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Posts in the ‘Asbestos/Mesothelioma’ category

Robert Rowland Answers Asbestos Victims’ Frequent Questions

Posted on June 25th, 2010 by Robert D. Rowland

Lawyers and Settlements (LAS): How long does a client have to wait before his or her case comes to trial?

Robert Rowland (RR): Typically, here in Madison County, living mesothelioma victims are able to obtain a trial date within six months of getting their basic information filed with the court. I don’t know of any jurisdiction where a victim can get their day in court sooner. We have set about 95 cases for trial per year over the last two years.

LAS: Is settling more advantageous for the client rather than going to trial?

RR: In a lot of ways, it is. It allows us to get money to our clients and their families sooner and help ease the financial burden caused by this devastating disease.

LAS: Who is your typical client?

RR: Many of our clients are members of labor unions in various types of work such as refineries, power plants and steel mills; they built big department stores, grade schools, highways and bridges—all typical examples of people who have asbestos-related disease. Most of our clients are men over 60 years old. We also have represented women—wives and daughters—whose only connection to asbestos was washing their husband or father’s clothes. We bring a measure of hope to our clients, even those diagnosed with mesothelioma. We are able to take care of their families and relieve that pressure while they are battling the disease.

I recently got a call from a family and immediately went to the hospital. I talked with and asked questions to a man wearing an oxygen mask because he probably wasn’t going to live through the night. He died that night and there is ongoing litigation on behalf of his family.

LAS: Many victims believe there is no hope of litigation if the company they worked for is no longer operational or bankrupt.

RR: That’s a misconception. We tell our clients not to assume anything; let us work on the case because a lot of people don’t realize the scope of asbestos-containing products. For example, drywall joint compound contains asbestos, so we would go after the manufacturer. Many different exposures could contribute to asbestosis. Most of our asbestos experts say that one single fiber can cause mesothelioma.

In regard to bankrupt companies, bankruptcy trusts have been set up to partially compensate people. Unfortunately, they only pay pennies on the dollar, which is why we go after asbestos exposure throughout a victim’s lifetime.

LAS: At what stage of the disease should someone file a claim?

RR: Every state has a statute of limitations that creates a deadline to file a lawsuit. For instance, here in Illinois, we have a two-year statute of limitations, and the discovery rule means that your time to bring a lawsuit starts when you have an injury and when you know, or should have known, that is was wrongfully caused.

In the past, clients would come to us after a loved one died and the death certificate read, “Cause of death was mesothelioma or lung cancer.” They only knew it was cancer, but when you have mesothelioma you go downhill so fast; it is a cancer that is unique because it has only one known cause: asbestos.

LAS: What is the next step, after a loved one has died from cancer, for a family member to determine whether they have a claim?

RR: A family member should get in touch with a lawyer if they suspect cancer fatality was related to asbestos exposure. The attorney will then contact a pathologist to review a biopsy of the decedent’s lung tissue in order to make a diagnosis that the death was essentially caused by asbestos exposure.

Without the lung tissue or cytology (which is fluid drawn from the lungs), it is very difficult to make a post-mortem diagnosis of mesothelioma. If someone is diagnosed with lung cancer, however, it is possible—with a B Reader x-ray—to determine whether a person had underlying asbestosis. And typically if you have lung cancer combined with underlying asbestosis, that is compensable.

LAS: Is it easier for the plaintiff to reach a settlement now, with more asbestos awareness, than in the past few decades?

RR: OHSA [Occupational Health and Safety Administration] came out with asbestos exposure guidelines in 1972, which put the industry on notice; the first lawsuits came soon afterward. Of course, companies in the asbestos industry knew about the dangers of asbestos exposure back in the 1930’s and before. Next, asbestos was banned in home construction by the Consumer Products Safety Commission in the late 1970’s. As government regulation increased, it raised public awareness of asbestos dangers and lawsuits followed.

Nationally, the courts are more in favor of plaintiffs, but defendants have fought the whole way—it is an ongoing battle. Now defendants use the excuse that bankrupt companies had a more dangerous product than the current company and therefore the fault lies with the bankrupt company. Their primary defense is, “The danger created by my product is insignificant.” They say their product is minor—based on the type of asbestos fiber—compared to others so they should be able to walk away scot-free. That is called the Chrysotile Defense. [Chrysotile is a mineral and a known human carcinogen. As with other forms of asbestos, exposure to chrysotile can cause asbestosis, lung cancer and mesothelioma.]

LAS: What happens when a defendant appeals, and what is the general time frame?

RR: If a jury finds in favor of the plaintiff at trial and the defendant appeals, the case is transferred to an appellate court. The appeals process can take years. Typically, each case involves 20-30 defendants and most defendants settle prior to the trial date.

