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Friday, February 8, 2019

Asbestos law work

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Asbestos law work

Asbestos and law

Litigation related to asbestos injuries and property damage has been claimed as the longest-running mass lawsuit in U.S. history. Because asbestos-related diseases were identified by the medical profession in the late 1920s, cases of workers' compensation were submitted and also resolved in secret, with a flood of litigation that began in the United States in the 1970s, and peaked in the 1980s and 1990s. Submission of a complex multi-district large-scale litigation (MDL) still pending in the Eastern District of Pennsylvania for more than 20 years. Because many of the cases of scarring-related injuries have been resolved, asbestos litigation continues to be fought among litigants, especially in cases brought individually for cases of terminal asbestosis, mesothelioma, and other cancers.

Background
In the late 19th century and also the beginning of the 20th century, asbestos was considered an ideal material for use in the construction industry. It is known as an excellent fire retardant, has very high electrical resistance, and is not expensive and easy to use.

The dangers associated with asbestos arise especially when fiber becomes airborne and is also easily inhaled. Because of the size of the fiber, the lungs cannot remove it. These fibers are also sharp and penetrate internal tissues.

Health problems associated with asbestos include:

Asbestosis Lung disease was first discovered in textile workers, asbestosis is one of the scar tissue in lung tissue produced from the production of growth factors that stimulate fibroblasts (scar-producing lung cells) to multiply and synthesize scar tissue in response to injury by inhaled fiber. Scarring eventually becomes so severe that the lungs can no longer function. The latency period (meaning the time needed for the disease to develop) is often 10-20 years.

Mesothelioma Cancer of the mesothelial membrane of the lungs and chest cavity, peritoneum (abdominal cavity) or pericardium (sac surrounding the heart). Unlike lung cancer, mesothelioma has no connection with smoking. One of the established factors is exposure to asbestos or similar fibers. The latency period for mesothelioma may be 20-50 years. The prognosis for mesothelioma is bleak, with most patients dying within 12 months after diagnosis.

Cancer - Cancer of the lungs, digestive tract, kidneys, and also the larynx has been linked to asbestos. The latent period for cancer is approximately 15-30 years.
Diffuse pleural thickening

There is a lot of international controversy regarding rights and also the perceived errors related to litigation over compensation claims related to asbestos exposure and the alleged subsequent medical consequences. Some measures of the various views expressed in legal and political circles may be exemplified by the two quotations below, the first from Prof. Lester Brickman, an American legal ethicist who wrote at the Pepperdine Law Review, and second, Michael Wills, Member of the British Parliament, spoke in the House of Commons on July 13, 2006

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Mesothelioma in England
The UK has one of the highest rates of mesothelioma in the world, mainly because the British government allows the use of asbestos long after other countries prohibit the use of these minerals.
Apart from allowing the use of asbestos, shipbuilders have historically been among the people most affected by mesothelioma, and also the shipbuilding industry played a large role in British history, especially around the time of World War II.

The cause of this disease is related to asbestos exposure, and also shipbuilding throughout the world featuring hundreds of asbestos products used for insulation, including vessels used in the British Armed Forces. The material was considered ideal for use aboard ships until the 1980s. Asbestos can be found in the engine room or kettle, as well as on walls, floors and ceiling of rooms such as beds and kitchens. Shipbuilders and those on duty on military ships can breathe asbestos fibers in the air while working on ships.

However, the researchers admit there is a possibility that the percentage of people affected by mesothelioma in the UK is now the same as before, but tracking the disease now is much better.
As in most countries, the majority of the UK population who dies of this disease is approximately 65 years old, although some younger individuals have been diagnosed because of second hand exposure and indirect contact with asbestos material. Men comprise about 80 percent of people who receive a diagnosis of mesothelioma in the UK, which also corresponds to cancer profiles throughout the world.

However, the annual number of deaths among women has increased faster than the increase among men over the past 10 years. Figures for women rose by around 68 percent in the last decade, compared with 35 percent for men. Women are often exposed to asbestos indirectly by living in an area near an asbestos plant or in contact with people who work with asbestos.

Who Is At Risk?
People in the UK who worked in the shipbuilding industry before the 1980s and also who served on boats containing asbestos were at high risk of developing asbestos and mesothelioma. Famous ships are loaded with asbestos insulation and asbestos parts.

When the ship is mounted retro, maintained or repaired, there is a risk of asbestos fibers becoming airborne. These fibers are the basis for asbestos-related diseases.

Construction workers in the UK are one of the other high-risk groups, mainly because asbestos is so prevalent in old buildings and residences in the country. Structures that were established or renovated before 2000 may contain asbestos. In comparison, buildings built after the 1980s in the United States were considered to have only a minimal amount of asbestos, if any at all.

Other jobs that are at high risk for exposure to asbestos include HVAC engineers, plasterers, roof contractors, demolition crews, painters, plumbers, maintenance workers and teachers.

Other jobs that face high exposure risks include:

- Carpenter
- Join
- Plumber
- Boiler maker
- electricity

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Mesothelioma based on location in the UK
The UK Health and Safety Executive (HSE) shows there is a general increase in the number of deaths from mesothelioma in most regions of the country. The only area that saw a slight decline for men was in Scotland, Northeast, Southeast and West Midlands. Upward trends for women are found in all regions.

The 20 most affected sites in the UK are:

- Barking and Dagenham
- Barrow-In-Furness
- Crewe and Nantwich
- Eastleigh
- City of Glasgow
- Gosport
- Hartlepool
- Havant
- Inverclyde
- Medway
- Newcastle-upon-Tyne
- Newham
- North Tyneside
- Plymouth
- Portsmouth
- Renfrewshire
- South Tyneside
- Southampton
- Sunderland
- West Dunbartonshire

Asbestos is also widely used in factories, chemical plants, power plants, refineries, commercial buildings and also homes and schools in the UK. Little thought was given to the potential dangers of minerals, although scientific findings since the 1920s and in the 1930s showed that these substances caused serious respiratory diseases in individuals exposed to airborne asbestos fibers.

In the 1970s, it became clear that cases of mesothelioma and other asbestos-related diseases were increasing in England, Scotland, Wales and Northern Ireland. Legislators recognize the need to take measures to control and possibly ban the use of these toxic materials, and hospitals are aware that they need to take into account people who need special care for this rare cancer.

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