42 Years - A Professional Law Corporation - Helping Asbestos Victims Since 1974

Posts by: Steven Kazan

Union Pacific Liable For Worker’s Death in $6,951,000 Mesothelioma Lawsuit Verdict for Kazan Law

mesothelioma lawsuitAfter a six-week trial, an Alameda County jury has found that Union Pacific Railroad Company is responsible for a $6,951,000 mesothelioma lawsuit verdict for the suffering and wrongful death of Jeffrey Emerson, who worked as a boilermaker at the Southern Pacific Railroad from 1971 to 1995. The company merged with Union Pacific in 1997.

Mr. Emerson was regularly exposed to asbestos at Southern Pacific’s Sacramento Locomotive Shops, both directly in his job and as a bystander to the work of other craftsmen.  In July 2013, he was diagnosed with malignant mesothelioma, a terminal cancer.  For the next seven months, his doctors provided care and treatment. He died on January 24, 2014, just 10 days after his deposition for the mesothelioma lawsuit.

Discovery in the mesothelioma lawsuit revealed that for more than 20 years Southern Pacific had used many different types of asbestos products, including in its diesel locomotives and in piping around its facilities.  Southern Pacific did not comply with the regulatory requirements regarding asbestos for at least 15 years.  Instead it allowed workers to be exposed to asbestos without proper protection throughout the 1970s and much of the 1980s.  Only in the mid to late 1980s did Southern Pacific begin to implement some asbestos safety procedures – too late for Mr. Emerson.

Prior to trial, Union Pacific claimed immunity from the mesothelioma lawsuit based on a prior release of claims for an unrelated back injury.  The trial court denied this defense, ruling that Mr. Emerson’s release of back-injury claims cannot be construed as waiving future claims for asbestos-disease injuries.  The case proceeded on the merits under the Federal Employers Liability Act, which governs claims for railroad-workplace injuries.

At trial, Union Pacific argued that Mr. Emerson died not from asbestos-caused mesothelioma but from lung cancer caused by cigarette smoking (which Mr. Emerson quit in the early 1980s).  Alternatively, Union Pacific argued that, if Mr. Emerson did have mesothelioma, it was caused not by asbestos exposure at Southern Pacific but by earlier exposures in the Navy.  But Union Pacific’s argument that Mr. Emerson was not exposed at the railroad was undercut by an internal company record, obtained by Kazan Law in discovery, admitting that Mr. Emerson was extensively exposed there.

Karen Emerson, Mr. Emerson’s wife, testified about the extensive suffering her husband endured during his seven-month battle with mesothelioma.  He was treated at the Mayo Clinic with both chemotherapy and 30 rounds of radiation.  Post-death tissue analysis revealed extensive asbestos fibers in his lung tissue.

Mesothelioma Lawsuit Verdict

The jury rejected each of Union Pacific’s defenses, found that Mr. Emerson indeed suffered from mesothelioma, and awarded $6,500,000 in pain and suffering damages in the mesothelioma lawsuit.  The court had already determined that Mr. Emerson’s economic damages totaled $451,265.  The total verdict is $6,951,265.00.

The Emerson family was represented by Kazan Law partners Joseph Satterley, Justin Bosl and Denise Abrams, of-counsel Ted Pelletier and associate Ryan Harris.

Experts who testified were pathologists Dr. William Salyer (Oakland) and Dr. Jerrold Abraham (Syracuse), microscopist Dr. Ronald Dodson (Tyler, TX),  pulmonologist Dr. Barry Horn (Oakland), occupational-medicine specialist Dr. David Egilman (Attlesboro, Mass), and treating oncologist Dr. Gregory Yang (Yuma, AZ).

Pro Bono Immigration Case Victory for 14 Year-Old

pro bono immigration casePro bono immigration cases have become a new way for Kazan Law to put into practice the humanitarian principle of justice for all on which our asbestos litigation firm was founded over 40 years ago.

We have just achieved another important pro bono immigration case victory. It is important because it is going to make a world of difference in the life of a young boy. Our 14-year-old client Joe (name changed to protect his privacy) has been granted asylum by the US Department of Homeland Security Bureau of Citizenship and Immigration Services Asylum Office as a result of our efforts on his behalf.

Pro Bono Immigration Case a Matter of Saving Lives

We took on Joe’s pro bono immigration case almost exactly a year ago. He had become a target of local gangs in his home country after witnessing a horrific, violent attack on his family. At 13 years old, he traveled to the United States with a family member not much older than himself. He didn’t know a soul here when he arrived.

Thousands of kids like our client are running for their lives. They sleep in doorsteps and on sidewalks. They walk for miles until their feet bleed; they dangerously hop freight trains. They hide from sex traffickers and machete-wielding gangs. They beg, steal or forage for food.

Like Joe, many are fleeing from violence. According to a report from the United Nations High Commissioner for Refugees, 58 percent of the 400 migrant youth the agency recently interviewed “had suffered, been threatened, or feared serious harm” that would merit international protection.

Pro Bono Immigration Case Victory Gives Teen a Better Life

After spending weeks getting shuffled around some of those crowded detention centers in Texas, our client Joe was allowed to come to California to live with a RELATIVE here. She and Joe had never met before but she was able to provide him with a good home.

Joe has thrived here over the last year, doing well in school and rapidly learning English. He didn’t speak a word of English at first. Now he is able to speak well enough to talk with Ryan Harris, the Kazan Law associate who managed his case, without a translator.

