Joseph Stembridge's blog ::Maines on "The Asbestos Litigation Master Narrative"

Joseph Stembridge's blog ::Maines on "The Asbestos Litigation Master Narrative"

Ｌｕｎｇ               ｍｅｓｏｔｈｅｌｉｏｍａ               ｉｓ               ａ               ｄａｎｇｅｒｏｕｓ               ｋｉｌｌｅｒ               ｄｉｓｅａｓｅ               ｔｈａｔ               ｉｓ               ｃａｕｓｅｄ               ｂｙ               ｅｘｐｏｓｕｒｅ               ｔｏ               ａｓｂｅｓｔｏｓ               ｄｕｓｔ,               ｉｎ               ａ               ｗｏｒｋｐｌａｃｅ               ｏｒ               ｏｔｈｅｒｗｉｓｅ. Ａｓｂｅｓｔｏｓ               ｉｓ               ｗｉｄｅｌｙ               ｕｓｅｄ               ｉｎ               ｃｏｎｓｔｒｕｃｔｉｏｎ               ｉｎｄｕｓｔｒｉｅｓ,               ｓｈｉｐｙａｒｄｓ,               ｂｏｉｌｅｒ               ｃｏｎｓｔｒｕｃｔｉｏｎｓ,               ｅｔｃ. Ｔｈｅ               ｗｏｒｋｅｒｓ               ｗｏｒｋｉｎｇ               ｉｎ               ｔｈｅｓｅ               ａｒｅａｓ               ｃｏｍｅ               ｉｎｔｏ               ｃｏｎｔａｃｔ               ｗｉｔｈ               ａｓｂｅｓｔｏｓ               ｐａｒｔｉｃｌｅｓ               ａｎｄ               ａｓｂｅｓｔｏｓ               ｄｕｓｔ               ｏｎ               ａ               ｒｅｇｕｌａｒ               ｂａｓｉｓ. Ｔｈｉｓ               ｓｕｒｅｌｙ               ｌｅａｄｓ               ｔｏ               ｌｕｎｇ               ｍｅｓｏｔｈｅｌｉｏｍａ. Ｗｈｅｎ               ｔｈｅ               ｄｉｓｅａｓｅ               ｄｅｖｅｌｏｐｓ,               ｔｈｅ               ｐａｔｉｅｎｔ               ｃａｎ               ｄｉｅ. Ｔｈｅ               ｉｎｈａｌｅｄ               ａｓｂｅｓｔｏｓ               ｐａｒｔｉｃｌｅｓ               ｇｅｔ               ｃａｕｇｈｔ               ｉｎ               ｔｈｅ               ｈｕｍａｎ               ｌｕｎｇｓ. Ｔｈｅ               ａｓｂｅｓｔｏｓ               ｆｉｂｅｒｓ               ｓｃａｒ               ｔｈｅ               ｌｕｎｇ               ｔｉｓｓｕｅｓ               ａｎｄ               ｄｅｃｒｅａｓｅ               ｔｈｅ               ｌｕｎｇｓ'               ｃａｐａｂｉｌｉｔｙ               ｔｏ               ｂｒｅａｔｈｅ               ｉｎ               ａｎｄ               ｏｕｔ               ｓｕｆｆｉｃｉｅｎｔ               ｏｘｙｇｅｎ. Ｔｈｉｓ               ｃａｕｓｅｓ               ｃｈｒｏｎｉｃ               ｃｏｕｇｈｉｎｇ               ａｎｄ               ｄｉｆｆｉｃｕｌｔｉｅｓ               ｉｎ               ｂｒｅａｔｈｉｎｇ. Ｔｈｅｒｅ               ｍｉｇｈｔ               ａｌｓｏ               ｂｅ               ｓｏｍｅ               ｃｈｅｓｔ               ｐａｉｎ. Ｉｔ               ｓｈｏｕｌｄ               ｂｅ               ｎｏｔｅｄ               ｔｈａｔ               ｔｈｅｒｅ               ｉｓ               ｎｏ               ｋｎｏｗｎ               ｃｏｎｆｉｒｍｅｄ               ｃｕｒｅ               ｆｏｒ               ｌｕｎｇ               ｍｅｓｏｔｈｅｌｉｏｍａ. Ｉｔ               ｃａｎ               ｂｅ               ｃｏｎｔｒｏｌｌｅｄ               ｏｎｌｙ               ｔｏ               ｓｏｍｅ               ｅｘｔｅｎｔ.                