New York Personal Injury Laws

The Steps to Proving a Mesothelioma Case

How do we prove a case for a mesothelioma victim in court? Hi, I’m Joe Williams, I’m a mesothelioma trial attorney in New York City. I can tell you that in order to prove a mesothelioma case, a legal case for a victim in court the first thing that we have to do is we have to be able to prove that a particular company is responsible to that particular victim. So how do we do that? Well one of the primary ways that we establish that proof is through the victim’s own testimony at a pretrial deposition. Also, through their testimony at trial in which they talk about that particular company’s products and how they believe that product exposed them to asbestos. They generally talk about the dust that was created from the work that they did with that product. There’s also other ways that we prove that that particular company is responsible to our client. That’s in the form of employment records, work records, for navy seamen, men who served on navy ships. We get records from the US Naval Archive in Washington D.C. for that particular ship. Often these records show every piece of equipment that was ever put on those ships. So there’s many ways to prove one particular company’s responsibility to our client. The next thing we have to show is that that company new or should have known that asbestos was dangerous and that they never warned our clients about these dangerous. How do we do that? Well we do that through company documents, documents from that same company that failed to warn our clients about the dangers of asbestos through internal memorandums, through internal research documents. All of which that show that that company either knew or that they certainly should have known that asbestos was a danger and that they never warned our clients about the dangers of asbestos. The last thing generally that we have to show in a legal case for a mesothelioma victim is that our client was injured. Of course every mesothelioma victim suffers greatly. It’s not just them but their spouses and family suffer as well. We document that through the use of medical experts who talk about mesothelioma and it’s course on the human body. Also through that individual victim’s medical records. Also through the testimony of physicians sometimes the treating. Physicians who actually treated out client were able to document all of the different medical treatments and really all of the suffering that our client has gone through from the time of their first symptoms until the present day when we’re in court dealing with that mesothelioma case in front of a judge and jury. Now, you may have many more questions about all the ways that we seek to prove a mesothelioma case on behave of our client and we can answer those questions for you. I’m Joe Williams and in our firm we handle cases for mesothelioma victims everyday. This is what we do. It’s who we are. I encourage you to call the number on your screen below. That’s our office number and we’ll answer you questions as well. Thank you.

Mesothelioma Trust Fund

Asbestos companies that have filed for bankruptcy protection have been required by the courts to put in excess of $30 billion in trust for future mesothelioma victims, but how can you make a claim? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City and I can give you some information about the process of making a claim to these asbestos bankruptcy trusts.

 Making A Claim on the Trust Fund

The first thing that we need to know is that each of the trusts has a plan, a system of rules and regulations, that have to be filed in order to make the claim, but all trusts require proof of asbestos exposure. Proof of exposure to that particular product that that particular company made before they filed for bankruptcy protection. And that proof can come in a few forms. It can come in the form of a deposition of our client, or a deposition transcript of a co-worker. It can come from work records. Records of the client’s work at a particular site or location where that product was used. It can come from military records. Perhaps our client served on a specific military ship and that product was used on that ship. It can also come in the form of signed affidavits.

 Proof of Mesothelioma

The next thing we have to prove to the trust in order to make a claim is proof of a specific asbestos disease. We have to prove to the trust that our client has mesothelioma. And how do we do that? Through medical records, through a pathology report, perhaps through CT scans or PET scans that show the level and extent of disease.

And another thing that we have to prove is what’s called causation – a link between the asbestos exposure to that particular product and the disease, in this circumstance mesothelioma. And we do that through a report from an expert – from a doctor – who looks at the medical records and gives an opinion as to whether the exposure evidence regarding a particular product caused this particular disease. It’s important to know that these claims are usually made electronically and all this information is uploaded to different trusts electronically.

Now, you have questions about the claims process as it relates to mesothelioma victims and the asbestos bankruptcy trusts. Well, I’m Joe Williams, at our firm we handle these claims every day and I invite you to give us a call. We can answer your questions. Thank you.

