Mesothelioma Between Disease and Law: September 2006

Tuesday, September 19, 2006

Important Questions to Ask When Selecting a Mesothelioma Lawyer

Question #1 to Ask When Selecting a Mesothelioma Lawyer:
A very important question to ask is how expenses and attorney fees will be handled for the case. The process is not fast -- preparation for the trial and then the trial itself -- will take many months (or even years).

During this time, there will be thousands of dollars of initial costs associated with preparing for the trial, such as travel, hiring expert witnesses, depositions, etc. Ordinarily, the attorney who represents you advances these initial costs that are associated with the preparation and trial.
Most attorney fees in these cases are based on contingency fee contracts. This means that the lawyers receive a percentage of the amount the victim recovers if the suit is successful. If the suit is not successful, then the attorneys earn no fee.

Question #2 to Ask When Selecting a Mesothelioma Lawyer:
The next thing to ask is what is involved in this kind of lawsuit. You want to get an overview of the process, and what your role will be in it. You also want to get a sense of how good a communicator the attorney is.

Finally, a lot is at stake financially in these lawsuits. Therefore, it is ordinarily a good idea to interview a number of attorneys before you make a final decision about who will represent you. Consider trying to get at least two or three recommendations so you can make the best decision for you..

taken from scambusters.org

Important Questions to Ask When Selecting a Mesothelioma Attorney

A Brief Background on Your Legal Rights Regarding Mesothelioma

Companies that manufacture products that contain asbestos have known for over 60 years that asbestos can cause serious diseases.
Unfortunately, because many of these companies wanted to increase their profits, they kept this information quiet, thereby seriously endangering their workers.
There are now laws that help protect the workers who have been harmed by their exposure to these asbestos-related products.
However, since representing mesothelioma can be so profitable to attorneys, it is important that people who have mesothelioma be especially careful selecting attorneys who are really qualified to represent them. Therefore, we have created a list of...

Question #1 to Ask When Selecting a Mesothelioma Attorney:
What is your personal experience in representing mesothelioma patients? Your goal is to find out how many cases the attorney has actually handled.
You also want to know: how many of these were settled, and how many of these went to trial? What were the results of each case?
You should ask the same questions about his or her law firm. You're goal is to find out about the firm -- is this an area the firm specializes in?

Question #2 to Ask When Selecting a Mesothelioma Attorney:
Next, you want to ask if the lawyer intends to actually handle your case him or herself. Many attorneys simply refer these cases to another law firm and receive part of the fee in exchange. This may not be in your best interest.

taken from scambusters.org

Treatment for Mesothelioma II

Chemotherapy
Chemotherapy refers to the use of drugs to kill cancer cells. The drugs can be swallowed in pill form or they can be injected by needle into a vein or muscle. Once the drugs enter the bloodstream, they spread throughout the body. In treating mesothelioma, these drugs may also be given directly into the chest (or abdominal) cavity at the site of the tumor. More than one drug may be used to make the treatment more effective.
Depending on the type and stage of the cancer, chemotherapy may be given as the main treatment or along with surgery. Chemotherapy for this disease is given to relieve symptoms, not to cure the cancer.

Chemotherapy can have some side effects. These side effects will depend on the type of drugs given, the amount taken, and how long treatment lasts. Side effects could include the following:
nausea and vomiting
- loss of appetite
- hair loss
- mouth sores
- an increased risk of infection
- bleeding or bruising after minor cuts
- tiredness
- shortness of breath
Most side effects go away once treatment is over. Anyone who has problems with side effects should talk with their doctor or nurse, as there are often ways to help.

Radiation Therapy
Radiation therapy is treatment with high energy rays (such as x-rays) to kill or shrink cancer cells. The radiation may come from outside the body (external radiation) or from radioactive materials placed directly in the tumor (internal or implant radiation). External radiation, the kind most often used to treat mesothelioma, can be given in the same way as the type of x-ray used to find a broken bone, although it takes longer. Treatments are usually given daily (5 days a week) for 3 to 5 weeks.

Radiation therapy is sometimes used as the main treatment for mesothelioma for patients who might not be healthy enough to have surgery. Radiation also can be used along with surgery, or as a way to ease symptoms such as shortness of breath, pain, bleeding, or trouble with swallowing. If fluid builds up in the chest, radioactive drugs can be put into the space after the fluid is drawn out. This might help keep the fluid from coming back.
There can be side effects from radiation. Most of these will go away after a short while. The skin in the area treated may look sunburned and then become darker. You may also feel tired. Be sure to talk with your doctor about any side effects. Often there are medicines or other methods that will help.

taken from AMERICAN CANCER SOCIETY

Treatment for Mesothelioma I

This information represents the views of the doctors and nurses serving on the American Cancer Society's Cancer Information Database Editorial Board. These views are based on their interpretation of studies published in medical journals, as well as their own professional experience.

