FAQs Archives – Page 2 of 3 – Goldenberg Heller & Antognoli, P.C.

What if I was exposed to asbestos decades ago?

Video: Joseph P. Whyte, Esq. of Goldenberg Heller & Antognoli, P.C., explains the legal process for asbestos claims even if a person was exposed decades ago. Continue reading →

Many of our clients are worried about the fact that they were exposed to asbestos thirty or forty years ago on the job and they wonder how they’re going to be able to remember what happened so long ago. Well, the fact is that we’ve represented people of just about every trade so if, for instance, you’re a pipefitter who worked in a particular location, chances are we’ve had a very similar case, if not almost exactly the same. We’ve also got a database of records of these companies going back almost thirty years for as long as we’ve been doing this litigation. So we will spend the time with you to make sure that you remember everything you possibly can.

What is a deposition?

Video: Joseph P. Whyte, Esq. of Goldenberg Heller & Antognoli, P.C. explains what a deposition is. Continue reading →

A deposition is an opportunity for the lawyers for the defendant asbestos companies to ask you questions in person that you answer under oath. It is a formal legal proceeding but we spend the time with you to get you ready for this process. Also, one thing you need to remember is that all you have to do is tell the truth as best you know it. They’ll use this to evaluate your case to determine how much it’s worth and which companies we can prove a case against.

Was Iexposed to asbestos while serving in the military

Video: Joseph P. Whyte, Esq. explains what happens when a person who was exposed to asbestos during service in the United State military wants to sue. Continue reading →

Many of our clients served our country in the United States military, particularly sailors on navy ships, and are understandably not anxious to sue the United States government. Well, we don’t sue the government. In fact, we can’t. We go after the companies that supplied the asbestos-containing materials to the navy.

Will I have to appear in court for my mesothelioma claim?

Video: Joseph P. Whyte, Esq. of Goldenberg Heller & Antognoli, P.C., answers the question, “Will I have to appear in court for my mesothelioma claim?” Continue reading →

A lot of our clients are understandably a little bit nervous about the prospect of appearing in court for a mesothelioma claim. I can tell you that most of these cases, probably 95 percent or more, settle out of court, but we will be ready to go to trial for you if the defendant asbestos companies don’t come up with an adequate settlement for you.

Washington State Ends Asbestos Clean Up By Prisoners

In 2013, a total of 65 Washington State residents died in job-related injuries or illnesses, according to the Washington State Department of Labor and Industries (L&I). Of these deaths, 15 were related to asbestos exposure. The Department, which protects more than 3.2 million workers by ensuring that all Washington State employer’s meet safety and health… Continue reading →

Although no Department of Corrections’ employees or inmates have been diagnosed with mesothelioma or other asbestos-related diseases, L&I believed that they were at risk of exposure thanks to a 23-year-old asbestos abatement program that sent inmate work crews to clean up asbestos at various facilities. One such facility was the Washington Corrections Center for Women-WCCW (Purdy Prison) in Gig Harbor, Washington. The program, which paid prisoners $4 an hour, sent a crew of workers to Purdy to remove 4,000 feet of old vinyl floor tiles and adhesive in the dining area of the prison’s kitchen building. The crew worked through two nine-hour shifts. Many did not adhere to certain safety rules and supervisors neglected to correct them.

In an article by Governing Magazine, Elaine Fischer–a spokesperson for L&I, stated that “[the WCCW] were allowing the workers to be exposed to asbestos.” Seven inmates from Cedar Creek Corrections Center in Littlerock may have inhaled dangerous asbestos dust during the asbestos abatement project at Purdy, says GM. The Department of Corrections, without admitting guilt, paid a fine of more than $70,000 to settle the state investigation into clean up practices. It also agreed to buy more equipment and do more training, which cut the original penalty of $141,000 in half.

The Department of Corrections had workplace violations in the past, according to L&I, including another case involving asbestos. Department of Corrections spokesperson Norah West says the Department had already been planning to shut the program down due to the risks of asbestos poisoning. After the 15th asbestos-removal project for the program for 2013, 18 days after the original fine, and 60 days before signing the settlement, the Department of Corrections shut down the asbestos abatement program.

According to the United States Department of Labor, Occupational Safety & Health Administration (OSHA), there is no “safe” level of asbestos exposure for any type of asbestos fiber. OSHA says:

“Asbestos exposures as short in duration as a few days have caused mesothelioma in humans. Every occupational exposure to asbestos can cause injury or disease; every occupational exposure to asbestos contributes to the risk of getting an asbestos related disease. Where there is exposure, employers are required to further protect workers by establishing regulated areas, controlling certain work practices and instituting engineering controls to reduce the airborne levels. The employer is required to ensure exposure is reduced by using administrative controls and provide for the wearing of personal protective equipment. Medical monitoring of workers is also required when legal limits and exposure times are exceeded.”

