Texas Mesothelioma

Both plaintiffs and defendants in asbestos lawsuits agree that asbestoscauses 80 to 90 percent of all mesothelioma cases. You would think that it naturally follows that 80 to 90 percent of mesothelioma lawsuit plaintiffs do not have to prove to a jury that asbestos exposure caused their mesothelioma. Until recently, that was not the case. Instead, through a legal process called reverse bifurcation, most if not all mesothelioma lawsuit plaintiffs had to first prove in court that their mesothelioma diagnosis is tied to past asbestos exposure. Once this was proved – and it usually was — most cases settled out of court.

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

A new study financed by a section of the National Institutes of Health has made the first potential connection to an individual’s genetics and susceptibility to eventually developing deadly asbestos illnesses such as mesothelioma.

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

Medical liability cases against obstetricians and other doctors who participate in the birthing process are most often spurred by errors in clinical judgment, miscommunication between doctors, and technical mistakes.

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

Aside from legal ads on TV, many Americans don’t know what asbestos is or where it can be found, let alone that exposure to this dangerous material can result in the development of an asbestos-related cancer such as mesothelioma. In fact, mesothelioma occurs in such a small number of patients – it’s estimated that only 2,500-3,000 new patients are diagnosed every year – that the disease is often referred to as an orphan disease. And while new mesothelioma treatments can alleviate symptoms and improve a patient’s quality of life, to date there is no proven cure for the disease.

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

A state supreme court ruling will allow a Florida family to sidestep a state fund and sue the hospital and doctors they allege acted in negligence and caused their daughter to suffer serious birth injuries. If their lawsuit is successful, it could have a far reaching result on doctors’ liability in situations involving birth injuries in Florida.

On September 26, 2001, following a car accident that forced her mother into labor, Tristan Bennett was born via cesarean section and required resuscitation and oxygen before being put in a special care nursery. Only days later, Tristan stopped breathing and suffered a pulmonary hemorrhage as well as other kidney and liver problems.

Follow up tests determined that Tristan had suffered serious and permanent neurological damage. The Bennett family charged that the doctors performing the birth had given Tristan too much intravenous fluid and not tested for serum electrolyte derangements following the birth.

While they wanted to pursue a lawsuit against the hospital because the injury had occurred after the post-delivery period, they first had to get permission from a judge to avoid falling under the purview of a payout from the Florida Birth-Related Neurological Injury Compensation Association.

According to the Florida Birth injury Related Neurological Injury Compensation Association’s website, the program was created in 1988 to pay medical bills for children born with “certain neurological injuries” without the need for litigation.

The fund can be used to fund “actual expenses for necessary and reasonable care, services, drugs, equipment, facilities, and travel” that do not include expenses that can be compensated by state or federal governments/private insurers, a one-time cash award of no more than $100,000 to the parents/guardians of the child, a death $10,000 death benefit for the infant, or “reasonable expenses for filing the claim, including attorney’s fees.”

Following differing rulings from a Florida administrative law judge and the state First District Court of Appeal, the Florida Supreme Court ultimately ruled on July 7 that the family could proceed with a lawsuit against the doctors and hospital who performed the birth.

The decision has led to debate among medical experts and NICA over the long-term effects of future potential lawsuits regarding birth injuries. Regardless, it is good to hear that the Bennetts will have their day in court to hold the doctors/hospital liable for their errors.

If you or a loved one have given birth to a child with a birth injury, there may be legal action worth pursuing. Speak to an birth injury attorney at Sokolove Law today to learn more about any potential lawsuits you may be able to pursue.

Birth Injury

A doctor from Iowa has been found to by a jury to have improperly delivered a child that suffered birth injuries as a result, and he will now have to pay more than $1 million in damages as a result.

According to the Waterloo-based WCF Courier, a Black Hawk County jury ruled in favor of Alan and Larysa Asher, a Cedar Falls couple who had a child in November 2006 who was born with permanent injuries to the brachial plexus in her left arm, causing permanent damage.

The Ashers alleged that Dr. Anthony Onuigbo of OB-GYN Specialists – the doctor that delivered their daughter – did not properly realize that her shoulder had become stuck during the birthing process. After using “excessive traction” to remove the child, the injuries to her left arm were first noticed.

During the birth injury trial that followed, the Ashers’ lawyers argued (successfully) that Onuigbo should have properly noticed that the child’s arm was stuck and either tried to dislodge it before proceeding or perform a C-section.

Following the ruling in the Ashers’ favor, the family was awarded $1.37 million; including $63,000 for each parent for “loss of childhood consortium,” $550,000 for loss of future earnings, $380,000 for loss of the child’s full mind and body, and $258,000 for pain and suffering.

If the family of you or a loved one have a child with some type of birth injury that was caused by medical negligence, there may be legal action worth pursuing. Contact a birth injury attorney at Sokolove Law today to see what your legal options may be, and if a birth injury lawsuit may be a possibility.

Birth Injury

Amateur golfer Jason Faircloth is yet another example of an individual who has overcome a potentially crippling birth injury to excel at a physical activity that many assumed he would never be able to pursue.

