Chrysotile Peritoneal Mesothelioma: Medical and Legal Basics
Peritoneal mesothelioma of chrysotile is a cancer of the peritoneum, the layer of protective tissue surrounding the abdominal cavity. Mesothelioma is usually caused by asbestos, whose fibers attach to the internal organs when inhaled or ingested. Where most asbestos fibers are straight flakes, the fibers of chrysotile asbestos have a spiral configuration that causes them to lodge in organs and cause long-term inflammation that eventually becomes cancerous.
Symptoms of peritoneal mesothelioma include vomiting, nausea, loss of appetite, leg clotting, anemia, fever, bowel obstruction and abdominal swelling - which is usually the first symptom observed. The swelling is caused by fluid accumulation in the abdominal cavity, which occurs at the same time as the formation of mesothelioma tumors in the same region. If the tumor cells metastasize, malignant peritoneal mesothelioma often spreads through the respiratory system into the abdomen, causing mesothelioma lung cancer and putting pressure on the throat, making it difficult to swallow.
The disease is difficult to diagnose at first, partly because of the symptoms that have so much in common with other gastrointestinal problems, but mainly because of the long latency period of the disease. It can take 20 to 50 years between the first exposure of the patient to asbestos and the appearance of the first symptoms.
Legal issue
Since the 1970s, litigation over mesothelioma has exploded, especially in the United States. This is due in large part to the fact that asbestos regulation has finally become a reality with the adoption of the Clean Air Act in 1970 and the first successful asbestos lawsuit against a company in asbestos. 1973: Borel c. Fibreboard Paper Products Corporation.
Meso claims are handled in three main ways. The first option is an individual trial, which often ends with an amicable settlement. The Wall Street Journal reported that, according to the lawyers interviewed, the average settlement for a mesothelioma was $ 1,000,000; and that if the case went to trial, the average judgment was $ 6,000,000. However, this average was difficult to confirm. A review of the regulations published online shows a range of amounts ranging from four digit to seven digit checks.
The second option is a class action, in which a lawsuit is filed for an entire group (class) of plaintiffs. Many or most class appointees are unaware of their involvement until they are notified by mail, in which case they may opt out of the lawsuit. The withdrawal may be in their interest because their indemnity is potentially much lower than for a claim made in the future. Since mesothelioma takes decades to fully manifest its effects, medical costs will likely be out of reach of the average patient without being able to sue the responsible company for reparation. Class Members who win a settlement or judgment today waive their right to sue the company in the future.
Finally, victims can receive compensation from a mesothelioma settlement trust. Since asbestos has been out of production since 1975, most of the companies responsible for exposing their employees to asbestos have filed for Chapter 11 bankruptcy. Companies sued and found liable prior to the bankruptcy filing generally established settlement trusts that pay a portion of the new receivables presented to them. The lawyer completes a claim form for the client and submits it to the trustee. Settlement Trusts generally pay between 5% and 15% of the amount claimed. One of the benefits of going through a trust is that it is a fairly simple process: there is no judge, defense lawyer or medical expert to deal with.