“He is an incredibly bright kid and now, because of the teamwork here at Kazan, he doesn’t have to worry that he will be sent back to the dangerous conditions he escaped from,” Ryan told me when we discussed the case.

Pro Bono Immigration Case Success Takes a Village

This pro bono immigration case was a success thanks to the efforts of many people here at Kazan Law working together as a team. We are all incredibly proud of this achievement.

I want to especially thank legal assistant Stacy McKenna for her dogged efforts. Stacy spent months doing investigative work to help supplement some of the crucial information in the case, and translating important documents.

Many others also contributed. Associate Stephanie Wargo-Wilson put together an exhaustive compilation and summary of country conditions research showing why it is too dangerous to send Joe home. Paralegal Jazmin Solorzano did a fantastic job as our asylum hearing translator. Associate Irena Kin and administrative assistant Stevie Nicole Chapman helped with court filings. Trust accounts coordinator Marcella Nava ALSO translated MANY important Spanish documents into English. Former Kazan associate Julianna Rivera and now full time immigration attorney with her own practice volunteered her expertise. Executive assistant Terry Roy kept our files organized, calendared the hearings, and processed OUR MANY filings with the asylum office. Retired Kazan partner Frank Fernandez also offered his assistance and experience. And of course big thanks to Kazan Law partner Denise Abrams for being the driving force in taking these very worthy cases.

Second Pro Bono Immigration Case Win With More to Follow

Joe’s case was the second pro bono immigration case our firm has taken on and our second success. Other pro bono immigration cases will follow. We are exhilarated and energized by the difference we have been able to make in the lives of these clients.

Please join me in wishing Joe a bright, happy, and safe future.

Experienced Mesothelioma Attorneys Are the Key to Your Compensation

mesothelioma attorneysIf you have been diagnosed with mesothelioma, choosing a lawyer experienced in mesothelioma to represent you can make a big difference in the compensation you receive, so it makes sense to choose the most skilled and qualified asbestos attorney you can find. Some lawyers with general practices look for mesothelioma clients, even though they don’t specialize in asbestos law. Other lawyers promote themselves as mesothelioma attorneys, even though they have little or no experience in the field.

Experience Makes the Difference

There is no substitute for intense hands-on experience when it comes to asbestos litigation. An experienced mesothelioma attorney will have a working knowledge of all the potential avenues of compensation: asbestos trust funds, lawsuits, and settlements.

Attorneys who specialize in asbestos law have working relationships with the major players, including the manufacturers responsible for much of the asbestos exposure in the United States and their legal counsel and asbestos trust administrators and staff. A mesothelioma attorney who has been practicing for a number of years will have a thorough knowledge of the specialized process for moving asbestos litigation through the courts and for expediting mesothelioma claims.

Everyone has to start somewhere and every field of law needs new, young lawyers to join and learn. When you select your mesothelioma attorney, choose a lawyer who works for a firm that specializes in asbestos litigation, where the person who represents you will have the benefit of the shared experience and wisdom of colleagues with decades of experience.

Kazan Law: Pioneering Mesothelioma Attorneys

Kazan Law was founded in 1974, at a time when some of the first mesothelioma lawsuits were making their way through the legal system. Our principals have over 130 years of combined experience representing clients with mesothelioma and other asbestos diseases.

Kazan Law has helped and continues to shape the field of asbestos litigation. Our reputation as pioneering mesothelioma lawyers has won us appointments on the Trustees Advisory Committees of almost all of the 60 asbestos bankruptcy trusts set up to compensate victims of asbestos exposure. We make sure the voices of those suffering from mesothelioma and other asbestos diseases are heard by those involved in the administration of those trusts.

Our principals are often invited to deliver keynote speeches and lectures on mesothelioma law because they are considered experts in the field. Not only have we successfully represented thousands of clients injured by asbestos exposure; we have helped educate and train many of the lawyers now working in the field.

In addition, Kazan Law has been recognized as a top mesothelioma law firm because of our accolades, experience, skill, and dedication.

A Culture of Caring

Because of the seriousness of mesothelioma, the awards in asbestos cases are often in the seven-figure range and sometimes in eight figure range. This attracts inexperienced and even, sometimes, unscrupulous attorneys hoping for a fast buck.

At Kazan Law, experience has taught us that winning the maximum compensation for our clients means handling each case with personal care. This comes naturally to our mesothelioma attorneys because this practice is our passion.

Some of our lawyers felt called to become mesothelioma attorneys because they wanted to hold accountable negligent corporations that valued profits more highly than human lives. Some have had personal experience with a family member who suffered from illness due to asbestos exposure.

Every attorney and staff member at Kazan Law has a deep commitment to our clients and to seeking justice for people suffering from mesothelioma, a cancer caused by asbestos.

A Winning Record

When you choose a mesothelioma attorney, you also want a firm with that has a history of winning cases. At Kazan Law, our track record of achieving settlements and winning jury verdicts for our clients has placed us in the top echelon among asbestos lawyers.

Kazan Law partner David McClain won the highest jury verdict in a wrongful death lawsuit in California in 2014, achieving an $11.8 million victory for the family of a man who died at age 68 from mesothelioma, after our partner Joe Satterley won a personal injury verdict for him and his wife in 2011 for $17.5 million.

