KCR Press Meet from TRS office

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Mesothelioma Fraud and Conspiracy mesothelioma. The first mesothelioma-related asbestos lawsuit was filed in the United States in 1966. Although this case was lost, another mesothelioma lawsuit was filed immediately for a co-worker of the first plaintiff. This landmark case was won, and the plaintiff was awarded $80,000. Further mesothelioma lawsuits were filed during the succeeding years. The conspiracy to hide the dangers of asbestos from employees began to unravel, and fraud of massive proportions was uncovered. Executives and managers knew of the link between mesothelioma and asbestos for many years but purposely hid these dangers from their employees. Mesothelioma Fraud and Conspiracy In 1978, a deposition was taken in which an asbestos plant manager divulged that the policy in the company was not to discuss chest findings or other medical results suggesting a relationship between asbestosis or mesothelioma. It was known as the "hush hush" policy. During this time a number of documents emerged clearly demonstrating fraud and conspiracy. The documents showed that as early as the 1930s, companies had made direct efforts to hide the hazards of asbestos. Since fraud and conspiracy were clearly part of the strategy of these companies, the extent and latitude of the mesothelioma litigation took on a new perspective. The plaintiffs could expect to receive much larger sums from the mesothelioma lawsuits due to the punitive nature of the verdicts. Now many of the asbestos companies have declared bankruptcy, but the courts have set aside sums of money for persons who have been damaged by the fraud and conspiracy surrounding this deadly disease. Increase in Cases The court systems have seen a steady rise in the number of cases brought before them for mesothelioma litigation. Since 1994, this area of law has doubled the amount of civil lawsuits on the court docket. The claims have also increased each year for mesothelioma litigation. Mesothelioma litigation falls under the category of asbestos litigation. Malignant mesothelioma is a rare cancer whose only known cause is asbestos exposure. Asbestos litigation involves all the different kind of injuries incurred as a result of asbestos exposure. Asbestos was one of the first airborne contaminants to be regulated as part of the Clean Air Act in 1970. Product manufacturers knew the health hazards associated with asbestos exposure long before the harmful mineral was regulated; as far back as the 1930's. In fact the ancient Romans and Greeks also recognized that asbestos caused lung disease. Asbestos product manufacturers around the world refused to protect their consumers or employees, despite overwhelming evidence of asbestos hazards presented over the years. It has made such companies liable for any asbestos-related health problems caused as a result of their actions to hide their knowledge, and inactions in taking measures to protect workers and consumers. There has been a steep rise in asbestos litigation in the last thirty years, allowing lawyers and firms to specialize exclusively in asbestos-related cases. Asbestos litigation is premised upon the liability of manufacturers of asbestos and asbestos products, for the harm caused by exposure to these products. It was once thought that asbestos litigation had peaked, but because thirty or more years can pass before the asbestos-related diseases manifest a large number of new cases are filed each year. Asbestos litigation falls into a category of tort law (civil law) because it provides a remedy to parties injured as a result of asbestos exposure. A law firm or attorney associated with this type of litigation must have an expert understanding of asbestos and asbestos-related diseases. The must be able to discuss in great detail the medical aspects of the case in court, often cross examining doctors. Due to the long latency period between asbestos exposure and contraction of asbestos-related diseases, claimants are often unsure of when, where, and how they came in contact with this dangerous fibrous mineral. Asbestos lawyers are responsible for pinpointing the source of the exposure and bringing all liable parties to account. Mesothelioma lawsuits are part of asbestos litigation that began shortly after asbestos was regulated in 1970. These lawsuits provided a way for sufferers of mesothelioma, asbestosis and other diseases to receive compensation from the parties responsible for their asbestos illness. An attorney handling a mesothelioma lawsuit case is a specialized asbestos lawyer whose focus is mesothelioma litigation. They must show a link between asbestos exposure and an injury suffered by the victim. Mesothelioma lawyers help determine all parties liable for contracting malignant mesothelioma in addition to locating the source of asbestos exposure. This is a difficult task considering the fact that malignant mesothelioma is a disease that can take anywhere from 30 to 50 years to develop and become symptomatic. Lawsuit Compensation A number of factors determine the amount of mesothelioma compensation, some of which include medical expenses incurred, pain and suffering, lost wages, state law, and the parties responsible for putting the workers at risk. Studies concluded the eventual cost of litigation would exceed 200 billion dollars in the United States. Settlements out of court are often made to avoid the possibility of high mesothelioma compensation rulings and these settlements often run into the millions of dollars. Many in the legal industry believe that a global settlement model is needed to ensure future mesothelioma claimants are able to receive compensation for their suffering. Before 2006 Congress was considering the Fairness in Asbestos Injury Resolution Act (FAIR), legislation prompting the establishment of a 140 billion dollars mesothelioma compensation trust through which victims receive resolution for their pain and suffering. The FAIR act evolved from previous attempts at setting up a trust fund, all of which failed due to the inability of defendant corporations, insurance companies, and claimant attorneys to reach an acceptable compensation structure. Unfortunately the FAIR act failed to get anywhere in Congress. As of May 2008 there are no ongoing attempts to remedy this situation.