The 32-year-old Faircloth, a resident of North Carolina, was born withcerebral palsy that affected his arms and legs and had doctors fearing that he would never be able to walk or talk. However, using various treatments and contraptions to exercise his muscles while also feeding his love of playing golf, Faircloth was able to develop his skills and become a scratch golfer.

The development of his golf skills culminated in his recent qualification for the Disabled British Open, which will take place August 15 in England. He is the first American to ever qualify for the event.

Karl Thurber, a golf pro at the country club that Faircloth plays at, said that while Fairchild could use his disabilities as an excuse for any shortcomings, he never has done so.

“Jason has always gone about his merry way as if he has no handicap,” Thurber said. “And he wants to make a difference in his life and in others’ lives. Sometimes people will use convenient excuses for their failures or inadequacies. Jason refuses to do that, not just in golf but in life. He faces the world.”

Jason Faircloth’s story is an inspirational one for any family who has a child dealing with a birth injury such as cerebral palsy. We wish him nothing but the best of luck in the tournament. If you or a loved one have a child who was born with cerebral palsy or other types of birth injury, there may be legal action worth pursuing. Contact Sokolove Law today and speak with one of our experienced birth injury attorneys.

Cerebral Palsy

Families with children who have suffered birth injuries such as cerebral palsy are always looking for the best types of treatments and medical care that is available to them in order. One method that has been found to be an effective treatment for children with spinal issues has been Lokomat robot-assisted walking therapy.

Lokomat robot-assisted walking therapy utilizes a harness that is suspended over a treadmill with robotic leg straps on it. The patient is attached to the harness and leg straps before a computer begins moving their legs on the treadmill at a controlled speed in a natural motion. The repetitive walking pattern has been found to help strengthen muscles, Improve circulation, and teach the brain walking motions.

A recent report from CBS’s New York television station profiled MacKenzie Maher, a young girl who was born with cerebral palsy that initially left her unable to walk. However, after working with doctors and using the Lokomat method in a clinical trial, she is now able to walk on her own.

“Like before I couldn’t even keep up with my family when I was walking. Now my mom says that I have to actually slow down,” MacKenzie said.

While MacKenzie was able to get her treatments funded through the Shriners, not everyone who could benefit from Lokomat therapies may be as fortunate. If you or a loved one have a child who suffered a birth injury and need money to fund medical expenses such as Lokomat therapy, contact a birth injury attorney at Sokolove Law today to learn if you may be able to pursue legal action.

Cerebral Palsy

The family of a 10-year girl who suffered birth injuries as the result of a botched birth process at a Maine hospital has won a $3 million lawsuitagainst a midwife who conducted the delivery.

Hannah Tilton was born with severe mental retardation, blindness, the inability to speak, and a reliance on both a wheelchair and feeding tubes. Many of the birth injuries she sustained were the result of a lack of oxygen she suffered during the delivery.

However, a fetal monitor that had been put in place to monitor Hannah’s oxygen and read that there was a problem went unnoticed by a midwife at the Central Maine Medical Center in Lewiston, ME where the birth took place.

A medical malpractice case ensued following the birth complications. On July 1, following four hours of deliberation, a jury found that the midwife had breached the standard of care by not properly recognizing the warning signs.

As a result, the Tilton family was awarded $500,000 for the permanent impairment and loss of enjoyment of life that Hannah faces for the rest of her life, $345,000 to cover past medical expenses, and $2.3 million for her future medical and health-care costs.

For children who suffer a birth injury during delivery, there are usually a number of expensive medical equipment they must purchase, and treatments they must undergo, in order to live a more comfortable life. If you or a loved one are struggling to afford the financial costs associated with caring for a child who suffered a birth injury, contact a birth injury attorney at Sokolove Law today to learn more about the legal options that are available.

Birth Injury

Now that one of the most dangerous and wanted men in the country has finally been captured after 16 years on the run, we can turn our attention to the real issue: was reputed mob boss James “Whitey” Bulger exposed to asbestos?

Although Bulger appears to be in great physical shape for an 81-year-old alleged murderer, his time in the Princess Eugenia Apartments in Santa Monica, California may have put him at risk for a number of serious and deadly asbestos related diseases such as mesothelioma and asbestos lung cancer. His life could be slowly coming to an end, and he wouldn’t even know it.

Because the Princess Eugenia Apartment complex was built in 1970, the peak year of asbestos use in the United States. More likely than not, Whitey Bulger’s apartment contained asbestos.

Fireproof and durable, the deadly mineral asbestos was added into countless products from the 1930s through the early 1980s, when it was largely phased out of use due to its connection with mesothelioma and other illnesses. Products such as roofing, plaster, paint, spackle, joint compound and many other common products likely contained asbestos.

If the asbestos contained in those products is left undisturbed, the risks of asbestos exposure are low. But once the materials are disturbed through such actions as sanding, drilling, cutting, or stashing ill-gotten gains, countless microscopic asbestos fibers can be released into the air where they can be inhaled or swallowed.

Whitey Bulger may have unintentionally put himself and his girlfriend Catherine Greig at risk of mesothelioma by cutting open his wall to make the safe which held his guns and cash.

The latency period between asbestos exposure and mesothelioma can be as long as 40 years, meaning Bulger could be at serious risk of developing mesothelioma around his 120th birthday.

Asbestos