Archive for April, 2008

Lawsuit Indicates Popular Toy Contaminated with Asbestos

Wednesday, April 16th, 2008

CBS Corporation, along with a toy maker and multiple retailers, were sued on April 11, 2008 by Asbestos Disease Awareness Organization, a California advocacy group for asbestos victims.

The Asbestos Disease Awareness Organization stated that laboratory tests showed that the powder used to dust fingerprints in a toy crime-scene kit contained asbestos. The toy is based on “CSI: Crime Scene Investigation,” a popular CBS crime drama.

The toys were removed from the market last year due to the results of several tests conducted by the Asbestos Disease Awareness Organization. The toys were manufactured by Planet Toys, Inc, who stated that several tests showed no asbestos in the toys.

Planet Toys, Inc. announced a stop sale of the toy.

Currently, asbestos attorneys are working on cases in which serious illness has resulted from asbestos exposure.

New Study Indicates Drug May Prevent Mesothelioma

Saturday, April 12th, 2008

A new study conducted in Switzerland shows how asbestos fibers trigger immune system proteins which is what sets off chronic inflammation. As a way to prevent the chronic inflammation, a common drug used to treat arthritis may help to prevent the lung problems that are caused by asbestos exposure.

Despite the knowledge that asbestos exposure causes damage to the lungs, scientists have not been able to demonstrate how the damage occurs. The research from the study indicates that prolonged inflammation caused by proteins that were triggered by asbestos fibers result in lung scarring and cancer.

A rheumatoid arthritis drug, Anakinra, is being studied as a way to prevent the inflammation that causes lung damage. In addition, testing for elevated proteins may help doctor’s identify if a patient is at risk for serious lung diseases caused by asbestos exposure.

Despite the link to inflammatory proteins, the research was not able to identify exactly how asbestos causes cancer. More research is still needed to draw conclusive information.

Mesothelioma attorneys are working on cases that involve the serious illnesses that result from asbestos exposure.

Can a Worker Sue Their Employer for Mesothelioma?

Friday, April 11th, 2008

We recently had a phone call from a potential client asking about this issue.  The answer in Texas is generally that a worker can sue their employer unless the employer is a workers compensation subscriber.  When the employer is a workers compensation subscriber, the situation becomes more complicated.  The employee with mesothelioma can then sue the employer if the employee can show that the employer knew to a substantial certainty that the worker would be injured by the asbestos he/she worked with.  This sounds like a tough standard to meet, and in most cases it is difficult to prove.  However, when the worker with mesothelioma dies of the disease, the surviving spouse and children of the worker can bring a claim against the employer for what the law calls “gross negligence.”  This is an easier case to prove and it allows the worker’s family to successfully bring a case if there is evidence that the employer acted with willful, wanton disregard for the welfare and safety of the workers.  All too often there is a mountain of evidence suggesting that the employer knew that asbestos could cause mesothelioma and yet did nothing.  In fact, some employers actively hid the dangers of asbestos from their employees, telling them that “nothing out here will hurt you” when the employer knew from scientific studies that asbestos was killing workers.  If all of this sounds complicated, it is.  That is why you need to discuss any potential mesothelioma or cancer case with a lawyer who has experience in this complicated area of the law.  The lawyers at Cappolino Dodd & Krebs LLP have over eighty-five years combined experience.  They can help you determine if you or your loved ones can recover from the employers who exposed their workers to asbestos.  You should be aware that in some cases strict timelines for bringing claims may apply, so you should contact the lawyers at Cappolino Dodd & Krebs LLP today to ensure that all of your legal rights are protected.  All initial consultations are free and confidential.