Mesothelioma FAQs

Frequently Asked Questions

1. What is asbestos?

Asbestos is a form of magnesium silicate. The mineral was mined and then crushed into tiny pieces. This product is an indestructible, fine, needle-like particle that becomes airborne when exposed and is easily inhaled. Over 250 million tons of asbestos were mined between 1890 and 1970.

There are six types of asbestos, three of which have been used commercially. The most common type of asbestos used is called white (chrysotile) asbestos. Asbestos was used in products such as insulation, gaskets, floor tiles, automobile brakes, and joint compounds. There are over 500 specific products believed to contain asbestos. To see a complete list of asbestos products, click here.

2. How are people exposed to asbestos?

When asbestos products were installed, repaired, maintained, renovated or removed, the asbestos was scraped, cut, sanded, or mixed with other products, such as cement. These processes created asbestos dust, which was then breathed in by workers. Asbestos dust remains airborne for weeks, affecting those who worked directly with asbestos, as well as those who simply worked nearby. When an area is swept, the dust is stirred up and airborne again. One cloud of dust contains millions or billions of asbestos fibers.

3. Who is at risk for asbestos exposure?

Many different workers were exposed, including factory workers, pipefitters, miners, auto mechanics, roofers, railroad workers, gas mask manufacturer workers, shipyard workers, plumbers, metal workers, machinists, mechanics, electricians, and powerhouse workers. See a list of companies. Some people who were exposed cannot recall how it happened, but a careful review and thorough examination of their job history and lifestyle can reveal how and where exposure happened.

Asbestos exposure has also affected family members of workers who brought asbestos dust home on their clothing, skin, hair, and shoes. Secondhand exposure is called para occupational exposure.

As early as the 1920s, the companies who made asbestos products were aware of the dangers they created. However it wasn't until the 1980s that asbestos products were banned in the United States. During the time period when asbestos was used, there were known alternatives to asbestos and yet these companies chose to continue to recklessly sell and use asbestos products until they were banned by the government. The companies did not inform workers about the dangers and continued to profit from the use of asbestos, and as a result, many Americans were exposed to asbestos without their knowledge and became ill and died as a result.

4. Why is asbestos dangerous?

Asbestos is dangerous because its tiny particles become lodged in the lungs and damage the lungs and internal organs. Even a tiny amount of inhaled asbestos can cause severe illness. There is no known way to remove asbestos fibers from the body. The particles stay in the body and can cause an asbestos-related illness 15 to 50 years after exposure. The particles are like a time bomb waiting to explode and once they do, the result is very serious.

5. Could I have been exposed to asbestos in my home?

Exposure to asbestos at home usually occurs when renovation or repair work is done, or when you are in contact with other family members who work in an asbestos environment. Asbestos is so toxic that small particles on family members' clothing, skin, hair, or shoes can cause asbestos-related illnesses in family members that come in contact with it.

Most building products that are manufactured today do not contain asbestos, but asbestos was commonly used prior to 1970. Home products such as joint compounds, wallboards, gaskets, fireproofing, pipe coverings, cement, floor tiles, ceiling tiles, and boiler insulation often contained asbestos. Anytime these products are mixed, sprayed, sanded, grinded, sawed, cut, or removed they can result in exposure. Exposure to these airborne fibers can cause an asbestos-related illness 15 to 50 years later.

6. Who is responsible for asbestos exposure?

The manufacturers, contractors, distributors, sellers, suppliers, and installers who used, sold, or created asbestos products, and property owners who permit asbestos materials on their property are responsible for asbestos exposure and can be held legally responsible for the resulting injuries and illnesses caused by asbestos exposure.

7. What is mesothelioma?

Mesothelioma is actually two forms of cancer:

• pleural mesothelioma a cancer of the lining of the lung (the pleura); and
• peritoneal mesothelioma a cancer of the lining of the abdominal cavity (the peritoneum).

The cancer forms in the lung or abdominal membrane and spreads along the surface of the membrane to other vital organs. Mesothelioma usually develops years after asbestos exposure, often 15 to 50 years. Even a short length of intense exposure as a teen can be enough to cause mesothelioma later in life. Unfortunately, mesothelioma is always fatal. If you suffer from mesothelioma symptoms or have been diagnosed with it, you have legal rights to financial compensation that can help protect your future and your family.

