Mesothelioma Asbestos

History of Asbestos

The history of asbestos goes back centuries, to the travels of Marco Polo in China. The people he encountered there had many different names for asbestos and used it as insulation or braided into rope. They even used braided asbestos as indestructible wicks for oil lamps. The more modern history of asbestos began in the industrial age when use became widespread. Asbestos was used to insulate steam and fire-powered machinery.

By the middle of the 20th century there were thousands of different uses for asbestos including fire retardant coatings, concrete, bricks, pipe and ceiling insulation, flooring, and roofing. With the dawning of the industrial age, asbestos was increasingly used as insulation in the United States. Beyond that, asbestos was also used in automotive parts, such as brake shoes and clutch facings. Building materials, including HVAC and electrical insulation, floor and ceiling tiles, roofing materials, caulking, textured paints, and wallboard all contained asbestos. Even small kitchen appliances, paper products, chalkboard, and textiles. In the 1970’s, the U.S. placed a freeze on the production of most asbestos products. New uses in products that have not historically contained asbestos are also forbidden. However, today, many products remain in use that still contain asbestos, and must be labeled as such according to federal law.

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The VA and Asbestos Exposure

Veterans may be eligible to receive service-connected compensation if they were exposed to asbestos during their time in service and developed an asbestos-related disease. In order to be eligible, a Veteran must not have been dishonorably discharged; must have been exposed to asbestos during military service; and the asbestos-related disease must be linked to the asbestos exposure during service. The VA also requires Veterans to produce evidence of their exposure while in military service and that the disease is related to that particular exposure. Further requirements for filing a claim for asbestos-related compensation from the VA can be found on the U.S. Department of Veterans Affairs website.

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Asbestos and the Military

Navy veterans are particularly at risk for asbestos-related diseases since from 1940-1970, asbestos was used in virtually every part of ships: boilers, adhesives, pipes, flooring, valves, engine parts and pipe coverings. According to one study completed by the Mt. Sinai School of Medicine, 86% of shipyard workers with more than 20 years’ experience will go on to develop asbestos-related diseases such as mesothelioma.

The risk isn’t just to those building or repairing the ships either. Longshoremen who loaded the ships were also at risk for significant asbestos exposure and those working in shipyards often carried asbestos fibers home on their clothes, putting their families and children at risk of asbestos exposure and future diseases. While the Navy was trying to keep its sailors safe by fireproofing its ships, it did not know that the asbestos it was using would later cause health problems for enlisted men and women as well as their families.

Members of the Army and Marine Corps were also exposed to asbestos. Many military installations built before 1980 contained asbestos tile flooring, asbestos ceiling tiles, asbestos wall insulation, asbestos cement in the foundations of many military buildings, and asbestos in the brake pads of many military vehicles. Thousands of enlisted men and women have been further exposed by the unsafe removal of asbestos products during the demolition of base facilities and shops.

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Mesothelioma

Mesothelioma is a rare but deadly form of cancer that attacks the lining of lungs, stomach or heart. Victims of mesothelioma may have lived or worked around asbestos products for years without knowing the danger it posed. Once breathed in, asbestos particles can remain in the protective lining that covers many of the body’s vital organs for decades, causing damage years before an individual is diagnosed with mesothelioma.

There are several different types of mesothelioma, depending on area of the body that is affected. While pleural (lung) mesothelioma is the most common, other types can affect the lining of the abdomen or the heart. Here are the types of mesothelioma and their symptoms:

Pleural Mesothelioma (Lung)

The most common type of asbestos cancer is pleural mesothelioma. Approximately 75% of all mesothelioma cases are this type. The pleura are the mesothelium around the lungs and in the chest. Scientists believe that asbestos particles become lodged in the pleura after they are breathed in, and irritate the lining. Asbestos can remain in the lung lining for 30-40 years before mesothelioma is diagnosed.

Symptoms of pleural mesothelioma include:

• Persistent coughing
• Shortness of breath
• Tightening in the chest

Since the symptoms of this cancer are so closely related to other respiratory illness such as bronchitis and pneumonia, pleural mesothelioma may be initially misdiagnosed.

Peritoneal Mesothelioma (Abdomen)

When mesothelioma is found in the lining of the abdomen, it is called peritoneal mesothelioma. Medical experts think that asbestos might travel through lymph system to get to the abdominal lining, or that particles may have been inadvertently swallowed by those working around the substance. It is estimated that anywhere from 10-30% of asbestos cancer cases are peritoneal mesothelioma.

Generally, peritoneal mesothelioma seems to be diagnosed 20-30 years after exposure to asbestos.