Ｌａｗｓ               ａｎｄ               ｒｅｇｕｌａｔｉｏｎｓ               ｃｏｎｔｒｏｌｌｉｎｇ               ｔｈｅ               ｕｓｅ               ｏｆ               ｉｎｄｕｓｔｒｉａｌ               ａｓｂｅｓｔｏｓ               ｈａｖｅ               ｂｅｅｎ               ｐｕｔ               ｉｎ               ｐｌａｃｅ               ｒｅｃｅｎｔｌｙ. Ｔｈｅ               ＵＳ               Ｏｃｃｕｐａｔｉｏｎａｌ               Ｓａｆｅｔｙ               ａｎｄ               Ｈｅａｌｔｈ               Ａｃｔ               (ＯＳＨＡ)               ｎｏｗ               ｍａｋｅｓ               ｉｔ               ｃｏｍｐｕｌｓｏｒｙ               ｆｏｒ               ｅｍｐｌｏｙｅｒｓ               ｔｏ               ｐｒｏｖｉｄｅ               ｐｒｏｔｅｃｔｉｏｎ               ｍａｓｋｓ               ｔｏ               ｗｏｒｋｅｒｓ               ｃｏｍｉｎｇ               ｉｎｔｏ               ｃｏｎｔａｃｔ               ｗｉｔｈ               ａｓｂｅｓｔｏｓ               ｐａｒｔｉｃｌｅｓ               ａｔ               ｗｏｒｋ. Ｂｕｔ               ｔｈｉｓ               ｄｅａｄｌｙ               ｓｕｂｓｔａｎｃｅ               ｍａｙ               ｈａｖｅ               ｃｏｍｅ               ｉｎｔｏ               ｃｏｎｔａｃｔ               ｗｉｔｈ               ｃｕｒｒｅｎｔ               ｓｕｆｆｅｒｅｒｓ               ｏｆ               ｌｕｎｇ               ｍｅｓｏｔｈｅｌｉｏｍａ               ｂｅｆｏｒｅ.                Ｗｈｅｎ               ｙｏｕ               ｏｒ               ｙｏｕｒ               ｆａｍｉｌｙ               ｍｅｍｂｅｒ               ｈａｓ               ｃｏｎｔｒａｃｔｅｄ               ｌｕｎｇ               ｍｅｓｏｔｈｅｌｉｏｍａ,               ａｎｄ               ｔｈｅｒｅ               ｉｓ               ｒｅａｓｏｎ               ｔｏ               ｂｅｌｉｅｖｅ               ｔｈａｔ               ｏｃｃｕｐａｔｉｏｎａｌ               ｅｘｐｏｓｕｒｅ               ｔｏ               ａｓｂｅｓｔｏｓ               ｉｓ               ｔｈｅ               ｌｉｋｅｌｙ               ｃａｕｓｅ,               ｔｈｅｎ               ｙｏｕ               ｍａｙ               ｂｅ               ｅｌｉｇｉｂｌｅ               ｆｏｒ               ａｎ               ａｓｂｅｓｔｏｓ               ｌｉｔｉｇａｔｉｏｎ               ｃｌａｉｍ. Ｙｏｕ               ｓｈｏｕｌｄ               ｃｏｎｓｕｌｔ               ａ               ｇｏｏｄ               ａｓｂｅｓｔｏｓ               ａｔｔｏｒｎｅｙ               ｉｍｍｅｄｉａｔｅｌｙ,               ｔｏ               ｓｔａｒｔ               ａ               ｌｉｋｅｌｙ               ｌｉｔｉｇａｔｉｏｎ               ｐｒｏｃｅｓｓ               ａｇａｉｎｓｔ               ｔｈｅ               ｅｍｐｌｏｙｉｎｇ               ｃｏｍｐａｎｙ. Ｔｈｉｓ               ｉｓ               ｂｅｃａｕｓｅ               ｔｈｅ               ｃｏｍｐａｎｙ               ｈａｓ               ａ               ｄｕｔｙ               ｔｏ               ｐｒｏｔｅｃｔ               ｔｈｅ               ｈｅａｌｔｈ               ｏｆ               ｉｔｓ               ｗｏｒｋｅｒｓ. Ｉｆ               ｉｔ               ｉｓ               ｐｒｏｖｅｄ               ｔｈａｔ               ｔｈｅ               ｃｏｍｐａｎｙ               ｃａｕｓｅｄ               ｔｈｅ               ｌｕｎｇ               ｍｅｓｏｔｈｅｌｉｏｍａ               ｂｅｃａｕｓｅ               ｏｆ               ｉｎａｄｅｑｕａｔｅ               ｗｏｒｋｐｌａｃｅ               ｓａｆｅｔｙ               ｐｒｅｃａｕｔｉｏｎｓ,               ｔｈｅｎ               ｔｈｅ               ｃｏｍｐａｎｙ               ｉｓ               ｌｉａｂｌｅ               ｔｏ               ｐａｙ               ｃｏｍｐｅｎｓａｔｉｏｎ               ｃｌａｉｍｓ. Ｔｈｅｒｅ               ｈａｖｅ               ｂｅｅｎ               ｍａｎｙ               ｃａｓｅｓ               ｏｆ               ｃｏｍｐｅｎｓａｔｉｏｎ               ｃｌａｉｍｓ               ｔｈａｔ               ｈａｖｅ               ｂｅｅｎ               ｆｉｌｅｄ               ｄｕｅ               ｔｏ               ｌｕｎｇ               ｍｅｓｏｔｈｅｌｉｏｍａ,               ａｇａｉｎｓｔ               ｍａｎｙ               ｅｍｐｌｏｙｅｒｓ. Ｉｎ               ａｌｍｏｓｔ               ａｌｌ               ｔｈｅ               ｃａｓｅｓ,               ｔｈｅ               ｊｕｄｇｍｅｎｔ               ｈａｓ               ｂｅｅｎ               ｉｎ               ｆａｖｏｒ               ｏｆ               ｔｈｅ               ｌｉｔｉｇａｎｔｓ.                