8. What are the symptoms of mesothelioma?

Symptoms of pleural mesothelioma (in the lung) include:

• Build up of Fluid: Fluid in between the lining of the lung and chest cavity (called pleural effusion) builds up. As the fluid increases, it leads to shortness of breath and/or pain.
• Shortness of Breath: This results from fluid build up or tumors in the pleural lining.
• Chest and/or Back Pain: Fluid build up in the lungs can cause a feeling of fullness or pressure, resulting in pain in the chest cavity. Chest pain is most common on the right side of the body since most instances of mesothelioma affect the right lung. The left lung is affected in only 5% of cases.
• Swelling of Face and Arms: This symptom can indicate that disease has spread beyond the lungs.
• Other Symptoms: These include chronic hoarseness, difficulty swallowing (dyspahgia), coughing up blood (hemoptysis), fever, muscle weakness, sensory loss, weight loss, and nausea.

Symptoms of peritoneal mesothelioma (in the abdomen) include:

• Abdominal Swelling and/or Pain: This is due to a build up of fluid in the abdomen.
• Bowel Obstruction: Tumors can place pressure on the organs and cause bowel obstruction.
• Weight Loss and/or Anemia: Loss of appetite, nausea and anemia are the result of pressure or pain in the abdomen.
• Other Symptoms: These include frequent urination, night sweats, fever and loss of muscle tissue.

Because there are a wide variety and range of symptoms, it is important that you or your loved one obtain medical care immediately if any of the above symptoms occur. It is essential that you tell your health care provider about any possible asbestos exposure.

9. How is mesothelioma diagnosed?

Mesothelioma is often difficult to diagnose. Since it is a rare disease, many health care providers are not informed enough about it to recognize it. The symptoms of mesothelioma are often the same or similar to symptoms of other illnesses, making it only one of many things that must be tested for.

Because mesothelioma does not emerge until 15 to 50 years after exposure, it can be difficult for patients and health care providers to make the link between the illness and the exposure. Additionally, many victims don't know they were exposed and it is only after diagnosis that they begin to explore their work history to determine how exposure could have happened.

Mesothelioma is diagnosed using:

• Medical and Occupational History
• Physical Exam: This includes listening to the chest with a stethoscope to detect and analyze breathing sounds. Physicians may ask the patient to make certain sounds and listen for them through the chest. The physician may also tap on the chest and listen for a dull thumping sound. Enlarged lymph nodes are also an important indicator.
• Diagnostic Imaging Tests: CT (Computed Tomography) scans, MRIs (Magnetic Resonance Imaging), chest x-rays, and PET (Positron Emission Tomography) are used to 'see' inside the body and detect tumors and fluid.
• Pathological Tests: Cytology (examination of fluid from the lung) and pathology (examination of tissue samples) is performed on samples obtained using thoracoscopy (a tiny video camera inserted into the lung that can take biopsies), laparoscopy (a tiny video camera inserted into the abdomen that can take biopsies), bronchoscopy (a tube inserted down the throat and into the lungs that can take a biopsy), and mediastinoscopy (a lighted tube inserted into the chest that allows the surgeon to see lymph nodes and take samples) are methods that are used.
• Pulmonary Function Tests: These tests evaluate the pulmonary system.

OSHA (the U.S. Occupational Safety and Health Administration) recommends annual medical surveillance for workers exposed to asbestos. If you are over the age of 45 and were exposed to asbestos on the job more than ten years ago, you should be evaluated for asbestos disease, even if you don't have any symptoms.

10. Can mesothelioma be treated?

Unfortunately, there is no known cure for mesothelioma, but there are a variety of treatments and options you can pursue which can help contain the spread of the disease and increase the life span of the patient. Treatments are often used in conjunction with each other to provide the best results. Some of the treatments available include:

Surgery.
There are a variety of surgeries that are used to treat mesothelioma. The tumors associated with mesothelioma tend to be large and are difficult to remove entirely. There are two general categories of surgery used for mesothelioma:

• Palliative Procedures. This treats the symptoms, focusing on making the patient comfortable instead of treating the disease. Some options include chest tube trainage and pleuroperitoneal shunt.
• Curative Options. These are treatments that seek to remove the disease from the body and prevent it from recurring. Treatment includes pleurectomy/decortication, which is a surgical removal of the pleura, the lining of the lungs. Another option is extra-pleural pneumonectomy which is the removal of the pleura as well as the entire lung and diaphragm and pericardium. This is a radical treatment and should only be done by a medical center that specializes in this type of treatment.

