Missy Clyne Diaz  |  December 31, 2014

Category: Labor & Employment

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asbestos occupational health and safetyEarlier this month, a Syracuse jury awarded $7.7 million to the family of a career school bus driver who allegedly died of mesothelioma, a lung condition he contracted after years of unknown asbestos exposure on the job.

Jurors found bus manufacturer Navistar International liable for exposing Lewis N. of Manlius, N.Y. to asbestos allegedly contained in bus parts found in the Fayetteville-Manlius school’s garage. Navistar allegedly knew of the risks and side effects of asbestos when it made the decision to put asbestos in their bus parts, according to a Syracuse Post-Standard report.

Lewis allegedly drove buses for the Fayetteville-Manlius schools from 1957 until 1994, at which time he retired but continued to drive buses for other school districts.

The wrongful death asbestos lawsuit filed by Mary N. on her late husband’s behalf stated that Lewis inhaled asbestos fibers over the course of his bus driving career. According to the asbestos mesothelioma lawsuit, Lewis spent extended periods of time in a maintenance garage where he clocked in for his routes, submitted work orders, and met with mechanics. It was in this environment that the deceased plaintiff was allegedly exposed to asbestos fibers, leading to his asbestos mesothelioma condition.

Lewis died on Sept. 20, 2012, at the age of 81. His death certificate lists mesothelioma as the cause of death.

This mesothelioma verdict – the largest in the Syracuse, NY, area – breaks down to $3 million for Lewis N.’s emotional pain and suffering, $3 million for his physical pain and suffering, $1.5 million for his wife’s wrongful death claim, and $200,000 for loss of consortium, a legal term referring to companionship.

Asbestos Exposure and Health Concerns

Asbestos is a naturally occurring mineral that forms as tiny threads of fiber resistant to heat, fire, and chemicals. Asbestos can be found in the air, water, and soil and in small doses does not cause the majority of people to fall ill. Those most significantly impacted by asbestos exposure are people like Lewis who have extended exposure in closed spaces to asbestos, typically through work or substantial environmental contact, according to the National Cancer Institute.

Until the 1970s, asbestos was widely used in numerous American commercial industries such as strengthening cement and plastics, providing roofing insulation, fireproofing and soundproofing, as well as for the shipbuilding industry to insulate boilers, steam pipes, and hot water pipes.

In addition to mesothelioma, extended exposure to asbestos fibers can cause a variety of other asbestos-related lung diseases such as pleural plaque, pleural effusion, asbestosis, and lung cancer.

Mesothelioma is cancer of the pleura, which is tissue around the lung. If left untreated, mesothelioma can progress to malignant mesothelioma, the most serious of all asbestos-related diseases.

According to the National Institutes of Health, it is estimated that 11 million people were unknowingly exposed to asbestos between 1940 and 1978.

Asbestos mesothelioma symptoms typically don’t develop until several decades after asbestos exposure. There are between 2,000 and 3,000 new cases diagnosed each year. Some 30,000 people died of mesothelioma between 1999 and 2010.

Statistically, women have a greater chance of surviving an asbestos mesothelioma diagnosis than their male counterparts, perhaps because men were more often exposed in the workplace. On average, 40 percent of pleural mesothelioma patients survive at least one year after starting treatment. By year five, survival rates drop to 8 percent.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual mesothelioma lawsuit or asbestos class action lawsuit is best for you. [In general, mesothelioma lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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If you or a loved one were exposed to asbestos and developed mesothelioma, lung cancer, or cancer in the lining of the lungs, abdomen or chest cavity, you may be able to take legal action against the companies responsible. Don’t delay – in most states the statute of limitations is two years to file an asbestos lawsuit after you’re diagnosed. Obtain a free and confidential case evaluation be filling out the form below.

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