‘lawyer’ Tagged Posts

Can we sue for mental anguish? Please help!! 10 points!!?

My mother and I have essentially put our lives on hold to take care of my terminally ill grandfather. We have family members who don't want to respect...


 

My mother and I have essentially put our lives on hold to take care of my terminally ill grandfather. We have family members who don't want to respect my mother because she is disabled (they stated it to the police when we had to call the police on them). I had to call the police and file a report against one family member who attempted to attack my mother, and ended up fighting me. They've come over our house (which is actually my grandfather's house but we live with him to take care of him) and have refused to leave. The police again had to be called to make them leave. They have called DHR on us claiming abuse (which was proven to be unfounded), they then called DHR again saying we were murdering my grandfather by over-medicating him with morphine (which was also found to be untrue). They then took me and my mother to court, but my mother was granted guardianship despite what they said. We had to pay money for a lawyer for this event as well. The court said they are allowed to visit between the hours of 10am-8pm. When they come in, they sneak in food to give to my grandfather (we've caught them), and then his hands/feet swell and WE have to answer to the nurse. They leave the door open for one another, so we don't know who is coming in and out of our own house.

Can we sue them for mental anguish? It's hard enough taking care of someone who is 85, has lung cancer, AND mesothelioma, then we have to worry about this. What can we do?

Can we sue for mental anguish? Please help!! 10 points!!?

 

My mother and I have essentially put our lives on hold to take care of my terminally ill grandfather. We have family members who don't want to respect my mother because she is disabled (they stated it to the police when we had to call the police on them). I had to call the police and file a report against one family member who attempted to attack my mother, and ended up fighting me. They've come over our house (which is actually my grandfather's house but we live with him to take care of him) and have refused to leave. The police again had to be called to make them leave. They have called DHR on us claiming abuse (which was proven to be unfounded), they then called DHR again saying we were murdering my grandfather by over-medicating him with morphine (which was also found to be untrue). They then took me and my mother to court, but my mother was granted guardianship despite what they said. We had to pay money for a lawyer for this event as well. The court said they are allowed to visit between the hours of 10am-8pm. When they come in, they sneak in food to give to my grandfather (we've caught them), and then his hands/feet swell and WE have to answer to the nurse. They leave the door open for one another, so we don't know who is coming in and out of our own house.

Can we sue them for mental anguish? It's hard enough taking care of someone who is 85, has lung cancer, AND mesothelioma, then we have to worry about this. What can we do?
Would I go to adult protective services? I also have an email from one of the relatives stating she would leave his oxygen off--which he needs to breathe. Something needs to be done. Who would I ask for in DHR?

HELP! Can you review this case? Please? What do you think is wrong with this case?

 

Ok well a friend of mine is going through a lawsuit about some asbestos where he formerly worked. It was a paper mill that was around his family and most of his family and friends worked there(The mill closed down like in the early 90s). A lawyer approached him and his family/friends telling them that they had a case. So they went ahead and sued and for over 10 years the case has been in the process. Now the case is supposedly settled. He called the lawyer and the lawyer says its supposed to be millions but he doesn't know the exact amount. Some people in his family have died from brain damage, cancer, etc. which we don't know if its asbestos related it could have been. The lawyer says you only get money if you have some kind of birth defect but you don't get money for the brother/sister, mother/father that you lost that was possibly from the asbestos in the mill. Do you think this case is fishy? I think its strange that they don't know how much money him and his family are getting....
I KNOW THIS IS P &S ALL THE OTHER SECTIONS ARE EMPTY!...Also the case was held in Texas and we're in Louisiana so all the court dates or whatever were never attended by him or his family/friends only by the lawyer. So no one knows what went on in the court room. His family trusts the lawyer with everything! They think that he's going to do everything honestly but I was trying to tell them that lawyers are crooks and you can't trust them to handle everything for you. Next week the family is supposed to sign to close the case and he still doesn't know how much each family will receive. He says after they sign next week the checks will be sent out in the upcoming weeks. Plus there are some people in my friends family that weren't on the list anymore because they didn't have a birth defect...I think this is very fishy. Please tell me what do you think I should tell him to do because he feels that its stranger too. Thanks a million! ANYTHING would help me...I know this is long! =] x

Can you review this case? Please? What do you think is wrong with this case?

