If you or a family member has been diagnosed with mesothelioma, the attorneys at Clapper, Patti, Schweizer & Mason are here to help. Our attorneys have represented families impacted by mesothelioma and other asbestos–related cancers for more than 25 years. We have successfully litigated mesothelioma cases throughout the United States, and have obtained hundreds of millions of dollars in recoveries for our clients. We never charge our clients a fee unless we recover compensation.
Financial Compensation and Justice for Exposure to Asbestos
Mesothelioma is a serious cancer usually associated with asbestos exposure. New treatments that are available for mesothelioma patients offer hope for improved survival and quality of life. However these treatments can be expensive. Part of our job is to obtain monetary compensation for our clients, to allow them to focus on fighting mesothelioma without the stress of financial worry.
We also are committed to obtaining justice for our clients that goes beyond medical bills and financial losses. We seek compensation for the pain and loss experienced by families impacted by this terrible disease. The fact is that most cases of mesothelioma could have been prevented if information that was known and available to the asbestos companies had been passed along to the users of asbestos products. We use the law to force these companies to pay fair compensation to our clients.
Experience, Research and Knowledge
In the 25–plus years that we have been handling mesothelioma cases, we have represented hundreds of workers who were exposed to asbestos in virtually every kind of industrial setting. These have included workers from the United States Navy, from government and private shipyards, oil refineries, chemical plants, commercial and residential construction, foundries, power plants, manufacturing plants, machine shops, automobile repair facilities, asbestos product manufacturing, television and radio repair, heavy equipment operation, etc. We have also represented family members of industrial workers who were exposed to asbestos fibers brought into the home on the workers’ clothing. In other cases, our clients have been office workers, professionals or students who were unsure how they were exposed to asbestos. Over the years, we have become expert in identifying and proving the full range of asbestos exposures that cause mesothelioma to occur.
We have developed a vast library of documents, legal discovery and depositions concerning the asbestos manufacturers and their products. And we have developed information about common industrial and commercial sites, shipyards and ships, focusing on the asbestos products used at each location. With this background of knowledge, we begin most cases by interviewing our clients in their homes, to learn as much as we can about each individual’s work history, experience, needs and expectations for their case.
Our headquarters are in Sausalito, California, just north of San Francisco, but we serve the entire United States and have successfully represented clients in almost every state. Please call our toll–free number 1–800–440–4262 if you would like to consult with an experienced mesothelioma lawyer at no cost. Or if you prefer, fill out the contact form on this page, and we will contact you promptly. If your case is filed in a state other than California, we will associate local counsel in that state.
Monday, November 10, 2008
Asbestos and Mesothelioma
Mesothelioma is a rare cancer in the general population. However, in individuals that were exposed to asbestos, it is not as rare. That’s because the only known, established cause of mesothelioma is asbestos. Each year 2,500 to 4,000 patients in the U.S. are diagnosed with mesothelioma and asbestos-related diseases.
This disease was preventable. Many of the corporations that manufactured and profited from the sale of asbestos-containing products were aware of the hazards of asbestos. The manufacturers did not warn workers exposed to the asbestos in their products until, at the earliest, the mid-1960’s and the warnings were terribly inadequate. The result is that many Americans have unnecessarily and tragically contracted asbestos-related diseases such as mesothelioma.
The large settlements and verdicts associated with mesothelioma cases are not accidental. Jurors who have the opportunity to review the internal documents of these manufacturers and sellers of these products are outraged by the actual knowledge of these corporations and access to knowledge about the hazards of asbestos.
Our New York Mesothelioma Lawyers have a substantial record of successfully litigating complicated mesothelioma and asbestos claims throughout NY. As one the nation’s leading consumer, worker and asbestos law firms, we prosecute mesothelioma cases throughout New York State. No other law firm covers as much ground as we do throughout NY.
This disease was preventable. Many of the corporations that manufactured and profited from the sale of asbestos-containing products were aware of the hazards of asbestos. The manufacturers did not warn workers exposed to the asbestos in their products until, at the earliest, the mid-1960’s and the warnings were terribly inadequate. The result is that many Americans have unnecessarily and tragically contracted asbestos-related diseases such as mesothelioma.
