Shortly After His Funeral, I Found A Signed Will Made Before Our Marriage And Lawsuit. Does This Will Affect My Rights? Our deepest condolences. Since the will was made prior to your marriage, and the mesothelioma lawsuit was filed afterward, you may be entitled to a legal share from his probate estate. However, an attorney would want to review the executed retainer agreement to determine the portion of your husband’s estate that you are entitled to claim under state law. We recommend that you contact a probate attorney for more information to assert a claim. Give us a call at the Gertler Law Firm – (504) 527-8767.Read More
Mesothelioma is a form of cancer caused by exposure to asbestos, usually in the workplace, which can take many decades to develop. Because of this, most mesothelioma patients are older, and often have other health issues that they are dealing with. Making the job of diagnosis more difficult is the fact that early signs of mesothelioma are often vague and can appear to be any of a number of normal health problems that don’t necessarily raise red flags for doctors. Most instances of mesothelioma develop in the lungs of former workers at contaminated sites who breathed in tiny fibers of asbestos, some of which became lodged in the small airways of the lungs. This is known as pleural mesothelioma, and is often diagnosed in later stages by doctors. Early symptoms of pleural mesothelioma can include things like a dry cough, low back pain, fatigue, or weight loss, and all of these symptoms…Read More
Asbestos was widely used in New Orleans shipyards and other industries throughout much of the twentieth century. Unfortunately, this has led to a large number of workers contracting mesothelioma – a frequently fatal cancer caused through inhalation of asbestos particles. Whether an employer may be pursued through a personal injury lawsuit for this exposure, however, may depend on the timing of the exposure. This is because in 1975, the Louisiana Legislature changed the laws surrounding when an employee may sue an employer by amending the Louisiana Workers’ Compensation Act. The Louisiana Worker’s Compensation Act provides that certain work-related injuries may only be compensated through workers’ compensation payments. Employers are immune from tort suits for such injuries. Prior to 1975, the Louisiana Workers’ Compensation Act included a list of specific occupational diseases covered under the act. This list did not include mesothelioma. In 1975, the list was abandoned in favor of…Read More
Clinical trials exploring novel treatments to mesothelioma are a source of great hope for people who’ve been diagnosed with the disease, and the cancer specialists who treat them. From examining the effects of gene therapies, immune-based therapies, or new surgical techniques to help prolong life or beat mesothelioma outright, people dealing with mesothelioma in Louisiana may find that clinical trials are an appropriate avenue in their treatment plan. There are usually some out-of-pocket costs associated with clinical trials, but depending on your insurance policy, these may amount to a very small amount of money, or a more prohibitive expense. Things like blood work, imaging, testing, and hospital stays may or may not be covered by insurance. In addition, many clinical trials are conducted at hospitals and research centers outside of Louisiana, and travel costs usually won’t be covered for participants. When costs are a hurdle in participating in a clinical trial, there…Read More
Because mesothelioma is an especially dangerous cancer that has a very high mortality rate, researchers are constantly searching for novel approaches to treat it. There are ongoing clinical trials for techniques like gene therapy and immunotherapy all the time, and many patients in Louisiana may be eligible to participate in some or all of these trials. Eligibility requirements will vary widely, depending on the phase of the clinical trial (Phase I trials use a very small sample size, while Phase III trials can include hundreds or thousands of patients) and the specific effects being studied. Your mesothelioma specialist can help you understand the risks and potential benefits of the trials that are open right now, and connect you with a trial that may provide benefit to you. As with all experimental treatments, there are risks to be considered. Clinical trials are sometimes only open to those for whom traditional treatments…Read More
Mesothelioma, in Louisiana and elsewhere in America and around the globe, has just one cause: exposure to a naturally occurring mineral called asbestos, which until recent decades was used in a number of industrial and commercial applications. Asbestos is a pliable, fibrous mineral that can be fabricated into various shapes and forms, and it has insulation properties that are superior to other options on the market. Even today, when asbestos is highly regulated as a matter of public safety, some applications like brake pads for vehicles still rely on asbestos because of the quality of its fireproofing and heat control. There are a lot of myths about the causes of mesothelioma, including efforts by asbestos makers to promote the idea that smoking can cause mesothelioma. This is a way for them downplay the danger of their product, and to shift responsibility from their own worksites, where most asbestos exposure occurred and…Read More
While an exact number of Military Veterans in Louisiana, or veterans who worked in Louisiana during their careers, who have developed mesothelioma isn’t known. In the United States, about a third of reported cases of mesothelioma are among Veterans. Navy Veterans in particular have a high risk for developing mesothelioma, because asbestos was widely used as an insulator throughout Navy ships for decades until it began being phased out for safety reasons in the 1970s and 1980s. Because of the high number of Veterans who develop mesothelioma, the Veterans Administration has created a claims process to provide benefits to Veterans whose exposure happened in the course of their military service. Exposure wasn’t just among Navy personnel – members of the Army, Marines, Air Force, and Coast Guard routinely dealt with asbestos-containing materials throughout their service prior to the 1970s and 1980s, with members of all branches potentially affected. Some occupations are considered…Read More
Whether an employer owes a duty to a worker’s household member who develops mesothelioma after being exposed to asbestos fibers carried home on work clothes has been a highly contested issue. There have been several cases across the country in which compensation has been sought for family members who, for example, laundered work clothes contaminated with asbestos and later developed mesothelioma. Fortunately for New Orleans families, Louisiana courts have tended to extend the right to pursue damages to family members who contract this deadly disease. In Zimko v. Am. Cyanamid, So. 2d 465 (La. 4th Ct. App. 2005), the defendant was being sued on behalf of an employee’s household member who contracted mesothelioma as a result of exposure to asbestos fibers carried home on the employee. The Louisiana Fourth Circuit Court of Appeals found that the employer’s “duty is the general duty to act reasonably in view of the foreseeable risks…Read More
According to The American Lung Association, asbestos-related cancers like mesothelioma typically develop between 35 and 50 years after asbestos exposure, but because most asbestos exposure is work-related, and most cases of mesothelioma develop in populations who worked with asbestos for long periods of time, it is impossible to predict when, or whether, an individual may develop mesothelioma. While the majority of mesothelioma cases in Louisiana and around the country occur in people over the age of 50, there are numerous examples of younger people who’ve developed the disease as well. Children who had a parent working in asbestos-rich environments like shipbuilding or various manufacturing and construction jobs in and around Louisiana often got daily exposure when the parent returned from work in clothing saturated with asbestos fibers. Mesothelioma develops at different rates in different people, and the mechanism for this isn’t well understood. Genes likely play a role in determining who…Read More
Unfortunately, research suggests that people battling mesothelioma may experience additional serious health risks beyond the cancer itself. According to at least two studies of mesothelioma patients, the risk of developing blood clots is considerably higher for those with the disease than the general population. Blood clots can circulate in the body, lodging in smaller blood vessels and causing strokes, heart attacks, lung blockages, deep vein thrombosis, and even death. Researchers have not found a link between blood clots and the type of mesothelioma the patient is experiencing. Pleural, peritoneal, and pericardial mesothelioma all appear to present the same risk of blood clots for patients. Additionally, the stage of the disease doesn’t appear to matter either. Every patient battling mesothelioma faces additional health risks from blood clots. Fortunately, there are medications that can reduce the risk of blood clots. Mesothelioma patients in Louisiana must work closely with their doctors to identify…Read More
