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Sunday 27 July 2008

The History of Asbestos and Related Health Issues

by Patricia Woloch

Recently, asbestos-related litigation has come to the forefront of our news and courtrooms. But, shockingly, asbestos use and knowledge of its health issues have been around for centuries.
Asbestos is a naturally-occurring group of minerals that form long, slender fibrous crystals. It can be found in the air and in some natural water sources. For over 2,000 years, humans have used asbestos for a variety of purposes because of its usefulness in manufacture and retardant effects.

Asbestos History

The Ancient Greeks were the ones to give it the name "asbestos" meaning inextinguishable. Many Grecian slaves used the material to weave into cloth and it was noted, even at this early time period, that some people who used the asbestos in their clothing suffered from damaged lungs and health issues.

Yet, asbestos was still a highly valued material in many cultures following these observations. In fact, the material was used to induce awe from observers in Persia for its ability to be cleaned by exposing it to fire. Its use diminished during the middle ages.

During the industrial revolution, asbestos re-entered the manufacturing industry with great flourish and previous health concerns were either forgotten or discarded. It was used to produce insulation for ovens, kilns, turbines and many other high temperature apparatuses. The first commercial asbestos mine was created in 1879 in Quebec.

It was around the turn of the twentieth century that researchers began to associate lung problems with asbestos mining. Britain began to regulate ventilation in the 1930s for asbestos miners after asbestosis was labeled as a lung-related disease. It took the United States an additional decade to follow these measures.

Also, in the 1930s medical journals began to make the link between cancer and asbestos; mesothelioma, as a term, came into use in 1931.

In 1970, it was proven in court that the asbestos industry knew of the risks associated with asbestos, but attempted to conceal them to maintain profits. The US Environmental Protection Agency (EPA) began regulating asbestos use, but it wasn't until 1989 that they began an asbestos ban and phase out rule.

Unfortunately, a mere two years later, this ban was overturned in court. There are still many forces working against an outright ban of asbestos use.

It is important to be aware of the risks associated with asbestos and symptoms associated with illnesses related to it, especially if you are involved in an industry known to have used it. Symptoms of asbestosis include shortness of breath during exertion and possible respiratory failure.

Mesothelioma symptoms are much more extensive, and can include:

* Chest wall pain
* Shortness of breath
* Abdominal pain
* Wheezing or cough
* Weight loss
* Yellowing of the skin

If you are experiencing any of these symptoms and believe you may have been exposed to asbestos, you should consult with your physician as diagnosis of asbestos-related disease is an involved and difficult process.

About the Author
To learn more about asbestos, mesothelioma or other related illnesses, or to learn of your candidacy for an asbestos-related claim in Southern California, please visit the website of Jacoby & Meyers Law Offices.
READ MORE - The History of Asbestos and Related Health Issues

Sunday 20 July 2008

Mesothelioma Sufferer Beats The Odds

by Nick Jervis

Despite treatment with chemotherapy, radiation therapy or sometimes surgery, the disease carries a poor prognosis. Most suffers who develop have worked on jobs where they inhaled asbestos particles, or have been exposed to asbestos dust and fibre in other ways. Asbestos is associated with a number of lung diseases. According to the World Health Organization (WHO), these may be defined as, asbestosis, lung cancer, and mesothelioma.

Symptoms of mesothelioma include shortness of breath, coughing and pain in the chest but may not actually appear until 20 to 50 years after exposure to asbestos. The length of time it takes for the disease to appear combined with the recent increased media attention and public awareness has seen a sharp rise in the number of mesothelioma lawsuits, with twice the number of mesothelioma claims filed since 1994.

The prognosis is so poor in fact that the longest any mesothelioma sufferer has survived after diagnosis was 25 months. That didn't stop 58 year old Jon Matthews, from Woburn Sands, a mesothelioma sufferer make betting history by staking £100 on his own life at 50 to 1 that he would beat the survival odds. It also didn’t stop Jon collecting £5,000 upon winning the bet and even donating half his William Hill winnings to the Macmillan cancer charity. Speaking on the BBC Graham Sharpe, media relations director with William Hill, said he’d never, in 30 years in the business been so pleased to pay a winning client £5,000.

Former car dealer Jon and his charitable ways didn't stop there either. He's since raised even more money for the Macmillan cancer care charity by launching himself off the top of the Xscape building in Milton Keynes.

The 58 year old daredevil, clearly determined to enjoy every minute of his life not only survived (again!) but claimed to have loved every minute of the stunt, saying he had nothing to lose so might as well enjoy himself. Jon's now busy planning his next adventure; a full-blown bungee jump. This will be followed by a trip to Alton Towers for a two day spree on the white knuckle rides.

If you are thinking of making a claim for compensation it is advisable to seek legal advice quickly as a 3 year limit applies from when you knew you had an asbestos related disease. This 3 year limit also applies after the death of someone with mesothelioma.

As a mesothelioma sufferer's recollection of events can be essential to the success of a claim it is important that the mesothelioma sufferer's evidence is recorded in statement form as soon as possible. However, the 3 year limit is not always strictly enforced: contact a claims specialist who will be able to advise you free of charge whether you can make a claim.

About the Author
http://www.1stclaims.co.uk is run by a non-practising Personal Injury Solicitor with over 14 years personal injury claims experience.
READ MORE - Mesothelioma Sufferer Beats The Odds

Friday 11 July 2008

Asbestos Victims Are Dying Before They Can Receive Their Compensation

by Danielle Fletcher

People living in Australia, suffering from mesothelioma, a disease caused by asbestos poisoning are passing away before their claims for compensation are being heard. One Sydney Judge believes this is due to a cost saving measure which was implemented in 2005.
The judge has spoken out and urged the New South Wales government to make rapid changes to the way the cases are handled in order to prevent further anguish to those victims who are already sick. If changes are not made to the rules more people will either become too sick to be able to give full evidence or they will die.

The new system was introduced because of the huge legal costs which were amounting due to handling the number of asbestos related cases. In addition the funds for compensation were around $1.5 billion dollars less than what was needed. In order to cut down legal fees and reduce costs the government introduced a claims timetable and made mediation the way in which the claims were to be handled and solved. A review of how well this new system was working showed that legal costs had been reduced for both the defendant and the plaintiff which was considered to be positive. However the system failed by the amount of time it took to actually solve the cases, meaning that some victims never saw the money that they were entitled to and which could have enriched they lives during the final period.

Now cases can be referred to a judge if it looks like the victim is likely to pass away before the case is resolved according to the timetable. However this process is also not working quickly enough with some victims applying under this scheme dying only a couple of weeks before they are removed from the timetabled process. The judge, in speaking out against this process said that there is a serious problem if victims are only reviewed within the final few weeks of their lives. In these cases the victim is often in extremely poor health and deteriorating fast, making it very unlikely that their case will be solved within their life time. There have been calls to review the process to see if there is any way in which it can be sped up to avoid these types of situations. Many have also commented that the previous system used before the new timetabled version was put into place was more effective at solving the cases quickly. However due to the high legal costs to the defendant through the old system, it may not be financially viable to return to it.

Overall the message is clear. Victims in these cases need to have their claims for compensation resolved before they die. It is important that this happens to ensure not only the financial well being of the victims in the last stages of their life but also the financial position of their families.

About the Author
Danielle is an author of several articles pertaining to No Win No Fee, Compensation Claims, Personal Injury Claims and other legal articles.
READ MORE - Asbestos Victims Are Dying Before They Can Receive Their Compensation