Chemotherapy
Chemotherapy is a drug treatment plan designed to destroy the cancer cells and prevent them from spreading. Drugs are placed directly in the bloodstream. For mesothelioma, the goal of chemotherapy is not to cure the cancer, but to shrink the tumors and prevent the spread of the disease. Drugs that have proven useful include doxorubicin, gemcitabine, cisplatin, carboplatin, epirubicin, cyclophosphamide, ifosfamide, vinorelbine, paclitaxel, and methotrexate.

Radiation
Intense x-rays are used to shrink tumors and destroy cancer cells. Radiation is effective for relieving pain, but can be difficult to use without causing further damage to the lungs, heart, and liver.

Non-Traditional Therapies
There are many emerging treatments that some patients try. These include:

• Photodynamic Therapy
  Patients take drugs to make their bodies particularly sensitive to light. Fiber optic cables are then surgically implanted in the body and light energy is directed towards the tumor. This treatment is still considered experimental for mesothelioma treatment.
• Gene Therapy
  Genes are inserted directly into tumors, making the cancer cells highly susceptible to certain drugs. The patient takes the drug and it directly impacts the cancer cells which have been genetically altered so that they will be killed by the drugs. This treatment is in clinical trials.
• Immunotherapy
  The body's own immune system is 'taught' to fight the cancer cells using biological response monitors. Clinical studies are currently underway for this therapy.

11. What other illnesses are linked to asbestos exposure?

Several other illnesses are caused by asbestos exposure, including:

• Lung Cancer
  Workers exposed to asbestos are five times more likely to develop lung cancer than people who have not been exposed. Smokers who are exposed to asbestos are at an even higher risk for lung cancer.
• Asbestosis
  Inhalation of asbestos fibers causes scarring of lung tissue. The scarring impairs the lungs' elasticity, which makes it difficult for them to exchange gases inside the body. The result is an inadequate amount of oxygen in the blood which leads to shortness of breath. There are different degrees of asbestosis, ranging from mild to severe. The disease is also sometimes called diffuse interstitial pulmonary fibrosis, or pneumoconiosis.
• Pleural Disease
  The pleura is the thin membrane that lines the inside of the chest cavity and outside of the lungs and which allows the lungs to expand and contract. Asbestos exposure can cause this lining to calcify, or harden. Thickened areas are called pleural plaques. A person with pleural disease is at risk for developing more serious asbestos-related diseases.
• Other Cancers
  Asbestos has also been associated with many other cancers, including cancer of the throat and stomach.

12. Can I still file a case if I'm a smoker?

Yes, you can. Smoking is not a cause of mesothelioma or asbestosis. Only asbestos exposure can cause these illnesses. Asbestos and cigarette smoke can work together to cause lung cancer and smoking can increase your chances of developing lung cancer.

13. What are my legal rights if I have an asbestos-related illness?

If you have been diagnosed with mesothelioma or another asbestos-related illness, you can bring a legal claim against the companies that manufactured, sold, distributed, or installed asbestos. Even if you are unable to pinpoint how you might have been exposed or what asbestos product you were in contact with, Lipsitz & Ponterio, LLC can use its extensive investigational information and records to help determine what caused your illness. We can find the documents and witnesses that will prove you were exposed to asbestos. You have a limited amount of time to file a claim, so it is important to contact an attorney as soon as possible.

14. Can I bring a case for my family member?

Yes. If a family member has been diagnosed with or has passed away from an asbestos-related illness, please contact us and we will help you file a claim to receive compensation for you and your family.

15. How does a case progress?

A Lipsitz & Ponterio, LLC attorney will meet with you to discuss your case. He or she will talk with you about your case and take a medical and occupational history. Lipsitz & Ponterio, LLC will only take your case if we believe that there is a reasonable likelihood that your case will have a successful outcome.

We will have you sign documents that allow us to represent you and to obtain records on your behalf. We will then research your case and file an individual legal claim on your behalf against the manufacturers, distributors, sellers and/or installers of asbestos. We do not file class action lawsuits; instead, we handle each case individually. You cannot sue your employer over asbestos, but you can pursue a worker's compensation case (click here for more information about this).

