Marion Asbestos Legal Question: Answers and Advice

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Marion Asbestos Legal Question

What type of cancer was Marion diagnosed with?

Marion began her cancer journey one morning in 2016 when she awoke with severe shoulder pain. A visit to her physician yielded an MRI and blood test, both revealing she had an aggressive lesion in her right shoulder that necessitated surgery.

The lesion was ultimately identified as non-Hodgkin lymphoma, a form of blood cancer. With chemotherapy and radiation therapy treatments not enough to curb her illness, doctors decided that stem cell transplant would have been her best chance. Unfortunately due to age and other medical factors she wasn’t eligible for the procedure.

Since her treatment concluded in 2016, her health has steadily improved. Now with an optimistic prognosis for multiple myeloma and time available to spend with her grandchildren.

Mesothelioma, a rare and deadly form of cancer, is caused by inhaling asbestos fibers into one’s lungs. Asbestos irritates lung lining cells and leads to cancer cell formation – often decades later. Annual testing should be taken with regard to firefighters exposed to asbestos since this may put them at risk of the condition.

How did Marion get exposed to asbestos?

Asbestos exposure can cause serious medical consequences, including mesothelioma. Mesothelioma occurs when asbestos fibers enter the membrane that protects internal organs of the body resulting in inflammation and scarring of tissue that ultimately manifests as disease decades after initial exposure.

Ammons and Cooper were accused of knowing the Marion Fire Department building contained asbestos and permitting their staff, firefighters, volunteers, and others to become exposed. Both individuals were indicted on multiple counts of misconduct in office, violating the pollution control act, and conspiring against it; both appeared at their arraignments Friday morning before receiving bond.

Robert provided evidence demonstrating the defendants deviated from the standard of care for attorneys prosecuting an asbestos lawsuit in 1990, such as contract specifications for Muscatine city hall’s construction calling for specific asbestos products by brand name (ideal sectional steam boilers covered with ideal plastic asbestos cement being one such product made by Phillip Carey Company which later evolved into Celotex and Rapid American Corporation).

Legal exposure to asbestos has been associated with numerous medical complications, including lung cancer, asbestosis and pleural effusions. If you or a loved one has experienced any of its adverse side effects due to asbestos exposure, please reach out to our firm so we can discuss filing an asbestos lawsuit on their behalf.

How did Marion get diagnosed with mesothelioma?

Asbestos when cut or sawed releases hazardous fibers and dust into the air. Anyone breathing this inhalable material risks developing mesothelioma and other asbestos-related conditions.

Marion was diagnosed with Pleural Mesothelioma, an asbestos-related lung cancer which affects the lining of her lungs. It’s considered a long-term exposure disease with symptoms often appearing 20-30 years post exposure. Marion was exposed to asbestos while working as a maintenance man at Muscatine City Hall.

Robert presented testimony from experts who stated builders would have followed contract specifications that called for specific asbestos products by brand name when building Muscatine City Hall, such as Ideal sectional steam boiler and Ideal plastic asbestos cement. Robert also presented testimony from city engineers who stated the asbestos pipe covering had been installed according to its contract specifications.

Additionally, he presented expert witness Bennett J. Wasserman from New Jersey who specialized in asbestos lawsuits as an expert witness. Wasserman testified that defendants deviated from the standard of care when they failed to trace asbestos back to its original manufacturers – such as Phillip Carey which preceded Celotex and Rapid American Company companies.

What is the statute of repose?

The statute of repose is a legal timeframe within which someone can file suit for injuries sustained from construction projects. To qualify as a plaintiff under this provision, their injury must have been diagnosed within the timeframe set by this statute of repose.

Asbestos victims across Indiana and across the country celebrated a recent Supreme Court of Indiana ruling which overturned this exception clause and ensures their rights will be upheld in perpetuity.

The court determined that the statute of repose, as passed, violated the Equal Privileges and Immunities Clause of the Constitution. The majority based their conclusion on how persons who contracted diseases due to exposure to raw asbestos received “substantial privileges and immunities that do not extend in any reasonable fashion to similarly situated people with diseases caused by manufactured asbestos-containing products.

Asbestos victims in Marion and throughout Illinois now have access to the full extent of their damages regardless of when the project was completed, marking an important step forward against negligent manufacturers and distributors of asbestos-containing products.

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