Manhattan Workers Vulnerable to Asbestos

You’ve been diagnosed with mesothelioma, and you worked in Manhattan, in New York City, New York. And you’re wondering, where did you get this disease from? Hi. I’m Joe Williams. I’m a mesothelioma trial attorney, and I am in New York City, New York.

I have some information for you about asbestos exposure sites in Manhattan. Now, every discussion about asbestos exposure in Manhattan starts with a discussion about building and construction. Here in New York City, the skyscrapers and the Manhattan skyline that we all know so well, were built primarily throughout the course of the last century.

Where The Exposure Came From

The World Trade Center was built in the late ’60s and into the 1970s, and at the time was the largest construction project in the world, creating the tallest buildings in the world at the time. The Brooklyn Navy Yard is just a stone’s throw away across the East River to Brooklyn.

Where ships were constructed and built using all manner of asbestos products. Other famous buildings like the Empire State Building and the Chrysler Building, as well as lesser known high-rises, multi multi story buildings were constructed during the course of the last century with union tradesmen’s hands, which exposed those workers to asbestos dust.

Large hospitals, perhaps even hospitals that you are being treated at such as Memorial Sloan Kettering, New York-Presbyterian, Weill Cornell, NYU, Columbia Presbyterian. These hospitals are large medical facilities which were built during the course of the past century.

The subway and transit system, has been built and worked on during the course of the last century by union hands. All of this work exposed workers to asbestos. Now you have mesothelioma, and if you worked in New York City, you could have been exposed at these job sites.

We have information about these job sites and about asbestos exposure. I’m Joe Williams, and at our firm we handle cases for mesothelioma victims and their families every day. If you have questions, we can answer those questions. I invite you to look at the number on the screen below, and give us a call. We’ll answer your questions. Thank you.

Brick Layer Exposed to Asbestos

You’re a bricklayer. You’ve now been diagnosed with mesothelioma, and you’re wondering how did you get this disease?

 Mesothelioma Trial Attorney

Hi, I’m Joe Williams. I am a mesothelioma trial attorney, and I want to talk to you a bit about the types of exposures to asbestos that bricklayers faced from their work on the job. In order to do that, I want to talk to you about a prior client I had, and his work is a good example of how bricklayers are exposed to asbestos.

How Do Brick Layers Become Exposed

He worked at very large commercial sites, sites like the World Trade Center, and he also worked at smaller commercial sites. He was a union bricklayer, so he did all commercial work. And the smaller sites for him were six-story apartment buildings, and whether it was a big building or a small building, his work was kind of always the same. He did brick and masonry work, Brick and masonry walls, and from time to time, especially back in the 1950s, some of the actual brick that he used contained asbestos.

But mostly, most of his exposures to asbestos came from the work of other tradesmen. Now when he was doing his work, other tradesmen could be shoulder to shoulder with him or maybe within ten feet working with products that contained asbestos. If he was building walls in a boiler room, plumbers or steamfitters could be working on the boiler systems working with steam pipes and working with the equipment in the boiler room, all of which was insulated with asbestos.

Mixing asbestos, applying it as a insulation material to high heat and to steam equipment while my client, the bricklayer, is putting up a masonry wall not far away. They’re all breathing the same dust, and all of the tradesmen in the room are susceptible to getting mesothelioma. In addition, when he was doing his work in different parts of apartment buildings, other trades were putting up internal walls and putting in floors using building materials that contained asbestos.

These exposures to asbestos, caused by other trades working near my bricklayer client, caused him to get mesothelioma. Now why am I telling you all this? It’s because you have questions about mesothelioma, and about the types of exposures that bricklayers would have to asbestos.

I’m Joe Williams, and at our office we handle cases from mesothelioma victims every day, and we deal with these issues every single day. Call us at our office, we’ll answer your questions. Thanks.