The large settlements and verdicts associated with mesothelioma cases are not accidental. Jurors who have the opportunity to review the internal documents of these manufacturers and sellers of these products are outraged by the actual knowledge of these corporations and access to knowledge about the hazards of asbestos.
Our New York Mesothelioma Lawyers have a substantial record of successfully litigating complicated mesothelioma and asbestos claims throughout NY. As one the nation’s leading consumer, worker and asbestos law firms, we prosecute mesothelioma cases throughout New York State. No other law firm covers as much ground as we do throughout NY.
Asbestos Exposure: Who Is At Risk?
Asbestos was one of the most common industrial materials put to use in the twentieth century. It has also proven to be one of the most lethal, as inhaling asbestos fibers can lead to a wide range of pulmonary problems such as asthma and asbestosis - and can also be the direct cause of mesothelioma.
What is mesothelioma? It is a lethal cancer that attacks the membranes around the lungs, the heart and the abdominal cavity. Mesothelioma cancer of the lungs is by far the most common form. Perhaps its most unusual characteristic is that mesothelioma diagnosis usually occurs decades after the initial exposure to asbestos.
It takes years for the asbestos fibers to work their way into those membranes; after an extended presence they begin to cause fluid accumulation and tumor development. However the first mesothelioma symptoms are such afflictions as a persistent cough or shortness of breath - symptoms that are often mistaken for evidence of more common lung problems, which delays the mesothelioma diagnosis even further.
What is mesothelioma? It is a lethal cancer that attacks the membranes around the lungs, the heart and the abdominal cavity. Mesothelioma cancer of the lungs is by far the most common form. Perhaps its most unusual characteristic is that mesothelioma diagnosis usually occurs decades after the initial exposure to asbestos.
It takes years for the asbestos fibers to work their way into those membranes; after an extended presence they begin to cause fluid accumulation and tumor development. However the first mesothelioma symptoms are such afflictions as a persistent cough or shortness of breath - symptoms that are often mistaken for evidence of more common lung problems, which delays the mesothelioma diagnosis even further.
Monday, March 17, 2008
Types of Asbestos
There are two families of asbestos, the Amphibole family and the Serpentine family, which differ based on the structure of their mineral crystals.
Amphibole Asbestos
The mineral fibers in Amphibole asbestos are chain-like, while Serpentine mineral fibers are in layered sheets. This can be seen under the microscope. There are five different types of Amphiboles: Amosite ("brown asbestos"), Crocidolite ("blue asbestos"), Anthophyllite, Tremolite, and Actinolite.
Amosite
A type of Amphibole asbestos that is made up of mineral fibers formed by crystals that look chain-like. Amosite is also called "brown asbestos" takes its name from the asbestos mines of South Africa.
Crocidolite
Crocidolite is one of the five types of Amphibole asbestos. This means the fibers in Crocidolite are made up of mineral crystals that look like chains. Crocidolite is often called "blue asbestos," and occurs naturally in Austrial, South Africa, the former Soviet Union, and Canada.
Actinolite
One of the more rare forms of asbestos. It is a mineral with fibers that form in manner of the Amphibole family — which means the fibers are made of crystals that are chain-like in appearance. Like two other rare forms of asbestos, Tremolite and Anthophyllite, Actinolite is found mainly as a contaminant in other minerals. Actinolite was not used commercially as were chrysotile, amosite, and, to a lesser extent, crocidolite.
Anthophyllite
One of the more rare forms of asbestos. It is a mineral with fibers that form in the Amphibole family — which means the fibers are made of crystals that are chain-like in appearance. Like two other rare forms of asbestos, Tremolite and Actinolite, Anthophyllite is found mainly as a contaminant in other minerals. Anthophyllite was not use commercially as were chrysotile, amosite, and, to a lesser extent, crocidolite.
Serpentine Asbestos
Chrysotile
The most common type of asbestos, it is also known as "white asbestos," and Chrysotile comprises approximately 90%-95% of all asbestos in the United States. It is made up of minerals which crystallize in the "serpentine" pattern, which means its crystals are formed in sheets. Chrysotile has been linked with all asbestos-related diseases, including asbestosis, lunc cnacer, cand mesothelioma.