Ａｓｂｅｓｔｏｓ               ｆｉｂｅｒｓ               ａｒｅ               ｖｅｒｙ               ｓｍａｌｌ               ａｎｄ               ｃａｎ               ｏｎｌｙ               ｂｅ               ｓｅｅｎ               ｕｎｄｅｒ               ａ               ｍｉｃｒｏｓｃｏｐｅ. Ｔｈｅｙ               ａｒｅ               ｏｄｏｒｌｅｓｓ,               ｃｏｌｏｒｌｅｓｓ               ａｎｄ               ｔａｓｔｅｌｅｓｓ. Ｉｔ               ｉｓ               ｐｏｓｓｉｂｌｅ               ｔｈａｔ               ｔｈｅ               ｗｏｒｋｅｒｓ               ｃｏｍｉｎｇ               ｉｎｔｏ               ｃｏｎｔａｃｔ               ｗｉｔｈ               ａｓｂｅｓｔｏｓ               ｐａｒｔｉｃｌｅｓ               ｍａｙ               ｎｏｔ               ｅｖｅｎ               ｋｎｏｗ               ａｂｏｕｔ               ｔｈｅ               ｄｅａｄｌｙ               ｓｕｂｓｔａｎｃｅ               ａｎｄ               ｉｔｓ               ｌｉｋｅｌｙ               ｅｆｆｅｃｔｓ.                Ｃｏｍｐａｎｉｅｓ               ｔｈａｔ               ｄｅａｌ               ｗｉｔｈ               ａｓｂｅｓｔｏｓ               ｉｎ               ｔｈｅｉｒ               ｂｕｓｉｎｅｓｓ               ａｒｅ               ｎｏｗ               ｒｅｑｕｉｒｅｄ               ｔｏ               ｔａｋｅ               ｏｕｔ               ｗｏｒｋｍｅｎｓ'               ｉｎｓｕｒａｎｃｅｓ               ｔｏ               ｐｒｏｔｅｃｔ               ａｇａｉｎｓｔ               ａｓｂｅｓｔｏｓ               ｅｘｐｏｓｕｒｅ. Ｂｕｔ               ｔｈｉｓ               ｉｓ               ａ               ｒｅｃｅｎｔ               ｒｅｇｕｌａｔｉｏｎ               ａｎｄ               ｓｏ               ｐａｔｉｅｎｔｓ               ｗｈｏ               ａｒｅ               ｃｕｒｒｅｎｔｌｙ               ｓｕｆｆｅｒｉｎｇ               ｆｒｏｍ               ｌｕｎｇ               ｍｅｓｏｔｈｅｌｉｏｍａ               ｍａｙ               ｈａｖｅ               ｂｅｅｎ               ｅｘｐｏｓｅｄ               ｔｏ               ａｓｂｅｓｔｏｓ               ａｓ               ｆａｒ               ｂａｃｋ               ａｓ               1975. Ｔｈｉｓ               ｉｓ               ｂｅｃａｕｓｅ               ｌｕｎｇ               ｍｅｓｏｔｈｅｌｉｏｍａ               ｈａｓ               ａ               ｌｏｎｇ               ｉｎｃｕｂａｔｉｏｎ               ｔｉｍｅ,               ｓｏｍｅｔｉｍｅｓ               ｕｐ               ｔｏ               35               ｙｅａｒｓ               ａｆｔｅｒ               ａｓｂｅｓｔｏｓ               ｅｘｐｏｓｕｒｅ.                Ａｎ               ａｓｂｅｓｔｏｓ               ｌａｗ               ｆｉｒｍ               ｏｒ               ａｓｂｅｓｔｏｓ               ａｔｔｏｒｎｅｙ               ｃａｎ               ａｄｖｉｓｅ               ｙｏｕ               ｗｈｅｔｈｅｒ               ｙｏｕ               ｈａｖｅ               ｔｈｅ               ｒｉｇｈｔ               ｔｏ               ｆｉｌｅ               ａｎ               ａｓｂｅｓｔｏｓ               ｌａｗｓｕｉｔ. Ｂｅ               ｃａｒｅｆｕｌ               ｏｆ               ｔｈｅ               ｔｉｍｅ               ｌｉｍｉｔｓ               ｈｏｗｅｖｅｒ. Ｔｈｅ               ｔｉｍｅ               ｌｉｍｉｔｓ               ｂｅｆｏｒｅ               ｗｈｉｃｈ               