Tag Archives: asbestos lawsuits

$24,000,000.00+ in Mesothelioma Asbestos Lawsuits for Wisconsin Victims

Wisconsin mesothelioma asbestos victims have no better place to turn to than Wisconsin personal injury lawyers Pasternak & Zirgibel, S.C.  Over the last several years, I have helped Wisconsin asbestos victims recover more than $24 million in cases related to mesothelioma.  Many of these victims were exposed to asbestos in the military, a factory, a boiler room, construction sites, power plants, etc.  Outfits advertise nationally for these cases, but all my Wisconsin clients prefers legal representation in Wisconsin especially highly qualified legal representation.  I have been honored as one of Wisconsin’s Top 50 “Super Lawyers”, voted “Best Attorney” by CNI Newspapers, ranked as one of Milwaukee’s “Leading Lawyers”, received an AV® Preeminent rating, and named  one of the “Best Lawyers in America.”  If you or a loved one is a Wisconsin victim of asbestos mesothelioma, call at (262) 785-0802.

Wisconsin’s Top Super Lawyers – Asbestos Mesothelioma

Honored to share with you my recent recognition in Milwaukee Magazine (December 2014) via Super Lawyers again as one of the Top 50 Wisconsin Super Lawyers.  Not one other Wisconsin lawyer handling a large number of Wisconsin asbestos victims’ mesothelioma cases is selected to this list, similar to my recognition in The Best Lawyers in America.  I have assisted dozens of families to recover well in excess of $20 million after diagnosis of mesothelioma as the result of asbestos exposure and consider it a privilege to represent these Wisconsin victims.  I have found that though there are law firms that advertise nationally for these cases, my client greatly prefer having legal representation in Wisconsin.

Wisconsin Court of Appeals throws out $1.5 million Asbestos verdict

In Singer v. Pneumo Abex, LLC, the Wisconsin Court of Appeals ruled that a Milwaukee court should have granted summary judgment against the estate of a man who died from malignant mesothelioma.  The successful Wisconsin defense law firm in the case was the Madison office of Godfrey & Kahn.   The unsuccessful plaintiff was represented by an out-of-state law firm and not a Wisconsin asbestos law firm.

The evidence in the case showed that the plaintiff’s decedent had worked at Harnishfeger, one of many Wisconsin companies facing asbestos litigation or alleged to have some link to asbestos or mesothelioma.  The evidence also showed that the plaintiff’s decedent was likely exposed to asbestos while cleaning up asbestos dust caused by brake linings at Harnishfeger’s plants.  However, the plaintiff failed to prove that the plaintiff’s decedent was ever likely exposed to Abex’s brake shoes with asbestos.

Unfortunately, this problem highlights one of the major difficulties in succeeding in a wrongful death case related to malignant mesothelioma caused by asbestos, which is locating credible evidence from which a reasonable person could infer that the deceased was exposed to the defendant’s asbestos product.  Since malignant mesothelioma may not be diagnosed for 20 or 30 years after a person’s exposure to asbestos, there may be difficulty in proving which asbestos products the person was exposed to that caused the mesothelioma.

The problem of product identification is one of many reasons why anyone diagnosed with malignant mesothelioma should hire immediately an asbestos lawyer.  Too often, families will wait to hire a lawyer until after their family member has died from mesothelioma.  However, doing that prevents the asbestos lawyer from obtaining sometimes critical evidence the would allow the attorney to prove which asbestos products caused the mesothelioma.

Asbestos Successor Liability

Crown Cork & Seal apparently has very good lobbyists or knows how to influence Wisconsin’s Joint Finance Committee, Legislature and Governor in order to basically get its own law in the recently passed budget.  Sadly, those on the receiving end of this law are those victims suffocating from mesothelioma and asbestos exposure.  Essentially, the law gives Crown Cork & Seal immunity in Wisconsin from asbestos related lawsuits filed by victims of asbestosis and mesothelioma.