Injured in a Motor Accident

Sometimes even a minor car or biking accident can result in severe long term injuries that can be costly. If you’ve been injured through no fault of your own, don’t go it alone. The legal team at Wilson Law has successfully resolved claims for severely injured individuals, by either negotiating with the insurance company or going to court. Don’t get overwhelmed. See the attorneys at Wilson Law for a free consultation. We’ll even come to you.

At Wilson Law we’re standing up to them and standing up for you.

Navy Machinist Mate Exposed to Asbestos

You are a machinist mate in the United States Navy, and you served our country, and all these years later you’ve now been diagnosed with mesothelioma. And you want to know how did I get this disease? Hi. I’m Joe Williams. I’m a mesothelioma trial attorney, and I want to talk to you about the types of exposures to asbestos, that navy seamen and machinist mates encounter when they worked on navy ships.

I want to do that by talking about a former client of mine, and he actually was a machinist mate on a aircraft carrier. His work took place primarily in the boiler room. You probably know it as the fire room. He worked on all the equipment in the boiler room.

The boiler itself, as well as the pumps that pumped hot water and different fuels and oils for different uses throughout the ship. He dealt with all the systems for propulsion of the ship. And his work with the boiler involve dealing with the asbestos installation that was on this large marine boiler.

There was actually two of them on the ship. And he dealt with the asbestos installation, removing it, reinstalling it after his work. He dealt with asbestos gaskets as it related to the boiler. He dealt with the pumps that were throughout the boiler room and really throughout the ship, in particular the large boiler feed pumps.

He dealt with packing and gaskets that were made of asbestos, as well as insulation that was on the piping and on the pumps. He dealt with valves that were placed throughout the ships, and he also dealt with other equipment in the boiler room and throughout the ship.

The work that he did with asbestos products that included installation, gaskets, and packing, all of these exposures contributed to him developing mesothelioma many decades later. And his doctors informed him that it was those exposures to asbestos when he was in the navy years and years ago, that all these years later, only just a few years ago, caused him to be diagnosed with mesothelioma.

And that’s what’s expected with mesothelioma. The exposures happen, and then 20 to up to 60 years later the patient’s diagnosed with this cancer, mesothelioma. A cancer caused by asbestos. Now, you have questions about mesothelioma, and about the types of exposures that US Navy servicemen faced when they served our country on US Naval vessels.

I’m Joe Williams. At our office we handle cases for victims of mesothelioma and for their families every day. We deal with these issues on a daily basis. Call our office, we’ll answer your questions. Thank you.

Diagnosed With Mesothelioma

You’ve been diagnosed with mesothelioma, but your employer and every employer that you ever worked for is out of business and you’re concerned with how you could have a legal case.

Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City, and I can tell you that almost every client that walks into my office brings up this concern. I’ll give you an example.

 Worker’s Compensation for Asbestos Exposure

A plumber that I represented recently came to my office and talked to me about his exposures to asbestos, but his big concern was that the four plumbing companies that he worked for during the course of his career as a plumber, which was over 40 years, they were all small companies and were all out of business. I explained to him that in New York State, and in most states, you can’t even sue your employer for work-related injuries; your benefits are limited to worker’s compensation.

How a Plumber was Exposed

So when I met with this client, this plumber, we talked about all the ways he was exposed to asbestos and it came out that he was exposed to asbestos from all types of equipment during his 40-year career as a plumber, boilers, and pumps, and asbestos cement, and pipe covering and pipes, and all sorts of things, and he was able to have a very strong and successful case.

 Employer Out of Business, Not Out of Responsibility

Why am I sharing this with you? Because this is a common concern. The client comes into my office and informs more that their employers are out of business, and they think that they can’t address their legal rights. And I explain to them that it’s not just the employer who can be responsible, there’s many other entities who can be responsible, and an asbestos case is really an attempt to capture all of the lifetime exposures to asbestos.

 Contact Us With Questions or Concerns

I’m sure you have many more questions about this topic as it relates to mesothelioma, and we can answer those questions. I’m Joe Williams, and if you look at the screen below you’ll see my office number. I encourage you to give us a call, we’ll answer your questions. Thank you.