ａｎ               ａｓｂｅｓｔｏｓ               ｃｌａｉｍ               ｎｅｅｄｓ               ｔｏ               ｂｅ               ｆｉｌｅｄ               ｍａｙ               ｖａｒｙ               ｆｒｏｍ               ｓｔａｔｅ               ｔｏ               ｓｔａｔｅ. Ｓｏ               ｉｔ               ｉｓ               ｂｅｓｔ               ｔｏ               ｃｏｎｓｕｌｔ               ｗｉｔｈ               ｙｏｕｒ               ａｓｂｅｓｔｏｓ               ａｔｔｏｒｎｅｙ               ｗｈａｔ               ｔｈｉｓ               ｔｉｍｅ               ｐｅｒｉｏｄ               ｉｓ,               ｂｅｆｏｒｅ               ｔｈｅ               ｌｉｔｉｇａｔｉｏｎ               ｃａｎ               ｂｅ               ｓｔａｒｔｅｄ.                Ａｓｂｅｓｔｏｓ               ｅｘｐｏｓｕｒｅ               ｃａｎ               ａｌｓｏ               ｃａｕｓｅ               ｄｉｓｅａｓｅｓ               ｏｔｈｅｒ               ｔｈａｎ               ｌｕｎｇ               ｍｅｓｏｔｈｅｌｉｏｍａ. Ｔｈｅｓｅ               ａｒｅ               ａｓｂｅｓｔｏｓｉｓ               ａｎｄ               ｌｕｎｇ               ｃａｎｃｅｒ.                Ｉｎ               ｔｈｉｓ               ａｒｔｉｃｌｅ               ｗｅ               ｈａｖｅ               ｌｏｏｋｅｄ               ｂｒｉｅｆｌｙ               ａｔ               ｔｈｅ               ｌｉｔｉｇａｔｉｏｎ               ａｎｄ               ｌａｗ               ｏｐｔｉｏｎｓ               ａｖａｉｌａｂｌｅ               ｉｆ               ｙｏｕ               ｏｒ               ｙｏｕｒ               ｌｏｖｅｄ               ｏｎｅ               ｉｓ               ｓｕｆｆｅｒｉｎｇ               ｆｒｏｍ               ｏｒ               ｄｉｅｄ               ｂｅｃａｕｓｅ               ｏｆ               ｌｕｎｇ               ｍｅｓｏｔｈｅｌｉｏｍａ.

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Related blog with asbestos litigation

1. Maines on "The Asbestos Litigation Master Narrative"

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8. The Latest in Asbestos Litigation

   legalpad.typepad.com/my_weblog/   03/05/2010

   [ Kate Moser ] The Emerging Trends in Asbestos Litigation conference wrapped up today in Southern California (. pdf ), and we quickly caught...

9. Will Carbon Emissions Litigation Become the Next Asbestos Deluge for the Construction Industry?

   lawandinsurance.typepad.com/   10/15/2007

   ..., creating a wave of litigation that could dwarf the tobacco and asbestos litigation of prior years. If carbon emissions are the largest...

10. ALI-ABA Course on Asbestos Litigation

    lawprofessors.typepad.com/   09/09/2008

    ALI-ABA is sponsoring a course on Asbestos Litigation on December 4th-5th in San Antonio, Texas. You also can attend via live webcast...

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Comprehensive resource for asbestos litigation. Lawyers, Litigation, and Law Suites.

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Mesothelioma Hindsight » Asbestos » Promote Mesothelioma CampaignsbyDoug Alexander McDuff

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Mesothelioma Hindsight promotes awareness of asbestos related diseases, Mesothelioma fundraising campaigns and litigation for sufferers of Mesothelioma

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