Posts Tagged ‘wrongful death’

Wisconsin mesothelioma car brakes case

Tuesday, May 12th, 2009

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 Trusts

Friday, May 8th, 2009

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.

Mesothelioma cases

Wednesday, January 21st, 2009

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.