ASBESTOS CLAIM

Types of Asbestos diseases

2011-11-08T20:10:00.000-08:00

Types of Asbestos diseases
Asbestos Claim

There are a number of asbestos related conditions that can be contracted if there has been exposure although only a minority of those exposed to asbestos will eventually develop symptoms. The diseases are as follows:

Mesothelioma

An asbestos cancer usually developing in the lining of the lung (the pleura), which can be contracted through small as well as large exposure to the dust. Current English law provides that where several employers exposed an employee to asbestos, if only one employer can be sued (eg. because all the others are insolvent), then that employer is liable for the full amount of compensation awarded for the contraction of mesothelioma.

Lung Cancer

Contracted through very heavy exposure to asbestos. If the sufferer has been a smoker, under current law, one can prove that the exposure to asbestos has caused the condition. These can be difficult cases but they can be won if asbestosis is also present in the lungs or if there is sufficiently heavy exposure.

Asbestosis

A fibrosis of the bronchial trees of the lungs caused by heavy exposure to asbestos dust. Inhaling all sorts of dust can cause damage to the lungs of those who breathe it in, with one such result being fibrosis of the lungs. The name of the disease varies according to the type of dust causing the fibrosis. Asbestosis is the name given to fibrosis caused by asbestos dust. This is a progressively disabling condition which can lead to significant respiratory disablement.

Pleural Thickening

Asbestos fibres penetrating the wall of the lungs, known as the pleura, to cause a thickening on the chest wall. Pleural thickening acts as a kind of waistcoat around the lungs affecting the lungs ability to “bellow” during inhalation. This can cause breathing disability.

Pleural Plaques

Scarring of the lining of the lungs caused by the asbestos fibres penetrating the wall of the lungs. Such scars appear on x-rays. They are benign and do not and are not likely to cause any symptoms. Nor are they likely of themselves to lead to any serious asbestos related conditions.
Asbestos Claim

Mesothelioma Diagnosis – Vital Claim Support Evidence

2011-11-01T20:07:00.000-07:00

Mesothelioma Diagnosis – Vital Claim Support Evidence
Asbestos Claim

It’s an established fact that exposure to asbestos increases the risk of mesothelioma. Yet despite the definite link between exposure to asbestos particles and asbestos-related diseases, such as asbestosis, debate has and still continues as to just ‘how much of a risk is present’ in environments where asbestos fibres are discovered.

A significant proportion of the outcome to a mesothelioma compensation case can be dependent on proving, without reasonable doubt, the causal connection between exposure and the onset leading to further development of the disease and it’s fatal consequences.

Undoubtedly, today’s advanced diagnostic procedures are vital and essential to be carried out in every single instance where asbestosis symptoms appear. A diagnosis of mesothelioma will be required by an asbestosis lawyer to be presented as supporting evidence, showing careful assessment of clinical and radiological findings, in addition to tissue biopsy confirmation.

Diagnostic examinations for the assessment of mesothelioma can be conducted by various methods to determine different types of conditions. Accordingly, a specialist will recommend one or more of the following tests:

CT Scan – Computed Tomography ( 10 – 30 mins):
CT scans are able to define pleural effusion, pleural thickening, pleural calcification, possible chest wall invasion. CT cannot distinguish between changes associated with benign asbestos disease, or between a malignant tumour of the lung versus mesothelioma.

MRI – Magnetic Resonance Imaging ( 20 -40 mins):
Possessing greater accuracy than a CT scan, MRI scans are most often used to determine the extent of a tumour prior to aggressive treatment. Images are created in multiple planes, and therefore, are better able to identify tumours as opposed to normal structures. MRI shows a clear diaphragmatic surface and better assessments of the enlargement of specific types of lymph nodes which lie between the two lungs.

PET – Positron Emission Tomography:
Relatively new, PET imaging is now becoming an important part of the diagnosis and evaluation of mesothelioma. Considered more efficient in determining the stages of mesothelioma.