In 2013, a team of Kazan Law mesothelioma attorneys brought home a verdict of more than $27 million for an 82 year old woman and her family. Her husband worked for a company that made insulation products using asbestos. She developed mesothelioma after coming into contact with asbestos when she washed his work clothes.

We have helped thousands of people suffering the impact of a mesothelioma diagnosis navigate the steps needed to recover compensation from asbestos bankruptcy trusts. Our mesothelioma attorneys have won out of court settlements and jury verdicts worth over a billion dollars for our clients.

Kazan Law attorneys became mesothelioma lawyers because they wanted justice for people who become ill because of asbestos exposure. This exposure continued long after corporations knew the health dangers of this toxic mineral. They have stayed in the practice, bringing decades of experience to work with them every day, because helping people with mesothelioma and their families at their time of greatest need is the best job in the world.

 

Italian Asbestos Mine Offers Hope For an End to Mesothelioma

MesotheliomaFormer asbestos mining sites around the world present a contamination load and continuing risk to human health that is frightening. The reclamation of one closed asbestos mine in Italy, however, offers hope for a future where mesothelioma and other asbestos-related diseases are almost unknown.

A Toxic Discovery: Chrysotile Asbestos

The tiny Italian towns of Balangero and Corio are nestled in the foothills of the Alps north of Turin (Torino). They have become famous in recent decades as the neighbors of one of the most toxic sites in Europe: the Balangero Asbestos Mine.

In 1907, in serpentine rock formations, miners discovered fibrous chrysotile, a form of serpentine also called white asbestos. Chrysotile, like other forms of asbestos, was prized for its insulating properties.

The Balangero mine began extracting chrysotile in the 1920s from an open pit mine or “glory hole.” The operation used methods to crush rock and dispose of asbestos-laden mine tailings that contaminated the mine site and its surroundings with toxic dust. Workers crushed and bagged asbestos wearing little or no safety gear. Tailings were dumped over an incline and down a ravine. Over the years, the dumpsite built up a 45-degree slope, creating an unstable mass of asbestos tailings that threatened to cause a toxic rockslide.

In 1990, the company that operated the mine went bankrupt and the Balangero mine closed, leaving behind a denuded and scarred hillside and a 400-hectare (approximately 1,000 acres) site thoroughly contaminated with asbestos. The dumpsite was considered one of the most hazardous sites in Italy. If it were located in the United States, it would have been labeled a Superfund site.

A 2008 study found a higher than normal incidence of mesothelioma among former workers at the mine (both blue collar and office personnel). The study also found a mesothelioma cluster among local residents who had never worked at the mine but were exposed to asbestos fibers that contaminated the air, land, and water around the Balangero mine.

Back to Nature: Remediation of an Asbestos Mine

In 1992, after Italy banned asbestos, it became clear that the mine would never reopen. Several local and regional governments banded together to clean up the site. A fund of 40 million Euros (44 million dollars) was created to pay for the remediation.

In the late 1990s, after careful planning, crews in hazmat gear began working to clean up the former mine, which included a number of buildings filled with machinery contaminated with asbestos, the glory hole (now filled with water), several tunnels through the mountain, and the unstable slope of the dump site.

One of the first steps was to reintroduce vegetation on hillsides laid bare by decades of mining and grading. Crews dropped seeds from helicopters across the excavated moonscape and new life began to sprout.

The most critical task was to stabilize the slope where the mine had dumped its dry tailings. A landslide could send a cloud of asbestos fibers into the air, raising the risk of mesothelioma in surrounding communities, as well as contaminate a nearby waterway. The remediation group set up a tramway to airlift out some of the contents of the overfilled dump. The remaining slope in the dumpsite was stabilized with wires and logs. Plantings were added to further prevent erosion of the slope.

The design called for the creation of wooden conduits to channel water and prevent erosion. The water that runs off the slope of the dumpsite is captured and filtered at the bottom of the hill before it enters a local creek, to prevent toxic asbestos fibers from entering the waterway.

The remediation group set up an enclosed warehouse on the site where they carefully sealed and bagged toxic materials from the Balangero mine. The processing machinery will be decontaminated and the metal melted down.

During the remediation process, trucks spray roadways and other surfaces to keep asbestos fibers from becoming airborne. Vehicles are decontaminated before they leave the site.

Return of a Green Valley

Almost two decades on, remediation is not yet complete and much of the original funding remains to be spent. As part of the project, monitoring stations check the ambient air for asbestos fibers so crews can target their remediation efforts and ensure that air quality goals are being met.

Amazing progress has been made, however, in transforming one of Italy’s most toxic sites back to the verdant landscape that existed before the Balangero mine opened.

A recent YouTube video about the reclamation shows a brilliant blue lake in place of the ugly hole of the chrysotile asbestos mine pit. The grim, barren landscape of the abandoned mine has been replaced by verdant hillsides. If you didn’t know what had been there before, you might think this was just another one of the lovely alpine landscapes that Northern Italy is famous for.

Even more importantly, generations of residents in Balangero, Corio, and other neighboring towns will be spared the mesothelioma risks that The remediation is putting toxic asbestos where it belongs: safely underground.

Asbestos Contamination Danger in Oregon

asbestos contamination

Asbestos contamination now may be endangering the lives of many residents of Portland, OR in a frightening situation uncovered by Portland’s Oregonian/Oregon Live media. Seemingly reckless demolition of many older Portland homes without first safely removing their asbestos content may be releasing tons of asbestos dust into the air, the news account alleged.

