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Asbestos litigation support, just a phone call away

Many South Carolina residents know how it feels to suffer from ill-health without having definite answers as to underlying causes of their conditions. Sometimes, people suffer symptoms for months or even years before medical professionals are able to correctly diagnose their problems. Sadly, for those who worked in factories, shipyards, steel mills or construction-related jobs, such diagnoses often includes phrases, such as mesothelioma or asbestosis. When a person suffers from a deadly illness caused by inhaling or ingesting microscopic fibers on the job, it often leads to asbestos litigation.

Many corporate employers and manufacturers have been aware of the dangers of asbestos since the early 1900s. One would think such knowledge would be used to help keep workers safe. Unfortunately, the opposite was often the case, with employers and product makers trying to conceal such information for fear it would lead to less available workers, less production and decreased profits.

While there are stringent regulations in place regarding asbestos products nowadays, the effects of exposure incidents are still vastly prevalent. In fact, many people exposed to asbestos decades ago in their workplaces have only recently been able to obtain proper diagnoses of their conditions. This is because the symptoms of many asbestos-related illnesses are usually not immediately apparent.

Ingested microscopic fibers become lodged inside a person’s respiratory, intestinal or cardiac tract, then fester for months or years until resulting infection or cancer reaches its advanced stages and symptoms are present. Richardson, Patrick, Westbrook & Brickman, LLC, in South Carolina, is fully prepared to act on your behalf in asbestos litigation. With knowledge based on extensive trial experience, we can help you identify those who may be liable for the damages you have incurred, then request that the court hold any and all parties deemed responsible legally accountable for their negligence.

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    Support resources available for asbestos litigation situations

    You may be one of many South Carolina residents who have suffered adverse health effects related to your job. Perhaps you were injured in an on-the-job accident and had to take time off work to recover. Then again, your situation may be much more permanent, such as those who have suffered an incurable disease or serious respiratory illness related to asbestos. Such situations often lead to asbestos litigation, which can be stressful and complicated if you try to go it alone in court.

    Thankfully, there are support resources available to you and your family so that you can focus on getting appropriate treatment and enjoying as a high quality a life as possible while someone else advocates on your behalf to seek recovery for your losses. There may have been years between your initial asbestos exposure and diagnosis of your illness. In that time, you may have suffered undue financial hardships related to medical care, time off work or other expenses associated with the symptoms you were experiencing.

    Litigation is often prompted when injured workers learn that their employers were aware of asbestos risks in the workplace but failed to fully inform them or properly train them for their work. If your circumstances are similar, it is critical that you act sooner rather than later with regards to seeking experienced legal guidance to pursue justice in court. There are statutes of limitation in most states regarding how much time may pass between injury onset and filing a legal claim for negligence.

    Richardson, Patrick, Westbrook & Brickman, L.L.C., in South Carolina, are fully prepared to help you take a stand against a negligent employer, installer, landlord or leasing agent whose failure to keep you safe resulted in your injury. Our experienced legal team will help you investigate the events that prompted you to enter asbestos litigation to help identify possible liable parties. From there, we will remain by your side throughout the litigation process to help you seek compensation for the damages you’ve suffered.

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      Company trying to recoup settlement money in asbestos litigation

      In South Carolina and elsewhere some individuals are battling illnesses and incurable respiratory diseases associated with exposure to asbestos. Not only are construction workers, factory workers and other industrial employees at high risk for such injuries, people who live in or near various types of structures or businesses may also be in danger of contracting asbestos-related illnesses. Ongoing asbestos litigation in another state involves one company that is suing its insurance company to recoup millions of dollars it was forced to pay out in a settlement.

      The situation involves people who suffered asbestos-related illnesses in connection to a vermiculite mine in their community. Victims filed damage claims that led to a $43 million settlement. In 2009, the National Indemnity Co. paid out $16 million of the total amount.

      In a turn of events, however, that company then filed a lawsuit against its insurer in an effort to recoup the money it lost through the settlement. The basis of the lawsuit is that the insurance company breached its fiduciary duty to defend the state against asbestos damage claims. A state district judge recently ruled that insurance company is, in fact, liable for the $43 million settlement because of the reasons stated by the plaintiff.

      It’s important for victims of asbestos injury to get the medical care and treatment they need to sustain as high a quality of life as possible for diseases that have no cure at this time. Asbestos litigation is a means toward compensation for many victims, who can then use monies awarded by the court to pay their medical bills and help make ends meet, especially if they are no longer able to work. To begin the litigation process in South Carolina, it often helps to speak with an attorney who has experience with asbestos-related cases.

