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Posts in the ‘Asbestos/Mesothelioma’ category

“Thank you” from the family of a mesothelioma client

Posted on May 9th, 2011 by The Firm

We often receive “thank yous” from our clients – and some are powerful enough to share, to show how the connection between asbestos/mesothelioma client and their attorney goes far beyond the case. Client names have been removed.

On behalf of myself and the girls, we are so appreciative of all the hard work you and your attorneys have done for us.

When we filed this claim, little did we know how much time and effort you would put into helping our family. We think of the several trips you people made to ______.

We realize you are a big Attorneys at Law, and to help ____ like you folks did, and are doing so, we thank you from the bottom of our hearts.

We cry a lot, and with spring being here, there’s so many things that we wish we could have Daddy here to do them. He was always here to tell us how to handle them. ____ probably would have had another 10 years to live if it hadn’t been for asbestos.

We thank you so kindly.

If you or a loved one has been exposed to asbestos, please contact us to discuss your potential case.

“What If?” – Questions facing those with Mesothelioma or asbestos-related disease

Posted on May 6th, 2011 by John B. Woelfel

Recently, I had an ultrasound performed on my kidneys. The results showed a 4-inch, solid lesion on the left kidney. Generally, solid lesions on the kidney are cancerous, but fortunately, a follow-up CT scan showed that the original ultrasound was incorrect.

This experience created in me a greater empathy for our clients, especially those who suffer from mesothelioma and lung cancer. During the time frame in which it appeared I had kidney cancer, I was consumed with thoughts of “what if?”

What if don’t see my children graduate from high school or college? What if I don’t see them get married? Have I instilled in them enough fortitude to get by in their lives in the best possible manner?

This time of worry also made me consider the financial situation for myself and my family. I wondered how my family would cope with the loss of my income, should I perish.

I know that my temporary experience is the current reality for many of our mesothelioma clients. And I know that depositions can seem difficult for clients when these thoughts, worries, and “what ifs” weigh heavily on the mind. However, doing a deposition will help with a mesothelioma client’s case a great deal. Therefore, it’s important to get complete depositions with our clients who have these illnesses as soon as we can.

My job as an attorney is to get our client through their case when they are living with many difficulties, and I believe this new empathy will make me a better advocate for my clients’ cause.

To discuss your asbestos case, please contact John B. Woelfel.

More than a testimonial: Powerful words from a mesothelioma client

Posted on March 15th, 2011 by The Firm

Receiving “thank you’s” – sincere appreciation from our clients – is common when you work as closely as we do with the victims of mesothelioma and their loved ones. But I wanted to share with you a recent letter we received, written by a wife whose husband was diagnosed with mesothelioma. When you read her words, you’ll understand just how important the relationship between attorney and client can be. Client names have been removed.

Dear Elizabeth,

I wanted to take this opportunity to thank you for all of the hard work that you have done for me and my family. You might have spoken with my husband _____ when he was alive, perhaps not. Nevertheless, I have thought of you often and wanted to put pen to paper to let you know that we have a lot to that you for. Starting with your hard work and hours working away for _____, ______ and my financial future.

I know that this case involves money but for us it involves so much more. From the start we have felt God sent us you folks for my husband’s representation. It was by no accident that your information came up when researching Mesothelioma Cancer and no accident that when we contacted you folks you were quick to respond when others were not.

Our initial contact was with [Aaron] Dickey. He was kind, incredibly informed, professional and I could feel his sincerity and the fact that he truly cared about ____ and wanted to help him. [Aaron] quickly became a friend and confidant.

We them met Dave Butler and were impressed too by his professionalism, his knowledge and compassion. Later we got to know Jenny Bullen who was kind enough to call me the day after my husband passed away. She shared with me how she had gotten to know ____ via the phone calls discussing the details of his case. It warmed my heart to hear her describe him by saying that he was always so polite and nice. I shared this with friends and family at his memorial service. In speaking with Jenny on various occasions she has always gone out of her way to be informative, caring and supportive. She is so smart, it amazes me and makes me proud as a female that there are such smart women out there making a difference in this world. It is so nice to have the care and compassion from the people at your law firm. I consider them friends.

Then there is you, Elizabeth who has fought for us to make sure that we are very well taken care of. Thank you for fighting for us. Thank you for remembering us when you are working so hard to help us. Everyone at the form has treated us so wonderfully and worked so hard in helping _____, ______ and I and I know that the work goes on. I just wanted to take the time to tell you that we appreciate all of you and the hard work that you do. Thanks for remembering ______, _______ and I for helping us.

Thank you so much for getting money to us at the early part of this year when we were struggling. Those settlements helped us to take two marvelous vacations. The first one was in March and we drove up the coast of California along the beach all the way to Monterey. ______ loved the ocean and got to visit some places that he had not seen since the ‘80s.

The final vacation was to Hawaii at the end of June. We stayed at the Hilton Hawaiian Village and had the time of our lives. We went to a luau, of course, we went on a dinner cruise and watched the sun set. We even toured the USS Arizona Memorial and made a day of sightseeing on a bus on the “Home of the Brave” tour. We went in the ocean, watched fireworks and ______ got baptized on July 4th in Waikiki Beach. The last three days, ______ was feeling too sick and nauseated to do anything so ______ and I would hang out at the pool while he slept. He also had a really difficult time breathing so he couldn’t walk very far. For the last three days God sent a pigeon everyday to visit _____ as he was lying in bed looking out the sliding glass door at the beautiful view of the ocean. The pigeon would sit on the patio railing 31 stories up which you know is unusual for pigeons to be that high up. One day the pigeon even tried coming into our room but _____ stopped him.