For more information about federal requirements for asbestos abatement and for the renovation and demolition of buildings that contain asbestos, visit the United States Environmental Protection Agency (EPA).

Sources
Governing Magazine
Governing.com
KXLY Broadcast Group, Spokane—Coeur d’Alene
KXLY.com
United States Environmental Protection Agency (EPA)
EPA.gov
Unites States Department of Labor, Occupational Safety & Health Administration (OSHA)
OSHA.gov
Washington State Correctional Industries, Washington Corrections Center for Women (WCCW)
Washingtonci.com
Washington State Department of Labor & Industries (L&I)
LNI.WA.gov
Photo by SGT141 [Public domain], via Wikimedia Commons

Infused Water Recipe

Every life-sustaining body process, cell, organ, and tissue needs water to function. In fact, water is so essential to life that it is the number one consumed beverage in the world. Water is important to the body because it: Transports nutrients and oxygen to body cells Carries waste products away Regulates body temperature Moistens body… Continue reading →

Transports nutrients and oxygen to body cells
Carries waste products away
Regulates body temperature
Moistens body tissues (eyes, nose, mouth)
Lubricates joints
Cushions organs and tissues

According to the American Dietetic Association (ADA), when the body lacks even a small amount of water, you’ll feel thirsty. With a little more loss, the body can lose strength and endurance, hindering the ability to perform simple physical tasks and fight disease. If the loss is greater say, a 20 percent loss in water weight, a person can barely survive.

For proper functioning, the body needs a constant supply of water. Recommended intakes are:

9 cups daily for women (minimum)
12 ½ cups for men (minimum)

More water should be consumed on hot days and before, during, and after exercise. Nine to 12 ½ cups may seem like a lot, but it’s not. Each cup is a mere 8 ounces. And because many beverages such as juice and non-caffeinated drinks count toward your daily water intake, you have an abundance of flavorful options to choose from.

One option that seems to be growing in popularity within the medical community is infused water. Not the mass-produced kind you’ll find on store shelves, but rather water that’s infused with fresh fruit, vegetables, and herbs–right before your eyes. And what a beautiful sight to see!

Besides providing mood-enhancing visuals, these colorful disease-fighters deliver vitamins and nutrients to the body. This is just one reason infused water is often recommended for cancer patients in undergoing chemotherapy and radiation. Infused water can also help cancer patients feel better by boosting energy levels and delivering fiber to the body, which can help prevent associated bowel issues such as constipation. It can also help minimize consumption of processed sugar, preservatives, and additives–all of the things that are counterproductive to treatment.

Infused water is also easy to make. Even better is–you can choose the herbs, fruit, and vegetables your taste commands on any given day.

So, here’s what you’ll need to start infusing:

Fresh fruit, vegetables, and/or herbs of your choice, quantity is up to you
Container (pitcher, mason jar, water bottle, any BPA-free plastic container)
Pure water (if you are undergoing chemotherapy, this will protect you from the chemicals and bacteria that can be found in some drinking water)

Next up:

Chop the fruit, vegetables, herbs
Add them to the pitcher/container
Press the ingredients lightly with a spoon (or other utensil) to release the flavors
Add water, let sit for a few minutes, drink

Need suggestions? The Dana-Farber Cancer Institute offers the following tasty combinations:

Blueberry, basil, lemon
Cucumber, watermelon, mint
Grapefruit, cucumber and rosemary
Lemon, ginger (helpful for nausea)
Pineapple, mango
Raspberry, lime (or lemon)
Strawberry, cantaloupe

Sources

Dana-Farber Cancer Institute
Dana-farber.org
American Dietetic Association Complete Food and Nutrition Guide
Roberta Larson Duyff, MS, RD, FADA, CHCS
Print, John Wiley & Sons, Hoboken, New Jersey
Photo credit: GlassDharma.com / Foter / CC BY

Unconventional Mesothelioma Treatments Offer Encouragement

Mesothelioma treatments have come a long way over the years, yet the disease still remains one of the most aggressive forms of cancer in the world. Oncologists, researchers, and scientists collectively agree that a disease this aggressive must also be handled aggressively. As such, these specialists advocate adopting a multi-modality approach to treatment to include newer therapies and innovative new technologies that offer mesothelioma patients the best chance of long-term survival. In fact, researchers at Universiteit Antwerpen in Belgium recently published an article in the European Respiratory Journal which stated, “Single modality therapy does not have a major impact on long-term survival.” While current research does not discount conventional forms of treatment such as standard chemotherapy drugs, radiation therapy, and surgery, the research team says newer therapies “are among those that are most likely to have a positive impact in the treatment of mesothelioma.” Some of the most promising newer therapies currently being explored include:

Gene Therapy
Hyperthermic Intrapleural Chemotherapy
Immunotherapy
Photodynamic Therapy (PDT)

According to the American Cancer Society (ACS) and the National Center for Biotechnology Information (NCBI):

Gene Therapy

Gene Therapy attempts to add new genes to cancer cells to make them easier to kill. One approach to gene therapy uses special viruses that have been modified in the lab. The virus is injected into the pleural space and infects the mesothelioma cells. Early studies have found that this approach may shrink or slow the growth of mesothelioma in some people.