Asbestos fibers are extremely durable and are heat and fire resistant. Asbestos also serves as a strong binder for other materials. Because of these properties, asbestos was used in over 3000 different products in a variety of industrial, commercial, and consumer products. Because of their size and shape, asbestos fibers can easily become airborne and can remain in the air for long periods of time. Once asbestos settles, it can be redistributed into the air easily through a process called reentrainment. Unfortunately, once asbestos fibers are inhaled or swallowed, they tend to remain in the body for many years.
Amphibole Asbestos
The mineral fibers in Amphibole asbestos are chain-like, while Serpentine mineral fibers are in layered sheets. This can be seen under the microscope. There are five different types of Amphiboles: Amosite ("brown asbestos"), Crocidolite ("blue asbestos"), Anthophyllite, Tremolite, and Actinolite.
Amosite
A type of Amphibole asbestos that is made up of mineral fibers formed by crystals that look chain-like. Amosite is also called "brown asbestos" takes its name from the asbestos mines of South Africa.
Crocidolite
Crocidolite is one of the five types of Amphibole asbestos. This means the fibers in Crocidolite are made up of mineral crystals that look like chains. Crocidolite is often called "blue asbestos," and occurs naturally in Austrial, South Africa, the former Soviet Union, and Canada.
Actinolite
One of the more rare forms of asbestos. It is a mineral with fibers that form in manner of the Amphibole family — which means the fibers are made of crystals that are chain-like in appearance. Like two other rare forms of asbestos, Tremolite and Anthophyllite, Actinolite is found mainly as a contaminant in other minerals. Actinolite was not used commercially as were chrysotile, amosite, and, to a lesser extent, crocidolite.
Anthophyllite
One of the more rare forms of asbestos. It is a mineral with fibers that form in the Amphibole family — which means the fibers are made of crystals that are chain-like in appearance. Like two other rare forms of asbestos, Tremolite and Actinolite, Anthophyllite is found mainly as a contaminant in other minerals. Anthophyllite was not use commercially as were chrysotile, amosite, and, to a lesser extent, crocidolite.
Serpentine Asbestos
Chrysotile
The most common type of asbestos, it is also known as "white asbestos," and Chrysotile comprises approximately 90%-95% of all asbestos in the United States. It is made up of minerals which crystallize in the "serpentine" pattern, which means its crystals are formed in sheets. Chrysotile has been linked with all asbestos-related diseases, including asbestosis, lunc cnacer, cand mesothelioma.
Asbestos fibers are extremely durable and are heat and fire resistant. Asbestos also serves as a strong binder for other materials. Because of these properties, asbestos was used in over 3000 different products in a variety of industrial, commercial, and consumer products. Because of their size and shape, asbestos fibers can easily become airborne and can remain in the air for long periods of time. Once asbestos settles, it can be redistributed into the air easily through a process called reentrainment. Unfortunately, once asbestos fibers are inhaled or swallowed, they tend to remain in the body for many years.
Saturday, May 5, 2007
FIRME ROLE IN ASBESTOS LITIGATION
The first asbestos products lawsuit was filed on December 10, 1966, in Beaumont, Texas, by attorney Ward Stephenson on behalf of his client, Claude Tomplait. Mr. Tomplait had been diagnosed with asbestosis in July of that year. The defendants were eleven manufacturers of asbestos-containing insulation products, including Johns-Manville, Fibreboard and Owens Corning Fiberglas.
The case proceeded to trial on May 12, 1969 and a week later the verdict was returned in favor of defendants.
But Stephenson was not deterred by this initial loss. In October 1969, he filed a case for one of Mr. Tomplait's co-workers, a man named Clarence Borel. Again, he named numerous asbestos manufacturers. However, this time the result was different. The jury returned a verdict for Mr. Borel in the amount of $79,436.24. The verdict was appealed and on September 7, 1973, Ward Stephenson died. However, four days later, the Fifth Circuit Court upheld the award.
The legal battle on behalf of asbestos victims shifted to other parts of the United States. Starting in late 1973, cases were filed in many other jurisdictions.
In 1974, Steven Kazan filed a precedent-setting lawsuit on behalf of Reba Rudkin, who developed asbestosis after working for 29 years at the Johns-Manville manufacturing plant in Pittsburg, California. Kazan sued Johns-Manville in a civil lawsuit, even though Mr. Rudkin worked for Johns-Manville and the company would normally be protected from such a lawsuit because workers' compensation is the exclusive remedy for an employee suing an employer. But we argued that Manville and its executives should not be shielded from fraud and conspiracy charges.