The treatment information in this document is not official policy of the Society and is not intended as medical advice to replace the expertise and judgment of your cancer care team. It is intended to help you and your family make informed decisions, together with your doctor.
Your doctor may have reasons for suggesting a treatment plan different from these general treatment options. Don't hesitate to ask him or her questions about your treatment options.

If you have mesothelioma, you doctor will suggest one or more ways to treat the cancer. This is an important decision and you should take time to think about all of your choices.
You may want to get a second opinion. A second opinion can give you more information and help you feel more secure about the treatment choice you make. Also, some insurance companies require a second opinion before they will agree to pay for certain treatments.
Because this is such a rare cancer, it has been hard for doctors to compare the value of different treatments. Since many doctors have little or no experience treating this disease, you may be referred to a specialist at a large medical center. Treatment options include surgery, chemotherapy and radiation therapy.

Surgery
Surgery for some types of mesothelioma might be done to try to bring about a cure or to relieve symptoms. Surgery to relieve symptoms (called palliative surgery) is often done in cases where the tumor has already spread, or when the patient is too ill to withstand more involved surgery.
To attempt a cure, extensive surgery might be needed. This might be done if the patient is in good health (other than the cancer) and if it seems as if the tumor is confined to one place. This type of surgery is complex and is done only by surgeons in large medical centers.
Unfortunately, the cancer has often spread to other places before it is found. So the role of surgery in treating this cancer is open to debate. If your doctor recommends surgery, you can ask for more details about the operation and what the goal is.
In many cases, methods other than surgery are used to relieve symptoms. Fluid in the chest can be removed by placing a needle into the chest cavity and drawing the fluid out. Sometimes talc or drugs that cause scarring are injected into the chest to keep the fluid from coming back. A similar method can be used to remove fluid around the abdomen or heart. While these methods can relieve symptoms, they are not meant to cure the cancer.

Friday, September 15, 2006

About Mesothelioma

Mesothelioma is a rare form of cancer in which malignant (cancerous) cells are found in the mesothelium, a protective sac that covers most of the body’s internal organs. Most people who develop mesothelioma have worked on jobs where they inhaled asbestos particles.

1. What is the mesothelium?
The mesothelium is a membrane that covers and protects most of the internal organs of the body. It is composed of two layers of cells: One layer immediately surrounds the organ; the other forms a sac around it. The mesothelium produces a lubricating fluid that is released between these layers, allowing moving organs (such as the beating heart and the expanding and contracting lungs) to glide easily against adjacent structures. The mesothelium has different names, depending on its location in the body. The peritoneum is the mesothelial tissue that covers most of the organs in the abdominal cavity. The pleura is the membrane that surrounds the lungs and lines the wall of the chest cavity. The pericardium covers and protects the heart. The mesothelial tissue surrounding the male internal reproductive organs is called the tunica vaginalis testis. The tunica serosa uteri covers the internal reproductive organs in women.

2. What is mesothelioma?
Mesothelioma (cancer of the mesothelium) is a disease in which cells of the mesothelium become abnormal and divide without control or order. They can invade and damage nearby tissues and organs. Cancer cells can also metastasize (spread) from their original site to other parts of the body. Most cases of mesothelioma begin in the pleura or peritoneum.

3. How common is mesothelioma?
Although reported incidence rates have increased in the past 20 years, mesothelioma is still a relatively rare cancer. About 2,000 new cases of mesothelioma are diagnosed in the United States each year. Mesothelioma occurs more often in men than in women and risk increases with age, but this disease can appear in either men or women at any age.

taken from National Cancer Institute (NCI) Resources

High Risk Person

1. What are the risk factors for mesothelioma?
Working with asbestos is the major risk factor for mesothelioma. A history of asbestos exposure at work is reported in about 70 percent to 80 percent of all cases. However, mesothelioma has been reported in some individuals without any known exposure to asbestos. Asbestos is the name of a group of minerals that occur naturally as masses of strong, flexible fibers that can be separated into thin threads and woven. Asbestos has been widely used in many industrial products, including cement, brake linings, roof shingles, flooring products, textiles, and insulation. If tiny asbestos particles float in the air, especially during the manufacturing process, they may be inhaled or swallowed, and can cause serious health problems. In addition to mesothelioma, exposure to asbestos increases the risk of lung cancer, asbestosis (a noncancerous, chronic lung ailment), and other cancers, such as those of the larynx and kidney. Smoking does not appear to increase the risk of mesothelioma. However, the combination of smoking and asbestos exposure significantly increases a person’s risk of developing cancer of the air passageways in the lung.