Hyperthermic Intrapleural Chemotherapy

Hyperthermic Intrapleural Chemotherapy aims to make cancer cells at the pleural surface more sensitive to radiation and chemotherapy or to damage other cancer cells that radiation has been ineffective at harming.

Immunotherapy

Immunotherapy may help prompt the immune system to attack the cancer. In one approach, immune cells are removed from a patient’s blood and treated in the lab to get them to react to tumor cells. The immune cells are then given back to the patient as blood transfusions, where it is hoped they will cause the body’s immune system to attack the cancer.

Photodynamic Therapy (PDT)

Photodynamic Therapy (PDT) involves injecting a light-activated drug into a vein. The drug spreads throughout the body and tends to collect in cancer cells. A few days later (usually just after surgery for the mesothelioma), a special red light on the end of a tube is placed into the chest cavity. The light causes a chemical change that activates the drug and causes the cancer cells to die. Because the drug is only active in the areas exposed to the special light, this approach may cause fewer side effects than the use of drugs that spread throughout all tissues of the body. In addition to safety and effectiveness, these newer, experimental therapies are currently being tested in clinical trials for their effectiveness in reducing the likelihood of malignant mesothelioma tumors returning.

For in-progress, currently recruiting, and completed mesothelioma clinical trials, visit ClinicalTrials.gov — a service of the U.S. National Institutes of Health (NIH).

If you or someone you love has been diagnosed with mesothelioma, the attorney’s at Goldenberg Heller & Antognoli, P.C. can help. Contact us today to schedule a free, no-obligation case evaluation at 800-782-8492 (toll-free) or email us. We look forward to discussing your case.

Sources

100 Questions & Answers About Mesothelioma, Second Edition
Harvey I. Pass, MD, NYU School of Medicine and Clinical Cancer Center
American Cancer Society (ACS)
Cancer.org
Clinical Trials.gov–a service of the U.S. National Institutes of Health (NIH) ClinicalTrials.gov
Mesothelioma Community
MesotheliomaNet
U.S. National Library of Medicine (NLM), National Institutes of Health (NIH), PubMed (European Respiratory Journal article published/PubMed ahead of print) NCBI.nlm.nih.gov/pubmed

Estate Planning for Young Families

Young couples are constantly bombarded with a series of questions about getting married, buying a home, and having a baby. One incredibly important question missing from that progression is “Have you planned your estate?” Being a new mother and an attorney, it’s my favorite question to ask new families because I know estate planning is the furthest… Continue reading →

Being a new mother and an attorney, it’s my favorite question to ask new families because I know estate planning is the furthest thing from their minds. If you’re anything like me you’re probably slightly obsessed with finding new ways to wear your baby, making your own baby food, finding the best deals on Zulily and signing up for infant swim classes. Don’t forget to add in long work weeks, sleepless nights, countless hours of pumping, and diaper duty!

I find that most families neglect to discuss estate planning because they think they are too young and healthy, do not have an estate to plan, or simply cannot afford the expense. I completely understand. Now that your bundle of joy is here, who wants to think about death? Why do you need an estate plan when you have a house with a mortgage, school loan debt and life insurance with beneficiary designations? How can you afford it with the cost of raising a child nearing a quarter of a million dollars?

I have one simple answer: because accidents, illnesses, and disabilities happen. Estate planning for young families is more than just deciding what happens to your property and it does not have to be expensive. It’s imperative to discuss who will make sure your child is sheltered, clothed, fed and safe if something would happen to you and your spouse. Plus, you can start simple and update your documents as your family and estate planning needs change.

At a minimum, your estate plan should: (1) name a guardian for your children; (2) name a trustee to handle the financial affairs of minor children; (3) name an executor to handle the affairs of the estate; (4) provide instructions for distribution of assets; and (5) plan for disability. This can all be accomplished by a simple will with a testamentary trust and powers of attorney for health care and property.

Without an estate plan, a court will decide for you without knowing your wishes, children or family situation. Give your family some peace of mind, save yourself some “mommy guilt” and responsibly discuss the tough questions to create your estate plan today.

Should you have any questions or would like to discuss your estate plan, please contact Holly Marcum.