Fluid Analysis:
Cells extracted from the pleural cavity for malignancy testing of the pleural fluid are considered to have limited value in diagnosing mesothelioma. Negative or inconclusive readings account for nearly 85 per cent of all fluid tested, and even with a positive fluid report, doctors may opt to perform a confirming tissue biopsy.

Biopsy – Tissue Analysis:
In most cases, it is ultimately, a needle biopsy of the pleura, or an open surgical biopsy, which will produce a confirmed diagnosis of mesothelioma. In a pleural biopsy procedure, a sample of tissue will be removed to be examined under a microscope by a pathologist.
Asbestos Claim

When Can I Make An Asbestos Claim?

2011-10-25T20:05:00.000-07:00

When Can I Make An Asbestos Claim?

There are strict time limits in personal injury mesothelioma asbestos claim within which you must have started court proceedings in your claim. However, these time limits vary and depend on a number of factors (not all of which are listed here) including the nature of your accident or injury, where the accident happened and who you intend to bring the claim against.

For these reasons it is important that you seek advice promptly from one of our specialist personal injury solicitors on the precise time limits that apply to your case.

Under English law, in most cases that time limit is 3 years from the date of accident or incident giving rise to your injury. This means that court proceedings must have commenced within:

* 3 years of the date of an accident, or
* if you have an illness caused by your work, 3 years from the date on which you became aware of your illness and that it might be related to your employment;
* if you have a medical negligence claim, 3 years from the date on which you became aware that you had suffered harm as a consequence of your medical treatment.

These time limits do not apply to children (who can proceed at any time before their 21st birthday) and people who are unable because of mental incapacity of managing their legal affairs (may differ for a defective product).

Also, there are different time limits if your accident or injury occurred outside England and Wales or during the course of international travel or if a defective product is involved.

Time limits and legal procedures vary from country to country. In many countries the time limits for taking action are much shorter than 3 years. Furthermore, for example, for many air accidents, marine accidents and criminal injury claims, the time limit is shorter and is often 2 years.

For defective products the time period is either:

* three years from the date that an injury or illness was caused by the product, or
* from the date you became aware of that injury or illness caused by the product, limited to a maximum of 10 years from the date of supply of the product concerned.

This includes products given as a result of medical care and applies to children and to people who are incapable of managing their legal affairs.

In some very limited circumstances the courts may allow a claim to continue beyond the time limit period but you should not assume that any discretion will be applied for your claim. However, even if you believe the time limit for bringing your claim may have expired it is worth seeking advice from a solicitor on whether the court may allow the mesothelioma asbestos claim to proceed.

Asbestos Related Diseases Claims

2011-10-18T20:02:00.000-07:00

Asbestos Related Diseases Claims
Handling Asbestosis Claims With Expertise And Sensitivity

Asbestosis is caused by inhaling large amounts of asbestos dust or fibres and means that excess fibrous tissue develops in your lungs. This can scar the lungs and cause abnormal chest sounds, known as ‘crackles’. The lung scarring can result in serious breathing problems.

Employers have a duty to protect their workers from hazardous substances and if you develop asbestosis as a result of your working conditions then you may be able to make an asbestosis claim for compensation.

If you have already made an asbestosis claim, hopefully your condition will not deteriorate.

If it does and you develop a serious asbestos-related condition such as lung cancer or mesothelioma after already experiencing problems, then it is possible to return to court for a further award of compensation. This is known as provisional damages.

Mesothelioma & Asbestos Claims

2011-10-11T20:01:00.000-07:00

Mesothelioma & Asbestos Claims

A mesothelioma asbestos claim is the lawsuit that is filed on behalf of an individual who has developed mesothelioma as a result of harmful exposure to asbestos. A mesothelioma claim is filed against the party who is responsible for the victim's exposure to asbestos. mesothelioma asbestos claim defendants can be government organizations, manufacturers, employers, asbestos removal professionals, or any other party whose negligence contributed to harmful asbestos exposure.