2. Who is at increased risk for developing mesothelioma?
Asbestos has been mined and used commercially since the late 1800s. Its use greatly increased during World War II. Since the early 1940s, millions of American workers have been exposed to asbestos dust. Initially, the risks associated with asbestos exposure were not known. However, an increased risk of developing mesothelioma was later found among shipyard workers, people who work in asbestos mines and mills, producers of asbestos products, workers in the heating and construction industries, and other tradespeople. Today, the U.S. Occupational Safety and Health Administration (OSHA) sets limits for acceptable levels of asbestos exposure in the workplace. People who work with asbestos wear personal protective equipment to lower their risk of exposure. The risk of asbestos-related disease increases with heavier exposure to asbestos and longer exposure time. However, some individuals with only brief exposures have developed mesothelioma. On the other hand, not all workers who are heavily exposed develop asbestos-related diseases. There is some evidence that family members and others living with asbestos workers have an increased risk of developing mesothelioma, and possibly other asbestos-related diseases. This risk may be the result of exposure to asbestos dust brought home on the clothing and hair of asbestos workers. To reduce the chance of exposing family members to asbestos fibers, asbestos workers are usually required to shower and change their clothing before leaving the workplace.

3. What are the symptoms of mesothelioma?
Symptoms of mesothelioma may not appear until 30 to 50 years after exposure to asbestos. Shortness of breath and pain in the chest due to an accumulation of fluid in the pleura are often symptoms of pleural mesothelioma. Symptoms of peritoneal mesothelioma include weight loss and abdominal pain and swelling due to a buildup of fluid in the abdomen. Other symptoms of peritoneal mesothelioma may include bowel obstruction, blood clotting abnormalities, anemia, and fever. If the cancer has spread beyond the mesothelium to other parts of the body, symptoms may include pain, trouble swallowing, or swelling of the neck or face. These symptoms may be caused by mesothelioma or by other, less serious conditions. It is important to see a doctor about any of these symptoms. Only a doctor can make a diagnosis.

taken from National Cancer Institute (NCI) Resources

Mesothelioma Lawyers

Mesothelioma is a disease that, until recently, was extremely rare. To date, little is know about the condition. However, as the rate of the disease has increased, a new breed of lawyers – those dealing specifically with mesothelioma lawsuits – have stepped in to fight for the rights of victims afflicted with this disease. These lawyers and law firms often deal exclusively with mesothelioma victims and their families who wish to claim compensation from the companies that were responsible for their exposure to asbestos. These mesothelioma lawsuits often result in millions of dollars for the victims when handled by an experienced lawyer or law firm.
Those who have been diagnosed with mesothelioma have every right to file a lawsuit. Many of the companies responsible for exposing workers to asbestos were well aware of its dangers and effects, but still saw fit to let their workers continue with little or no protection against the dust and fibers that emanated from this hazardous material. Now, decades later, the effects of this exposure is taking its toll on American workers just as they reach their golden years. These workers are entitled to compensation and justice for their pain, suffering and loss of life. A mesothelioma lawsuit can provide them with such justice.

Today, there are many mesothelioma lawyers to choose from. The number of lawyers and law firms handling these lawsuits is on the rise. Many of these lawyers have dealt with numerous mesothelioma lawsuits and have a good deal of experience and knowledge about the disease. Those looking for a mesothelioma lawyer should chooser someone that has proven experience in the field. Most reputable lawyers will be happy to provide facts and figures on previous cases that they have handled. However, these lawyers often do not provide private information that might be subject to confidentiality. They can, however, provide you with details on how quickly cases were resolved, how much compensation was successfully obtained and how many mesothelioma lawsuits they have dealt with.

It is also worth finding out about the mesothelioma lawsuits that were not successful, and why they were not successful. It may be something as simple as a missed piece of evidence to failure to comply with sensitive timetables associated with such cases. These elements can make the difference between a successful and an unsuccessful lawsuit. By finding out why some lawsuits resulted in no compensation, you may be able to avoid making the same type of mistake.

It is important that you find a good, experienced mesothelioma lawyer as soon as possible after you have been diagnosed with the disease. Most states have a set time limit in which you can file your lawsuit, and it is very important that you not miss that deadline known as a statute of limitations. Otherwise you may find that you are ineligible to make a claim. You also need to give your lawyer as much time as possible to do the necessary research and put together a solid and case against the negligent parties. In short, the earlier you get to a mesothelioma lawyer, the better your chances of success.