 

Ok well a friend of mine is gong through a lawsuit about some asbestos where he formerly worked. It was a paper mill that was around his family and most of his family and friends worked there(The mill closed down like in the early 90s). A lawyer approached him and his family/friends telling them that they had a case. So they went ahead and sued and for over 10 years the case has been in the process. Now the case is supposedly settled. He called the lawyer and the lawyer says its supposed to be millions but he doesn't know the exact amount. Some people in his family have died from brain damage, cancer, etc. which we don't know if its asbestos related it could have been. The lawyer says you only get money if you have some kind of birth defect but you don't get money for the brother/sister, mother/father that you lost that was possibly from the asbestos in the mill. Do you think this case is fishy? I think its strange that they don't know how much money him and his family are getting....
Also the case was held in Texas and we're in Louisiana so all the court dates or whatever were never attended by him or his family/friends only by the lawyer. So no one knows what went on in the court room. His family trusts the lawyer with everything! They think that he's going to do everything honestly but I was trying to tell them that lawyers are crooks and you can't trust them to handle everything for you. Next week the family is supposed to sign to close the case and he still doesn't know how much each family will receive. He says after they sign next week the checks will be sent out in the upcoming weeks. Plus there are some people in my friends family that weren't on the list anymore because they didn't have a birth defect...I think this is very fishy. Please tell me what do you think I should tell him to do because he feels that its stranger too. Thanks a million!

I would like to find public court files and I don't have a docket number. what can I do?

 

This case has to do with my dad who is now deceased and the papers do not appear under his name. My brother is the Executor of my father's will and doesn't want to give the information and right now he is nowhere to be found. I will llike to know if there is any way of finding this information this could be in NJ court, already call the court and they can't find it. They are telling me a need a docket number which I don't have or the lawyers do not want to provide. This has to do a with mesothelioma case.
Is there any coding for these cases and where can I find this info. The lawyers for this case are telling me they can't give me any info because I'm not the Executor in the case. Please help. If anyone knows who should I contact that could help. I have no money to hire a lawyer. If this is in the cour'ts public record do I have the right to have them? Are the lawyers for this case telling me the truth?

Mesothelioma Law Firm California

 
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Steps To Surviving Mesothelioma

Author: Nick Johnson

Determining where to go after the diagnosis of Mesothelioma can be about as conflicting as how it happened to you in the first place. Mesothelioma is an equal opportunity disease, afflicting anyone who has a long history of asbestos exposure. Just because you may or may not have worked directly with asbestos doesn't mean that you weren't placed at risk.

Adults who had a parent who worked in a high risk environment are now developing Mesothelioma. As children they hugged their parents as they came in through the door, and the chronic exposure was enough to entice Mesothelioma into action. Children's bodies are far more sensitive to these types of risk factors.

While your head is spinning with the factors that presented you with Mesothelioma in the first place, whether it was work environment or disaster related or parental hugs that landed you here, it is imperative to act quickly to find yourself the best medical care possible. Unfortunately that typically means finding the best Mesothelioma lawyer as soon as possible as well. Companies are less than forthright about their own culpability in Mesothelioma cases and often insurance companies are looking to find another avenue of fault.

Mesothelioma doctors estimate that the death rate from this horrid disease will peak within the present decade. It has been expected that there will be cases of Mesothelioma well into the next one hundred years since legislation does not currently require tight enough restrictions on asbestos. Mesothelioma doctors have found that nearly three times as many men contract Mesothelioma as women, but there has been no determination as to why this is the case. Some link higher rates of Mesothelioma rates in men to the past standard for working women, and fewer women were once exposed. Mesothelioma doctors state that there is no significant difference in the death rate of Mesothelioma victims when determining gender based factors.

