Wednesday, April 21, 2010

Mesothelioma Cases

This is a very painful and costly illness. The settlement can help ease the burden brought about the disease by helping patients with their treatment and other medical fees. It will also provide the families left behind by mesothelioma victims with financial security. Victims of this disease can turn to specialized mesothelioma lawyers to claim due compensation for their suffering by filing a lawsuit against the asbestos company that caused their disease.

There are two types of mesothelioma lawsuits. The first is the personal injury lawsuit where the victim, or the person diagnosed with the disease, is living and files the lawsuit himself. The second is the wrongful death lawsuit wherein the spouse or the family of the person who passed away due to the illness files the lawsuit and represent the diseased.

Mesothelioma Cases generally take a year to be completed, and it takes a couple of months, sometimes a number of years, for the company to pay the settlement after the amount is agreed on by both sides. But when the company declares bankruptcy, the plaintiff, unfortunately, gets nothing. But the figure is encouraging. There is am overwhelming number of documented successful Cases against asbestos manufacturing companies. The settlement amount paid by companies ranges from a hundred thousand to a couple of million dollars.

One example of the many successful mesothelioma lawsuits is the case of Caldo vs. John Crane, Inc. (2005, San Francisco Superior Court, Case No. 412325)

Mr. Caldo was a navy mechanist and an engineering officer exposed to asbestos made by John Crane, Inc. Mr. Caldo was responsible for removing and installing pump and valve packing and gaskets during his naval career. All through his working years, Mr. Caldo was exposed with airborne asbestos from the thermal insulation, packing, and gaskets in the engine rooms of ships. At 60, he was diagnosed with Pleural mesothelioma. He filed a case against the manufacturer, John Crane, Inc. and the jury returned a verdict of $8.6 million in his favor. This settlement amount enabled him to live comfortably the remaining days of his life. Although the disease eventually took his life, he was able to secure the future of his family.

Another successful mesothelioma lawsuit was filed by Mr. Hoeffer against Rockwell Automation. (2003, San Francisco Superior Court, Case No. 28817)
As an electrician for most his life, Mr. Hoeffer was constantly exposed with asbestos contained in the electrical equipment he worked with. After he was diagnosed with Pleural mesothelioma, he filed a lawsuit against Rockwell for its defective products and negligence. The company held out from agreeing on a settlement. In the end, the jury awarded $2,999,543 to the 74 year old retired electrician.

!: Answer Mesothelioma Article








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