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* Morphine
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* Swollen legs
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* Legal rights — Call today
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In the 1930’s, information began to surface that asbestos was hazardous. By the 1950’s, the substance was a known carcinogen. Big corporations knew it and continued to use it. As a result, today many people are being diagnosed with mesothelioma, a type of cancer which is only known to be caused by asbestos exposure. Dying from mesothelioma is an extremely painful death, an individual basically drowns in their own lungs; and to add insult to injury, it was 100% preventable.
Tort reform has proven to be very detrimental for families whose lives have been dramatically altered simply because of the use of this toxic substance in their loved one’s industrial workplace(s). Based on my own experience, it NOW takes a ridiculous amount of time for a person’s case to go through the legal system, and be presented to a jury, thanks in large part to Texas’ Tort Reform passed in 2005 by HB4. Justice delayed is justice denied. Often times, the injured party dies before having the opportunity to have his or her voice heard through the litigation process. I urge everyone to get involved and find out where the candidates stand on the issues that could affect you. For instance, in the last election affecting Calhoun County, upon conducting my own research to determine the candidates views I found that Juan Garcia, who is running for state representative of District 32, is another candidate who understands and has a compassion for the people of this area, many being industry workers. I heard an advertisement on the radio regarding Juan Garcia seeking to “fatten the wallets of trial lawyers” by supporting frivolous lawsuits. In actuality, Juan Garcia supports those people who have been diagnosed with terminal cancer, in many instances, solely caused by a corporation’s greedy desire to increase their bottom line. In other words, there are industry workers who lost their lives because corporations did not stop using products that were known to cause cancer. If these corporations had stopped using toxic materials earlier, many lives could have been saved. There is nothing frivolous about that!
I have had the opportunity to personally know two great individuals, and watched them die needlessly with mesothelioma, a cancer caused by asbestos exposure. After those experiences, I was determined to speak out on the issue, and do what I could to try to inform people of the facts, the issues and the problems of the justice system with respect to this type of litigation. Something needs to be done to protect the people who have already suffered and lost so much, as well as those that will. You can rest assured that big business(es) that caused these injuries are doing all that they can to limit their asbestos liability, wherein a bottom line out-weighs a human life.
TOP 10 ASBESTOS MYTHS:
10. The EPA banned asbestos.
FALSE. The EPA tried, but the 5th Circ. disagreed, and the first Bush administration did not appeal the case to the U.S. Supreme Court.
9. If workers would have worn masks, they would have been protected.
FALSE. At best, masks were faulty and ineffective.
8. Asbestos is still in use today.
TRUE. See #10 above.
7. Mesothelioma, a rare form of cancer caused by asbestos exposure, is NOW tracked as a cause of death by the federal government.
TRUE. In 1999, the federal government began tracking Mesothelioma as a cause of death.
6. The asbestos industry and lobbyists have aggressively sought to characterize the asbestos issue in America as a “litigation crisis.”
TRUE. This effective campaign deflects the publics’ attention away from the culpable companies responsible for those injured or killed by asbestos.
5. Big business selling, marketing, manufacturing, or otherwise distributing asbestos did not know that asbestos was harmful.
FALSE. They did know. In most cases, there are internal company memos evidencing such knowledge, however, the bottom-line, profits outweighed human life. 4. Tort Reform makes your insurance premiums decrease.
FALSE. Many advocates of tort reform promised this, but to date, have not delivered. Where is the proof? 3. Litigation is out-of-control due to greedy trial lawyers.
FALSE. The asbestos industry and lobbyists have spread this idea in an effective effort to persuade Congress to pass legislation that will shield them from taking meaningful responsibility for their actions. Related to this goal, the asbestos industry links the ailing U.S. economy to the many asbestos-related bankruptcies. Many companies in the asbestos industry in the midst of a Chapter 11 bankruptcy, which is a reorganization of their debts, have two faces. A face they put on for Congress when whinnying about asbestos litigation and a totally different face they put on during shareholder meetings when they indicate it is business as usual; that the asbestos-related bankruptcies do not affect profits. 2. Presently, to file an asbestos-related lawsuit in Texas, you must have an asbestos-related cancer, mesothelioma, asbestosis so severe that it qualifies under TCPRC (Texas Civil Practice & Remedies Code) Chapter 90 various sections, or be dead due to asbestos.
TRUE. Thanks to HB4 – Texas’ Tort Reform passed September 1, 2005.
1. Asbestos-related bankruptcies kill business and jobs.
FALSE. The asbestos industry and lobbyists have spread this idea in an effective effort to persuade Congress to pass legislation that will shield them from taking meaningful responsibility for their actions. Related to this goal, the asbestos industry links the ailing U.S. economy to the many asbestos-related bankruptcies. Many companies in the asbestos industry in the midst of a Chapter 11 bankruptcy, which is a reorganization of their debts, have two faces. A face they put on for Congress when whinnying about asbestos litigation and a totally different face they put on during shareholder meetings when they indicate it is business as usual; that the asbestos-related bankruptcies do not affect profits.