Mesothelioma requires a specialist, and often the medical expenses associated with Mesothelioma are higher than exorbitant. It often requires a competent Mesothelioma lawyer to be able to assist victims in attaining medical funds which are rightfully theirs not to mention money toward living expenses, and compensation for the wrongdoing of American big business.

Mesothelioma patients who undergo complete mind, body, spirit treatments do better than those who only undergo treatment that focuses only on killing cancer cells. Mind, body, spirit treatment is typically a misunderstood approach. It simply means that there is more than just chemical warfare waged on the body. It means that nutrition, physical therapies, counseling, focus groups, stress management, and all forms of health are focused on to encourage the patient to have the best possible outcome.

Mesothelioma is a disease with the capability to wipe people out emotionally just as easily as it can physically. Research has proven that Mesothelioma patients who adhere to whole-istici approaches to their treatment have a higher success rate at either surviving the disease or living a higher quality of life for longer than originally anticipated.

There are many decisions that need to be made in a short amount time when diagnosed with Mesothelioma. Mesothelioma settlements can take a long time to reach and lawsuits involving Mesothelioma do not necessarily happen within appropriate timeframes. Patients often find themselves in the painful position of having to retain a Mesothelioma lawyer in effect to fight on their behalf after they are gone in the hopes that the family they left behind will be financially compensated. It is not terribly uncommon for a Mesothelioma lawsuit to transform itself into a Mesothelioma wrongful death suit.

Mesothelioma lawyers should also be able to speak on your behalf should you no longer be able to present yourself for any required hearings or testimony. Some Mesothelioma lawyers will accept power of attorney and attempt to counsel between the family and medical professionals in an attempt to do what is right for the Mesothelioma victim.

There are no guarantees that the best doctors with the best approaches can successfully treat Mesothelioma. There are numerous factors that go into this low survival rate disease. However, finding top notch Mesothelioma doctors who understand the importance of holistic practices, nutritional therapies, stress therapies, and various forms of alternative treatments to use in conjunction with aggressive conventional treatments can seriously alter a Mesothelioma patient's chances of survival.

Article Source: http://www.articlesbase.com/law-articles/steps-to-surviving-mesothelioma-119651.html

About the Author

Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving Mesothelioma. Call 1-888-311-5522 today or visit http://www.nickjohnsonlaw.com for a free case evaluation.


Mesothelioma Is

 
Mesothelioma is rare, with about 2,000 or 3,000 people in the United ...

Lung Cancer when Associated with Asbestosis and Mesothelioma is an Occupational Disease

Author: Montwrobleski77

The assertion that asbestosis must be present in order to attribute a lung cancer to asbestos exposure does not meet accepted standards for establishing causation.  One interesting study is called, "Historical perspectives in occupational medicine. Changing attitudes and opinions regarding asbestos and cancer 1934-1965" by Philip E. Enterline PhD - American Journal of Industrial Medicine Volume 20, Issue 5, pages 685-700, 1991.  Here is an excerpt: "Abstract - Literature published in the years 1934-1965 was reviewed to determine attitudes and opinions of scientists as to whether asbestos is a cause of cancer. In Germany, the issue was decided in 1943 when the government decreed that lung cancer, when associated with asbestosis (of any degree), was an occupational disease. In the United States, however, there was no consensus on the issue until 1964. Opinions of scientists over a 22 year period are shown and the contributions of various cultural, social, economic and political factors to these opinions are discussed. A lack of experimental and epidemiological evidence played a major role in delaying a consensus. Other important factors included a rejection of science conducted outside of the U.S. during this period, particularly a rejection of German scientific thought during and after WWII, and a rejection of clinical evidence in favor of epidemiological investigations. Individual writers rarely changed their minds on the subject of asbestos as a cause of cancer."

