O'Brien Law Firm

Understanding the latency period as it relates to asbestos exposure

2024-05-02T09:11:59Z

You may have heard that diseases caused by asbestos take years and even decades to develop after a person has worked with or has been otherwise exposed to asbestos. That’s typically true. The latency period, which is the length of time between being exposed to this dangerous material and developing symptoms of a disease caused by it, is generally anywhere between 10 and 40 years. However, it depends on a number of factors, such as:

How much asbestos a person was exposed to
How long the exposure continued
Whether a person exposed to asbestos is also a smoker

It should be noted that unlike other asbestos-related diseases, mesothelioma (widely considered the most serious one) can develop after exposure to even a small amount of asbestos. Different asbestos-related diseases also have different latency periods. The most common respiratory diseases caused by asbestos are:

Asbestosis,
Asbestos-related pleural (lung and chest) abnormalities
Lung and laryngeal cancer
Malignant mesothelioma

All of these, except for some of the pleural abnormalities, typically have a latency period of multiple decades. However, radiographic changes, which are changes to the body that can be seen on x-rays or other scans, may show up sooner. Chest x-rays alone aren’t the best way of diagnosing lung diseases caused by asbestos in the early stages. More advanced tests, like CAT scans can better detect confirm changes in the lungs.

What does this mean for proving fault and getting compensation?

What does this long latency period, even with early testing as a precaution, mean for seeking compensation from the employer or other party that caused the exposure? State laws differ. As we discussed in an earlier post, in Missouri, people have five years to begin legal action from the date they got an official diagnosis of mesothelioma or should have reasonably suspected that they were sick. If someone dies from mesothelioma, their surviving family has three years from their death to file a wrongful death suit. A diagnosis of mesothelioma or any asbestos-related condition can leave a person – and their family – in shock. The primary focus needs to be on getting the best treatment as soon as possible. That treatment can be considerably expensive. That’s why it’s also critical to explore your options for compensation. Getting experienced legal guidance can help you hand that burden over to those responsible for your harm while you focus on your health.

How long do you have to file a claim in Missouri after a mesothelioma diagnosis?

2024-03-05T09:50:58Z

In Missouri, the statute of limitations for filing a lawsuit regarding mesothelioma is set by state law. This legal timeframe determines how long a person has to initiate a legal action from the date of diagnosis or, in some cases, from the date the individual should have reasonably known about the development of their condition. For mesothelioma claims, this period is particularly significant due to the lengthy time it takes for symptoms to develop, which can span decades after asbestos exposure. This means that the statute of limitations typically doesn’t start at an instance of exposure. Instead, it starts upon diagnosis or potentially obvious symptom manifestation.

Time limits

The statute of limitations in Missouri for personal injury claims, including those related to mesothelioma, is five years. In cases where mesothelioma has led to the death of someone, the statute of limitations for filing a wrongful death lawsuit in Missouri is three years from the date of death.

Exceptions and considerations

There are sometimes exceptions to those time limits, but this isn’t usually the case. For individuals who were exposed to asbestos in the workplace but worked for a government entity, there might be additional considerations and potentially different time limits for filing a claim. One consideration in mesothelioma cases is that the symptoms may begin slowly. In some cases, it can take decades after the exposure for the first symptom to become noticeable. By the time an official diagnosis is made, there’s a chance that the cancer will be so advanced that there’s not much time for the person to act. Because of the rapid advancement of mesothelioma once symptoms manifest, it’s best for a victim to seek compensation quickly. Having a legal representative who understands the unique and complex considerations of these cases is critical. Getting everything moving as soon as possible can help to ensure that a victim has the financial compensation they need to cover critical expenses.

How is fault determined in an asbestos exposure case?

2024-01-02T08:24:05Z

The diagnosis of asbestos-related disease like mesothelioma or another form of lung cancer can come as a huge shock – especially since it may have been many years since you were last exposed to asbestos. While it’s difficult to think about a lawsuit when you’re sick, compensation for your injuries can help you pay for medical care, living expenses and more. It may also provide additional support for your family if you’re unable to keep working because of your disease.

The first thing that has to happen is to figure out the source

You can’t file a lawsuit until you know who the plaintiff or plaintiffs will be. Once you’ve been diagnosed with an asbestos-related disease, you have to look back and determine where and when you were exposed to the substance. Fortunately, the courts have long recognized that lung diseases can take decades to manifest in the victims who were exposed to asbestosis while working in construction, on a shipyard, in a manufacturing plant or a dozen other occupations. In many cases, people can point to their work records to show that they were exposed while working. Their work history is often used to also show that they had sufficient exposure over time to cause the disease. Typically, fault in an asbestos case is based around one of three legal theories:

Breach of warranty: The supplier of an asbestos product gave either express or implied assurances that the product was safe, which you relied upon to your detriment.
Negligence: An employer or supplier had a legal duty toward your safety, and they failed to take reasonable steps to protect you from injury.
Strict liability: A commercial supplier breached their duty to supply a safe product – whether they were conscious of the danger or not.