The dangerous situation came to public attention when local health and environmental authorities were notified by a Portland resident. She became alarmed when she noticed clouds of dust caused by workers demolishing a nearby home. The workers were not wearing protective masks. The neighbor feared the demolition was releasing asbestos contamination into the air, endangering her family, surrounding neighbors and the workers.

Asbestos Contaminated Homes Not Inspected Before Demolition

Asbestos contamination is occurring frequently in Portland, the media investigation suggests, because of lax rules for demolition permits. There is also a reported lack of inspectors to check for asbestos contamination prior to demolition if homeowners or construction contractors asked them to, which they apparently don’t.

About 750 Portland homes were demolished from 2011 to last year but only 25 asbestos inspections were performed by the regional environmental quality office covering Portland, according to the media reports.

During that time, the Portland office was allotted one position for a full-time asbestos inspector but left the position vacant.

“Contractors have routinely failed to address the presence of asbestos when demolishing homes,” media analysis reported.

It is unknown how many people may have been exposed to hazardous asbestos contamination from the demolitions. Some may not have even realized that they have breathed in toxic asbestos dust and if they become ill years later, they may not know it was caused by this exposure.

Asbestos Contamination Occurs Because of Inadequate Fines

According to the media investigation, asbestos contamination most likely occurs in Portland because the fines the city charges for neglecting to remove asbestos are inadequate. Infill pressure on development in Portland is at an all-time high and old homes are being knocked down at a rapid rate to make way for new ones raising the risk of asbestos contamination.

Because of Portland’s booming real estate market, the profits to be made selling a newly renovated house far outweigh the current fines for not removing asbestos before demolishing the old structure – if the property owner is even caught. If there is no inspection and the property owner is not caught, then the real estate profit is even greater since they avoid losing valuable construction time, avoid the expense of asbestos removal, and the fine for not removing it.

In the instance that brought the problem to light, a real estate broker hired workers to raze a home built in 1908. Five workers, dressed in regular clothes, were reportedly covered in asbestos contaminated dust during the demolition. When a worker complained about the possible asbestos risk to his employment agency, the real estate broker supposedly had the one wall he knew did not contain asbestos inspected by the agency. A subsequent state inspector was more thorough and discovered that materials throughout the house had asbestos contamination rates of six to 50 percent.

The state environmental agency fined the real estate broker $16,000 which was later reduced to $8,000. Property records show that the broker sold the house for $675,000. He had purchased it for $350,000 the previous month. A local licensed asbestos contamination removal contractor told the media that he would have safely removed the asbestos-containing flooring and insulation from the home for $2,500. The real estate broker appears to have preferred to risk the workers’ lives rather than pay that amount.

This real estate broker may now be facing criminal charges due to the publicity the media investigation has generated. But there are likely many more contractors like him who may have been doing the same thing.

Asbestos Contamination Exposure Kills

Asbestos contamination exposure can be lethal. If materials containing asbestos are disturbed, tiny asbestos fibers are released into the air. When these asbestos fibers are inhaled, they may get trapped in the lungs and remain there for a long time. Over time, these fibers can cause scarring and inflammation. This can affect breathing and lead to the development of fatal cancers.

Asbestos has been classified as a known human carcinogen (a substance that causes cancer) by the U.S. Department of Health and Human Services, the EPA, and the International Agency for Research on Cancer. Studies have shown that exposure to asbestos may increase the risk of lung cancer and mesothelioma, a fatal cancer of the cells in the membranes that line the chest and abdominal area. Mesothelioma, the most common form of cancer associated with asbestos contamination, can take years to develop. By the time symptoms emerge and a diagnosis is made the disease has become advanced. The scientific consensus is that there is no safe level of exposure to asbestos.

Portland Slow to Act on Asbestos Contamination

Asbestos contamination concerns over demolitions have been an issue in Portland for several decades. Environmental officials have been aware since the 1980s that simply telling contractors to remove asbestos before a demolition is insufficient to make sure that it actually gets done.

Lawmakers rejected the Department of Environmental Quality’s plea for a law requiring asbestos inspections. The environmental quality agency tried again to address this issue 13 years later and almost succeeded. In 2002 it passed its own regulation requiring asbestos inspections before demolition. But about four months later, caving to industry complaints, the agency’s governing board abolished the regulation.

That will change soon. A bill to require asbestos inspections was passed by the Oregon Legislature this year and is slated to take effect in January.

At present, there is not much access to data about homes and asbestos contamination for prospective home buyers, renters or workers to rely on. The Department of Environmental Quality may know based on the address whether or not a specific home has had asbestos removed. But because in Portland contractors have not had to submit an asbestos inspection report before a demolition, the environmental agency has no way of knowing whether a contractor actually checked for asbestos.

While responsible contractors and knowledgeable homeowners exist who learn and act accordingly to mitigate risks of asbestos contamination, the article suggests that ignorance, deceit, and lack of Department of Environmental Quality compliance inspectors allows irresponsible people to act unconscionably and risk causing the deaths of innocent people.

7 Signs Your Asbestos Law Firm is Ineffective

Asbestos law firmIf you have mesothelioma or another asbestos disease, choosing a good asbestos law firm may be the most important decision you make. An experienced asbestos lawyer will understand all the issues involved in your asbestos lawsuit and work hard to win you fair settlements.

If you have already selected an asbestos law firm but you are not sure the firm is handling your claims well, here are seven signs that your lawyers may not be making your case effectively.