A second study is called, "Lung cancer and asbestos exposure: Asbestosis is not necessary" - David Egilman MD MPH, Alexander Reinert - American Journal of Industrial Medicine - Volume 30, Issue 4, pages 398-406, October 1996.  Here is an excerpt: "Abstract - Recent commentaries on the issue of asbestos-related lung cancer have raised important points. One major question is whether lung cancer can be attributed to asbestos exposure in the absence of asbestosis. This review attempts to place the debate in the proper context for establishing causation. Relevant epidemiologic and pathologic studies are analyzed, as well as the scientific basis for each position in the debate. The assertion that asbestosis must be present in order to attribute a lung cancer to asbestos exposure does not meet accepted standards for establishing causation. In addition, some evidence has been incorrectly cited in support of this position. This discussion can benefit from clearer definitions of asbestosis, a more thorough evaluation of the available scientific information, and a proper context for determining causation. This review of the available evidence indicates that lung cancers can occur as a result of asbestos exposure, in the absence of clinical or histologic asbestosis. Causation in an individual should be assessed by considering duration of exposure, intensity of exposure, and appropriate latency."

A third study is called, "Induction of micronuclei, hyperdiploidy and chromosomal breakage affecting the centric/pericentric regions of chromosomes 1 and 9 in human amniotic fluid cells after treatment with asbestos and ceramic fibers" by Elke Doppa,  Maik Schuler, Dietmar Schiffmanna and David A. Eastmond - Mutation Research/Fundamental and Molecular Mechanisms of Mutagenesis - Volume 377, Issue 1, 9 June 1997, Pages 77-87.  Here is an excerpt: "Abstract - This article describes the induction of micronuclei, hyperdiploidy and chromosome breakage in human amniotic cells in vitro by amosite, chrysotile and crocidolite asbestos, and ceramic fibers. The response of human (amniotic fluid cells) and rodent (Syrian hamster embryo fibroblasts, SHE) cells to fiber treatment was compared using the micronucleus assay. The data of the rodent studies were taken from a previous investigation (Dopp, E. et al. (1995) Environ. Health Perspect., 103, 268-271). All types of mineral fibers caused a significant increase of micronucleated cells. The kinetochore analysis revealed that all three types of asbestos and ceramic fibers yielded similar effects. Approximately 50% of the induced micronuclei were kinetochore-negative indicating formation through clastogenic events. Human amniotic cells were much less susceptible than SHE cells to the induction of micronuclei by mineral fibers. This again demonstrates that SHE cells are more susceptible to chromosomal changes than human amniotic fluid cells. The application of fluorescence in situ hybridization (FISH) with tandem DNA probes yielded more detailed information about specific structural chromosome aberrations in the 1 (cen-q12) and 9 (cen-q12) regions and about abnormal numbers of chromosomes in interphase human amniotic fluid cells. Using this FISH approach we found a statistically significant increase of chromosomal breakage in the pericentric heterochromatin regions of chromosomes 1 and 9 in interphase human amniotic cells after exposure to asbestos and ceramic fibers compared to control cells. The number of hyperdiploid cells was also significantly increased. Our results show that asbestos fibers as well as ceramic fibers are inducers of structural and numerical chromosomal aberrations in human amniotic fluid cells."

We all owe a debt of gratitude to these fine researchers for their important work.  If you found any of these excerpts helpful, please read the studies in their entirety.

Article Source: http://www.articlesbase.com/cancer-articles/lung-cancer-when-associated-with-asbestosis-and-mesothelioma-is-an-occupational-disease-3251688.html

About the Author

Monty Wrobleski is the author of this article, for more information please visit the following links

Depuy Hip Recall

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Asbestos Mesothelioma Attorney

 
Asbestos Mesothelioma Attorney

Major Consumer Chains Sell Asbestos-tainted Toys

Author: Katie Kelley

Copyright (c) 2008 Katie Kelley

During the holiday shopping season of 2007, an asbestos watchdog group known as the Asbestos Disease Awareness Organization uncovered a children's toy containing elements of asbestos, which is a cancer-causing fiber.

While production of the toy has ceased, an article from The New York Times in April 2008 elaborated on the near forgotten incident. Currently, litigation has been developed in the Los Angeles Superior Court between ADAO and CBS Corporation, Planet Toys Inc. (manufacturers of the CSI Fingerprint Examination Kit) and several retailers for their involvement in the sale of the asbestos-tainted toy. Families affected by the contaminated toy should also consider developing litigation for the exposure of "substantial quantities of tremolite asbestos."