LAS: Is asbestos a mass tort?

RR: A mass tort technically means an incident of widespread exposure and disease and a demonstrable level of causation between exposure and disease. Think Vioxx and previous large drug cases – they were mass torts. In many ways, asbestos was likely the first mass tort.

LAS: What makes prosecution of mesothelioma cases so difficult?

RR: Exposure is not an isolated event and the latency period between exposure and onset of the disease can be 30 years or more. This time frame makes the prosecution of asbestos cases unique and a law firm’s experience matters. A potential client comes into my office and we need to talk about what happened 30 or even 40 years ago. We need to piece together work history, home remodeling and even shade tree mechanic work to get a complete history of asbestos exposure. An even more difficult case involves a widow retaining a lawyer after her spouse has died from mesothelioma and she has to try to figure out what her husband did at work. The clock is ticking and you should seriously consider filing a claim sooner than later.

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The first asbestos exposure mesothelioma case was filed in 1929, making asbestos lawsuits the longest running mass tort in US history. Since that time, more than 600,000 people have filed lawsuits against 6,000 defendants after being diagnosed with mesothelioma, asbestosis or other asbestos-related diseases.

Robert Rowland and Goldenberg Heller Antognoli & Rowland, PC have produced extraordinary results in excess of half a billion dollars for their asbestos clients through litigation, settlement and trial. The firm is the most experienced asbestos litigation firm in the metropolitan St. Louis area.
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Please feel free to contact Robert Rowland to discuss any questions you or a loved one may have regarding Asbestos or Mesothelioma.

Take Me Out To the Ballgame

Posted on June 9th, 2010 by John B. Woelfel

As a father of four, my favorite time of year is baseball/softball season. All of my kids love the sport and their games become the centerpiece of our time together as a family. With the 6 year-old in Tee Ball, the 7 year-old playing soft pitch softball, the 11 year-old playing fast pitch softball and the 13 year-old playing fast pitch baseball, there are lots of ups, downs and learning opportunities.

I love being a lawyer almost as much as I love being a Dad. As a lawyer, it’s important to me I teach my children how to respect the law and be aware of how to behave properly. One of the best ways of getting them to listen to me, not always an easy task when it’s Dad talking about the office, is to make stories about sports analogous to life lessons about the law.

I explain how Tee Ball is similar to the start of a case. You are learning the fundamentals about the defendants and your client, trying to figure out which base to run to and where to throw the ball. Then I try and illustrate to the 7 year-old how the next step is more complicated, investigating product identifications and placing certain products around the environment of our clients that could help our case. It’s similar to learning the subtleties of reading the pitcher before you attempt to steal second base. Finally, we move on to the “Big Leagues” where the competition intensifies, just like with the older kids and fast pitch. That’s where the combination of skill, preparation and work ethic determine success. Being able to read the seams on a pitch to determine whether it’s a fastball or a changeup can be the difference between success and failure. I try to impart to them how hard I work is as important to winning a case as it is to them winning a game.

Succeeding at the highest level of law means delivering for your clients. Doing your best is fulfilling as an attorney, much like it is as a father, and beneficial for our clients and children. Along the way, we deal with the other team, opposing counsel. However, at the end of the day we are friendly with each other, displaying good sportsmanship. We understand that each team is trying to do their best for their clients.

Finding satisfaction in a job well done, we can rest easy when we go home at night to hear about the kid’s day at practice. The next morning we wake up anticipating what the day will hold as we come into the office and work together as a team in order to win cases for our clients and hoping our kids get the game ball.

Feel free to contact John Woelfel if you would like to discuss this or any legal matter.

From Construction Worker to Asbestos Attorney

Posted on May 20th, 2010 by The Firm

Goldenberg Heller Antognoli & Rowland’s Ronald “RJ” Abernathy was recently interviewed by Jane Mundy from LawyersandSettlements.com to discuss his carrier path from union laborer to asbestos attorney.  RJ’s unique situation and personal insight make him an invaluable member of Goldenberg Heller Antognoli & Rowland’s asbestos team. 

To view the full article, please visit LawyersandSettlements.

Attorney Answers Asbestos Victims’ Frequent Questions

Posted on May 20th, 2010 by The Firm

Robert Rowland, a co-department head in the asbestos department at Goldenberg Heller Antognoli and Rowland, P.C., was recently interviewed by Jane Mundy of LawyersandSettlements.com to discuss the frequently asked questions of asbestos victims.  

To read the full interview please visit Lawyersandsettlements.com.

Why I Relay For Life

Posted on May 17th, 2010 by Holly A. Reese

Last year was my first year participating in Relay for Life, an annual event which celebrates the lives of those who have battled cancer, to memorialize those who have lost their battle, and to raise money so that future battles can be won!