7 Signs Your Asbestos Law Firm is Ineffective

1. Your Lawyer Hands Your Case Off to Another Firm

Some asbestos law firms are actually just case brokers. They fill the Internet with glitzy websites and ads promising great outcomes for people suffering from mesothelioma or other asbestos diseases. After they take your case, they pass it on to the asbestos lawyer who pays them the highest commission for the referral, not the best firm to represent your interests. One rule of thumb: if a firm puts more effort into its website than it does into representing its clients, steer clear.

2. Your Lawyer Doesn’t Pursue All Avenues of Compensation

Seeking compensation for clients with mesothelioma is not just about filing a lawsuit. You may also be entitled to file a claim with asbestos trust funds or receive military disability benefits because of exposure to asbestos while you were in the armed services. An experienced asbestos lawyer will look for every possible way to secure the compensation you need to support you and your family through your illness.

3. Your Lawyer Doesn’t Do a Thorough Investigation

When you are dealing with asbestos disease, the last thing you need is a pile of extra work dropped on you. Top-notch asbestos law firms employ investigators who will research your work and life history and determine which corporations are liable for your asbestos exposure and subsequent illness. You deserve a lawyer who will take the burden off you and build a great case for you.

4. Your Lawyer Pressures You to Settle Quickly

Some asbestos cases do settle quickly, for appropriate amounts of money. More often, however, corporations will push back. Some may offer lowball settlements soon after you file your lawsuit. This is basically “go away” money. A good asbestos law firm may be able to get you a much higher amount once both sides have exchanged documents (the discovery process). In this process, evidence of the corporation’s role in your asbestos exposure and of its knowledge of the toxic nature of the mineral can come to light. If your lawyer pressures you to settle quickly for less money than you were expecting with any defendant who played a significant role in your asbestos exposure, you may want to get a second opinion.

5. Your Lawyer Refuses to Settle

Negotiating a legal settlement is a delicate dance. Defendants want to pay the smallest amount they can to avoid going to trial. Plaintiffs want to get the highest amount they can without having to go through a trial. Because trials are expensive and risky for all sides, more than 80% of asbestos lawsuits end in settlements. An experienced asbestos attorney will understand the value of your claim against each defendant and be able to guide you to a rational decision so you can accept the best settlement offer. If your attorney pushes so aggressively that it forces your case into trial, he or she may lack essential skills or not have your best interests at heart.

6. Your Lawyer Doesn’t Return Your Calls

If no one at your asbestos law firm has time to return your calls, then the firm may have taken on more cases than its lawyers can handle. You deserve an asbestos attorney who has the time to listen and respond to your concerns, answer your questions, and work with you to get the best outcome for your asbestos lawsuit. Personal attention is one of the signs of a high quality asbestos law firm.

7. Your Lawyer Makes Decisions Without Consulting You

This can be a sign that your asbestos lawyer has too many cases on his docket or that she thinks your opinion is not important. While an experienced asbestos lawyer will be able to provide you information to help you navigate the legal process, you should remain in the driver’s seat. No amount of experience or knowledge can trump your right to decide what is best for you.

Finding and choosing an experienced asbestos law firm with a track record of winning fair settlements and jury verdicts for its clients can take time. That time is one of the best investments you can make at this time in your life. It may mean a difference of hundreds of thousands or even millions in the amount of compensation you are able to recover. A bit of extra time to carefully vet the law firm you choose can also save you headaches further down the road.

Mesothelioma Veterans Benefits Offered by the VA

Mesothelioma Veterans BenefitsMany of the people who suffer from mesothelioma, asbestos-caused lung cancer, or another disease related to asbestos exposure were exposed to toxic levels of asbestos during their military service. If you have been diagnosed with mesothelioma and you are a veteran, you could be eligible for mesothelioma veterans benefits and disability.

Avenues of Asbestos Exposure in the Armed Forces

From the 1930s through the 1990s, the US Armed Forces used large quantities of asbestos in its facilities. Service members involved in building construction, renovation, or demolition are particularly likely to have encountered harmful levels of asbestos. Pipe fitters, welders, those involved in vehicle repair, and boiler operators also bear special burdens of risk.

Vietnam veterans have developed mesothelioma and other asbestos diseases because the material was widely used in construction and transportation during that conflict. Veterans who served in more recent wars in the Middle East may also have been exposed to asbestos through toxic particulate matter released by burning materials and desert dust containing unknown contaminants. Because mesothelioma can take as much as 50 years to manifest, there may be many more veterans affected in the years to come.

While service members may have been exposed to asbestos in any branch of the military, veterans of the US Navy – may be the most likely to have come into contact with toxic levels of asbestos. Navy personnel may have encountered asbestos on many types of vessels and in many different locations, particularly:

  • Ship Construction: If you worked in a naval shipyard between the 1930s and the 1990s, you are likely to have been exposed to airborne asbestos fibers, as the mineral was used in many areas of ship construction.
  • Shipside: The atmosphere below decks in Navy vessels, at least until the 1990s, may have been contaminated with asbestos due to inadequate ventilation. Crew members were also exposed to airborne asbestos fibers if they removed, repaired, or otherwise handled materials containing asbestos in the engine rooms.
  • Onboard: Any personnel who served on ships with keels laid before 1983 may have been exposed to asbestos, according to the Department of Veterans Affairs.