The ADAO has also continued its testing of other products and found several containing asbestos, including additional children's toys.

ADAO is an organization that utilizes volunteers, several of whom have either been affected directly by asbestos-related illnesses or have watched friends and family suffer from the diseases, including mesothelioma. The organization funds research that may affect public health, and the group acts as a watchdog for asbestos-tainted products or violations of asbestos policies, which have been set by the Environmental Protection Agency (EPA).

What is Asbestos?

Asbestos is considered a human carcinogen by the federal Department of Health and Human Services and is a "naturally occurring, fibrous silicate mineral," according to the EPA. Asbestos becomes deadly when microscopic fiber bundles bind and become airborne.

When inhaled, the results can be deadly and severely damage an individual's body through the development of mesothelioma cancer. In addition to mesothelioma, asbestos can cause lung cancer or asbestosis, in which fibrous tissue scars the lungs.

Asbestos that was mined was used in an array of industries, according to the EPA:

* thermal/acoustic insulator used for fire proofing

* roofing and siding shingles made with asbestos cement

* textured paint and patching compounds used on wall and ceiling joints

* artificial ashes and embers for gas-fired fireplaces

* stove-top pads

* vinyl floor tiles, flooring and adhesives

* asbestos blanket or tape for hot water and steam pipes

* oil and coal furnaces

Asbestos-Affected Children's Toys

Tracing asbestos can be a difficult process because it is often overlooked, especially since it is not a common ingredient in manufacturing products anymore, although, it was at one time. The ADAO has been testing thousands of products for the contamination of asbestos in toys as well as regular products. Currently, they have determined several toys to have had trace amounts of asbestos including:

* CSI Fingerprint Examination Kit

* Ja-Ru Toy Clay (found among three varieties of the product)

* Art Skills' Clay Bucket (asbestos found in six colors of clay)

Additionally, there are several other products the ADAO found with asbestos traces that are not directly related to children's toys, but could still affect a child's health. One of the major concerns is use of talc baby powder on babies, which could contain small amounts of asbestos. Other products that have been found with asbestos contamination, according to the ADAO, include:

* Scotch High Performance and All Weather Duct tapes

* DAP Crack Shot Spackling Paste

* DAP 33 Window Glazing

* Gardner Leak Stopper

The organization also found that hair rollers, hot plates, powdered cleansers and small appliances were at risk for adversely affecting public health with asbestos fibers. The organization noted that these products are all being sold at national retail chains including:

* Wal-Mart

* Costco

* Toys "R" Us

* Home Depot

* Lowe's

* Macy's

* Bed Bath & Beyond

* CVS

Consumer Affairs, a Web-based consumer news and resource center, issued the following tips to assist parents, relatives and friends with purchasing toys for children, in order to better protect children from asbestos exposure. The list includes the following:

* Be a vigilant shopper and read all warnings that may include a toy breaking, containing small parts or fire and choking hazards.

* Read product reviews that are both done by independent panels and consumers.

* Research information on the most recent product recalls.

* Inspect toys; any toys that are broken should be thrown away.

* Research how, where and when a product was created.

What to do if Your Child is Exposed to Asbestos

If a child is exposed or even may have potentially been exposed to asbestos containing tremolite, it is imperative that medical assistance is sought immediately. Because of the nature of asbestos-induced conditions, if a child is exposed to asbestos and goes untreated as if everything were fine, they could develop mesothelioma cancer years later, which is why immediate medical care is advisable.

Because asbestos exposure among children is considered extremely avoidable, developing a lawsuit for damages incurred may be a necessary step. Victims should located an experienced mesothelioma attorney to learn more about developing a mesothelioma lawsuit.