Because of the timelines involved and the complexity of asbestos-related injury claims in general, all of these cases can benefit from experienced legal guidance. Exactly what it will take to make a successful claim can vary significantly from situation to situation.

Are Navy veterans at high risk of developing mesothelioma?

2023-11-07T06:48:47Z

Anyone can potentially develop cancer. Of course, some people are at substantially higher risk for certain types of cancer than others. Certain types of cancer directly relate to the job that someone works. For example, mesothelioma is a cancer of the organ linings that has a strong association with asbestos exposure. Those who have handled asbestos or materials containing asbestos at work are at higher risk than others to develop mesothelioma. This deadly form of cancer often requires decades to develop but can then prove fatal within a few years of diagnosis. People in a variety of professions, including shipbuilders, have an elevated risk of mesothelioma, including Navy veterans.

Naval vessels frequently contain asbestos

For decades, manufacturers used asbestos as a flame retardant and insulator. It was both cheap and effective, which made it a popular resource on ships in particular. Unfortunately, the reliance on asbestos to produce certain products and materials inevitably increased the risk that those serving on Naval vessels would fall ill after their service. Of all the branches of the military in the United States, the Navy has the strongest association with mesothelioma and asbestos-related illnesses. Those who worked in maintenance or shipbuilding are at elevated risk of asbestos-related illnesses. Asbestos is a popular inclusion in many components because of its price and qualities as a building material. However, the ships themselves were not the only point of exposure for those serving in the Navy. Components ranging from piping and paneling to the bedding used by those on the vessels sometimes had parts made from asbestos.

How do those exposed in the Navy seek justice?

It is generally not possible to sue the military over chemical exposure and other risks that occurred during one's service. However, there are still rules in place that allow those who develop certain illnesses to seek compensation. The Navy has a system in place to help those diagnosed with mesothelioma. Learning about and utilizing the programs that aim to protect those who have served their country may benefit vets who are worried about paying for treatment costs or supporting their loved ones after their mesothelioma diagnosis.

What types of diseases can asbestos cause?

2023-09-01T05:35:44Z

Some people think that natural objects and materials are inherently safer than synthetics created by humans. However, people only need to learn the basics about asbestos exposure to realize the fault lines in that concept. Countless naturally-occurring substances are incredibly dangerous, including asbestos. Asbestos is a mineral substance that has played a key role in multiple different industries. It is a powerful fire retardant and insulator, which means that it has served a role in the production of thousands of different products, ranging from Navy vessels to insulated popcorn ceiling spray. Those exposed to asbestos environmentally or on the job could eventually become very sick. The following illnesses have a known association with asbestos exposure.

Multiple forms of cancer

When people talk about the dangers of asbestos, they often focus primarily on how those exposed to asbestos have an increased risk of developing cancer. For example, medical researchers have recently connected asbestos exposure, possibly caused by contaminated health and beauty products, to debilitating and deadly reproductive cancers. Some people develop lung cancer because they have inhaled asbestos. Mesothelioma, which is one of the deadliest forms of cancer, also has a strong relationship with asbestos exposure. Experts recognize asbestos as a known human carcinogen, meaning that any degree of exposure could potentially cause cancer decades later.

Lung issues

Even someone who has never done anything dangerous, like experimenting with tobacco, could develop lung cancer after exposure to asbestos. Those who do have a history of tobacco use may have a significantly higher risk of lung cancer than those who only use tobacco products and do not have exposure to asbestos. Cancer isn't the only respiratory illness that asbestos exposure causes. There is also a chronic lung disease called asbestosis that can develop in those who inhale asbestos. Asbestosis can cause shortness of breath and severe scarring inside the lungs. Coping with the implications of chronic lung disease or cancer can generate not just massive costs but also major financial losses in the form of unearned wages during someone's illness or treatment. Those who pursue a compensation claim against a former employer or a business that exposed them to asbestos can sometimes recoup the financial losses generated by an asbestos-related illness. Connecting a recent diagnosis with asbestos exposure is an important first step for those who want to hold a business accountable for the harm that they’re enduring as a result of that exposure.

Which workers have the highest risk of asbestos exposure?

2023-06-26T07:15:11Z

When medical researchers can conclusively connect a particular substance with the development of cancer, they begin calling that substance a carcinogen. Although humans have used asbestos for centuries, it is only been a few decades since medical science has established the link between handling asbestos on the job and developing deadly cancers decades later. Workers sometimes take for granted that they won't end up sickened by asbestos, possibly because the delay between exposure and illness is so long. It is common for illnesses like mesothelioma to take 20 years or more to produce diagnosable symptoms after someone's exposure to asbestos. A large portion of those with asbestos-related illnesses experienced direct exposure on the job or secondhand exposure through a family member that worked with asbestos. The following industries have the strongest association with asbestos exposure.

