to the initial pregnancy is the best predictor of incontinence 5-7 years later.²¹ Caesarean section remains protective, but less so than at three months postpartum, with a relatively greater effect with increasing parity. The effect is particularly pronounced if the caesarean section is undertaken prelabour.

Information from other sources on Vaginal Lawsuit

‘Routine’ episiotomy was introduced in the UK in the 18th Century and has been advocated to prevent severe perineal tears and preserve sexual function. Review of five randomized controlled trials of the use of routine and selective episiotomy reveals that sexual function is poorer in the routine group, with no difference in the prevalence of UI and no difference in pelvic-floor-muscle strength.²⁴ Ventouse delivery is less traumatic than forceps, but its use has not been shown to be associated with a reduced incidence of UI or neuromuscular damage.

Symptoms of urogenital atrophy are a manifestation of oestrogen withdrawal following the menopause, and may appear many years after the last menstrual period.¹ Oestrogen deficiency following the menopause is known to cause atrophic changes within the urogenital tract²and is associated with urinary symptoms. The role of oestrogen replacement in the treatment of these symptoms of urogenital atrophy has still not been clearly defined despite several randomized trials and widespread clinical use. This chapter presents an overview of the pathogenesis and management of urogenital symptoms and the role of oestrogen replacement therapy.

In addition to oestrogen receptors, both androgen and progesterone receptors are expressed in the lower urinary tract, although their role is Less clear. Progesterone receptors are expressed inconsistently, having been reported in the bladder, trigone and vagina. Their presence may be dependent on oestrogen status. In addition, whilst androgen receptors are present in both the bladder and urethra, their role has not yet been defined.

Our use of the term or terms Vaginal Lawsuit is for descriptive purposes only. There is no relationship between the owners of this website and the maker of the product discussed in this post. Our use of the words Recall, Class Action Lawsuit and other similar words related to an event do not necessarily mean that this event has occurred. Refer to the website of the United States Food and Drug Administration for information on drug or medical device recalls. If a Class Action Lawsuit is formed in relation to the product discussed in this post we will provide that information at the time the Class Action is formed. A Class Action Lawsuit is not required to exist for you to file a lawsuit if you have been injured by the product discussed in this post.

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Vaginal Lawsuit

The government’s decision has served as a vivid reminder to Canadians of the mining practices in the Ontario town of Sarnia that caused so many of its citizens to contract mesothelioma – a rarecancer of the tissues lining the lungs, chest, and abdominal cavity – it’s since been nicknamed the  mesothelioma capital of Canada.

Occupational physician Dr. Deborah Hillier pointed out that Canada exports asbestos mined in Quebec to “Third World countries where it is not used appropriately.” Workers in these countries are therefore at risk for asbestosis, mesothelioma, lung cancer, and other asbestos-related diseases. These countries are also manufacturing products with the carcinogen that are being sent back into Canada, expanding the exposure.

Chrysotile asbestos makes up more than 90 percent of all asbestos mined globally. The battle between the doctors and the Canadian government isn’t new — the mining and export of chrysotile asbestos has caused controversy among health professionals and the regulatory bodies within governments of countries that mine it for many years. The battle centers on the profitability of mining and exporting asbestos to the countries versus the alarming health risks the substance has been proven to cause.

Living with the day-to-day hardships of mesothelioma – whether it is you or a loved one who has been diagnosed with the illness – is both emotionally and financially taxing for all who are involved. If you feel that a company or former employer may be responsible for theasbestos exposure that led to an illness, contact a mesothelioma attorney to learn about filing a mesothelioma lawsuit.

Asbestos

Concern about asbestos at the site arose when a backhoe company began excavating the grounds in preparation to remove an old missile silo. Local residents in the area called in complaints to authorities that contaminants were being spread by the excavation. Subsequent soil tests and tests to the debris at the landfill showed the presence of asbestos. No charges were filed because the asbestos had not yet gone airborne, but rather was contained to the landfill site.

Upon learning of the presence of asbestos among other environmental contaminants, the excavating was ceased and the area was covered, pending professional asbestos abatement services.

Cory Stark, director of Elbert County Emergency Management determined that the backhoe company, Backhoe Services, was operating without having tested the soil first and without a formal contract with the city. As reported by the Denver Post, Backhoe Services could not be reached for comment.

Stark asserts that there has been no danger to local residents so far as the toxins have been contained. Still, local residents have remained cautious and concerned. They are now taking their trash and debris to an alternate dump site.

