COMPENSATION FOR LUNG CANCER
(by Howard A. Gutman, author of the upcoming book, A Complete Guide to Lung Cancer
WHY LUNG CANCER VICTIMS ARE ENTITLED TO COMPENSATION
Exposure to dangerous dusts in the workplace is the second leading cause of lung cancer. Approximately 25% of lung cancer victims will be entitled to compensation based upon their workplace exposures, but relatively few will actually file claims. Because the cellular changes that we call lung cancer occurs slowly, sometimes over as long as 20-25 years, many people are unaware of their right to compensation. At no cost, our office will review your work history and the types of work you performed during the last 30 years, and what types of dusts you encountered.
WHAT TYPES OF LEGAL CLAIMS MAY BE BROUGHT
There are two basic claims, a worker's compensation claim which is covered by worker's compensation insurance your employer carried, and a claim against the manufacturer of any dangerous dusts or chemicals to which you were exposed. Our office has accepted many cases for victims of lung cancer. We would be interested in any exposure to asbestos or silica at any time during your employment.
THE LEGAL BASIS FOR THE CLAIM: ASBESTOS OR SILICA EXPOSURE
There are two two basic claims, negligence and products liability. Negligence is the failure to use that care which a prudent person would have used in similar circumstances. In asbestos claims, the plaintiff argues that there was ample evidence of the dangers of asbestos which was disregarded by the manufacturer or distributor of the product. The manufacturer should have placed appropriate warnings, suggested regular pulmonary examinations, encapsulated the asbestos so it would not become airborne, reduced the concentration of asbestos, or utilized available substitutes.
A product liability claim suggests that the product was unsafe and that the manufacturer is therefore responsible for any resultant injuries. Silicosis was known as a serious disease from the early 30's, and manufacturers failed to provide warnings, recommend wet methods to reduce dust, use inorganic silica instead of more toxic crystalline silica, and recommend bi-yearly medical testing. As a New Jersey attorney concentrating in asbestos and silica lung cancer claims, we have secured compensation for victims who were exposed to these carcinogens during their employment.
WHAT TYPES OF DISEASES ARE COVERED
We represent clients with any of the following:
What is Mesothelioma
Mesothelioma is a cancer of the lining of the lungs, (pleural mesothelioma), or abdominal peritoneum, (peritoneal mesothelioma). Mesolthelial cancer of the lining of the lungs or abdomen is different from a lung cancer. A typical lung cancer grows as a single nodule or mass which ranges in size from a tenth of a centimeter to that of a softball. Because the typical lung cancer grows as a solitary defined nodule or mass, at early stages it can be cut out and followed up with radiation or chemotherapy which removes and kills the cancer cells. Mesothelioma affects the lining of the area so treatment is different, and you should consult a skilled physician regarding same.
What is the Association between Asbestos and Mesothelioma
Scientists believe at least 80 to 90% of mesotheliomas are related to asbestos exposure. The cancer appears to be slow-moving, and have been traced to exposure 20, 30, and even 40 years before. The precise way asbestos causes mesothelioma is not known and asbestos-related mesothelioma appears to differ in some ways from asbestos-related lung cancer. While there is a clear association between smoking and asbestos exposure for lung cancer, with the two carcinogens acting together or synergistically, a clear relationship between smoking and mesothelioma has not been established. While there are a number of carcinogens which can cause lung cancer, only asbestos has been identified with mesothelioma making the primary legal task establishing the names of the different products with which the plaintiff worked. A detailed list of medical information about mesothelioma is at the end of this website.
What Types of Occupations are covered:
These occupations may have had significant exposure to asbestos and other dusts:
The two primary diseases associated with silica exposure are silicosis and lung cancer. In approximately 1986, the International Agency for Research on Cancer, categorized silica as a probable cause of lung cancer.
Silicosis is pulmonary fibrosis or scarring. The body responds to foreign particles in the lung by encircling them, and creating collagen. A scar develops with a silica particle at its center. This scarring in the lungs in asbestosis and silicosis has been associated with lung cancer and cell proliferation may follow silicosis and asbestosis
Typical Silica Exposures
WHAT TYPE OF INFORMATION IS AVAILABLE ABOUT LUNG CANCER
Patients need to be knowledgeable, since a doctor's time is limited, you want to spend it asking questions about your own or a family members particular condition. To learn about the disease, do the following:
1. Get a good general consumer text about medicine, such as Mayo Clinic medical guide. Read an encyclopedia section on lung cancer.
2. Once you have a basic understanding, go to a medical school and get a specialized text on cancer such as Devita, Cancer Principles and Practice of Oncology. Merck's Manual and Harrison,'s Internal Medicine are also helpful. A specialized text on Lung Cancer is Carney, Lung Cancer.
3. Obtain your relevant medical records, including pathology to acquire a basic understanding of what they say.
4. Then go to Medline, www.healthgate.com, and get information about recent developments.
5. Go to an internet user group and post a question or make a comment regarding the specifics of your situation.
Would I Be Required to Pay Any Monies to Bring My Claim
No, our office handles these cases on a contingency basis, meaning the legal fees and expenses are deducted at the time the case is settled.
Failure to diagnose lung cancer usually involve three scenarios
Howard Gutman is a New Jersey attorney based in Parsippany, New Jersey who has handled numerous asbestos and silica claims. Initial consultations are free and he will come to the homes of any who are ill or have transportation difficulties.
He is an honors graduate of Drew University, and graduate of the University of Michigan Law School, where he served as one of the editors of the School's Journal of Law Reform. The University of Michigan has been ranked as one of the top five law schools in the country.
Mr. Gutman clerked at a Wall Street law firm, and was employed by a large New Jersey firm before establishing his own legal practice. His cases have include lung cancer, mesothelioma, silicosis, asbestos, and sarcoidosis.
Mr. Gutman recently filed a case against brake manufacturers on behalf of a mechanic with lung cancer, and the case was featured in the New Jersey Star Ledger. Ledger and the Bureau of National Affairs, a Washington based legal journal. He has also appeared on Good Day New York and been interviewed by NBC Nightly News.
LungCancerClaims.com contains over
14 sites and 200
pages of detailed information about the medical and legal aspects of
lung tumors, including excerpts from Howard Gutman's new book, A Complete Guide to
Lung Cancer, and recent developments in the Lung
Cancer Newsletter Pages
EXCERPTS FROM A COMPLETE GUIDE TO LUNG CANCER S