Arriving at Tri Township Park just after work on Friday, we set up our camp site, including a tent, snacks and decorations, and prepare for the events that will take place over the next several hours. During the set-up there are many friends getting re-acquainted from another year gone by and the excitement builds as new friendships are begun.  Everyone here is about to experience something they will not soon forget.

The walking starts with an emotional survivor’s lap, and everyone grows quiet as those who are battling cancer or who have won the battle take their turn to be recognized and celebrated.  Following the somber survivor’s lap, the teams begin their Relay. The goal is for one member of each team to be on the track at all times throughout the night and early morning. The feeling of unity is indescribable as the hours pass and sleep deprivation sinks in.  While the relay can get difficult, your sense of purpose is exaggerated because you are surrounded by the most inspiring fighters you have ever met.

Throughout the night, there are activities, games, and other forms of entertainment to keep the participants’ eyes open and hearts filled with hope for a cure.  It’s during this time that you hear stories shared of both progress and despair, and it helps everyone to keep going in their personal fight against cancer.

I Relay for those close to me who have battled cancer, who are battling cancer, and those who have lost the battle. Working in a firm that handles asbestos cases certainly introduces us to many people who suffer from cancer, and it certainly increases our awareness of the difficulties and suffering associated with cancer in its various forms.

My experience with Relay for Life has been eye opening and heartbreaking at times, but most of all it gives me hope for a cure.  If you would like to donate to Relay for Life and the American Cancer Society, or would just like more information, you can visit my personal Relay For Life page.

Please contact Holly Reese to discuss Relay for Life or any legal issue facing you or your family.

Mesothelioma Early Detection – Communicate Work History With Your Doctor

Posted on May 14th, 2010 by Elizabeth V. Heller

One of the most difficult parts of my job is the first meeting with someone who has been recently diagnosed with mesothelioma. In some instances, by the time the family gets an attorney involved, they have come to grips with the diagnosis and its implications. But that is the rare case. I try to stay focused on my role as an attorney and keep my emotions in check but I am rarely successful. As the attorney, my “official” role is to get the critical information we need to evaluate the client’s work history and possible exposures to asbestos. That said, however, one of the most rewarding moments I’ve had representing the families of victims of this horrible disease is the two very recent occasions when I was told, in more or less words, that “I had become like a member of the family.” Suffice it to say that in the course of the representation, we wear many different hats.

I went to a first meeting with a mesothelioma patient on last Saturday night. It’s difficult seeing the patient and their families in such distress. This recent instance was particularly hard because our client’s disease was so advanced. Unfortunately, as a result, he is not strong enough physically or mentally to give a deposition. This will limit our ability to document his exposures to various asbestos containing products. As a result, the fact that the disease was detected so late will limit his potential recovery from the responsible parties.

One of the most important but overlooked tips I can share with you and your family is to make sure your doctor is aware of your complete work history. Mesothelioma can take decades to develop after asbestos exposure and every work place, even the summer job during high school, may be significant. If your doctor is made aware of exposure at oil refineries, power plants or other likely asbestos sites, the doctor is more likely to monitor your condition more closely and may be able to diagnose sooner rather than later. The patient I met with last Saturday night had a work history very consistent with asbestos exposure and if the doctor had known that, the diagnosis may have been made much sooner.

Unfortunately, there is no cure for mesothelioma. So unlike some medical conditions, early detection won’t provide a cure but early detection can often result in a longer life expectancy. And we all know every second counts.

Please contact Liz Heller to discuss this or any other legal issue facing you or your family.

Reserve Sympathy For Asbestos Victims, Not Fallen Profiteers

Posted on April 29th, 2010 by RJ Abernathy

A recent article published by an arm of the US Chamber of Commerce noted that another company “collapsed” under the weight of asbestos claims.  According to this article, 89 such companies have “collapsed” since 1982.  In the latest case, Durabla Manufacturing sold products containing asbestos well into the 1980’s, long after asbestos was recognized as a dangerous and deadly material.

A closer look at the other 88 “collapsed” companies reveals that not only have many of these companies remained in business, but many of them thrived after ‘going bankrupt.’  Walk into any Home Depot or Lowe’s home improvement stores and you will find a large percentage of these “collapsed” companies’ products on the shelves.  For example, the Pink Panther didn’t lose his job when Owens Corning went bankrupt.  Dick Cheney’s former employer, Halliburton, never missed a beat over the past seven years during the Iraq war since filing for bankruptcy protection due to its subsidiaries asbestos liabilities.

In another case, W.R. Grace filed for bankruptcy protection in 2001, even though it has annual sales of nearly 3 billion dollars.  In 2005, the United States Department of Justice filed criminal charges against Grace, including counts for fraudulent transfers of nearly 5 billion dollars just prior to the bankruptcy filing.