In January 1978, at a deposition taken during the course of discovery in this case, Wilbur Ruff, the Pittsburg plant manager in the 1960s, was asked if there had been "a policy in the company ... not to talk to the employee about chest findings, findings that suggested asbestosis, pneumoconiosis or mesothelioma." Ruff testified, "Yes, it was policy." [Brodeur p.167-168] It was known as the "hush hush policy." The evidence of fraud and conspiracy started to emerge.
During this period, numerous incriminating Johns-Manville documents were discovered that proved fraud and conspiracy. These included the personal records of Sumner Simpson, president of Raybestos Manhattan, who corresponded frequently with Vandiver Brown, General Counsel of Johns-Manville. The letters disclosed that as early as the 1930s these companies conspired to suppress knowledge about the hazards of asbestos.
Link
The case proceeded to trial on May 12, 1969 and a week later the verdict was returned in favor of defendants.
But Stephenson was not deterred by this initial loss. In October 1969, he filed a case for one of Mr. Tomplait's co-workers, a man named Clarence Borel. Again, he named numerous asbestos manufacturers. However, this time the result was different. The jury returned a verdict for Mr. Borel in the amount of $79,436.24. The verdict was appealed and on September 7, 1973, Ward Stephenson died. However, four days later, the Fifth Circuit Court upheld the award.
The legal battle on behalf of asbestos victims shifted to other parts of the United States. Starting in late 1973, cases were filed in many other jurisdictions.
In 1974, Steven Kazan filed a precedent-setting lawsuit on behalf of Reba Rudkin, who developed asbestosis after working for 29 years at the Johns-Manville manufacturing plant in Pittsburg, California. Kazan sued Johns-Manville in a civil lawsuit, even though Mr. Rudkin worked for Johns-Manville and the company would normally be protected from such a lawsuit because workers' compensation is the exclusive remedy for an employee suing an employer. But we argued that Manville and its executives should not be shielded from fraud and conspiracy charges.
In January 1978, at a deposition taken during the course of discovery in this case, Wilbur Ruff, the Pittsburg plant manager in the 1960s, was asked if there had been "a policy in the company ... not to talk to the employee about chest findings, findings that suggested asbestosis, pneumoconiosis or mesothelioma." Ruff testified, "Yes, it was policy." [Brodeur p.167-168] It was known as the "hush hush policy." The evidence of fraud and conspiracy started to emerge.
During this period, numerous incriminating Johns-Manville documents were discovered that proved fraud and conspiracy. These included the personal records of Sumner Simpson, president of Raybestos Manhattan, who corresponded frequently with Vandiver Brown, General Counsel of Johns-Manville. The letters disclosed that as early as the 1930s these companies conspired to suppress knowledge about the hazards of asbestos.
Link
Friday, May 4, 2007
What is asbestos?
Asbestos is the name given to a group of minerals that occur naturally in the environment as bundles of fibers and can be separated into thin, durable threads. These fibers are resistant to heat, fire, and chemicals and do not conduct electricity. For these reasons, asbestos has been widely used in many industries.
There are two subgroups of asbestos: chrysotile, which has curly fibers and is in the serpentine family of minerals; and amphibole asbestos, which has straight, needle-like fibers and includes actinolite, tremolite, anthophyllite, crocidolite, and amosite asbestos. Chrysotile asbestos is the form that has been used predominantly in commercial applications worldwide
There are two subgroups of asbestos: chrysotile, which has curly fibers and is in the serpentine family of minerals; and amphibole asbestos, which has straight, needle-like fibers and includes actinolite, tremolite, anthophyllite, crocidolite, and amosite asbestos. Chrysotile asbestos is the form that has been used predominantly in commercial applications worldwide
Asbestos is well recognized as a health hazard and is highly regulated
Asbestos is well recognized as a health hazard and is highly regulated. An estimated 1.3 million employees in construction and general industry face significant asbestos exposure on the job. Heaviest exposures occur in the construction industry, particularly during the removal of asbestos during renovation or demolition. Employees are also likely to be exposed during the manufacture of asbestos products (such as textiles, friction products, insulation, and other building materials) and during automotive brake and clutch repair work.
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