Because of the amount of asbestos exposure military personnel received, particularly those who served before 1990, it’s a good idea to have regular checkups and monitor your lung health for early signs of mesothelioma or other asbestos diseases. Early diagnosis and treatment can improve your prognosis if you do become ill with mesothelioma.

Establishing the Connection Between Your Service and Mesothelioma

If you have been diagnosed with mesothelioma, you may have been exposed to asbestos in more than one place throughout your life, including during your military service. It is impossible to determine exactly which exposure is responsible for your illness. Most people with mesothelioma pursue multiple avenues to receive the compensation they deserve. This can include a lawsuit against manufacturers, suppliers, installers, distributors as well as filing claims with asbestos bankruptcy trusts, and filing a claim with the Veterans Administration.

To establish the connection between your time in the armed forces and your illness, you will need to document the times and places where you served and the duties you performed, as well as your age at the time of service. The length of time you were exposed to asbestos during your military service is one of the factors the VA will look at in determining your eligibility for benefits and disability. In addition, the younger you were when you were exposed to asbestos, the greater your chances of developing mesothelioma or other asbestos diseases.

An experienced asbestos attorney can help you put the facts together and build your case in court and versus the asbestos trusts. Most asbestos lawyers will assist you on a contingency fee basis, so you don’t have to pay any money up front for their assistance. It can be helpful to have an ally who has been through the process many times, to work with you to build a successful claim. Kazan Law has a decades-long track record of helping clients get the mesothelioma benefits they deserve. In addition, the work they perform can be used by you to acquire additional benefits through the Veterans Administration.

Mesothelioma Veterans Benefits from the Veterans Administration

The Veterans Administration (VA) provides health and disability benefits to veterans who are ill and/or disabled due to their military service, as long as they received an honorable discharge.

Once you have established that your military service is a likely source of the asbestos exposure that caused your mesothelioma, you can receive treatment at any VA healthcare facility. The VA has healthcare facilities in all 50 states and several US territories. You will also be eligible to travel to receive treatment from mesothelioma specialists working at VA hospitals.

If the majority of your asbestos exposure occurred during your military service, you may be able to collect disability. The VA considers veterans with mesothelioma to be 100% disabled. This can be a crucial support for you and your family during a stressful time.

The amount of your disability payment will depend on whether you are single or married and whether or not you have dependents. For those with 100% disability, monthly payments start at $2,906.83. For more information on VA disability payments and rates, visit http://www.benefits.va.gov/COMPENSATION/types-disability.asp.

Asbestos Legislation H.R. 526 & S.327 Will Thwart Justice For Asbestos Victims

asbestos legislationA new asbestos legislation proposed to Congress – “Furthering Asbestos Claim Transparency Act” of 2015 – would limit, or greatly slow down, the ability of asbestos trusts to compensate victims by instituting additional requirements for filing and reporting claims.

We at Kazan Law vehemently oppose this asbestos legislation (H.R. 526 and S. 357), as we do all efforts to hijack the rights of injured workers and their families. Please join us in our fight to defeat this horrendous campaign.

The Facts Behind Asbestos Legislation H.R. 526 and S. 357

The H.R. 526 F.A.C.T. Act was introduced in the U.S. House of Representatives by Rep. Blake Farenthold of Texas (R-TX-27) on January 26, 2015; A similar bill, S. 357, was introduced at the Senate level by Senator Jeff Flake (R-Ariz.) on February 4, 2015. Both bills are currently assigned to the House Judiciary Committee.

The F.A.C.T. Act is sponsored by Republicans in the House of Representatives and Senate. It is also supported by the United States Chamber of Commerce, which listed the bill as one of their top legislative priorities of the 114th legislative session.

H.R.526 & S.357 would require asbestos trusts to publicly disclose information about the settlement terms between trusts and claimants. The information requested and publicly disclosed may include a victim’s name, address, date of birth, last four social security digits, information about children and spouses, employment history, salary history, information about their medical condition, and personal finances.

Interestingly, the corporate defendants would not be subject to similar requirements.

The F.A.C.T. Act – A Trojan Horse Based On A False Premise

On the surface, H.R. 526 & S. 357 appear to be full of good intent, seeking to protect the asbestos trusts against fraudulent claims. However, nestled within the fine print is the ultimate, ulterior motive: To slow down the judicial process.

This isn’t the first time corporate defenders have attempted to make an end run to avoid a claimant’s hard fought compensation. The premise of this particular asbestos legislation is the notion that asbestos trusts are at risk of fraud and “double dipping” by claimants. Which is simply untrue.

There is, in fact, no evidence of any general or systemic fraud with respect to asbestos trusts.  In 2011, the Government Accountability Office investigated possible frauds in the Asbestos Victim Trusts and could not find one example of a fraudulent claim. Besides, there are already safeguards within the trust system to guard against fraudulent Trusts claims, and reject claims that do not meet their burden of proof. Once this burden of proof is met, a claimant/victim is deemed eligible for a settlement.

Asbestos Legislation that Promotes Deadly Delay

However packaged, the F.A.C.T. Act has little to do with transparency; it is yet another strategy by defendant asbestos corporations to avoid responsibility for the deaths and injuries of tens of thousands of Americans caused by their products.

It’s all about prolonging the process. For a corporate defendant, the longer a claim is delayed, the better.

This is because, sadly, the majority of mesothelioma patients will fall ill and die within 6 to 18 months after being diagnosed. In California, if the asbestos victim dies before the case is complete, the corporate perpetrators are exempt from paying for pain and suffering endured; the victim’s family receives far less in overall compensation.

