Malignant Mesothelioma Introduction - Malignant Mesothelioma Info, Mesothelioma Lawyers
An Introduction to Mesothelioma Litigation
Mesothelioma lawyers specialize in litigation related to mesothelioma cancer. Mesothelioma cancer, also known as malignant mesothelioma, is now known to be directly caused by asbestos exposure. Since asbestos exposure is the cause of mesothelioma, mesothelioma lawyer and asbestos lawyer are sometimes used interchangeably; however, there is a difference. Asbestos lawyers specialize in all aspects of asbestos litigation, including liability related to non-cancerous asbestos diseases, such as asbestosis. Mesothelioma lawyers focus exclusively on asbestos related cancer, and file only mesothelioma lawsuits. Both of these types of lawyers must show a causative link between asbestos exposure and an injury suffered by the victim. In the case of mesothelioma, asbestos exposure normally leads to death within one to two years after diagnosis.
The health hazards associated with asbestos exposure have received the attention they deserve only in the last 30 years. A study by Nicholson et al. (1982) suggested that 228,795 asbestos-related deaths would occur between 1985 and 2009. While other studies have claimed that this estimate is highly inflated, representatives from the RAND Institute for Civil Justice (a nonprofit research organization) believe the Nicholson et al. estimate is a fairly accurate estimate.
Asbestos lawsuits fall into the category of tort law (civil law) because they provide a remedy to parties injured as a result of asbestos exposure. The RAND institute for Civil Justice has recognized asbestos litigation as the longest running mass tort in US history (More than 30 years). Estimates suggest that asbestos litigation costs will eventually exceed $200 billion in the United States alone.
Mesothelioma Litigation and Awards
Mesothelioma lawsuits have been on the rise in recent years. Between 1994 and 2002, mesothelioma claims increased every year; the number of mesothelioma lawsuits filed in 2002 was double that of 1994. An explanation for the steady rise in mesothelioma lawsuits could be attributed to an increased awareness of asbestos-related illnesses and the availability of legal restitution.
By 2002, some 730,000 individuals had filed an asbestos-related claim against more than 8,400 businesses because of some type of asbestos injury. These claims represent over $70 billion in spending by defendants and insurers.
Asbestos Litigation
The dangers of asbestos were known before World War II; however, product manufacturers chose not to warn their employees or give adequate means of protection. This failure led to what has been labeled the worst occupational health disaster in United States history.
Asbestos litigation revolves around mesothelioma, asbestosis, other cancers (such as lung and bladder cancer) and pleural (lung) abnormalities. Claimants with non-malignant injuries account for the biggest growth in claims. Asbestos regulation enacted during the past years is expected to reduce the number of future cases in the United States.
About Malignant Mesothelioma
Malignant mesothelioma is a rare type of cancer that affects the serous membrane (mesothelium) lining various large body cavities. There are 2,000 to 3,000 cases of mesothelioma reported each year in the United States and the disease is estimated to have killed more than 200,000 people worldwide.
There are three distinct types of mesothelioma:
- Pleural mesothelioma affects the lining of the lung cavity (pleura) and is the most common type of mesothelioma.
- Peritoneal mesothelioma affects the lining of the abdominal cavity (peritoneum) and is the second most common type of mesothelioma.
- Pericardial mesothelioma affects the lining of the heart sac (pericardium) and is the least common type of mesothelioma.
Recent mesothelioma cancer research has revolved heavily around the development and implementation of new chemotherapy drugs.