Automobile Accident? Information you must know

Car accidents always seem to happen at the worst time. They are usually a frightening and painful experience emotionally and physically. If an unfortunate event like this occurs, the details that you have to deal with after the accident can be difficult because it all happens so fast. There are a few basic things that… Continue reading →

The first is to notify authorities. That will usually be the police. If you experience any pain, seek medical attention as soon as possible.
It is also important to get insurance information and contact information from the other driver.
If you do go to a hospital or see a doctor, it is important to know who is paying the bills.

After representing people involved in car accidents, this is one of the main reasons I felt like I needed to share this information.

Most people think the other, at-fault driver’s insurance company, will automatically pay for their medical treatment. This is not true. Insurance companies usually put up a fight, and offer you a small amount of money that will not cover all of your possible medical bills. Even if they are responsive, they will usually not pay until your medical treatment concludes, which could be months. In the meantime, the medical providers are stuck with medical bills that are not paid and you are ultimately responsible. This means those bills could end up in collections.

To avoid this:

Make sure the hospital or doctor’s office bill your health insurance. If you have something called medical payment coverage as a part of your own car insurance, this may kick in as well, but you have to be proactive. Every time you visit your doctor or the hospital, make sure they have your health insurance information and they are actually billing your health insurance. If you don’t do this initially, your insurance company may then reject any payment on a bill that was not submitted to them in a timely manner, at the time of your treatment. The at-fault driver’s insurance company does not care about you and usually will not pay unless they are forced to at some point by your attorney.

No one wants to be in a car accident and it’s a serious inconvenience, if not a truly painful experience. However, by using the information above, you can make sure that you receive proper medical care and have a head start on getting your bills paid.

Time is of the Essence?

The Appellate Court gave new meaning to this venerable expression in its recent decision in Asset Recovery Contracting, LLC v. Walsh Construction Co. of Illinois, 2012 Ill. App. (1st) 101226. Timing was the heart of the matter because the plaintiff, a subcontractor, claimed damages resulting from construction delays. The subcontractor raised a superficially simple question:… Continue reading →

The Appellate Court gave new meaning to this venerable expression in its recent decision in Asset Recovery Contracting, LLC v. Walsh Construction Co. of Illinois, 2012 Ill. App. (1st) 101226. Timing was the heart of the matter because the plaintiff, a subcontractor, claimed damages resulting from construction delays. The subcontractor raised a superficially simple question: what was the date of the subcontract-the date printed on the first page of contract or the date the parties signed it? This issue became a focal point for the court’s analysis because the parties didn’t bother to sign the subcontract until nine months after the printed date on the contract and nearly a year after the job commenced.

The court held the printed date, as opposed to the actual date of execution, controlled. The decision rests on the parol evidence rule, which the court articulated as follows:

“[A]ll conversations and parol agreements between the parties prior to the written agreement are so merged therein that they cannot be given in evidence for the purpose of changing a contract or showing an intention or understanding different from that expressed in the written agreement.” Id. ¶58 (citations and internal quotes omitted; emphasis added).

Because the subcontract recited a date, the court refused to consider evidence that the parties actually signed it several months later or any other “extrinsic” evidence to determine the effective date of the contract. The excluded evidence comprised, among other things, several months of negotiations and schedule changes transpiring between printed date in the subcontract and the actual date it was signed. According to the court, the parol evidence rule precludes resort to any of this evidence to contradict the date printed in the subcontract.

The court’s analysis is paradoxical in two respects. The first (ironically enough) involves timing. The parol evidence rule precludes evidence of prior or contemporaneous understandings or negotiations-as opposed to proof of facts that occur after the parties’ written contract. Nevertheless, the court barred evidence of negotiations and schedule changes occurring after the date printed in the subcontract. Evidently, the court treated the date of actual execution as the operative date to cut-off parol evidence, even though the parties didn’t sign for several months after the date printed on the subcontract. If the subcontract became effective before it was signed, why should evidence of negotiations or events occurring after the effective date be excluded? Shouldn’t such evidence be received to show a modification of the contract after the effective date?

The second paradox involves the purpose for which extrinsic evidence may be offered. The parol evidence rule does not bar extrinsic evidence offered to resolve ambiguity. Didn’t the ongoing negotiations before the parties signed the subcontract create ambiguity as to whether they truly wanted it to be effective on the earlier, printed date? According to the court, this is merely an “external ambiguity.” Unless the ambiguity appears within the four corners of the contract (i.e., an ambiguity apparent from express contract terms), extrinsic evidence cannot be used to resolve it.

Despite the court’s focus on the contract date, the outcome turned on a different point, i.e., an exculpation clause in the subcontract. The court found that the subcontractor validly waived its claim for delay damages. Nevertheless, the decision teaches two important practical lessons about timing: (1) don’t begin performing a contract until you have an agreement; and (2) pay attention to detail, even if it is as mundane as the contract date. If time really is “of the essence” and the date of execution differs from the intended effective date, make things clear by stating “this contract is effective as of” the intended date.