Needless to say, if claimants are now required to extensively disclose personal information, this will take additional time. Even the asbestos trust representatives are opposed to this legislation due to the burdensome administrative costs that would be associated with the additional reporting and compliance requirements.

The longer a case is delayed, the greater the chance the victim will die before the final verdict.

Additional Flaws With The F.A.C.T. Asbestos Legislation

  • Privacy and Identity Theft Risks To Victims: Forced to publicly release the personal information of sick and dying victims, asbestos trusts would unwittingly expose these patients to identity theft and other frauds.
  • Expense & Resource Limitations: Trust representatives would need to spend tens of thousands of additional hours every year to compile the lists and respond to all information requests allowed by this legislation. These burdensome administrative costs would significantly reduce recoveries for future trust claimants.
  • Disproportionate Percentage of Veterans Affected: While veterans account for only 8% of our population, they represent 30% of all mesothelioma victims. A delay in justice would add insult to injury for those who served our country.

In sum, the F.A.C.T. Act would not only significantly delay and deny payments to asbestos victims and their families; it would also require that victims publicly disclose detailed, personal information including medical and financial information.

No one dying from cancer should be forced by Congress to choose between protecting their family’s privacy and ensuring their family has some financial security when they are gone.

Besides, if transparency were truly the aim of the F.A.C.T. Act, the proposed policy would apply to both victims and defendant asbestos companies — but this is not the case.

Help Us Stop Asbestos Legislation H.R. 526 and S. 357

At Kazan Law, we are working hard to fight both F.A.C.T. bills currently before Congress. Won’t you please help us in our cause?

Please take a moment to write Congress by filling out the short form on the EWG Action Fund website.

If you are writing on behalf of an organization, please feel free to use this form letter:

 

Asbestos Exposure: The Deadliest States in America

asbestos exposurePrized for its fire retardant characteristics, asbestos was widely used in construction materials and as insulation starting in the late 1800s. Although their employees began to experience the toxic effects of asbestos exposure as early as the 1920s, many irresponsible corporations continued to use this toxic mineral for decades more.

Asbestos Exposure: the Basics

Asbestos is most likely to cause harm when it is disturbed. Tiny fibers become airborne and can lodge in the lungs, potentially leading to pleural mesothelioma, lung cancer, or other asbestos-related diseases. These diseases can take years or even decades to manifest, often appearing long after the time of exposure.

Welders, pipe fitters, construction workers, and ship builders, especially those who worked in those professions between the 1930s and the 1980s, are most likely to have been exposed to harmful levels of asbestos. Because asbestos was used in everything from drywall to cloth to cigarette filters, however, almost anyone could have come into contact with asbestos fibers.

States with Highest Asbestos Exposure

Residents of some states are more vulnerable to asbestos exposure than others. Former Rust Belt states like Illinois, Michigan, Ohio, New Jersey, and Pennsylvania were home to industrial operations that exposed many employees and their family members to asbestos. Detroit is famous as the birthplace of the auto industry and that industry used asbestos in brake linings and other car parts throughout much of the 20th century. Asbestos mines add to the exposure risk for Pennsylvania residents. Numerous companies that used asbestos had operations throughout the Rust Belt states.

One mine in Libby, Montana supplied vermiculite to manufacturing facilities across the United States for many years. Vermiculite is a heat-resistant mineral used in insulation and other products. While pure vermiculite is not known to be hazardous, the Libby, Montana mine also contained asbestos, so much of the vermiculite from Libby was tainted with asbestos. This exposed many people in Montana to grave health consequences with many residents eventually dying from asbestos exposure. The asbestos tainted vermiculite from Libby spread asbestos contamination to plants and processing centers across the country, and then on to consumers and workers.

The Johns-Manville Corporation, based in New York, was one of the first companies to find industrial uses for asbestos. Johns-Manville was the first company to file for Chapter 11 bankruptcy due to the volume of lawsuits by people who were sick with asbestos-related diseases. The Manville Trust was the first big asbestos trust established to secure payments for future victims of asbestos exposure. New York State was also home to other heavy industry and to shipyards that have sickened thousands of residents.

Florida was once home to several asbestos-processing sites. The state’s high rate of asbestos deaths may also stem from the fact that many people move there after retirement. Because mesothelioma and other asbestos-related diseases take so long to show up, more than half of the people diagnosed with these illnesses are over 65.

California has the highest number of deaths due to asbestos exposure each year. California residents may face an array of asbestos risks, from the shipyards along the coast and contaminated industrial sites. In addition, asbestos occurs naturally in the soils and in underground deposits in the state. Asbestos mining has led to the contamination of at least one entire town in California.

Texas has experienced a large number of cases of mesothelioma and other asbestos disease due to the popularity of asbestos as an insulating material in the state’s largest industry, the oil industry.

Although the population of Washington State is much smaller than California, New York, or Texas, the state has a high rate of asbestos disease. In addition to manufacturing and shipping, Washington’s timber industry and paper mills also served as sources of asbestos exposure. Washington residents also have the add-on risk of naturally occurring asbestos in their environment.

Asbestos Patients Find Relief

If you have been diagnosed with mesothelioma, asbestos-related lung cancer, or anther asbestos disease, you may be entitled to compensation. The corporations responsible for your asbestos exposure can be held to account through the legal system. Here’s the good news: no matter what state you live in and no matter where you were when you were exposed to asbestos, you can file a lawsuit against those responsible for your pain and suffering. You don’t even need to live in the same state where your lawsuit is filed.