      Source: spokesman.com, “Montana judge: Insurer liable in $43M asbestos settlement“, March 6, 2018

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        Many closely following asbestos litigation in another state

        Opening arguments were recently heard in a courtroom in a state not far from South Carolina. The statements are part of asbestos litigation connected to a particular man’s cancer, more specifically, the claim that his illness was caused by exposure to asbestos through use of talc products. The man in question worked for a tile company more than three decades ago.

        It is well known that floor and ceiling tiles used in the 1970s were often laden with asbestos, a dangerous material that can cause a fatal disease if ingested. The man in this case suffers from mesothelioma, a cancer for which there is no cure. The man and his wife are plaintiffs in the case against Vanderbilt Minerals LLC, the company that produced the industrial talc products with which he frequently came in contact during his employment at a tile company. The plaintiffs assert that the company failed to warn employees about potential asbestos-related hazards associated with its products.

        Vanderbilt Minerals LLC has say the plaintiffs will not be able to prove that its products are responsible for causing the man’s cancer. This particular case is the second of its kind to be processed in Florida. There also happens to be an active asbestos litigation case in New Jersey at this time, filed against talcum powder manufacturer Johnson & Johnson company.

        Asbestos litigation is a complex area of law, in part due to the fact that many illnesses related to exposure do not present symptoms until years after an initial exposure occurred. This means many people in South Carolina or elsewhere are filing legal claims in connection to asbestos incidents sometimes 10 or 20 years after they were exposed to the material. To increase the chances of obtaining a successful outcome in court, it’s typically a good idea to rely on experienced and aggressive legal representation.

        Source: cvn.com, “Talc Mesothelioma Trial In Florida Begins, Full Proceedings To Be Webcast Via CVN“, David Siegel, Feb. 23, 2018

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          Asbestos litigation may change if bill is enacted into law

          Another state is currently considering legislation that may adversely affect those filing claims regarding asbestos-related injuries. If that particular state or others begin to adapt such laws, victim advocates say the asbestos litigation process will be set to indefinitely delay justice. Many critics of a newly proposed bill have come forward to say it unjustly places favor in the hands of asbestos litigation defendants. South Carolina asbestos injury victims will no doubt be interested in this situation as it continues to unfold.

          The bill is designed to allow defendants to request 60-day stays. There is no limit to the number of times such stays may be requested during an asbestos litigation process so long as defendants think plaintiffs may file additional claims of bankruptcy. Advocates speaking out against the legislation say it is a cruel and manipulative ploy to delay justice until asbestos victims die of their diseases.

          Data shows most cancer patients diagnosed with asbestos-related diseases survive their illnesses past diagnoses for a few years at most. One advocate said this bill unjustly allows defendants to control whether victims will live to attend their own trials. Increased advocate concern has been evident since the bill recently passed at a 58-51 vote in the Michigan House.

          Asbestos litigation most often involves injured fire fighters, military veterans and construction workers. One advocate stated that placing political and corporate goals above victim justice is despicable. Time will tell if other states adapt similar legislation into law.  A South Caroline attorney experienced in asbestos litigation can address any and all concerns related to claims in this state.

          Source: michiganradio.org, “Critics say bill would “delay and deny” justice for asbestos cancer victims“, Sarah Cwiek, Feb. 12, 2018

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            Asbestos litigation settlement achieved by Colgate-Palmolive

            A woman in another state suffered adverse health effects that included mesothelioma, an incurable lung disease. She claimed her condition was caused by asbestos contained in talcum products made by Colgate-Palmolive company. The situation led to asbestos litigation that was recently settled to avoid a trial. There may be South Carolina readers currently facing similar legal challenges.

            Colgate-Palmolive is not the first company to be accused of failing to warn customers about potential asbestos hazards associated with its products. In fact, talcum product manufacturer Johnson & Johnson has faced more than 5,500 claims regarding ovarian cancers in women who say they acquired their diseases from using talcum powders made by the company. Nearly 200 of those cases list asbestos exposure as possible causes for ovarian cancer.

            Every situation is unique and various factors may impact whether parties choose to settle or go to trial. For instance, a woman in California was awarded $13 million after the court determined that her mesothelioma was caused by 20 years of using a Colgate-Palmolive product. The company was ordered to pay the amount for failing to properly warn her of the potential asbestos hazards related to the powder. The company agreed to confidentially settle the case rather than appeal.

            Colgate-Palmolive has remained quiet regarding the details of the most recent settlement involving the woman from Pennsylvania. Anyone in South Carolina considering asbestos litigation may want to consult with an experienced injury attorney who has successfully represented others in similar situations. This type of alliance often helps injured victims obtain the most favorable outcomes possible in court.