Symptoms include:

• Gastrointestinal problems
• Abdominal pain
• Distended abdomen

Pericardial Mesothelioma (Heart)

The rarest form of mesothelioma affects the lining around the heart. No one knows exactly how asbestos makes its way to the heart lining, but some experts think that small pieces might break off from particles lodged in the lung lining and travel through the bloodstream to the heart.

Less than 10% of all mesothelioma cases are of the pericardial type. As the asbestos creates fluid around the heart, symptoms of the cancer include irregular heart activity.

Symptoms include:

• Heart palpitations
• Chest pain
• Fatigue

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Asbestosis and Asbestos-related Diseases

Exposure to asbestos increases the risk of asbestosis and other respiratory and gastrointestinal cancers such as those found in the lungs, throat, esophagus, and colon. Asbestosis is an inflammatory condition of the lungs that can result in coughing, shortness of breath, and – in some cases – permanent lung damage.

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The Claim Filing Process

An asbestos injury trust claimant will submit a claim and any necessary supporting documents electronically or manually. The claim will then enter the trust’s claims processing system and will be handled in the order received. From there the claim is reviewed by the trustee and its claims processing center. At this point the claim is either considered deficient or not. If a claim is considered deficient, it will be sent back to the claimant asking for additional evidence or information. It is then the responsibility of the claimant to obtain the information the trust is seeking. If the claimant is unable to locate or provide the information requested, the claim is in danger of being denied. This is just one of many points along the claim filing process where it will be beneficial to have a Kyros Law Group asbestos attorney working for you. Our attorneys can help you locate the necessary information or at least help you understand what additional information the trust may be seeking to get your claim back on track.

If a claim is not deficient the trust will send the client a release from liability along with an offer to settle. This is the next point where it will be beneficial to have a Kyros Law Group asbestos attorney working for you. Our asbestos attorneys have decades of experience and can determine whether or not the settlement offer is fair to you. They will explain the offer as well as what signing a release would mean going forward. The asbestos trust has years of experience on its side, you should have the same protection afforded to you. Our attorneys will make sure your interests are represented in deciding whether or not to accept the offer.

If the claimant does not accept the offer, the claim will likely go to some form of alternative dispute resolution such as mediation or arbitration. At this point it will be important for you to be represented by an attorney. Kyros Law Group attorneys have a wealth of experience in negotiating on behalf of clients and will fight hard to get you what you deserve.

If no settlement can be reached by this point, the claimant can file suit against the trust. Our attorneys can guide you through the whole process. Let our experience work for you. You will not have to travel anywhere and there will be no upfront costs. Our asbestos attorneys are ready to fight for you.

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Mesothelioma Settlements &
Asbestos Trust Funds

Over time many companies have been forced to declare bankruptcy due in part to their asbestos-related liability. Filing for bankruptcy generally stops any civil lawsuits from being filed against the company. However, should a company seek to reorganize under Chapter 11 of the federal bankruptcy code it must establish a trust to settle all future asbestos liability. Assets from the company will be put into the trust for investment and management. In the last decade, the number of asbestos personal injury trusts has increased to almost 60 with combined assets of over $18 Billion set aside for victims. The trust funds were setup to help those who were affected by asbestos and Mesothelioma. From 2006-2012 almost $15 billion was paid from the asbestos trusts to settle claims. Companies who did not file for bankruptcy protection and are still solvent may be sued directly in tort by plaintiffs who were allegedly harmed by the company’s asbestos product.

Filing a Mesothelioma Claim with an Asbestos Trust

Trust Distribution Procedures (TDP) are documents which describe the process an individual must follow in order to file a claim with an asbestos injury trust. The TDP will also detail how a claim is reviewed, what makes a claim qualified, and how a claim is paid once it is determined to be qualified. A TDP will usually have a list of injuries the trust will provide compensation for as well as predetermined dollar amounts associated with each injury. All asbestos injury trusts follow specific procedures so it is important to choose an attorney who has experience in dealing with asbestos injury trusts. The asbestos attorneys at Kyros Law Group have gained decades of knowledge from filing claims on behalf of hundreds of clients. Our attorneys know the ins and outs of asbestos injury trusts and can help you get the compensation you deserve. We understand that filing a claim may seem overwhelming, so let us handle that process for you. We’ve recovered millions of dollars from asbestos injury trusts and want to help you get rewarded for your pain and suffering.

The process of filing a claim can seem intimidating. Let us walk you through and show you why hiring Kyros Law Group as your asbestos attorney is the best way to deal with an asbestos injury trust.

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