The transportation industry

When looking at common forms of travel, one thing that most of them share is the use of asbestos either currently or historically for components in the vehicles. The airline industry is the only one not currently highlighted as a high-risk profession. Automotive repair professionals have elevated risk, as to those working in maritime environments. Shipbuilders and Merchant Marines are among those at elevated risk of asbestos-related illness. Even those who remove rust from offshore installations could end up inhaling asbestos. Railroad workers are also at elevated risk of asbestos exposure.

Multiple manufacturing niches

Obviously, any product that contains asbestos requires workers to handle asbestos and therefore puts them at risk. Water sanitation chemicals, insulation and even building materials have all contained asbestos at one time or another. Those who work in facilities that produce steel, sand or abrasives are also at elevated risk of asbestos exposure.

The construction industry

Workers ranging from drywall professionals and carpenters to insulators and painters may end up exposed to asbestos because of old materials at the properties where they work. Despite bans on the use of asbestos for building materials, older homes built in the 20th century may still contain flooring or insulation with asbestos. Employees working in these industries and their family members have an elevated risk of asbestos exposure on the job. Anyone who can connect their illness with their former employment may be in a decent position to pursue compensation from a business that exposed them to asbestos previously. Additionally, recognizing when someone is that elevated risk of an asbestos-related illness may help them take action to protect themselves in the future.

What is asbestos?

2023-05-08T08:01:14Z

Many people have heard about asbestos but don't actually know much about it at all. Even those who may have worked with this dangerous substance often have not researched exactly what it is and why exposure to it can be consequential. Asbestos receives some attention from the news media and from workplace safety advocates because it is a known human carcinogen, but individuals are not provided with important information about this substance far, far too often. Those who are familiar with asbestos may be in a better position to protect themselves from illness and/or advocate for themselves or a loved one after receiving a diagnosis of an asbestos-related illness.

What exactly is asbestos?

Asbestos is the common term for a mineral substance found naturally throughout the Earth's crust. These minerals share the properties of being resistant to both heat and corrosion, which is made them useful and many industrial applications historically. Unfortunately, when small amounts of asbestos become airborne, humans inhale them. Asbestos fibers trapped in the lungs can cause inflammation as well as cancer. Asbestos comes in numerous different forms:

actinolite
amosite
anthophyllite
chrysotile
crocidolite
tremolite

Chrysotile or white asbestos is the most common form, but businesses import and use several other types as well to make different products, from brake pads to water sanitization chemicals.

What illnesses does asbestos cause?

Mesothelioma is the cancer with the strongest association with asbestos. Those exposed to asbestos can fall ill several decades later because of mesothelioma. This form of cancer begins in the organ linings and eventually spreads to the rest of the body. Many people, especially those who smoke, may have an increased risk of lung cancer after asbestos exposure. It also has a link with ovarian cancer and larynx cancer. People may also develop asbestosis and other respiratory conditions because of asbestos exposure on the job.

What protects people from asbestos exposure?

Improved workplace safety regulations now establish that there is no safe level of asbestos exposure. Companies should disclose exposure to workers and take steps to protect them from exposure and illness. Those exposed before such safety standards were in place may have grounds to bring a claim against their employer or possibly an asbestos bankruptcy trust for compensation after a diagnosis of an asbestos-related medical condition. Learning more about asbestos and the diseases it may cause can benefit those who have worked with this dangerous substance. Similarly, seeking legal guidance can help those who have been made ill as a result of this substance as well.

Workers who handled asbestos could eventually develop lung cancer

2023-04-13T18:10:08Z

Asbestos is a natural, fibrous mineral found and mined in many geographic regions all over the world. Businesses and manufacturers use asbestos in many different products due to its excellent insulating and fire-retardant qualities. Unfortunately, asbestos is very dangerous for workers. It is a known human carcinogen. Asbestos is the chief and widely accepted cause of mesothelioma, a deadly type of cancer that starts in the tissue surrounding the lungs, stomach and even the heart. Mesothelioma is not the only cancer caused by asbestos exposure, however. It is also a known cause of lung cancer.

