Tag Archives: malignant mesothelioma

Milwaukee Mesothelioma Lawsuit

Not long ago, I met with a man suffering from mesothelioma.  This man had worked his entire career at Wisconsin Electric also know as WE Energies.  The man worked at a variety of power plants in Wisconsin, including the Oak Creek power plant, the downtown Milwaukee plant, the Miller valley power plant in Milwaukee, the Pleasant Prairie plant near Kenosha, and various other Wisconsin Electric power plants and substations.  On a number of occasions, he would work around asbestos included electrical work, plumbing related work, and oil treatment work.  The asbestos was in gaskets, insulating pipes, used around wire and joints.  Asbestos was used because it was a good insulator.

Sadly, the man was living a nice life of retirement in Florida enjoying when he was diagnosed with malignant mesothelioma.  Mesothelioma is a deadly disease that is only caused by asbestos exposure.  He was suffering from shortness of breath when his doctor discovered fluid on his lungs.  Eventually, a thoracic surgeon was seen and he did a biopsy, which led to the definitive diagnosis of asbestos-related mesothelioma.

When I handle these mesothelioma lawsuits, the victims generally know that their disease is a fatal one.  However, the victims also know that the monies that are involved in these asbestos cases will do at least two things, punish the companies responsible (as many knew asbestos was carcinogenic and caused mesothelioma) and help the families of the victim of mesothelioma.

Wisconsin Shipyard Cited for Asbestos Violations

Fraser Shipyards, Inc. of Superior, Wisconsin, has been recently cited for numerous violations of safety laws including those rules relating to asbestos.  Mesothelioma victims who were exposed at Fraser Shipyards should contact a Wisconsin attorney with experience in handling asbestos mesothelioma cases, such as ours.  Ship building facilities and numerous shipyards around the country and in Wisconsin are known to be responsible for killing many shipyard workers, and the dangers have been known by the corporations running these businesses for quite sometime.  Responsible ship builders obeyed safety laws and protected employees from the hazards relating to asbestos.  If you have been diagnosed with mesothelioma, please immediately find a lawyer.

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.

Wisconsin mesothelioma car brakes case

Wisconsin’s Court of Appeals today released Tatera v. FMC Corp., 2008AP170.  This asbestos lawsuit relates to the wrongful death of the plaintiff’s decedent who died of malignant mesothelioma.  The widow asserted that the malignant mesothelioma was caused by exposure to asbestos that took place while the decedent worked in a machine shop.  The decedent had worked with friction brake materials and his job had involved grinding brake linings made with asbestos.

FMC Corp. was a supplier of asbestos brake linings and though it did not manufacture asbestos brake linings, it was alleged to have sent over 18,000 friction lining parts to the decedent’s employer.  The lawsuit asserted that FMC and asbestos brake lining manufacturers were liable for the decedent’s wrongful death from mesothelioma based on Wisconsin strict liability and negligence law.  Essentially, the Wisconsin Court of Appeals held that a such supplier of asbestos products could not be held strictly liable, but could be found negligent in causing the death from mesothelioma.

Asbestos Shipyards

I also previously mentioned that my client had worked with asbestos at shipyards throughout the U.S.  Even though he lived in Wisconsin, we made a claim against the entities involved with asbestos at those shipyards causing his mesothelioma.  Some shipyards include: Alabama Drydock/Shipping Company, Avondale Shipyards, Brooklyn Shipyard, Long Beach Naval Shipyard, Pearl Harbor Shipyard, Philadelphia Naval Shipyard, and San Diego Naval Shipyard.

Symptoms & Diagnosis of Mesothelioma

Symptoms of mesothelioma are not easily diagnosed especially in the early stage. In fact, typically after mesothelioma is diagnosed, patients often relate symptoms to their doctor that have been present for many months.  Symptoms of pleural mesothelioma (mesothelioma of chest) include low back pain, chest pain beneath arms, shortness of breath, trouble swallowing, cough, fever, fatigue, weight loss, hoarseness, facial swelling or swelling in the arms, and muscle weakness.  Symptoms of peritoneal mesothelioma include abdominal pain, weight loss, nausea, vomiting, and abdominal fluid or mass.  Certainly, if you have such symptoms visit a physician immediately, especially if you know you were exposed to asbestos.

Those having symptoms will undergo a physical to determine whether there are additional signs of mesothelioma or asbestos lung cancer. Patients with pleural mesothelioma will often have pleural effusion (fluid in lungs). Some may have ascites (fluid in abdomine) in cases of peritoneal mesothelioma, or pericardial effusion (fluid in pericardium) in cases of pericardial mesothelioma. If the foregoing shows the potential for a diagnosis of mesothelioma, then other tests will be done, including imaging tests like x-rays, CT scans, MRI scans, and PET scans. Tests may reveal irregular thickening of pleura, calcium deposits or fluid in pleural space.  Tests may also allow the doctor to begin determining the extent of cancer (staging). If a pleural effusion, ascites or pericardial effusion is found, the doctor may sample fluid for diagnosing cancer by a pathologist. Also, tissue samples may be taken via thoracoscopy, laparoscopy, mediastinoscopy or bronchoscopy, or sometimes surgery, thoracotomy or laparotomy, may be done by a surgeon.

Mesothelioma is generally very difficult to diagnose and in all cases, I always recommend a biopsy. In case of death, I also recommend an autopsy. A great place for information on the symptoms and diagnosis of mesothelioma is the U.S. National Library of Medicine and the National Institutes for Health MedlinePlus: Mesothelioma page, which I used along with the American Cancer Society website in writing this.

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.