You can also choose one of the top asbestos law firms in the country to represent you. More good news: that law firm doesn’t have to be located in the same state where you live either. At Kazan Law, we feel so strongly about getting recompense for people who are ill because of asbestos exposure that we travel to work with clients throughout the country. We have filed suit against corporations that negligently exposed people to asbestos on behalf of clients all over the United States.

 

Asbestos Trust Funds: Their Purpose and How to Get Your Compensation

asbestos trust fundsAsbestos trust funds, also referred to as asbestos bankruptcy trusts and asbestos compensation funds, are one of the sources of compensation for people suffering from mesothelioma or other asbestos diseases. Asbestos trust funds were created to ensure that corporations set aside enough money to compensate the people they exposed to asbestos.

A Short History of Asbestos Trust Funds

Johns-Manville, a corporation that has manufactured products such as insulation and roofing with asbestos since 1901, was the first large corporation to declare bankruptcy claiming asbestos litigation as the cause. By the early 1930s, the corporation’s employees were falling prey to an unusual amount of lung disease. People began to sue the company in increasing number over time, even as Johns-Manville continued to use asbestos in its products, exposing employees and construction workers to toxic levels of the mineral.

By 1982, Johns-Manville was facing so many individual and class action asbestos lawsuits that it filed for bankruptcy protection under Chapter 11. Chapter 11 of the bankruptcy code allows corporations to reorganize so they can stay in business.

After several years of bankruptcy and civil litigation, in 1988 Johns-Manville placed the majority of the corporation’s assets into a fund to pay victims with asbestos-related diseases caused by the its products. This fund, the Manville Personal Injury Trust Fund, was the first big asbestos trust fund. It is still paying claimants today.

Section 524(g) of the U.S. Bankruptcy Code was enacted to encourage corporations to establish well-funded asbestos trust funds such as the Manville Fund, rather than waiting until corporate assets were drained by litigation to reorganize under Chapter 11. About 60 corporations have followed this path to allow the business to remain viable in the face of massive liability for toxic asbestos exposure.

Filing a Claim With an Asbestos Trust Fund

If your illness was caused by a company that has established an asbestos trust fund, you will need to file a claim with that fund for compensation. You may have claims against more than one fund, and or also non bankrupt companies, if you were exposed to asbestos by multiple corporations.

Before you can file a claim with an asbestos trust fund, you will need a confirmed diagnosis of mesothelioma or other asbestos-related disease from a qualified doctor approved by that fund. You will also need to document when and where the company’s products or actions exposed you to asbestos. Documentation may include a work history for you or a spouse or proof that you lived or worked in a building containing asbestos products made by that company.

While filing a claim with an asbestos trust fund is simpler than filing a lawsuit, it still requires paperwork that must be completed correctly. You can file the claim on your own but, as you can imagine, the assistance of an experienced asbestos lawyer can take a considerable burden off of you. A lawyer who has been through the process many times will know the ins and outs of filing a claim. He or she can do the preparation and investigation work to get your claim filed so you don’t have to expend extra effort at a time when your health is suffering.

Getting Compensation From an Asbestos Trust Fund

Asbestos trust funds were set up to compensate victims of asbestos exposure more straightforwardly than by forcing each individual to go to court. The process is much less contentious than filing a lawsuit. By setting up an asbestos trust, a corporation has acknowledged its culpability in exposing people to toxic levels of asbestos and has taken responsibility for providing compensation for current and future victims of asbestos disease.

Because of this, you can expect to receive your compensation more quickly than if you filed a lawsuit. It can take several months to gather the documentation needed and for the asbestos trust fund to process your claim. Once a claim is accepted, most claimants receive compensation within about two months.

For people who are very ill, such as those suffering from advanced lung cancer or mesothelioma, asbestos trust funds offer an expedited process, so victims can receive compensation more quickly. The trade off for expedited review is that the trust fund will offer a fixed schedule of compensation amounts for certain illnesses. These amounts tend to be lower than the amounts claimants may receive under the regular review process.

Once your claim has been approved and the amount of your compensation agreed, the asbestos trust fund may reduce the amount you receive. While some funds pay out 100% of the compensation owed to claimants, some pay only a percentage, as a way to preserve enough funding for future victims. Because asbestos-related illnesses often develop several decades after exposure, asbestos trust fund managers project how many more people they expect they will need to compensate in the future. Some funds pay as little as 1% but on average it’s about 25% of full value.

Another way that an experienced asbestos attorney can help you get the compensation you deserve from an asbestos trust fund is to negotiate a higher compensation amount, if you choose the regular (not expedited) claim review process. Compensation amounts depend on the seriousness of your illness, the amount of exposure you received from that corporation (for example, how many years you were exposed to the product), and the solvency of the trust fund. Payments for those with mesothelioma or other serious illness can be hundreds of thousands of dollars or more.

Kazan Law Experienced with Asbestos Trust Funds

Recognized by the Wall Street Journal as the country’s most important law firm in the asbestos bankruptcy arena, Kazan Law has the experience required to attain the best results for you and your family. We pursue all possible sources of compensation for our clients. If you have more questions about asbestos trust funds or other issues relating to compensation for your asbestos-related illness, please feel free to contact us.

 

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