Healthy News

Court Decisions that Protect and Compensate Asbestos Workers

Asbestos is a dangerous substance that causes the debilitating disease of asbestosis, and the fatal cancer, mesothelioma. Asbestos workers are exposed to scarring asbestos fibers in excessive amounts on a daily basis. Employers who ignore the dangers won’t be ignored by the courts.

Asbestosis and mesothelioma affects asbestos workers around the world. National and international lawyers and judges are making room on their desks for voluminous stacks of medical records that are entered as evidence in mass litigation proceedings for asbestos workers who were unaware, and unprotected, from the dangers of inconspicuous deadly asbestos fibers. Employers have the responsibility to protect the safety and health of the employees, and in today’s modern societies, it is legally mandatory for employers to protect their employees from danger. Company fines and business closures can result for those companies that put profit over people, and so can litigation resulting in millions of dollars of compensation paid to injured workers.

Asbestos workers have joined together to set precedent court decisions in asbestos cases that will facilitate faster trial decisions and undermine confusion in the interpretations of the occupational laws.

Many workers, however, do not receive just compensation. Lack of medical records, multiple possible causes of lung disease, unawareness of the right to legal compensation, or the lack of legal representation, prevents many asbestos workers from receiving their just compensation for asbestosis or mesothelioma.

Although workers compensation cases have been recognized in the courts since the 1920s, the first US trial against an asbestos product wasn’t held until 1966 by plaintiff Claude Tomplait. The case lasted three years, and the decision was made on behalf of the defendant. In 1969, Claude’s lawyer then represented Clarence Borel, a co-worker of Claude’s, against the same defendant. This case lasted four years, and in 1973, a historical landmark decision was made on behalf of the plaintiff, Clarence Borel (Borel v. Fibreboard Paper Prods. Corp., 493 F.2d 1076 (5th Cir. 1973). It was officially deemed that not only must manufacturers must warn consumers of danger, but they are responsible for staying informed with regard to scientific discoveries that have an impact on their products. If a manufacturer fails to do so, they will be liable for physical harm. Since 1973, there have been well over 100,000 asbestos cases filed in US courts. Asbestos cases are currently the longest mass tort in US Court history. In 1982, court opinion in Beshada (Beshada v. Johns-Manville Products Corp., 442 A.2d 539 (N.J. 1982)), humanely stated, “the burden of illness…should fall on those who profit from its production…”, throwing out a “state of business practices at the time” defense that defendant asbestos companies were praying upon for relief.

Around the world, the deadly consequences of working with asbestos is gaining increased recognition, and asbestos workers are gaining increased support in their court bids for compensation of asbestosis and mesothelioma. In 1989, Australia established the Dust Diseases Tribunal for asbestos cases, and in 1991, Australia banned asbestos. In 2005, the European Union followed with their own ban on asbestos. In the UK, a compensation fund for asbestos workers diagnosed with mesothelioma has been established within the Department of Societal Development. This fund disperses payment to mesothelioma patients within a week of the diagnosis of mesothelioma and reduces the risk of a mesothelioma patient dying before receiving a settlement (which frequently happens with lengthy civil trials).

Asbestosis and mesothelioma patients suffering from incurable and fatally progressive diseases due to employer negligence and manufacturer’s disregard for danger are due compensation for their pain, and employers are beginning to pay. Sadly, employers have to pay with their bank accounts, but asbestos workers have to pay with their life.

Mesothelioma is a deadly cancer. Statistics on asbestos diseases show the odds for living more than a few years after diagnosis of the cancer are slim. But some people beat the odds.

Mesothelioma patients know death is imminent – with or without cancer. But statistics on the incurable nature of mesothelioma brings the fearful immanency of death too close for comfort. Early cancer diagnosis improves the chances of eradicating asbestos-instigated tumors, but most doctors will still testify that the chances of eradicating the disease after diagnosis at any stage is slim to none. The cancer cells simply grow back.

For some asbestos cancer patients, the statistics ring true. For a select few, the statistics on mesothelioma and asbestosis made them fight harder to live – driving an insatiable desire to learn every medical term and every treatment option, along with the details and outcomes of clinical trials and medical experiments that were constantly evolving around the world. Drive and logic mixed with faith and luck – and maybe mixed with a few good genes and excellent medical care – added unprecedented months and years onto the lives of a lucky few.

Paul Kraus, a current author on surviving asbestos-related cancer, has thus far lived ten years since recovery – he credits his research, diet and alternative treatment choices. Karen Grant, a current broadcaster on surviving cancer and one of the youngest mesothelioma patients, has had her tumor completely removed and no longer undergoes chemotherapy. Jodi Page, another young woman, has also been free for years after a lung removal. Richard Archer, a former asbestos worker, was originally told he would never see another Christmas. He got the greatest Christmas gift of all – living to see years of more Christmases without chemotherapy.

Clinical trials are responsible for many life-saving and life-changing events. Karen Marcum, 65 was saved by a virus therapy, Bunny Morrow, 72, credits gene therapy to saving her from the deadly asbestos disease. Stephen J. Gould, a well-known Popular Science magazine contributor, biologist and historian lived 20 years past his mesothelioma diagnosis. Craig Kozicki, a chemical engineer was diagnosed in 1998 at the age of 42. He is alive and well today, almost ten years later, sharing his story to give hope to patients who are shrouded in darkness with the bleak statistics of survival rates. Librarian Bonnie Anderson was diagnosed in 2001 and is alive and active today. Kendra Ferreira, an artist and mother of 3, was diagnosed around the same time. Although tired, she is caring for her family and working today. Everyone does not die from mesothelioma.

In all the survival stories, patients did not limit themselves to one prognosis, one treatment method, or one opinion. Heavy research was done, multiple doctors were questioned and multiple treatments were evaluated. The patients faced obstacles with family, health insurance and finances – yet they continued seeking original and alternative ways to finding solutions to their problems. Family support, support from strangers, fundraising and benefits contributed to many success stories. Hope contributed to all – and today these survivors continue to share their stories for the benefit of other cancer patients. What is original about these stories? Not all of these patients were exposed to asbestos. Some success stories are from women substantially younger than classical textbook cases, yet others are a prime example of a classical case of the asbestos cancer.

Mesothelioma is not always fatal – years can be added on to the months of the original prognosis. The disease is rare. It is not easily discovered. Most doctors have not experienced first-hand diagnosis or treatment of a mesothelioma patient. The patient must take their life into their own hands and direct their treatment. They must be strong in a time of searing depression and despair. There is hope and there is a chance to shun statistics and live the life that was meant to be. Just stop searching for statistics, and start searching for solutions.