At least six hundred thousand mesothelioma asbestos claim have been filed in the United States alone. A mesothelioma claim can be filed by the victim or their loved ones in the event that mesothelioma has already claimed that person's life. A mesothelioma claim can help a victim or their loved ones to receive compensation for their losses including medical expenses, loss of income or earning potential, disability, and psychological suffering.

When considering a mesothelioma asbestos claim, there are some important things to consider. This first aspect to a mesothelioma claim is the statute of limitations that applies to the filing of a mesothelioma claim. Each state may have their own statute of limitations which restricts the amount of time a victim has to file a mesothelioma asbestos claim. Usually a statute of limitation begins at the point at which a person develops the injury. Because mesothelioma can remain dormant and asymptomatic for decades, the statute of limitations may begin at the point of diagnosis rather than the time of exposure. The statute of limitations for a mesothelioma claim can vary based on a number of factors, and therefore it is important to discover the laws applicable to your case.

To have a successful mesothelioma asbestos claim case, you must also be able to prove the exact source of the asbestos exposure, the party who is responsible for that exposure, and the exact damages that were suffered as a result of that asbestos exposure. A trained and experienced mesothelioma claim legal expert can help to determine these factors and develop a strong case to protect and maximize a victim's rights.

Because there have been so many mesothelioma asbestos claim filed in the United States, the federal government has considered the development of an asbestos bankruptcy fund. If this fund is created, victims of mesothelioma would no longer have the legal option to file a mesothelioma claim. Instead these victims would be eligible for compensation of their losses through this fund if they meet specific requirements. Critics of this asbestos fund legislation worry that many victims of mesothelioma will not be able to receive adequate compensation for their injuries under this law.

Under existing law, it is possible for a victim to file a mesothelioma claim to seek compensation for the damages they have suffered at the hands of those who failed to mesothelioma asbestos claim prevent harmful asbestos exposure. To learn more about your rights and options in a mesothelioma claim, please contact us to confer with a qualified and experienced mesothelioma attorney in your area

Asbestos Claim-Mesothelioma

2011-10-04T20:00:00.000-07:00

Asbestos Claim-Mesothelioma

Mesothelioma, more precisely malignant mesothelioma, is a rare form of cancer that develops from the protective lining that covers many of the body's internal organs, the mesothelium. It is usually caused by exposure to asbestos.

Its most common site is the pleura (outer lining of the lungs and internal chest wall), but it may also occur in the peritoneum (the lining of the abdominal cavity), the heart, the pericardium (a sac that surrounds the heart) or tunica vaginalis.

Most people who develop mesothelioma have worked on jobs where they inhaled asbestos particles, or they have been exposed to asbestos dust and fiber in other ways. It has also been suggested that washing the clothes of a family member who worked with asbestos can put a person at risk for developing mesothelioma. Unlike lung cancer, there is no association between mesothelioma and smoking, but smoking greatly increases the risk of other asbestos-induced cancers.Compensation via asbestos funds or lawsuits is an important issue in mesothelioma (see asbestos and the law).

The symptoms of mesothelioma include shortness of breath due to pleural effusion (fluid between the lung and the chest wall) or chest wall pain, and general symptoms such as weight loss. The diagnosis may be suspected with chest X-ray and CT scan, and is confirmed with a biopsy (tissue sample) and microscopic examination. A thoracoscopy (inserting a tube with a camera into the chest) can be used to take biopsies. It allows the introduction of substances such as talc to obliterate the pleural space (called pleurodesis), which prevents more fluid from accumulating and pressing on the lung. Despite treatment with chemotherapy, radiation therapy or sometimes surgery, the disease carries a poor prognosis. Research about screening tests for the early detection of mesothelioma is ongoing...
Asbestos Claim

