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Mesothelioma: A Thriving Practice Area

published February 05, 2007

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( 9 votes, average: 3.8 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.
Since then, it has been estimated that at least 8 million miners, factory workers, insulation manufacturers, railroad workers, ship builders, gas mask manufacturers, construction workers, and others who may have been continually exposed to asbestos fibers are now at risk for one of the most deadly asbestos-related diseases: mesothelioma. Because this disease has affected so many people throughout the United States, many attorneys have developed practices devoted to lawsuits against the companies that were responsible for asbestos use and exposure.

Mesothelioma is a type of cancer that affects the mesothelial lining of the lungs and chest cavity, the peritoneum (abdominal cavity), or the pericardium (a sac surrounding the heart). It develops when fibers from asbestos get lodged in the lungs' tissue. Because the fibers are too large for the lungs to expel, they remain in the tissue.


Unlike other lung diseases, mesothelioma has no association with smoking. According to experts, it has already killed at least 43,000 Americans since 1979, and many more will suffer from the disease, as it does not reveal itself for at least 20 to 50 years after exposure. There is no cure for the disease, and most patients diagnosed with it die within 12 months.

The first asbestos-related case filed against manufacturers took place in 1929. Since then, the number of cases has increased dramatically, primarily after the 1970s. Over the years, more cases have arisen, most of which have concerned mesothelioma. According to Steven Patti, Partner at Clapper, Patti, Schweizer & Mason in Sausalito, CA, near San Francisco, "Cases filed used to be milder, but now cases filed are mainly mesothelioma cases. Courts have begun to make it harder and harder to file suits unless the conditions are more serious."

Because of the high numbers of lawsuits against companies who used asbestos in previous years, a plethora of firms have developed mesothelioma practice areas. Some firms, like Clapper Patti, are even 100% devoted to these types of cases. "To be a mesothelioma attorney, it takes a lot of experience—knowledge of the medicines, the science of it, and its exposure. Most attorneys who practice in that area tend to stay within that focus because it is so specific," said Patti.

Since there are more damages associated with this disease, it has become a more in-demand practice area, meaning that we should expect to see more mesothelioma-focused firms sprouting up throughout the country. Handling approximately 25 mesothelioma cases per year, Clapper Patti is only a small part of what is going on.

The American Bar Association reported that by the end of 2000, "more than 600,000 individuals, the vast majority of whom had not developed—and may never develop—an asbestos-related illness, had brought claims" against a total of 6,000 defendants.

"The first prominent cases were filed in the early- to mid-1970s. A lot more were filed by the 1980s. By the mid-1990s, it had reached its peak, with tens of thousands filing cases," said Patti. "Experts have been predicting a drop-off in case filings for years, but it looks like the new height of filings will fall between now and the year 2015." That's right—2015. In fact, experts report that the height of filings is estimated to peak sometime between the years 2010 and 2020.

Bill Carlson, a retired efficiency expert from Merritt Products, a fiberglass and plastics company that operated in the 1960s and has since been sold, was diagnosed with mesothelioma last year. Carlson, who maintained a strong and active daily exercise regime, began to notice chest-wall pain, wheezing, hoarseness, and coughing when he went swimming every morning. He later found out that he had pleural effusion, or fluid surrounding the lungs.

Once he had the area drained, doctors began asking questions about his past health and where he was working in the 1960s. Even though he never directly handled or came into contact with asbestos, the 10 years of exposure he experienced while working within his company's building was enough to do severe damage. Three-and-a-half weeks later, once Carlson's doctors concluded that he had mesothelioma, the 70-year-old began to undergo chemotherapy to get rid of the cancer.

Today, after an exhausting year of chemotherapy and tests, Carlson and his wife, Marsha, are only focused on one thing: seeing that he beats the disease. "He was more concerned with it not spreading; it was enough of a shock," said Carlson's daughter, Sheril Reynolds.

Until now, Carlson has not been interested in suing the company that he used to work for for a couple of reasons. First of all, he and his wife saved well for retirement and do not necessarily "need anything" else monetarily. Secondly, since the company he worked for was sold in the 1970s, he has not wanted to try to track down the responsible party.

Only recently has Carlson wised up to why he really should file a lawsuit. A leading doctor at his new mesothelioma research and treatment facility in Nevada told Carlson that it would be in his best interest to sue because, despite the fact that Merritt Products was dissolved years ago, negligence was demonstrated by the manufacturer that sold his company the asbestos materials. On the brighter side, Carlson also found out that many lawyers who defend mesothelioma victims donate portions of their earnings from the cases to research and advancement toward a cure for mesothelioma.

Unfortunately, not all mesothelioma lawyers are so philanthropic. It has become apparent that many mesothelioma lawyers are in the practice simply because mesothelioma has become so rampant and the cases are always winning propositions for the plaintiffs. Because of this, lawyers are cashing in—big time. In fact, the current owner of the Baltimore Orioles, Peter Angelos, just happens to be a mesothelioma attorney. He was the leader of a group of investors who purchased the team for $173 million in 1993. Coincidence? I think not.

Residents of Las Vegas, NV, Carlson and his wife have high hopes as he prepares to seek further treatment at a local center that specializes in mesothelioma. Because of his tip-top bill of health, Carlson is even participating as a subject in a new two-year study that should help researchers and doctors figure out more about the destructive disease and how to get rid of it.

Carlson is only one of at least 8 million workers who were put at risk for this disease more than 30 years ago. As the height of filings will likely be upon us within the next three years, many law students and young attorneys should consider battling for retirees like Carlson who deserve compensation for their struggles with the disease.

published February 05, 2007

( 9 votes, average: 3.8 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.