Tag Archives: wrongful death

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.

$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.

Wiscsonsin Asbestos Bankruptcy Trusts Bill

Wisconsin legislators, at the behest for ALEC and the Wisconsin Civil Justice Council, are at it again.  Over the course of the last two years, they have combined to completely decimate asbestos and mesothelioma victims’ legal rights.  These victims are typically senior citizens who have served our country in the armed forces, especially the Navy, or who were construction laborers, plumbers, electricians, etc.  Most of these victims are dying a horrible death suffocating from the asbestos they breathed in over the course of their service.  These Wisconsin citizens and Veterans are dying and yet these Wisconsin legislators, primarily Republicans, like Andre Jacque of De Pere, are shilling for big businesses and insurance companies.  Representative Jacque apparently doesn’t care that only 9 asbestos related lawsuits were even filed in Wisconsin in 2012.  No, instead he seeks to make sure that any remaining Wisconsin victims of asbestos and mesothelioma will not get justice.

The law Jacque, ALEC, and the Wisconsin Civil Justice Council propose compels that asbestos victims bring all Asbestos Bankruptcy Trust claims first, before bringing a lawsuit against non-bankrupt asbestos companies, like Halliburton, Union Carbide, utilities, and others. The goal is to reduce asbestos victims’ recoveries and delay mesothelioma victims’ ability to get their day in court before the die. Jacque apparently does not want to hear the latter, but that’s the tragic result of the law he has proposed. Clearly, Jacque has never had a family member die from asbestos-related disease or mesothelioma.

Wisconsin asbestos mesothelioma lawyers

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 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.

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.