Inhaled asbestos can damage the lungs

Asbestos exposure can occur in many different scenarios (removing contaminated construction materials, performing home remodeling projects, and replacing vehicle brake pads, for example). Although workers who perform their job in environments contaminated with asbestos may feel like their exposure level was low, or that enough time has passed for them to be safe, they could eventually end up facing a lung cancer diagnosis. Unfortunately, asbestos exposure at work can culminate in severe damage to the body decades later. Researchers have long recognized a strong correlation between asbestos exposure and lung cancer. Workers who both handle asbestos professionally and consume tobacco products have a particularly high personal risk of developing lung cancer. Any worker who handles asbestos is five times more likely to develop lung cancer than the average adult. Those exposed to asbestos in the workplace and who also smoke are fifty times more likely to develop lung cancer than other adults. The average worker diagnosed with lung cancer will be 70 years old, and possibly long retired. Most people who handle asbestos will only become ill somewhere between 30 and 40 years after their employers exposed them to asbestos. The claims they pursue can help them support their families and cover the cost of medical care.

Workers sickened by their jobs have rights

Much like those diagnosed with mesothelioma, workers with lung cancer who handled asbestos on the job may be eligible for compensation through filing a lawsuit in civil court or through a claim against a bankruptcy trust. Connecting a recent diagnosis of lung cancer to a job handling asbestos is the first step toward securing rightful compensation for someone who has been sickened as a result of their employment. The lawyers at The O'Brien Law Firm are ready to help.

Tips for caregivers: When your loved one has mesothelioma

2023-01-30T14:45:32Z

A mesothelioma diagnosis is devastating for both the victim of the disease and their loved ones. As the mesothelioma victim endures their health struggles, many of their loved ones will adapt to various caregiving roles.

Unfortunately, as a caregiver, it’s easy to get so caught up in your loved one’s needs that you forget your own. Caregiver burnout can be a very real problem. Since you cannot take care of someone else effectively if you aren’t taking care of yourself, here are some tips that may help you cope:

1. Be proactive about your questions and needs.

It’s easier to deal with something when you have more clarity about what to expect. Knowing as much as you can about the disease and your loved one’s prognosis can help you prepare, so don’t be afraid to ask questions and do your own research. The American Cancer Society, the Mayo Clinic, the National Organization for Rare Disorders and other sites can offer valuable insights.

2. Find a source of support for yourself.

Obviously, you can’t burden your loved one with your own sorrow and frustrations right now – but that doesn’t mean you should keep those feelings bottled up inside. Sources of support can include:

Family members or friends who aren’t part of the care team
A cancer or mesothelioma support group (whether online or in person)
Private therapy or group therapy for bereavement

3. Practice self-care whenever the opportunity presents itself.

This can look like different things to different people, but it can involve things like:

Spending a few minutes every morning or evening just relaxing
Maintaining a healthy diet and exercise routine
Trying to stick to a set schedule whenever possible
Making certain that you get adequate rest and sleep
Making use of respite and temporary hospice care for breaks

A mesothelioma diagnosis is hard to hear, and your frustration may be compounded by the fact that it was a preventable disease. Because long-ago exposure to asbestos is the primary cause, there may be funds available to help pay for your loved one’s care.

How much asbestos exposure is too much, and how does it occur?

2022-11-18T09:46:31Z

There are people who claim that natural resources and materials are inherently safe. They doubt the safety of anything synthetic and immediately assume that substances or items occurring naturally are always safer. Asbestos is the perfect evidence to refute that claim. This naturally-occurring mineral substance is extracted via mining from deposits all over the world. Unfortunately, despite proving very useful as a fire retardant and insulator, asbestos has also proven to be a human carcinogen. Individuals who inhale particulate asbestos could eventually develop aggressive cancers, including lung cancer and mesothelioma. Asbestos exposure through contaminated products also has an association with certain reproductive cancers in women. Understanding how much asbestos exposure is safe and how people end up exposed can be an important starting point for those grappling with a recent diagnosis.

How do people end up exposed to asbestos?

Companies have used asbestos and products ranging from insulation and brake pads to Navy ship components. Workers who handle asbestos as they work on ships or in a manufacturing facility could end up sickened because of that chemical exposure. People can also become exposed through product contamination. Health and beauty products ranging from baby powder to low-cost makeup have tested positive for asbestos. Those who have family members that work with asbestos could also end up exposed when their loved ones bring asbestos home on their clothing or skin.

How much asbestos exposure is safe?

The federal government tends to establish limits for chemical exposure that can help manufacturers and other businesses minimize the harm caused by using dangerous or toxic substances. Unfortunately, when it comes to asbestos, there is simply no safe amount of exposure. Even a small amount of secondary exposure from a loved one working with asbestos could eventually lead to someone developing lung cancer or mesothelioma decades later. Typically, companies whose workers have handled the asbestos have to set aside resources for those employees, even if they file for bankruptcy or close the company. There may be compensation available for workers and their family members if asbestos is the cause of someone's health issues. Learning more about asbestos and the diseases it can cause will help those struggling to properly handle a recent diagnosis.