What is “Loss of Consortium” and Do I Have a Claim?

When a loved one is diagnosed with mesothelioma or lung cancer, you and your family members may have a lot of questions. How did they get this disease? What treatments are available? Will I need to take time off work to help care for them? Another question that may come up is: Can we get financial compensation for their injuries? 

If, after speaking with an experienced mesothelioma attorney, the answer is yes, you might also consider seeking compensation for the suffering you and any dependent family members will potentially have to go through. While the pursuit of financial compensation for mesothelioma and lung cancer victims is certainly the primary injury claim, there is an often overlooked aspect of these lawsuits: the impact on the injured’s family. This is called a loss of consortium claim. 

What is Loss of Consortium?

A devastating medical diagnosis impacts not just the individual diagnosed but the whole family. In close marital relationships, the spouse bears the burden of illness alongside their husband or wife, both during the course of the disease and, even more acutely, following the death of their loved one. 

Loss of consortium refers to the loss of marital benefits that a spouse enjoys throughout marriage and includes not just financial considerations, but all aspects of the person’s personal life: love, companionship, comfort and care, emotional and moral support, sexual relations, social activities, as well as daily tasks, chores and errands. In Massachusetts, the victim’s minor children or disabled adult children, also have a right to a loss of consortium claim. 

In essence, loss of consortium is a claim that seeks compensation for the loss of the richness and fullness of a relationship, whether marital or parent-child and encompasses many things including:

  • Loss of Emotional Connection: When a mesothelioma or lung cancer victim can no longer provide the love and emotional support they once did, family members understandably experience sadness and loneliness at the loss of a meaningful emotional connection. Whether it’s the unconditional love of a spouse or the unfailing moral support and guidance of a parent, the emotional toll of that loss is devastating.
  • Loss of a Life Partner: Marriage is a partnership. You are partners in child-rearing, caring for your home and garden, cooking, cleaning, laundry, planning medical appointments and much more. When one partner becomes too weak to help, the other must shoulder added responsibilities and duties, which can lead to stress and exhaustion. 
  • Loss of Parental Support and Guidance: In Massachusetts, loss of consortium includes the loss of a parent. Parents play an important role in shaping their children’s futures and are often instrumental in providing guidance in education, careers or personal and family life. As a key influence in a child’s life, the loss of a parent can have a significant negative impact on that child’s future.  
  • Loss of Income: If the injured spouse is unable to work, and/or if you need to give up your job to act as a caregiver, this can put a significant strain on a family’s finances, especially as medical bills start piling up. 
  • Loss of Social Connection: As your spouse gets weaker, he or she may be unable to participate in social events. You may be hesitant to engage in social activities alone, which could lead to social isolation and an increased risk of depression. 

What Does a Loss of Consortium Claim Mean for Your Family?

A loss of consortium claim recognizes that it is because of someone else’s negligence (that is, the companies that knowingly put workers in danger from asbestos) that you are now put in a position to cope with your loved one’s illness, shoulder the burden of maintaining a household, and face a life without a spouse or parent. Companies that knowingly exposed their employees to harmful substances such as asbestos should be held accountable for their actions, not only against the victims themselves, but also the family members who suffer alongside them.

Financial compensation for loss of consortium can help families get through the trying times during the course of the illness, particularly if you’ve had to leave your job to care for your spouse. In addition to household and family responsibilities, you might also need to hire extra help around the house or yard, rearrange living spaces to accommodate medical equipment, or order special meal services to support the patient’s treatment and recovery. 

A loss of consortium claim entitles you to recover damages for the entire length of time the injury caused the loss. 

How Can I File a Loss of Consortium Claim?

Each marriage and family is unique; therefore, each loss of consortium case is unique. The foundation of a strong loss of consortium claim is proof of a strong marriage and family bond in which family members enjoy interconnected and mutually supportive lives. An experienced mesothelioma lawyer can help advise what claims are best to pursue based on your specific circumstances.