Asbestos Trusts

Asbestos trusts are the topic of a recent law firm’s national t.v. commercial I saw on CNN and Secrecy of asbestos trusts basically explains why that is.  The bottom line for the asbestos victim suffering from mesotheliom or asbestosis is that you should find a lawyer or law firm in your state, here it’s Wisconsin, that works with the asbestos trusts

The system is set up in a way such that it is essentially impossible for an asbestos victim to actually file their own claim against asbestos trusts.  It’s likely easier to handle your own medical malpractice trial.  In fact, it’s so difficult to make a claim against the asbestos trusts that most personal injury lawyers will not handle cases against asbestos trusts, which is why my law firm often receives referrals from other lawyers of clients suffering from mesotheliom or asbestosis.

If you are looking within Wisconsin to make a claim related to asbestos-related disease and potentially Wisconsin asbestos companies or the asbestos trusts, then contact us.  Do similarly, if you want to find a lawyer out of state to make claim against asbestos companies or the asbestos trusts.

Lawsuit against Asbestos Doctor

Corporate America’s beloved Forbes loves to try to hammer trial lawyers, and when it comes to asbestos lawyers that’s probably even more true.  So it publishes this story, which appears to be a Mississippi lawsuit against Mississippi doctors who may have been working the system improperly.  But the Forbes spin seems to be that these poor asbestos companies – who’ve killed literally thousands of people with their mesothelioma causing toxin – are the victims.  Seriously, though I won’t dispute that it’s possible the company here might have been wronged, asbestos victims and lawyers who help them are hardly the bad guys in the world of asbestosis, asbestos and mesothelioma.

Asbestos Insurance in Wisconsin

Plastics Engineering Company (PLENCO) v. Liberty Mutual Insurance Company, 2009 WI 13, is an asbestos insurance case recently issued by the Wisconsin Supreme Court.  The primary holding of the decision is found in the following paragraph:  “First, under this policy and the facts of this case, we must determine what constitutes an occurrence and how many occurrences have taken place.  Liberty Mutual argues that Plenco’s manufacture and sale of asbestos-containing products without warning constitutes one occurrence regardless of the number of people injured.  Plenco, on the other hand, argues that each individual’s exposure to asbestos, which results in injury, constitutes a single occurrence.  Under Plenco’s argument, several occurrences have taken place because many people have been exposed over the span of many years.  Given the policy language, we agree with Plenco and conclude that each individual’s repeated exposure constitutes an occurrence.”

Since this asbestos case affects businesses and insurers in Wisconsin asbestos lawsuits, I’ll direct those folks to Quarles’ and Foley’s interpretations of the case.

Mesothelioma cases

Mesothelioma caused by asbestos is a typical case handled by my Wisconsin personal injury law firm.  So for my first post, I thought I’d describe one to give readers a general idea of what type of case I handle involving asbestos.

We will call the client Mr. Smith.  Mr. Smith lived in Wisconsin and was diagnosed with pleural mesothelioma.  It was discovered via biopsy and he had other medical tests including a PET Scan and lung tap.  Mr. Smith was 65 years old.  Out of high school, he joined the U.S. Navy where he served as an auxiliaryman working with asbestos in HVAC and mechanical systems.   While in the Navy Reserves, he also worked with asbestos in various shipyards.  Ships he remembers serving on included submarines and a destroyer and the shipyards he worked in included Baimbridge, Charleston, Portsmith, Norfolk, Philadelphia, and Groton.  After serving in the Navy, Mr. Smith worked at a Wisconsin Electric Power Plant in a boiler room, another area replete with asbestos.  He then worked at a large medical center in Wisconsin doing mechanical work.  He was frequently in areas with pipes, boilers, and insulation all replete with asbestos.

When I met him, Mr. Smith was suffering with breathing difficulties caused by his mesothelioma.  He was somewhat angry with asbestos companies, but was more scared and worried about his family.  Mr. Smith died within nine months of hiring me to help  and though it’s of little consolation to his family, we worked to obtain more than $1,500,000.00 for them.  Every case is handled based on the facts, and the facts in his tragic case warranted this.  Though I could not do anything for Mr. Smith’s fear and anger, I take comfort in knowing that his family is being helped by my efforts.