Although the specifics of each lawsuit vary, it is known that asbestos is the cause of mesothelioma cancer. In the past, individuals who developed mesothelioma as a result of the careless asbestos exposure from an employer or manufacturer have won lawsuits or settled out of court for millions of dollars in retribution.

Why Asbestos Garners so Much Attention

The reason for the extravagant values of the settlements and judgments stems from the severity of mesothelioma and other diseases that develop as a result of asbestos exposure. Often, mesothelioma victims do not live more than a year following diagnosis, as treatments are very limited.

Mesothelioma is an aggressive type of cancer that may not develop for several decades after initial asbestos exposure. Unfortunately, almost every case could have been fully prevented had manufacturers and employers heeded the warnings of the dangers of exposing people to even small amounts of asbestos. However, because the mineral remained legal for many years and it was much more affordable than alternative products, it remained a standard in construction and manufacturing until the 1980s.

Exxon Mobil Corp. v. Certain Underwriters at Lloyd’s, London

On Wednesday, February 22, 2012, Exxon filed suit at the New York State Supreme Court in Manhattan against several insurance companies, including Lloyd’s of London, to claim reimbursement for the money the oil giant has already spent on legal defense fees, awards and settlements, as well as for the costs of pending litigation and cases that are predicted to be filed in the future.

Exxon Corp. claims that Lloyd’s of London and the other insurers have a legal obligation to pay the costs associated with the asbestos and mesothelioma claims. No one from Lloyd’s of London, nor their legal representatives, have commented on the case.

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Unlike other diseases, mesothelioma cannot happen to just anyone. In order to develop the cancer, patients must first have been previously exposed to asbestos, which was either inhaled or ingested at the time of exposure. However, most individuals who have been exposed to asbestos were unaware of the dangers of the exposure, or that they were being exposed at all, as asbestos was a primary component in manufacturing and construction between the 1920s and the early 1980s.

What is Mesothelioma?

Mesothelioma is an aggressive cancer that develops as much as 50 years following exposure to asbestos. Although asbestos exposure can occur at any age, it was previously most common during the working years, when employers subjected employees to the mineral as a part of their jobs. That means that a person who is initially exposed to asbestos at age 30 may not develop mesothelioma until age 80 – a time when health is expected to begin deteriorating.

The symptoms of mesothelioma are minute at first and usually undetected in the early stages. As the cancer progresses, tumors and fluid can build in the mesothelium lining of the chest, lungs or abdomen. However, symptoms at this stage may mimic those of other diseases common to elderly individuals, causing difficulty breathing and excessive respiratory problems. Because the disease is somewhat rare, affecting only a few thousand people each year, doctors may mistake the cancer for another disease or another type of cancer.

Failing to properly diagnose mesothelioma early or mistaking it for another disease can significantly lower a victim’s life expectancy. Doctors have found that mesothelioma cancer cells do not respond to traditional cancer treatments in the same way that other cancer cells do, meaning that doctors should use only certain treatments to help slow down the cancer’s progression and spread within the body.

Asbestos Accountability

Failing to accurately diagnose mesothelioma doesn’t just affect a person’s health prognosis, but it also prevents accountability from being held against the ones responsible for causing the disease. Individuals who have been diagnosed with mesothelioma are often able to track the original source of asbestos exposure with the help of an experienced mesothelioma attorney.

By filing suit against the employers or manufacturers responsible, victims are often awarded judgments or settlements worth millions of dollars. Although the money cannot undo the damage that is already done, it can help pay for medical bills, treatments, lost wages and the general wellbeing of the victim and his or her family for years to come.

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Unfortunately, Paterno did not make a recovery. Because of the short time period between his diagnosis in November 2011 and his death in January 2012, Paterno and his time had little time to speculate of what could have caused the cancer. Now, doctors question whether Paterno’s illness was the result of asbestos exposure earlier in life.

The reason for the speculation is surrounding the specific type of lung cancer Paterno died of. The doctors at Mount Nittany Medical Center, where Paterno was a patient, stated that his cancer was only synonymous with smokers. Paterno, who was a non-smoker, may have developed the cancer as a result of asbestos exposure.

Apparently, the small-cell lung cancer that Paterno died is almost non-existent in non-smokers. Like mesothelioma – a rare cancer associated only with asbestos exposure – the cancer is extremely aggressive and offers a bleak outlook for victims. Paterno, himself, hardly had a chance to battle the disease, as the chemo treatments proved too hard on his body.

