Posts Tagged ‘mesothelium’

California Personal Injury Attorney Discusses the Cost of Treating Mesothelioma and Why You May Not Be responsible for Paying for It

Saturday, June 5th, 2010

If you are suffering from mesothelioma, then you may already have some idea of how expensive the treatment will ultimately be. As with most cancers, there is no known cure for mesothelioma. Doctors can aggressively attack the cancer with drugs, radiation and chemotherapy as well as alternative medicines and cutting edge therapy, but the survival rate is not high and the cost of that treatment can be exorbitant.

Mesothelioma was once considered a very rare form of cancer that attacks the mesothelium – a sac that surrounds and protects many of our internal organs including our lungs. In recent years, the number of mesothelioma diagnoses has risen dramatically with even more cases expected to surface over the next couple of decades. The reason for the rise in cases over the past couple of decades is that unlike most cancers, mesothelioma has an extremely long latency period – in some cases as long as 50 years. The cancer’s long latency period means that the patients being diagnosed today were most likely exposed to asbestos in their work environment decades ago. While it is possible to develop mesothelioma without exposure to asbestos, doctors and scientists all agree that the biggest risk factor for developing the cancer is asbestos exposure. As many as 90% of all mesothelioma cases can be traced back to asbestos exposure.

The cost for treatment of mesothelioma can run over one million dollars. The cancer fighting drugs that are used to try and combat the cancer can cost over $5,000 per round of treatment. Gene therapy, another possible treatment for mesothelioma patients can run from $150,000 to $950,000 with no guarantee of success. Clearly, the cost to the patient for treating mesothelioma can quickly exceed what many people earn in a lifetime. Why should you be responsible for paying the cost to treat a disease that was likely caused by the negligence of someone else?

The laws of California allow victims to sue a negligent party for injuries and damages caused by that negligence. According to California personal injury lawyer Emery Ledger of Ledger & Associates, California law has a special statute dedicated to victims of asbestos related injuries. Under the asbestos statute, victims of asbestos related injuries may file a lawsuit up to one year after suffering from a disability related to the asbestos or within a year after they reasonably should have known they were suffering from a disability related to the exposure to asbestos. What this means for mesothelioma sufferers is that even if your exposure to the asbestos was 30 years ago, if you have just now been diagnosed with mesothelioma, you may still be able to file a lawsuit against the manufacturers of the products that contained the asbestos or your employer – both. If you are successful in your lawsuit, you may receive compensation for your injuries and your pain and suffering. Under California law, a negligent party can be held responsible for all the medical bills associated with the injuries that they caused which would go a long way in easing the burden on you – the victim.

If you believe that you are a victim of asbestos related mesothelioma and would like to explore your legal options, contact California personal injury lawyer Emery Ledger of Ledger & Associates at 1-800-300-0001 or visit his website at www.ledgerlaw.com.

California Mesothelioma Lawyer Explains Legal Options for Mesothelioma Sufferers

Friday, June 4th, 2010

Mesothelioma is a type of cancer that occurs when the cells of the mesothelium become abnormal and start to divide out of control. The mesothelium is essentially a protective sac that covers and protects many of your internal organs. While mesothelioma was once considered a very rare type of cancer, it has become more prevalent in the past few decades. Doctors and scientists attribute that fact that they are seeing more cases of mesothelioma to the fact that millions of workers were exposed to asbestos in decades past as part of their work in construction, textile, automotive and other trades. Although scientists were aware of a potential connection between exposure to asbestos and cancer as early as the beginning of the 20th century, regulations were not enacted until the 1980’s to protect workers from inhaling the potentially deadly particles.

One of the unique characteristics of mesothelioma, and what makes it most troublesome, is that there can be a lapse of 20 to 30 years from the time you are exposed to asbestos and the time symptoms appear and a diagnosis is made. So what can you do if you have recently been diagnosed with mesothelioma and you believe that the cause may be exposure to asbestos in your work environment many years ago?

Normally, tort claims (injury claims) must be commenced within two years from the date of the injury or incident under California law, according to mesothelioma lawyer Emery Ledger of Ledger & Associates. In the case of exposure to asbestos, however, the statute of limitations (time within which you must file a lawsuit) works a little differently in order to take into account the very long incubation period of the cancer. California Code of Civil Procedure Section 340.02 reads as follows:

(a) In any civil action for injury or illness based upon
exposure to asbestos, the time for the commencement of the action
shall be the later of the following:
(1) Within one year after the date the plaintiff first suffered
disability.
(2) Within one year after the date the plaintiff either knew, or
through the exercise of reasonable diligence should have known, that
such disability was caused or contributed to by such exposure.
.
What this means for anyone that has recently been diagnosed with mesothelioma is that they may still be able to file a lawsuit for the injuries they have suffered or are continuing to suffer as a result of exposure to asbestos. If you were exposed to asbestos in the workplace, you may be entitled to receive compensation from your employer or the manufacturer of the products that contained asbestos. As you may already know, the cost of treating mesothelioma can be quite expensive. If your illness was caused by exposure to asbestos, shouldn’t the culpable party be held accountable and at least help to pay for your treatment?

If you have additional questions about your legal options, please contact California mesothelioma lawyer Emery Ledger at Ledger & Associates. Schedule your free detailed evaluation by calling 1-800-300-0001 or visit him online at www.ledgerlaw.com.