Back home a few weeks later I came home from work and walked into our bedroom to check on ____ and he said he had dreamed about Hawaii that day and I could see the joy on his face. I know that in his times of discomfort and distress these memories sustained him on his sick bed strengthening him while giving him peace and joy. It was during this time that he began to decline quickly.

Thank you so much for helping us to have great memories. Thank you for treating my husband kindly and making sure he was treated as a person and not as just some name on a piece of paper.

No amount of money could ever compensate for losing _____ and even as I write this letter I am crying just thinking about him because I love him dearly and miss him greatly. It does help to know that finances will not be one of the struggles we will be facing in our future. You know my husband did a great job on his depositions and I am so proud of him. Even as he battled cancer he displayed confidence, strength, courage and faith to the end. I’ve never seen someone as strong as him. They don’t make men like _____ anymore. He’s right up there with The Duke John Wayne and the likes. I an honored to have known him, loved him and share our lovely daughter with him. I am very proud to have his name.

Please remember us as you move forward with the work that is still left to do and know that we are grateful for all that you do for us and that we do not take your commitment to us lightly. We are so fortunate to have you representing us. You’re the best, not just in what you do for us professionally but your care and compassion as well. You see for us it’s not just about settlements, it’s about a man that we treasure forever in our hearts and minds. I will always be grateful for the kindness, dedication and professionalism that you have shown us. I hope that one day ____ and I will have the privilege of shaking your hands and thanking you all in person.

Sincerely,
__________

If you or a loved one has been exposed to asbestos, please contact us to discuss your potential case.

Asbestos Depositions

Posted on January 20th, 2011 by John B. Woelfel

One of the most important parts of a case, especially in an asbestos case, is the deposition. Deposition is an action where the lawyers get to ask the person bringing the suit questions about their case. Since I do most asbestos cases, most of my depositions are asbestos depositions.

Therefore, most of my clients are asked questions about their exposure history. I tell my clients that this will be a memory test; they will be asking you to remember what kind of products you used, and even the brand name of products used over the years. This may seem difficult, however, it is much easier than it sounds. Most clients are surprised at how much they remember once they start thinking about what and how often they did certain things at their work sites.

Sometimes we do depositions in hotels or in client homes, depending on the situation and where our client is most comfortable. Generally, a deposition is your chance to get out your side of the story as to what actually happened to you with these products – products you thought were safe to use at the time, but looking back, you now have an asbestos-related disease and realize they weren’t so safe.

Getting your story out via the deposition is very important, especially letting people know which products you used during which periods of your career.

So when you have an asbestos related disease and you get to your deposition, just remember to relax, and answer the questions to the best of your ability. One of your attorneys will be there, along with a number of defense attorneys. If any problems pop up, the attorneys will take of it.

To learn more, or to discuss your asbestos case, contact John B. Woelfel.

New York Knicks Game Cancelled Due to Asbestos Scare

Posted on December 6th, 2010 by RJ Abernathy

The November 2nd, 2010 NY Knicks game against the Orlando Magic was postponed because workers cleaning the rafters of Madison Square Garden dislodged some materials that were thought to be asbestos. The owners of the Garden took quick and decisive action to ensure the safety of their employees and customers by calling in specialists to determine whether the material was hazardous. No asbestos was found and the Garden re-opened the following day.

The lesson here is that the owners of the Garden put safety over profits. Unlike many other businesses both now and in the past, they didn’t try to “sweep this under the rug” and expose their workers and customers to asbestos. Many workers today are still exposed when their employers force them to remove and clean up old asbestos floor tile or insulation without the proper equipment to save a few dollars. In these difficult economic times, workers are often forced to jeopardize their health to keep their jobs. Unfortunately, many of our clients faced that same choice throughout their careers; working in unsafe and hazardous situations to provide for themselves and their families. Kudos to the Madison Square Garden officials who decided to place safety above profits.

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

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

Asbestos has not been banned in U.S.

Posted on September 24th, 2010 by RJ Abernathy

After I tell someone that I represent men and women who have been injured by asbestos exposure, the next question is always, “Asbestos has been banned for so long, how can anyone still be getting sick from it?”  The truth is asbestos use has never been fully banned in the United States.   The importation and use of asbestos has been banned in 52 other nations however, including the entire European Union.  Some studies suggest that the annual world production of asbestos is still close to 2 million tons annually. 

The EPA attempted to universally ban the use of asbestos in 1989.  Court challenges led to the overturning of the EPA’s action, leaving only some of the uses banned, while clearing the way for the continued use of asbestos in some products.  Asbestos cannot be used in the production of paper products, flooring felts for linoleum sheeting, wallboard patching products such as spackle and joint compounds or in gas fireplaces.  Products in which asbestos can still be used include automotive brake pads, gaskets and automatic transmission parts as well as some construction materials. 

Most U.S. companies have now found other materials to use in the place of asbestos in their products voluntarily for fear of future litigation.  Asbestos products can still be sold in the U.S. but rarely are, and are largely limited to auto and aircraft brakes and gaskets and these products are primarily imported into the U.S.  We have seen an increase in other potentially harmful products being imported from other countries.  Over the past several years products such as contaminated Chinese drywall and lead paint tainted children’s toys have been shipped to the United States.  Because the Courts and Congress have failed to ban the use of asbestos entirely, the potential health hazard from asbestos containing products remains a reality.

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

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

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.