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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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