Comparative exposure levels to airborne asbestos fibers

2011-09-24T19:57:00.000-07:00

Comparative exposure levels to airborne asbestos fibers (Fibers per millilitre)
Asbestos Claim

* Environmental Exposure 0.0001 fiber/mL
* Rural environmental exposure 0.0001 fiber/ml
* Urban environmental exposure 0.0001 to 0.001 fiber/ml
* Environmental exposure downwind from an asbestos cement plant at 300 m: 0.0022 fiber/ml
* Exposure in buildings with friable asbestos concentrations 0.001 to 0.01 fiber/ml(counted with an optical microscope)
* Controlled removal of "Artex" (3% to 5% Chrysotile) textured decorative coating: 0.08 fiber/ml
* Vigorous dry scraping for 60 minutes to remove textured decorative plaster from a wall: 0.09 fiber/ml personal sample, estimated PCME
* Throwing asbestos cement sheets into lorry 0.161 fiber/ml personal
* "Representative" Asbestos cement roof Removal: Not detected to 0.2 fiber/ml personal
* "Representative" Asbestos cement roof Repair: Not detected to 0.3 fiber/ml personal
* Asbestos cement sheets stacked in confined space 0.30 to 0.53 fiber/ml personal
* Hand sawing asbestos cement sheets and pipes < 1 fiber/ml
* Careful removal of whole asbestos insulation boards by unscrewing with shadow vacuuming and spray application of a wetting agent on unsealed surfaces: Up to 3 fiber/ml
* Jig sawing asbestos insulation board with LEV 1 - 5 fiber/ml
* Opening raw material Chrysotile from Chongqing, China, asbestos plant 5.8–7.5 fiber/ml
* Drilling overhead asbestos insulation boards (No LEV): 5 to 10 fiber/ml
* Hand sawing asbestos insulation board (No LEV): 5 to 10 fiber/ml
* Jig sawing asbestos insulation board (No LEV): 5 to 20 fiber/ml
* Breaking and ripping out asbestos insulation boards dry with no unscrewing: 5 to 20 fiber/ml
* Abrasive disc cutting of asbestos cement sheets and pipes without LEV 15 to 25 fiber/ml
* Bagging raw material Chrysotile in Chongqing, China, asbestos plant (1999) 5.2–58.4 fiber/ml
* Sweeping asbestos insulation board debris up to 10 fiber/ml
* Dry removal of asbestos lagging up to 100 fiber/ml
* Dry removal of sprayed (limpet) coating up to 1000 fiber/ml
Asbestos Claim
Asbestos claim: asbestos-types-and-associated-fibers.

Asbestos Types and associated fibers

2010-08-14T19:53:00.000-07:00

Asbestos Types and associated fibers

Six minerals are defined by the United States Environmental Protection Agency as "asbestos" including that belonging to the serpentine class chrysotile and that belonging to the amphibole class amosite, crocidolite, tremolite, anthophyllite and actinolite. There is an important distinction to be made between serpentine and amphibole asbestos due to differences in their chemical composition and their degree of potency as a health hazard when inhaled. However asbestos and all commercial forms of asbestos (including chrysotile asbestos) are known to be human carcinogens based on sufficient evidence of carcinogenicity in humans.
Serpentine
-White

Chrysotile, CAS No. 12001-29-5, is obtained from serpentinite rocks which are common throughout the world. Its idealized chemical formula is Mg3(Si2O5)(OH)4. Chrysotile fibers are curly as opposed to fibers from amosite, crocidolite, tremolite, actinolite, and anthophyllite which are needlelike.[4] Chrysotile, along with other types of asbestos, has been banned in dozens of countries and is only allowed in the United States and Europe in very limited circumstances. Chrysotile has been used more than any other type and accounts for about 95% of the asbestos found in buildings in America.[5] Applications where chrysotile might be used include the use of joint compound. It is more flexible than amphibole types of asbestos; it can be spun and woven into fabric. The most common use is within corrugated asbestos cement roof sheets typically used for outbuildings, warehouses and garages. It is also found as flat sheets used for ceilings and sometimes for walls and floors. Numerous other items have been made containing chrysotile including brake linings, cloth behind fuses (for fire protection), pipe insulation, floor tiles, and rope seals for boilers.[citation needed]
Amphibole
-Brown