If you or a family member have been diagnosed with mesothelioma, regardless of whether through direct or secondary exposure to asbestos, you may have a claim. Unfortunately, in addition to direct jobsite exposure, we have seen instances of mesothelioma in wives who routinely did their husband’s asbestos-covered laundry, or in children who hugged dad every day as he came home from work in clothes embedded with asbestos fibers. Call us today to determine your next steps, and we’ll help you navigate the process. At Shepard O’Donnell, we have helped hundreds of individuals and their families get justice for their injuries, regularly obtaining settlements and verdicts in the millions. We are happy to offer you a free case evaluation and will tell you honestly if we think you have a viable claim, including a claim for loss of consortium.


5 Nutritional Tips to Help Chemotherapy Patients Stay on Track

Written by: Shepard Law Firm Staff

For many individuals who have been diagnosed with lung cancer or mesothelioma, an important consideration for treatment options includes a discussion of the potential side-effects of each treatment.

Those who choose to undergo chemotherapy treatment for lung cancer or mesothelioma often experience side effects including loss of appetite, nausea, trouble swallowing and other side effects that make eating and holding down food difficult or uncomfortable. In some cases, patients who are undergoing chemotherapy have even reported that their sense of taste has changed, and certain foods seem to take on a metallic taste.

Cancer patients undergoing chemotherapy and other treatments are often told to try to eat “even if you’re not hungry” that can be understandably difficult to do. Although eating may not be pleasant, it is important for anyone who is fighting cancer to maintain a balanced diet.

  • Keep a food diary: A food diary will be very helpful in maintaining a balanced diet. Keep track of what you eat, and when. Take notes on what foods are the easiest to eat and what foods are no longer appealing to you. Having this information in writing will be also be very helpful to share with your doctor.
  • Stock up on healthy foods that require little or no preparation: While undergoing cancer treatment, finding time to prepare meals may be difficult. Having easy to prepare foods such as frozen vegetables, you will be able to maintain a healthy diet even when finding the time to prepare meals may be difficult.
  • Try to eat at the same times every day: A side effect of many cancer treatments is a loss of appetite. Waiting until you are hungry to eat may leave you with insufficient nutrients to maintain your energy and strength. By setting a schedule and eating at the same times each day, you will receive proper nutrition even on days when you may not be hungry.
    Ask to meet with a Nutritionist: Many leading hospitals have nutritionists on staff to consult with patients undergoing cancer treatments. If the hospital you are treating at does not have a nutritionist on staff, your doctor can likely refer you to one. Reviewing your food diary and discussing your diet with a nutritionist will ensure that you are eating the right foods to maintain your strength and energy during your cancer treatments.
  • Eat foods that pack the biggest nutritional punch: Learning which foods provide the greatest levels of necessary nutrients can allow you to maintain a balanced diet without eating large amounts of food. Avocados, nuts, and seeds often provide a great deal of protein and other essential vitamins and nutrients in relatively small servings. A nutritionist can provide you further information as to the nutritional value of different foods.

Cancer patients undergoing chemotherapy often have difficultly eating and swallowing solid food. If you find yourself in this position, you may want to use a smoothie machine or blender to create nutritious drinks and smoothies. Try to incorporate a variety of ingredients into your smoothies, including frozen fruits and vegetables. Green leafy vegetables such as kale and spinach provide iron and other essential vitamins and minerals, and make for an excellent smoothie base. Buying fresh and then freezing them will keep your vegetables from spoiling. Add frozen berries or pineapple to add sweetness to the smoothie and get your Vitamin C. For a protein boost, try adding peanut butter, avocado or Greek yogurt to your smoothie. Throw in a banana to add potassium and texture to the smoothie. Mix and match ingredients until you find the combination that tastes the best.

The following links have further information on the topics of nutrition and diet for individuals undergoing cancer treatments:

http://www.cancer.org/treatment/survivorshipduringandaftertreatment/nutritionforpeoplewithcancer/index?sitearea=M

http://www.webmd.com/cancer/features/eating-treatment

http://www.cancer.gov/publications/patient-education/eatinghints.pdf

http://www.mayoclinic.org/diseases-conditions/cancer/in-depth/cancer/art-20047536

If you or a loved one is an undergoing treatment for lung cancer or mesothelioma and would like to learn more about your rights please call us for free, confidential consultation (617) 451-9191.