Asbestos in the U.S.

Asbestos is a mineral that was in high demand for manufacturing in the 20^th century. However, sometime mid-century, information began surfacing about the dangers of asbestos to the human body and about the deadly, aggressive cancers it was responsible for causing.

Asbestos remained a large part of U.S. manufacturing until the 1980s, when restrictions were placed on its usage. However, because of its long latency period (it can take several decades for illness to develop), it is often difficult for victims to trace the original source or sources of asbestos exposure. But in the past, those who did were successful in getting large settlements from the companies at-fault for careless exposure.

Paterno’s family has not commented on whether they will consider their legal options concerning the development of the beloved coach’s cancer and subsequent death. Only time will tell if they can prove that the cancer was caused by asbestos exposure, and if so, where that exposure came from.

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Approximately 400 tons of asbestos were used in the construction of the World Trade Center in New York City. At the time the twin towers were built, asbestos was a standard component of building construction and insulation. The mineral, however, is extremely hazardous to human health and has been proven to cause a fatal form of cancer known as mesothelioma.

Unfortunately, an ultimatum deadline two weeks ago left survivors, rescuers and bystanders who were exposed to the asbestos ash that coated the city with few options for getting compensation for their asbestos-related diseases.

Victim’s Compensation Fund

In 2010, the government established a Victim’s Compensation Fund worth $2.76 billion. The fund’s purpose is to provide aid to individuals who are suffering or will develop health problems as a result of the dust, smoke and debris that surrounded the city that day. However, the government left out one important component – coverage for asbestos exposure.

Although the fund does provide coverage for a number of respiratory problems, victims who develop mesothelioma and asbestosis – arguably some of the most severe effects of toxic dust exposure on September 11^th – will not receive any compensation to help pay for medical expenses and other losses related to the diseases. However, the government is expected to review the provisions in the fund very soon, which will likely include reconsideration of funding for asbestos-related diseases and complications.

Until now, many of the victims who were concerned about asbestos exposure and the diseases that have or could develop as a result of it have filed lawsuits against those responsible for the presence of asbestos is the towers. However, when the Victim’s Compensation Fund was established, it was designed to provide financial provision for victims who do not receive alternative compensation from a separate lawsuit or settlement.

The deadline to decide whether to pursue compensation in court or to apply for compensation from the Victim’s Compensation Fund was on January 2, 2012. Anyone who had a pending lawsuit was forced to decide whether to drop the litigation and hope for modifications to the Victim’s Compensation Fund rules, or else gamble on the chance of getting a settlement or favorable judgment in court.

As of now, anyone who chose to drop their lawsuits will not be covered by the Victim’s Compensation Fund if they develop asbestos-related problems. Only time will tell if the federal government will choose to extend the provisions of the fund to help them as well.

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That’s nearly double the budget the school originally had for asbestos abatement costs. In fact, with the costs of asbestos removal at the school included, it makes the new Newton North High School the most expensive high school ever built in Massachusetts, which is not making many residents and tax payers very happy.

The $14 million bill came as the result of having to deconstruct the old high school brick by brick to avoid polluting the air with dangerous asbestos fibers that are known to cause asbestosis, lung cancer and mesothelioma. A multitude of asbestos-related lawsuits, along with pressure from state and federal environmental standards, persuaded the district to take extreme precaution with the project.

Mixed Emotions Surround Asbestos Abatement

Although many residents are outraged at the steep costs associated with asbestos abatement at the Newton North High School, parents, teachers and school officials are relieved and comforted knowing that the building was properly abated and no threats of asbestos contamination remain.

Despite the price of the abatement, it is possible that the millions spent in abatement costs could pale in comparison to possible future lawsuits from those exposed to the mineral due to improper, although more affordable, asbestos removal from the building.

Asbestos is a fire-retardant, naturally occurring mineral that was used heavily in construction between the 1950s and 1970s, despite confirmations that the mineral caused serious health conditions and even fatalities in those exposed to it. Although asbestos is no longer used in to build homes, schools and other structures, many buildings still contain the mineral.

The Environmental Protection Agency requires professional handling and abatement of asbestos in those buildings before they can be demolished in order to avoid causing workers and building occupants to develop potentially deadly diseases.

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