Amosite, CAS No. 12172-73-5, is a trade name for the amphiboles belonging to the Cummingtonite - Grunerite solid solution series, commonly from Africa, named as an acronym from Asbestos Mines of South Africa. One formula given for amosite is Fe7Si8O22(OH)2. It is found most frequently as a fire retardant in thermal insulation products and ceiling tiles.
Amphibole

-Blue

Crocidolite, CAS No. 12001-28-4 is an amphibole found primarily in southern Africa, but also in Australia. It is the fibrous form of the amphibole riebeckite. One formula given for crocidolite is Na2Fe2+3Fe3+2Si8O22(OH)2.

Notes: chrysotile commonly occurs as soft friable fibers. Asbestiform amphibole may also occur as soft friable fibers but some varieties such as amosite are commonly straighter. All forms of asbestos are fibrillar in that they are composed of fibers with widths less than 1 micrometer that occur in bundles and have very long lengths. Asbestos with particularly fine fibers is also referred to as "amianthus". Amphiboles such as tremolite have a crystal structure containing strongly bonded ribbonlike silicate anion polymers that extend the length of the crystal. Serpentine (chrysotile) has a sheetlike silicate anion which is curved and which rolls up like a carpet to form the fiber.
Other materials

Other regulated asbestos minerals, such as tremolite asbestos, CAS No. 77536-68-6, Ca2Mg5Si8O22(OH)2; actinolite asbestos, CAS No. 77536-66-4, Ca2(Mg, Fe)5(Si8O22)(OH)2; and anthophyllite asbestos, CAS No. 77536-67-5, (Mg, Fe)7Si8O22(OH)2; are less commonly used industrially but can still be found in a variety of construction materials and insulation materials and have been reported in the past to occur in a few consumer products.

Other natural and not currently regulated asbestiform minerals, such as richterite, Na(CaNa)(Mg, Fe++)5(Si8O22)(OH)2, and winchite, (CaNa)Mg4(Al, Fe3+)(Si8O22)(OH)2, may be found as a contaminant in products such as the vermiculite containing zonolite insulation manufactured by W.R. Grace and Company. These minerals are thought to be no less harmful than tremolite, amosite, or crocidolite, but since they are not regulated, they are referred to as "asbestiform" rather than asbestos although may still be related to diseases and hazardous.

asbestos-and-law.

Asbestos

2010-08-14T19:52:00.000-07:00

ASBESTOS
Asbestos is a set of six naturally occurring silicate minerals exploited commercially for their desirable physical properties. They all have in common their asbestiform habit, long, (1:20) thin fibrous crystals. The inhalation of asbestos fibers can cause serious illnesses, including malignant lung cancer, mesothelioma (a formerly rare cancer strongly associated with exposure to asbestos and fiber glass.), and asbestosis (a type of pneumoconiosis). The European Union has banned all use of asbestos and extraction, manufacture and processing of asbestos products.

Asbestos became increasingly popular among manufacturers and builders in the late 19th century because of its sound absorption, average tensile strength, and its resistance to heat, electrical and chemical damage. When asbestos is used for its resistance to fire or heat, the fibers are often mixed with cement or woven into fabric or mats. Asbestos was used in some products for its heat resistance, and in the past was used on electric oven and hotplate wiring for its electrical insulation at elevated temperature, and in buildings for its flame-retardant and insulating properties, tensile strength, flexibility, and resistance to chemicals.
Asbestos Claim..
asbestos-and-law.