Many people are concerned because they do not know exactly where and when they were exposed to asbestos. Some people may have worked in several different places and been exposed to asbestos on numerous occasions. However, your mesothelioma lawyer can help in identifying products that you were exposed to. If necessary, your mesothelioma lawyer will hire the services of a private investigator to find out where the exposure took place. With some research and digging, the lawyer is generally able to pinpoint the company or companies responsible for the exposure.
Again, this can take time and is another reason why it is so important to find a mesothelioma lawyer as soon as possible after the diagnosis of the cancer has been confirmed. Understandably, patients who have just been told that they have mesothelioma will have a great deal on their minds and filing a lawsuit may not be one of their priorities. However, the timely process of selecting a lawyer and filing your lawsuit can make all the difference in securing the future of your family.

The Diagnosed

1. How is mesothelioma diagnosed?
Diagnosing mesothelioma is often difficult, because the symptoms are similar to those of a number of other conditions. Diagnosis begins with a review of the patient’s medical history, including any history of asbestos exposure. A complete physical examination may be performed, including x-rays of the chest or abdomen and lung function tests. A CT (or CAT) scan or an MRI may also be useful. A CT scan is a series of detailed pictures of areas inside the body created by a computer linked to an x-ray machine. In an MRI, a powerful magnet linked to a computer is used to make detailed pictures of areas inside the body. These pictures are viewed on a monitor and can also be printed.
A biopsy is needed to confirm a diagnosis of mesothelioma. In a biopsy, a surgeon or a medical oncologist (a doctor who specializes in diagnosing and treating cancer) removes a sample of tissue for examination under a microscope by a pathologist. A biopsy may be done in different ways, depending on where the abnormal area is located. If the cancer is in the chest, the doctor may perform a thoracoscopy. In this procedure, the doctor makes a small cut through the chest wall and puts a thin, lighted tube called a thoracoscope into the chest between two ribs. Thoracoscopy allows the doctor to look inside the chest and obtain tissue samples. If the cancer is in the abdomen, the doctor may perform a peritoneoscopy. To obtain tissue for examination, the doctor makes a small opening in the abdomen and inserts a special instrument called a peritoneoscope into the abdominal cavity. If these procedures do not yield enough tissue, more extensive diagnostic surgery may be necessary.
If the diagnosis is mesothelioma, the doctor will want to learn the stage (or extent) of the disease. Staging involves more tests in a careful attempt to find out whether the cancer has spread and, if so, to which parts of the body. Knowing the stage of the disease helps the doctor plan treatment.
Mesothelioma is described as localized if the cancer is found only on the membrane surface where it originated. It is classified as advanced if it has spread beyond the original membrane surface to other parts of the body, such as the lymph nodes, lungs, chest wall, or abdominal organs.

2. How is mesothelioma treated?
Treatment for mesothelioma depends on the location of the cancer, the stage of the disease, and the patient’s age and general health. Standard treatment options include surgery, radiation therapy, and chemotherapy. Sometimes, these treatments are combined.
· Surgery is a common treatment for mesothelioma. The doctor may remove part of the lining of the chest or abdomen and some of the tissue around it. For cancer of the pleura (pleural mesothelioma), a lung may be removed in an operation called a pneumonectomy. Sometimes part of the diaphragm, the muscle below the lungs that helps with breathing, is also removed.
· Radiation therapy, also called radiotherapy, involves the use of high-energy rays to kill cancer cells and shrink tumors. Radiation therapy affects the cancer cells only in the treated area. The radiation may come from a machine (external radiation) or from putting materials that produce radiation through thin plastic tubes into the area where the cancer cells are found (internal radiation therapy).
· Chemotherapy is the use of anticancer drugs to kill cancer cells throughout the body. Most drugs used to treat mesothelioma are given by injection into a vein (intravenous, or IV). Doctors are also studying the effectiveness of putting chemotherapy directly into the chest or abdomen (intracavitary chemotherapy).
To relieve symptoms and control pain, the doctor may use a needle or a thin tube to drain fluid that has built up in the chest or abdomen. The procedure for removing fluid from the chest is called thoracentesis. Removal of fluid from the abdomen is called paracentesis. Drugs may be given through a tube in the chest to prevent more fluid from accumulating. Radiation therapy and surgery may also be helpful in relieving symptoms.

3. Are new treatments for mesothelioma being studied?
Yes. Because mesothelioma is very hard to control, the National Cancer Institute (NCI) is sponsoring clinical trials (research studies with people) that are designed to find new treatments and better ways to use current treatments. Before any new treatment can be recommended for general use, doctors conduct clinical trials to find out whether the treatment is safe for patients and effective against the disease. Participation in clinical trials is an important treatment option for many patients with mesothelioma.

taken from National Cancer Institute (NCI) Resources

Mesothelioma Between Disease and Law