Once the suit has been filed, we must wait for the defendants to respond, which usually takes one month. The next phase in the case is discovery, at which time evidence is organized to prove that the defendants are responsible for your condition. You will testify at a deposition and answer questions about your health, background, and employment.

Some defendants may settle the case without a trial and it will be up to you whether or not to accept any offers. We will advise you throughout this process. If a defendant should refuse to pay you and your family a reasonable compensation, your case will go to trial. You will need to testify in court and we will bring in experts and other witnesses to help prove your case.

Our experienced trial attorneys will handle your case from start to finish. The case will usually be resolved within one year. Throughout the process our main concern is you, your health, and your family. We will do everything we can to accommodate you and make sure you are comfortable, including arranging depositions at your own home if necessary.

Often by the time a person is diagnosed with mesothelioma, he or she is extremely ill or has passed away before a lawsuit can be brought. If the victim is unable to testify, we work with family members to put together the facts needed to prove the case. We also use our well developed resources and experience in this area to help assemble the information needed to prove a claim. If a victim has passed away, a case can still be filed through the victim's estate and on behalf of his or her family.

16. What if the company responsible for my illness is bankrupt?

You may have read about some asbestos companies filing for bankruptcy protection. When a company files for bankruptcy and it class="bold" has used or sold asbestos, the bankruptcy court sets aside a certain amount of money that is to be used to compensate injured victims. In addition, there are other companies that can be held responsible, including the distributors, sellers, and installers.

Bankrupt defendants include:

• A.P. Green Industries
• ACandS
• Armstrong World Industries
• Babcock & Wilcox
• CCR
• Celotex
• Combustion Engineering
• Eagle-Picher
• Fibreboard
• Flexitallic
• Flintkote
• Forty-Eight Insulations
• GAF
• Gasket Holdings
• General Refractories
• Harbison Walker
• Kaiser Aluminum & Chemical Corporation
• Manville
• NGC Settlement Trust (f/k/a Asbestos Claims Management Corp.)
• North American Refractories
• Owens Corning
• Plibrico
• Pittsburgh Corning
• Quigley
• Rapid American
• Special Materials
• T&N
• UNR
• US Gypsum
• US Mineral Products
• Wickes
• W.R. Grace

17. Why should I choose Lipsitz & Ponterio, LLC?

Lipsitz & Ponterio, LLC is highly experienced in mesothelioma litigation. Michael Ponterio has been representing people suffering from asbestos caused mesothelioma for 20 years. He obtained the first personal injury jury verdict in the State of New York for an asbestos victim (Racich v. Celotex Corporation) and also obtained the first punitive damage award for an asbestos worker in the State of New York (Racich v. Celotex Corporation). Michael Ponterio and John Ned Lipsitz also received the first personal injury jury verdict in Buffalo, New York, on behalf of an asbestos victim (Wolf v. Celotex Corporation). Lipsitz & Ponterio, LLC has obtained jury verdicts on behalf of families of asbestos workers in excess of twenty million dollars.

If you worked in an industry at high risk for asbestos and have been diagnosed with mesothelioma or another asbestos-related illness, or have lost a loved one to mesothelioma or an asbestos-related disease, you have the right to seek compensation from the companies that caused the exposure. (Monetary compensation cannot ease your pain or make up for your loss, but it can ease the burden of medical bills, living expenses, and lost income and provide continued support for your family.)

Lipsitz & Ponterio, LLC provides caring, professional legal assistance. We treat each case individually and carefully research and investigate every victim's case. We will explain your rights to you, discover the source of your exposure, and help you get the compensation you deserve.

18. What are the costs to me?

Our firm will represent you and your family members on a contingency basis. We are not paid unless we successfully settle your case or prevail in court. If your case is not successful, there is no cost to you. While the case is pending, we will advance the necessary costs of pursuing the case. Once the case is concluded, our expenses and legal fees are deducted from the money we recover on your behalf.

One of our attorneys will be glad to discuss the terms of the contingency agreement with you and your family and answer any questions you may have. We want to be certain you understand and feel comfortable with the details of the agreement. You will receive a copy of the contingency agreement.