Asbestos diseases such as lung cancer, asbestosis, and mesotheliomaare the unfortunate result of asbestos exposure. If you have been diagnosed with an asbestos-related disease, contact a mesothelioma lawyer at Sokolove Law today for a free consultation.

Asbestos

Here’s a crime that makes identity theft look gentle in comparison. Most of DeLeon’s customers were illegal immigrants who, rather than obtain fake documents from underground agencies specializing in identity theft, chose to bypass that step and go straight to a skilled trade.

Forget fake drivers licenses, how about fake asbestos abatement certifications? The place to buy those in Massachusetts, which thrived for six long years, closed up shop in 2007 when its owner, Albania DeLeon, was exposed and arrested. She had been selling certificates to people and placing them in jobs where they were supposed to be trained to perform asbestos abatement services, except they weren’t. The workers didn’t have to undergo training at DeLeon’s school, they just had to pay an extra $50 to bypass the federally-mandated 32-hour program and get the certificate.

The closing of the long-lived fraudulent Massachusetts school for asbestos removal training and certification was a high profile story back in 2007 when it happened. It was an even bigger story in 2008 when DeLeon fled the country after being charged with dozens of felonies. She sawed off the monitor locked around her ankle, abandoned her three-year-old child and disappeared. That should teach the feds not to merely house arrest someone who’s destined to be the first woman ever placed on the EPA’s most wanted fugitives list.

As reported by the Boston Globe in 2009, DeLeon wrote a three page letter to US District Court Judge Nathaniel M. Gorton, part of which read: “I pray that God will forgive my soul and allow me to atone the rest of my life repaying and repairing the harm I have done. This is my solemn promise.” Although a prayer for forgiveness is not a solemn promise, one might gather from the letter that DeLeon sincerely wished to amend her wrongs. Unfortunately not. She fled the country. Nineteen months later, on October 30, 2010, DeLeon was arrested again in the Dominican Republic. Her actual sentencing took a while because the sincerely remorseful DeLeon secured herself a better lawyer for the hearing.

Although Cynthia Giles, the assistant administrator for EPA’s Office of Enforcement and Compliance says that “justice was served” in this case, we disagree. Sure, DeLeon was ordered to pay back the IRS and an insurance company for fraudulent tax return filings and claims, but the real loss occurred when more than 2,000 untrained, illegally certified asbestos workers were exposed to carcinogenic asbestos fibers or silicate minerals while unsafely removing asbestos from hundreds of New England schools, hospitals, churches and homes. In addition to the illegally certified asbestos workers, nobody knows how many children and other innocent members of the community were also exposed to asbestos fibers during these projects.

If you were exposed to asbestos and subsequently diagnosed with mesothelioma, contact a mesothelioma attorney. If you have any questions about the details ofasbestos law and what is required to pursue a settlement, check out the information available on the Sokolove Law website as well as this Asbestos Resource website.

Asbestos

In the South London suburb of Tooting in 2004, Leo Whiten was born at St. George’s Hospital with cerebral palsy that was caused by a deprivation of oxygen that stemmed from doctors’ failure to perform a caesarean section birth when it was necessary.

Following the birth, the Whitens pursued a lawsuit against the hospital. In 2006, St. George’s Healthcare NHS Trust admitted that Leo’s injuries could have been prevented if appropriate action had been taken at the right time. The Whitens eventually won the lawsuit, gaining a £2.7 million (or approximately $4.4 million) settlement in the process.

“Leo is a delightful little boy but the injuries he suffered at birth mean that he will never be able to lead an independent life or work for a living. We are pleased to have been able to secure an award which will provide sufficient funds to ensure Leo can obtain the treatment and care he needs to give him the best possible quality of life both now and in the future,” said Tom Cook, the family’s solicitor.

Leo’s mother, Samantha Whiten, added that she had been worried about how her son’s cerebral palsy would be cared for properly in the years to come. However, she said that money from the settlement would help ensure that Leo will always be able to afford the best care possible.

“Like many parents who have a child with severe cerebral palsy our greatest long-term worry is how he will be cared for when we are no longer able to do this ourselves,” she said. “This settlement gives us the security of knowing that there will be funds available to pay for his care for the rest of his life.”

It’s good to see the Whitens have gotten justice for the birth injury that will affect their child for the rest of his life. If you or a loved one have a child who has cerebral palsy after suffering a birth injury, taking legal action may help you secure a similar monetary settlement. Speak to acerebral palsy attorney at Sokolove Law today to learn about any legal options regarding a birth injury lawsuit that may be available to you.

Cerebral Palsy