In other cases, I think it is hard to argue that these companies should not have “collapsed.”  The miners, manufacturers and purveyors of raw asbestos fibers should have been out of business sooner than they were.  If these companies had heeded the scientific and medical warnings in the 1930’s, 40’s, 50’s, 60’s or 70’s, maybe some of the victims who suffered needlessly would have been spared.  Perhaps these companies would still be in business had they only listened to their own insurance companies rather than their accountants back in the 1930’s and 40’s.  Perhaps these companies would still be around had they worked harder at developing safe substitutes rather than marketing asbestos as the miracle mineral for over 40 years.

So before we break out the black armbands and head out to candlelight vigils for yet another “collapsed” asbestos company, remember that the majority of these “bankrupt” companies are still manufacturing and selling products, still earning and delivering profits for their shareholders.  Please don’t pity a company that chose its course. Instead, let’s remember those folks who were never warned of the dangers of asbestos until many years after these ticking time bombs were inhaled into their lungs.  Let’s remember the men and women who worked for five or ten bucks an hour in dirty and dusty jobs, not the corporations that continue to profit after being relieved of the responsibilities they owe to these men and women who built America.

These companies had a chance to head off asbestos litigation 60 or 70 years ago.  These companies gambled that profits would exceed liabilities.  Thanks to favorable corporate bankruptcy law, in most cases, they bet correctly.

To learn more or discuss your Mesothelioma case, contact RJ Abernathy.

Related post:  Why RJ became an Asbestos Attorney: RJ Abernathy – An Introduction.

Conversation with Lee Presser – Elizabeth Heller discusses Asbestos and Mesothelioma

Posted on April 3rd, 2010 by Elizabeth V. Heller

Goldenberg Heller Antognoli & Rowland’s Elizabeth Heller sat down with Lee Presser in a three part interview to discuss asbestos and mesothelioma.  Elizabeth discusses the history of asbestos, it’s commercial uses, and the health and legal consequences of exposure.  Elizabeth is a partner in the firm which has over twenty (20) years of experience representing victims of asbestos disease, including mesothelioma and lung cancer.  We think you will find this interview helpful if you, or a loved one, have been affected by this devastating disease.

For more information, please contact Elizabeth Heller or Robert D. Rowland.

Part 1:

Part 2:

Part 3:

Merlin Olsen Lost to Mesothelioma

Posted on March 16th, 2010 by Robert D. Rowland

The death of Merlin Olsen from Mesothelioma reminds us of two things. First, literally, every exposure matters and second, a single fiber is enough to cause mesothelioma.

In this instance, it is believed that Mr. Olsen was exposed to asbestos fibers while helping his father on construction jobs as a young man. He went on to play college and professional football and after his retirement became an actor.

Unfortunately, the asbestos fibers, which had been in his lungs for over 40 years, eventually caused him to develop cancer in the lining of his lungs. A lawsuit to seek compensation from the companies who sold the asbestos containing construction materials used by Mr. Olsen in his youth, is still pending.

This insidious disease does not discriminate based on social status or job description. This most recent preventable fatality reminds us of that, as well.  May Mr. Olsen rest in peace.

To read the article posted on Fox Sports, click here.

To learn more, contact this author, Robert Rowland.

Asbestos – Unsafe At Any Level

Posted on November 29th, 2009 by Robert D. Rowland

Recently the Surgeon General announced that asbestos exposure at any level is unsafe. Specifically, he has advised the public that there is no safe level of asbestos. This position is consistent with the view many lawyers, myself included, and experts have held for some time. A single asbestos fiber can cause mesothelioma, lung cancer or serious asbestosis.

Specifically, Surgeon General Steven Galson stated in a press release dated April 1, 2009, that “asbestos can be dangerous if it is inhaled. Activity that disturbs asbestos causing these small fibers to float in air increases the chances of inhalation and the contraction of asbestos-related disease. Disturbance is what leads to exposure. Do not attempt to touch or remove asbestos by yourself. Only people professionally trained and certified to safely handle asbestos should remove it.”

Despite this undeniable fact, asbestos is still mined and used in products sold in the United States. In 1972, The Occupational Safety and Health Administration (OSHA) issued its first asbestos exposure standard limiting the permissive exposure limit. This initial limit, two fibers per cubic centimeter of air over an eight hour time period, has been reduced to its current limit of .1 fibers per cubic centimeter of air.

Despite the Surgeon General’s statement and OSHA’s increasing strict limitation on exposure, it is interesting that the United States has not completely banned the sale or use of asbestos. It is even more interesting that over forty years, other countries have.

To learn more or contact this author, Robert Rowland, click here.