Article Source: http://www.articlesbase.com/health-articles/major-consumer-chains-sell-asbestostainted-toys-526575.html

About the Author

Learn more about mesothelioma and asbestos-tainted products at http://mesothelioma.legalview.com or at http://www.LegalView.com/. LegalView provides an array of resources for individuals who may be suffering from a traumatic brain injury accident or who need assistance in locating a truck accident attorney.


Asbestos Lungs

 
The Control of Asbestos Regulations required that workers exposed to ...

Asbestos Exposure and Ferruginous Bodies in the Lungs

Author: Montwrobleski77

One interesting study is called, "Asbestos-contaminated nappies and familial mesothelioma." By Li, FP, Dreyfus, M Gand Antman, KH - Lancet. Vol. 1, no. 8643, pp. 909-910. 1989.  Here is an excerpt: "Mesothelioma has been reported in families of asbestos workers who carried home these fibers on body surfaces and soiled clothing. The authors identified another such cluster in which cotton cloth sacks in which moulded asbestos insulation had been transported were used to make diapers (nappies) for the children of an asbestos worker. The oldest child died of mesothelioma at age 32 years; her 29-year-old sister was similarly exposed but remains unaffected. The mother had laundered the diapers and her husband's workclothes, and she died of mesothelioma at age 49. Mesothelioma also developed in a 43-year-old maternal uncle, who, as a teenager, had lived in the contaminated household and worked briefly as an insulator. The father, an insulator, died with asbestosis and cirrhosis of the liver at age 53."

Another study is called, "Primary Pericardial Mesothelioma Following Exposure to Asbestos" by Kahn, EI, Rohl, A, Suzuki, Y, Barrett, W - Environmental Research ENVIRON. RES.. Vol. 23, no. 2, pp. 270-281. 1980.   Here is an excerpt: "This case illustrates the coexistence of a primary pericardial mesothelioma with sequelae of asbestos exposure. It provides strong evidence for an asbestos-induced mesothelioma arising in the pericardium. There was a clinical history of asbestos exposure 30 years prior to the onset of symptoms. Ferruginous bodies were seen in the lungs, proven to contain amosite by electron microprobe analysis. This is the type of fiber frequently associated with mesothelioma."

Another interesting study is called, "Asbestos exposure and ovarian fiber burden" by Debra S. Heller MD, Ronald E. Gordon PhD, Carolyn Westhoff MD, Susan Gerber MD - American Journal of Industrial Medicine Volume 29, Issue 5, pages 435-439 - May 1996.  Here is an excerpt: "Abstract - Epidemiologic studies suggest increased risk of epithelial ovarian cancer in female asbestos workers and increased risk of malignancy in general in household contacts of asbestos workers. Ovaries were studied from 13 women with household contact with men with documented asbestos exposure and from 17 women undergoing incidental oophorectomy. Ovarian tissue was examined by analytic electron microscopy.

Significant asbestos fiber burdens were detected in 9 out of 13 women with household asbestos exposure (69.2%), and in 6 out of 17 women who gave no exposure history (35%). Three exposed women had asbestos counts over 1 million fibers per gram wet weight (23%), but only 1/17 women without an exposure history had a count that high (6%). Although asbestos has been documented as a contaminant of some older cosmetic talc preparations, the chrysotile and crocidolite types of asbestos we detected are more indicative of background and/or occupational exposure.

This study demonstrates that asbestos can reach the ovary. Although the number of subjects is small, asbestos appears to be present in ovarian tissue more frequently and in higher amounts in women with a documentable exposure history."

We all owe a debt of gratitude to these fine researchers for their important work.  If you found any of these excerpts helpful, please read the studies in their entirety.

Article Source: http://www.articlesbase.com/cancer-articles/asbestos-exposure-and-ferruginous-bodies-in-the-lungs-3297480.html

About the Author

Monty Wrobleski is the author of this article, for more information please click on the following links:

Depuy ASR Recall

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Mesothelioma Lawyer

 


Has any Navy Veterans with Mesothelioma received money from a lawsuit.?

 

I know of someone with this Mesothelioma that was in the Navy for 4 years on ships as a machinery man and he's wanting to know if he should get a lawyer or if it's even worth it. Thanks