When an individual is exposed to asbestos, he or she may be at an increased risk of developing a rare cancer known as mesothelioma. Affecting the thin membrane surrounding the lungs, the heart or the abdominal cavity, over 3,000 mesothelioma cases are diagnosed annually in the U.S. In many of these instances, patients were exposed to asbestos in the workplace, and many are currently seeking compensation for the pain and suffering and medical expenses that they incurred as the result of the condition.
If you or a loved one have questions about mesothelioma, asbestos or if you feel that you have a valid claim, contact Mississippi asbestos lawyers affiliated with Attorney Group for Mississippi today to learn more about your legal rights.
Union Carbide Asbestos Lawsuit Proceeding as Scheduled
According to court documents, Union Carbide Corporation must file a motion requesting the Mississippi Supreme Court to investigate an unfavorable ruling in a pending Union Carbide asbestos lawsuit by January 27, 2014. On December 12, 2013, the Supreme Court overruled a judge who, in January 2010, dismissed a $3.85 million settlement for the surviving family of a man who allegedly passed of lung cancer in 2002, after the family had initially been awarded the settlement in May 2009. According to the widow, her husband had been exposed to asbestos-filled drilling additives that were manufactured by Union Carbide.
However, the Supreme Court said that the judge’s ruling was not correct, and the case was sent back to court. The manufacturer had recently stated that it wishes to file briefs in reply to the most recent decision. The Union Carbide asbestos lawsuit, filed in March 2006, alleges that the man worked on drilling rigs between the 1960s and the 1990s when it was common to use asbestos-filled drilling additives. The man, a heavy smoker, was diagnosed in August 2002 with lung cancer, and he passed away in November 2002.
In many asbestos claims, including the Union Carbide asbestos lawsuit currently being handled by Mississippi asbestos lawyers, there is a “frequency, regularity and proximity” test that is used to determine whether a plaintiff has a valid case. However, a judge asserted that this test falls away when the proceeding is at the jury-consideration stage, and the plaintiff or surviving family must instead prove that the product was defectively designed by way or a product liability claim.
Mississippi asbestos lawyers for the defendant in the Union Carbide asbestos lawsuit proceeding assert that the test was not presented in its appeal and that the parties had not had the opportunity to review the latest information before the court. The manufacturer also stated that the decision may affect other cases pending in Mississippi besides the Union Carbide asbestos lawsuit proceeding currently pending.
Asbestos May Cause Cancer
Although asbestos is rarely used in this day and age, it may still take between two and five decades before symptoms of mesothelioma cancer become apparent. While the prognosis is poor for someone with this condition and there is no cure, advances in technology, treatment options and therapies may assist a patient in resuming his or her life to the fullest extent possible.
However, regardless of the patient’s current condition, those injured may consider working with Mississippi asbestos lawyers to seek compensation for their injuries. The blame for the cancer may not be the fault of the worker; rather, the employer or manufacturer of the asbestos-filled product may be responsible. Some Mississippi asbestos lawyers may claim that, while employees must fully be aware of the working conditions and make their own choices as to whether the environment is right for them, employers still have a legal responsibility to ensure that the environment is safe, to the best of their knowledge, and that their employees are aware of the risks or dangers.
Contact Mississippi Asbestos Lawyers Today for More Information
If you or a loved one have developed mesothelioma following asbestos exposure or if you have questions about the pending Union Carbide asbestos lawsuit, the Mississippi asbestos lawyers affiliated with Attorney Group for Mississippi can assist you today. We are offering no-obligation consultations, free of charge, to those who feel that they have a valid claim. Depending on the circumstances surrounding your situation, you may be entitled to recover damages for your condition.