Mesothelioma is a very rare type of cancer, and unlike many cancers, for which their cause is hard to pin down, mesothelioma occurs almost exclusively as a result of exposure to asbestos. Companies that have negligently exposed their employees to asbestos are being sued by victims, often through an asbestos class action lawsuit or mesothelioma class action lawsuit.
Mesothelioma is a cancer of the lining of the chest cavity, or more rarely other similar tissues like the lining of the abdominal cavity or the lining of the heart. It is often mistakenly called a lung cancer because it causes similar symptoms to more familiar lung cancers, like trouble breathing, fluid in the chest, and coughing up blood.
Like all cancers, mesothelioma is a disease where the normal mechanisms that control cell growth malfunction, result in uncontrollably-reproducing cells. These can damage other tissues by physically interfering with them by choking off blood vessels or nerves, out-competing healthy tissue for nutrients, and other complications.
Mesothelioma has an extremely low survival rate for patients. More than two-thirds of mesothelioma patients die within 15 months of their initial diagnosis. It is also a very painful disease, since patient suffer from chest pain and trouble breathing from the cancer.
However, a small subset of mesothelioma patients may benefit from an aggressive regiment of invasive surgery, radiation treatments, and chemotherapy. While this approach is grueling, it can extend these patients’ lives by a decade.
The Asbestos-Mesothelioma Connection
Asbestos is a naturally-occurring mineral that can be mined in various areas. It is a fibrous silicate, which means that it is made up of many tiny thread-like, glass-like particles. Since these particles can trap air, and have a very high melting point, asbestos makes an exceptional insulator. Because of this, the material came into widespread use during the Industrial Revolution for insulation and fireproofing.
However, more than a century ago, researchers began to notice a link between asbestos exposure and various diseases, including mesothelioma. While some asbestos-related illnesses manifest quickly, asbestos typically takes decades to show up, complicating efforts to find the disease’s cause. However, by the 1930s, evidence had mounted that the disease was linked to asbestos.
The exact mechanism that leads from asbestos to cancer is unknown, but scientists have several hypotheses. One is that microscopic fibers of asbestos enter cells and physically damage DNA. This hypothesis is supported by the idea that asbestos fibers can enter cells and are on the same scale as DNA. The fact that asbestos is strongly linked to mesothelioma and yet is not chemically reactive supports this.
It is also suspected that asbestos fibers cause chronic irritation and inflammation of the lungs. Some scientists suspect that persistent inflammation can trigger the formation of cancer cells. These theories are not mutually exclusive – asbestos may trigger cancer through several mechanisms.
Mesothelioma Class Action Lawsuits vs. Mesothelioma Lawsuits
Thousands of Mesothelioma lawsuits and Asbestos class action lawsuits have been filed by mesothelioma victims and their surviving kin. These Mesothelioma lawsuits allege that victims were exposed to asbestos, and that their employers or suppliers should have taken better steps to protect them.
One issue that complicates asbestos litigation is the legal concept of a statute of limitations. In civil law, a statute of limitations is a legal time limit for how long a person can wait to file a civil suit. Since mesothelioma almost invariably takes decades to manifest, the statute of limitations may be an issue. However, in most districts it is recognized that the statue of limitations does not “start ticking” until a person has learned that they may have been harmed by their exposure to asbestos. In spite of statue of limitation issues, record-breaking settlements have been reached in asbestos lawsuits, including multi-million dollar settlements for single clients.
Some asbestos lawsuits take the form of class action lawsuits. Class action lawsuits are a type of group lawsuit designed to allow a group of people to file a single lawsuit against the same defendant. Class action lawsuits are designed to save time and resources for everyone involved; the plaintiffs can pool their financial resources to cover the cost of their suit, the defendant only has to face a single lawsuit, and the court system only has to hold a single case.
In general, asbestos mesothelioma lawsuits are filed individually by each plaintiff and are not class actions.
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 lawsuit or class action lawsuit is best for you. 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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