Tuesday, October 11, 2011

Georgia Mesothelioma Lawsuits Expected to Increase

Researchers expect the number of Georgia mesothelioma lawsuits to rise over the next several decades. Construction debris left by hurricanes is one of the reasons why. The debris is a source of exposure to asbestos.

It can take as long as 50 years before serious asbestos-related illnesses appear. Those illnesses include cancer of the mesothelium and asbestosis. Doctors refer to this long period of time as the latency period. The typical latency period is between 20 and 50 years.


Asbestos fibers are very small and incredibly lightweight. The fibers can become airborne when an insulation board is swept, fire resistant tiles are broken or a building collapses.


Once airborne, the fibers can remain in the air for as long as eight hours. This means that people not involved in an at-risk occupation could be exposed.


The fibers can be inhaled or enter the digestive system when a person consumes contaminated food or touches their mouth after handling something with which the fibers have been treated.


For unknown reasons, the body cannot expel the fibers naturally. They bore their way into delicate tissues and membranes causing inflammation.


Asbestosis is chronic inflammation of the tissues within the lungs caused by inhalation of the fibers. The condition eventually causes respiratory failure.

The Georgia mesothelioma lawsuits concern cancer of the mesothelioma. The only known cause of this rare type of cancer is asbestos exposure. In 1999, the state had 30 mesothelioma-related deaths. Approximately 3000 people per year die from the disease according to 2006 figures.

The figure may actually be higher according to researchers, because the disease is hard to distinguish from other types of lung cancer. Doctors often make the diagnosis based on a person?s history of exposure to asbestos.


The challenge faced by plaintiffs bringing new Georgia mesothelioma lawsuits has to do with what company to sue. Nearly all of the asbestos manufacturers have filed for bankruptcy protection.


For example, Johns-Manville Corporation which owns a plant in Macon filed for Chapter 11 protection in 1983 and again in 1986. The company said they sought ?to put asbestos health claimants on equal footing with all creditors and to provide a fair, systematic way of handling health claims?.


Bankruptcy trusts were created for new plaintiffs, but the amount set aside was far less than what a victim should be entitled to. As a result, some recent suits have named building owners, machinery manufacturers, retailers of asbestos-containing products and even the banks that financed new construction.

One such case is currently on the docket of the Supreme Court of California. How the court rules in that case will have an effect on how future Georgia mesothelioma lawsuits are settled.

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