Mesothelioma Diagnosis

How is mesothelioma diagnosed? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City and I can tell you that there’s generally two ways that physicians – doctors – diagnose mesothelioma.

Clinical Diagnosis

The first way of diagnosing mesothelioma is a clinical diagnosis. That means that a doctor is evaluating a patient’s presenting symptoms to draw a picture as to what this patient could be suffering from. So the things that are evaluated are things like shortness of breath. Often with mesothelioma victims fluid builds up – it’s called a pleural effusion – but it’s basically just a build up of fluid between the bony rib cage and the lungs and when the fluid builds up it pushes on both the ribs and the lungs. The ribs don’t move, they’re made of bone, so it pushes in and impacts the lungs, makes it harder for the patient to breathe. Shortness of breath is a known symptom of mesothelioma. General fatigue and weakness, weight loss – substantial weight loss, unexplained, in a short period of time – is another factor, another symptom that physicians will use to clinically diagnose or be suspicious of mesothelioma.

Definitive Diagnosis

For mesothelioma victims, the definitive diagnosis comes in the form of a biopsy, and for pleural mesothelioma it’s a biopsy of the pleura. The pleura is the lining on the outside of the lung sometimes referred to as a saran wrap like substance that lines the exterior – the outside – of the lung and doctors will take a biopsy of that surface to determine if a patient has mesothelioma. And how is that biopsy taken? Well, it’s usually taken through a surgical technique and I’d say the most common one would be a video-assisted thoracostomy sometimes known as a vat, V-A-T, a video-assisted thoracostomy. The doctors go in with several instruments, one of which has a camera on it, and the surgeon – the doctor – can visualize the area in the chest where the mesothelioma could be, and with other instruments – and again this is a minimally invasive technique – the physicians can take a biopsy, a piece of flesh.

That biopsy material is then taken and sent to a pathology lab within the hospital. And the pathologist, they’re a specialized doctor who deals with diagnosing disease from looking at a slide. The flesh is put onto a slide and for mesothelioma victims the slides are often stained in certain ways so that different cell types can be visualized when the pathologist looks under a microscope at the slide. That pathologist then writes out a report – it’s called a pathology report – and the pathology report is a very important piece of paper that becomes part of that patient’s medical case because it definitively diagnoses their disease, and it becomes a very important part of their legal case because it definitively diagnoses them as having been a victim of pleural mesothelioma.

I’m sure you have many other questions about how mesothelioma is diagnosed. I’m Joe Williams, and at our firm we handle cases every day for mesothelioma victims. This is what we do every day and we can answer your questions. I encourage you to call our office at the number below and we’d be happy to answer your questions. Thank you.

Asbestos Exposure in Nassau County

You’ve been diagnosed with mesothelioma, and you worked in Nassau County, New York, and you’re wondering, “How did I get this disease?”. Hi, I’m Joe Williams. I’m a mesothelioma trial attorney here in New York, and I can give you some information about asbestos exposures in Nassau County. We know that in Nassau County, LILCO – now it’s known as National Grid – had a powerhouse in Roslyn. We know that at these types of powerhouses, asbestos components were used by the workers during the construction of the powerhouse, and also during the repair and renovation work that’s done on an ongoing basis at a powerhouse like the one that existed in Roslyn, New York. We also know that in Nassau County, the population moved eastward from the city and the boroughs into Nassau and Suffolk Counties. And as that happened, there was a housing boom, and homes – residential homes – apartment buildings were built by union tradesmen, by workers, building Nassau County with their hands. When they did that, they used all manner of building materials, many of which, contained asbestos. The joint compound and sheetrock used to build walls in houses, the floor tile on the floors, the roofs of these homes, and other components as well, exposed these workers to asbestos dust.

Now, you have questions about mesothelioma and asbestos exposure. I’m Joe Williams, and at our firm, we help mesothelioma victims and their families every day. I invite you to give us a call and we’ll answer your questions. Thanks.