            Source: insurancejournal.com, “Colgate-Palmolive Settles Asbestos Claim Linked to Its Talc“, Margaret Cronin Fisk, Jef Feeley, Nov. 13, 2017

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              In need of support regarding asbestos litigation?

              There are many old buildings in South Carolina, including schools, libraries and various factories and housing structures. While such buildings are often quite ornate and beautiful, they also could contain potentially dangerous health hazards. This is because a lot of paint, floor and ceiling tiles, insulation and other products used long ago contain asbestos. Cases of asbestos litigation continue to increase as years go on and people suffer non-curable diseases caused by exposure to asbestos.

              Much has been learned in recent years regarding health risks associated with asbestos. Employers are now obligated to inform their workers of existing asbestos on worksites. They must also provide proper training and safety equipment in all situations where employees may be at risk for adverse health conditions due to asbestos exposure.

              Many lung diseases and cancers associated with asbestos exposure do not present symptoms until long after an initial exposure has taken place. This means it could be years before a person is diagnosed with cancer and finds out it may have been caused by exposure to asbestos on the job five, 10 or more years ago. Asbestos litigation is often complicated and stressful.

              Richardson, Patrick, Westbrook & Brickman, LLC, in South Carolina, is fully prepared to act on behalf of any client who wishes to pursue compensation for damages in an asbestos litigation case. A thorough review of your situation and sufficient gathering of evidence are two steps that can be taken immediately to set you on a path for seeking recovery of your losses in court. To discuss a particular issue, you may request a meeting with one of our experienced attorneys.

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                Asbestos litigation far from over: Worker says he was bribed

                At an old Westinghouse Research and Technology Center in a location several states away from South Carolina, workers were given the task to remove insulation containing asbestos from a particular area where it was surrounding pipes. One man, who had been employed as a painter for five years by the company overseeing the project, says he walked into the room and noticed that what the workers were doing did not appear to be in line with regulations regarding asbestos removal. Various events unfolded from there and have led to a highly acrimonious asbestos litigation situation.

                The employers were a father and son team. The painter claims he went to his bosses to discuss the fact that he saw workers ripping and shredding insulation from around the pipes in the project room. He says he was told to stop talking and to keep anything he witnessed to himself.

                The man was later sent to another location to work in an entirely different state. Some time after that, he says he received a phone call from his boss, asking him to come back to Pittsburgh, Pennsylvania, which is where he was originally assigned and where the asbestos situation took place. The man felt it odd that he was being asked to return. When he inquired further, he says his boss offered him luxurious bribes to come back and take the blame because they were being cited for unlawful asbestos removal.

                The man says his bosses offered him $100,000 as well as houses and other high-cost gifts, but he refused to take the fall for his employers. The asbestos litigation remains ongoing at this time, and the man has testified in court against the company owners. The health risks of asbestos exposure are well-known, and anyone in South Carolina who believes exposure has negatively affected his or her health may request a meeting with an experienced attorney to explore what options may be available to pursue justice, particularly if employer negligence appears to be a factor in a particular situation.

                Source: Pittsburgh Post-Gazette, “Painter testifies in asbestos removal case that he was paid to take blame“, Don Hopey, Sept. 26, 2017

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                  Building owner settles, possibly to avoid asbestos litigation

                  Sometimes, accusations against one South Carolina party or another wind up being sorted out in court. In the construction world, that often includes asbestos litigation surrounding issues regarding illegal removal of the substance, violation of safety protocol or failure to inform workers or others that asbestos is present in an existing structure. A situation in another state has been settled before going to trial.

                  A building owner was the central figure of an investigation that alleged his company failed to perform required environmental protection surveys regarding asbestos removal before a renovation project. Reconstruction was set to take place on the second floor of the building. Surveys were to take place between 2013 and 2015.

                  The case against the building owner stated that there was asbestos in floor boards that were part of the proposed renovation plan, as well as in a section of wall, and that the appropriate inspection surveys the building owner must provide before a project begins were never completed. In 2016, the entire building was destroyed in a fire. Just before that happened, however, the asbestos removal situation was brought to the attention of the district attorney’s office for investigation.

                  Local fire officials determined that the fire was not an act of arson. The building owner agreed to pay a $75,000 settlement without admitting liability. A permanent injunction was set to prevent similar incidents from occurring in the future. There may be South Carolina workers, residents or building owners facing asbestos litigation problems at this time; if so, an experienced attorney would be a great asset to have on board when heading to court.

                  Source: montereycountyweekly.com, “Owner of Dick Bruhn Building in Salinas agrees to pay $75K for illegal asbestos removal.“, Nic Coury, Aug. 11, 2017

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