If you have watched television or listened to the radio then you have probably seen or heard advertisements telling people who have been diagnosed with mesothelioma that they may be eligible for financial compensation. Mesothelioma is a rare disease caused by exposure to asbestos. People who are diagnosed with mesothelioma may understand the disease after consulting with their doctors but still lack the knowledge about what they can do after their diagnosis.
This article will provide a brief overview of mesothelioma and the factors that may contribute to its diagnosis. The article will also explore some options available to mesothelioma patients and how they can seek financial compensation for their disease.
Mesothelioma, Its Symptoms, and Its Causes
Mesothelioma is a rare but aggressive cancer that develops in the linings of bodily tissues after a person inhales or ingests a fibrous mineral called asbestos.
According to the American Cancer Society, the average age of a patient diagnosed with mesothelioma is seventy-two (72) years old. Although it’s uncommon, approximately 3,000 new cases are diagnosed in the United States each year.
Because of its aggressive nature, mesothelioma is a serious condition that often requires specialized treatment. Outcomes and treatment options vary based on the type of mesothelioma diagnosed, the stage of the disease, and the overall health of the patient.
Types of Mesothelioma
There are different forms of mesothelioma, classified according to the location of where the tumors develop in the body. The type of mesothelioma a patient is diagnosed with can affect symptoms, treatment options, and prognosis.
Pleural Mesothelioma
Pleural mesothelioma is the most common form and occurs in the lining surrounding the lungs. Common symptoms include:
- Chest pain
- Persistent dry cough
- Coughing up blood
- Difficulty swallowing
- Fatigue
- Fluid buildup in the lungs
Peritoneal Mesothelioma
Peritoneal mesothelioma occurs in the lining of the abdominal cavity (the peritoneum) and accounts for about 10 – 15% of all mesothelioma cases. Symptoms often include abdominal pain, nausea, and swelling of the abdomen.
Patients diagnosed with peritoneal mesothelioma may have different treatment options available and may respond differently compared to those with pleural mesothelioma. In general, some forms of mesothelioma tend to be more responsive to treatment than others, and outcomes can vary.
How Asbestos Causes Mesothelioma
Exposure to asbestos is the only proven cause of mesothelioma. Asbestos is a mineral comprised of microscopic fibers that can become airborne. Once this happens, individuals may inhale the fibers into their lungs or swallow them. These fibers can lodge themselves in the lining around the lung, known as the “pleura,” but they can also lodge in the abdominal lining, called the “peritoneum.”
Once inhaled or ingested, the asbestos fibers embed themselves in the thin tissue linings made up of what are referred to as “mesothelial” cells. Over time, these fibers can cause inflammation, leading to serious damage and cancerous changes in the mesothelial cells – ultimately resulting in the development of mesothelioma.
Sadly, experts do not know exactly how asbestos causes mesothelioma, but they do know that exposure to asbestos can cause mesothelioma or another asbestos-related disease.
There is no set time period after the exposure in which mesothelioma symptoms will present. However, mesothelioma is known as a “latent” disease, which means that the asbestos may be present in the body but not causing symptoms. In fact, mesothelioma can develop in people exposed to asbestos between ten to fifty years after their initial exposure.
Common Sources of Asbestos Exposure
Exposure to asbestos can happen in a variety of settings, many of which were common across Kentucky and throughout the United States for much of the 20th century. Because asbestos was widely used in construction, manufacturing, and industrial materials, individuals may not always realize when or where they were exposed.
Some of the most common sources of asbestos exposure include:
- Occupational Exposure: Workers in construction, shipbuilding, automotive repair, power plants, steel mills, and chemical plants were frequently exposed to asbestos in insulation, brake linings, ceiling tiles, and fireproofing materials. Even today, workers involved in renovation or demolition of older buildings may encounter asbestos-containing materials.
- Military Service: Veterans – especially those who served in the U.S. Navy – may be at an increased risk of mesothelioma due to heavy asbestos use in ships, shipyards, and military housing. Asbestos was commonly used in boilers, pipes, gaskets, and insulation.
- Secondhand (Take-Home) Exposure: Family members of workers who handled asbestos may have been exposed to the fibers through contaminated clothing, tools, or hair. This kind of “take-home” exposure has led to mesothelioma diagnoses in spouses and children decades after the exposure occurred.
- Environmental Exposure: In some communities, asbestos may have been present in the soil or air due to nearby factories or naturally occurring deposits. Although less common, environmental exposure has led to asbestos-related diseases in people who never worked directly with the material.
Because symptoms of mesothelioma often don’t appear until decades after exposure, it’s not uncommon for individuals to be unaware of how or when they came into contact with asbestos. An experienced attorney can help review your history for potential sources of asbestos exposure and identify liable parties.
What Can You Do After Your Diagnosis?
A patient diagnosed with mesothelioma has legal options, but it’s important to act quickly to preserve the right to file a lawsuit. By filing a lawsuit, the patient may be able to recover financial damages from the company or companies that exposed them to asbestos if the patient can prove that the exposures caused their diagnoses.
Statute of Limitations
Mesothelioma cases can generally be filed in two ways: through a personal injury lawsuit or a workers’ compensation claim. In either case, legal deadlines – known as statutes of limitations – apply. These deadlines can vary based on the circumstances of the exposure and the type of claim being filed. Because missing these deadlines can prevent a claim from moving forward, it’s important to speak with an attorney as soon as possible to determine the applicable statute of limitations in your case.
Financial Compensation in Mesothelioma Cases
Under Kentucky law, a mesothelioma plaintiff can recover compensatory damages and, in some instances, punitive damages.
Compensatory damages are designed to make the plaintiff “whole” by reimbursing them for the actual losses and harm they’ve suffered. These damages may include compensation for medical bills & expenses, lost wages, and pain & suffering.
Punitive damages may be available under the right circumstances. Punitive damages are damages awarded to penalize the person or company that injured the plaintiff for their conduct. The plaintiff must prove that the other party’s conduct is accompanied by aggravating circumstances.
Call the Personal Injury Attorneys at Saladino & Schaaf
Mesothelioma lawsuits and other asbestos-related cases can be challenging for those diagnosed with this disease and their families. Litigating the cases on their behalf requires an attorney with experience in these cases and knowledge of the law. The decision to hire an attorney is one of the most important choices a mesothelioma patient and their family will make in this process.
If you or a loved one have been diagnosed with mesothelioma, contact the attorneys at Saladino & Schaaf, PLLC. Our attorneys are ready to help you understand your rights and explore your options in the wake of your diagnosis. Call us at (270) 444-0406 or (270) 753-1529 for a free consultation. Our offices are conveniently located in Paducah and Murray.