Asbestos Claim- Environmental Asbestos Removal and Cleanup

2010-08-14T19:50:00.000-07:00

Asbestos Claim- Environmental Asbestos Removal and Cleanup
Old Wailuku Post Office sealed off for Asbestos Removal.

Asbestos abatement (removal of asbestos) has become a thriving industry in the United States. Strict removal and disposal laws have been enacted to protect the public from airborne asbestos. The Clean Air Act requires that asbestos be wetted during removal and strictly contained, and that workers wear safety gear and masks. Over the last ten years, the federal government has prosecuted dozens of violations of the Act and violations of Racketeer Influenced and Corrupt Organizations Act (RICO) related to the operations. Often these involve contractors who hire undocumented workers without proper training or protection to illegally remove asbestos. Contractors who ignore safety regulations in removing asbestos commit an environmental crime that exposes countless people to potentially fatal and excruciatingly painful lung diseases.

W. R. Grace and Company faces fines of up to $280 million for polluting the town of Libby, Montana. Libby was declared a Superfund disaster area in 2002, and the EPA has spent $54 million in cleanup. Grace was ordered by a court to reimburse the EPA for cleanup costs, but the bankruptcy court must approve any payments.

On January 11, 2006, San Diego Gas & Electric Co., two of its employees and a contractor were indicted by a federal grand jury on charges that they violated safety standards while removing asbestos from pipes in Lemon Grove, California. The defendants were charged with five counts of conspiracy, violating asbestos work practice standards and making false statements. If convicted the workers face five-year prison terms and a $250,000 fine for each violation. San Diego Gas & Electric faces fines of $2.5 million.

On December 12, 2004, New York father-and-son owners of asbestos abatement companies were sentenced to the longest federal jail sentences for environmental crimes in U.S. history. The crimes related to a 10-year scheme to illegally remove asbestos. They were convicted on all 18 counts of conspiracy to violate the Clean Air Act and the Toxic Substances Control Act, and actual violations of the Clean Air Act and Racketeer-Influenced and Corrupt Organizations Act. The RICO counts included obstruction of justice, money laundering, mail fraud and bid rigging, all related to the asbestos cleanup. The son was sentenced to 25 years in prison, forfeiture of $2 million in illegal proceeds from RICO activities, and restitution of $23,039,607 to his victims. The father was sentenced to 17 & 1/2 years in prison, forfeiture of $1.7 million in illegal proceeds, and restitution of $22,875,575 to his victims.

On April 2, 1998, three men were indicted in a conspiracy to use homeless men for illegal asbestos removal from an aging Wisconsin manufacturing plant. Then-US Attorney General Janet Reno said, "Knowingly removing asbestos improperly is criminal. Exploiting the homeless to do this work is cruel."
Asbestos claim..
asbestos-and-the law.

Asbestos Claim-Civil litigation

2010-08-14T19:49:00.001-07:00

Asbestos Claim-Civil litigation
Asbestos Claim
The first lawsuits against asbestos manufacturers were brought in 1929. Since then, many lawsuits have been filed. As a result of the litigation, manufacturers sold off subsidiaries, diversified, produced asbestos substitutes, and started asbestos removal businesses. [18] In June 1982, a retired boiler-maker, James Cavett, won a record award of $2.3 million compensatory and $1.5 million in punitive damages.

The Manville Corporation, formerly the Johns-Manville Corporation, filed for reorganization and protection under the United States Bankruptcy Code in August 1982. At the time, it was the largest company ever to file bankruptcy, and was one of the richest. Manville was then 181st on the Fortune 500, but was the defendant of 16,500 lawsuits related to the health effects of asbestos.

Johns-Manville was described by Ron Motley, a South Carolina attorney, as "the greatest corporate mass murderer in history." Court documents show that the corporation had a long history of hiding evidence of the ill effects of asbestos from its workers and the public. One of many examples is a memo from Johns-Manville's medical director to corporate headquarters:

The fibrosis of this disease is irreversible and permanent so that eventually compensation will be paid to each of these men. But, as long as the man is not disabled it is felt that he should not be told of his condition so that he can live and work in peace and the company can benefit by his many years of experience.

By the early 1990s, "more than half of the 25 largest asbestos manufacturers in the US, including Amatex, Carey-Canada, Celotex, Eagle-Pitcher Industries, Forty-Eight Insulations, Manville Corporation, National Gypsum, Standard Insulation, Unarco, and UNR Industries had declared bankruptcy. Filing for bankruptcy protects a company from its creditors."

One of the major issues relating to asbestos in civil procedure is the latency of asbestos-related diseases. Most countries have limitation periods to bar actions that are taken long after the cause of action has lapsed. For example, in Malaysia the time period to file a tort action is six years from the time the tort occurred. Due to several asbestos-related actions, countries such as Australia have amended their laws relating to limitations to accumulate starting from time of discovery rather than time when the cause of action accrued.

Asbestos Claim
asbestos-claim-environmental-asbestos.

Asbestos and the Law

2010-08-14T19:46:00.000-07:00

Asbestos and the Law
In the late 1800s and early 1900s, asbestos was considered an ideal material for use in the construction industry. It was known to be an excellent fire retardant, to have high electrical resistance, and was inexpensive and easy to use.

The problem with asbestos arises when the fibers become airborne and are inhaled. Because of the size of the fibers, the lungs cannot expel them. They are also sharp and penetrate tissues.

Health problems attributed to asbestos include :

1. Asbestosis - A lung disease first found in textile workers, asbestosis is a scarring of the lung tissue from an acid produced by the body's attempt to dissolve the fibers. The scarring may eventually become so severe that the lungs can no longer function. The latency period (meaning the time it takes for the disease to develop) is often 10–20 years.
2. Mesothelioma - A cancer of the mesothelial lining of the lungs and the chest cavity, the peritoneum (abdominal cavity) or the pericardium (a sac surrounding the heart). Unlike lung cancer, mesothelioma has no association with smoking. The only established causal factor is exposure to asbestos or similar fibers. The latency period for mesothelioma may be 20–50 years. The prognosis for mesothelioma is grim, with most patients dying within 12 months of diagnosis.
3. Cancer - Cancer of the lung, gastrointestinal tract, kidney and larynx have been linked to asbestos. The latency period for cancer is often 15–30 years.
4. Diffuse pleural thickening

Considerable international controversy exists regarding the perceived rights and wrongs associated with litigation on compensation claims related to asbestos exposure and alleged subsequent medical consequences. Some measure of the vast range of views expressed in legal and political circles can perhaps be exemplified by the two quotes below, the first from Prof. Lester Brickman, an American legal ethicist writing in the Pepperdine Law Review, and second, Michael Wills, a British Member of Parliament, speaking in the House of Commons on July 13. 2006:

"A review of the scholarly literature indicates a substantial degree of indifference to the causes of this civil justice system failure. Many of the published articles on asbestos litigation focus on transactional costs and ways in which the flow of money from defendants to plaintiffs and their lawyers can be expeditiously and efficiently prioritized and routed. The failure to acknowledge, let alone analyze, the overriding reality of specious claiming and meritless claims demonstrates a disconnect between the scholarship and the reality of the litigation that is nearly as wide as the disconnect between rates of disease claiming and actual disease manifestation".

"Many of those who I see in my surgeries have worked in a number of workplaces and they could have been exposed to asbestos in each of them, but medical science is such that no one can identify which of them it is. As a result, there has been a long and complex history of legal discussion on how to apportion liability. The lawyers and the judiciary have wrestled, rightly and valiantly, with complex and difficult law, but it has created despair for the families whom we represent. Many of my constituents’ families have been riven by the consequences of litigation in trying to get some compensation for a disease that has been contracted through no fault of theirs. That is cruel and unacceptable."