5 Common Myths About Asbestos and Your Health
Lung cancer is the second most common cancer in both men and women in the United States and happens when cells in the lung mutate or change. Most often, this change occurs as a result of people breathing dangerous, toxic substances, including asbestos. Many people don’t consider that their lung cancer could be due to asbestos exposure and might be a rare form of cancer called mesothelioma. Even 30 years after peak asbestos use in the United States, around 3,000 people are diagnosed with mesothelioma every year.
Since the only confirmed cause of mesothelioma in the U.S. is exposure to asbestos, we urge you to think about possible past exposure, even if you believe you have never been in contact with asbestos.
Learn more about the symptoms and diagnosis of mesothelioma and speak to your doctor if there is even a small chance your lung cancer might be due to asbestos. If your disease is, in fact, mesothelioma, you could have a viable legal claim: mesothelioma patients are still benefiting from life-changing verdicts and settlements in mesothelioma lawsuits in Massachusetts today.
Myth # 1: I Was Never Exposed To Asbestos, So I Can’t Have Mesothelioma
The fact is, no one can categorically say they have never been exposed to asbestos. Surprisingly, asbestos is still not federally banned in the United States even after the link between asbestos fibers and life-threatening respiratory ailments, including mesothelioma, lung cancer, and asbestosis became broadly known. By the 1970s, the hazardous effects of asbestos exposure were well documented and yet some companies continued to use asbestos-containing products and failed to protect their workers from exposure.
More than 3,000 known products contained asbestos, most of which didn’t explicitly state that they contained asbestos. From household items to furnishings to cosmetics, asbestos often lies hidden where you’d least expect it. But asbestos is most commonly found in a wide range of building materials, friction products, heat-resistant fabrics, valve packing, gaskets, and coatings, and people who regularly worked with these and other manufactured products, especially prior to the 1970s, are at elevated risk of having been exposed to asbestos. Read more about common jobs associated with asbestos exposure and why veterans, especially navy veterans, are at higher risk. With so many companies continuing the use of asbestos even after it was deemed unsafe, we urge you to remain vigilant about your lung health. If you suspect you may have been exposed to asbestos in the past, please inform your doctor immediately so they can monitor for symptoms.
Myth #2: I Worked Around Asbestos Years Ago, But It Didn’t Affect Me
Unlike a case of poison ivy, where you break out in a tell-tale rash as soon as you’ve been exposed, asbestos exposure does not produce an immediate reaction. Mesothelioma has a long latency period and typically takes 20-50 years from initial exposure to develop. Sadly, it is often just as workers are set to enjoy their retirement years that they are diagnosed. Since many of the symptoms are similar to other less dangerous illnesses, such as pneumonia, flu, or intestinal issues, it often goes undiagnosed until it has reached the later stages of the disease.
If you or someone you know has experienced any of the symptoms of mesothelioma, we encourage you to seek medical attention right away. It is critical to let your doctor know as early as possible that you may have been exposed to asbestos during your working years. Even if you aren’t currently experiencing any symptoms, ask your doctor to set up regular monitoring.
Myth #3: Only People Directly Exposed to Asbestos Are At Risk
While those exposed directly to airborne asbestos fibers are at the highest risk for developing mesothelioma, family members can also be at risk via secondary exposure to fibers brought home on the clothing of the primary individual. 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. Asbestos fibers can also linger in the home for years and, once disturbed, pose a dangerous health hazard. While this is indeed rare, it is possible. 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 legal claim.
Myth #4: I Have Lung Cancer But It’s Probably Because I Smoke(d)
As a smoker, you may believe that your lung cancer is the result of your smoking history. If, however, you suspect that you may have been exposed to asbestos at some point in your life, you need to consider the possibility that asbestos played a part in causing your cancer. According to the American Cancer Society, lung cancer risk is much greater in workers exposed to asbestos who also smoke.
Lung cancer or Mesothelioma can be difficult to diagnose because it often presents with symptoms that are similar to benign illnesses such as pneumonia, flu, or intestinal issues. Your doctor will likely use a variety of diagnostic tools, including a physical exam, blood and tissue tests, x-rays and other imaging scans, and biopsies to determine whether or not cancer is present, and if so what kind of tumor. If cancer is diagnosed, these tests also help determine how far it has progressed and whether it has spread to other parts of the body. If you have been diagnosed with lung cancer or mesothelioma you may be entitled to financial compensation from asbestos manufacturers, even if you smoke(d).
Myth #5: Asbestos is Banned Now So I Don’t Have To Worry About Getting Sick
Asbestos is not federally banned in the United States, despite incontrovertible evidence that airborne asbestos fibers cause lung disease, lung cancers, and mesothelioma. While no longer as prevalent as it once was, examples of asbestos-containing products continue to come to light even today, including talc commonly used in cosmetics and other personal care products. In 2015, Disney- and Nickelodeon-branded crayons were found to contain traces of asbestos, as were eye shadows and powders sold by Claire’s and Justice stores as recently as 2020.
Many homes, schools and other buildings built before the 1970s have materials such as pipe covering, insulation, popcorn ceilings, and floor tiles that contain asbestos. But just because you live or work in a building built before the 1970s doesn’t necessarily mean you’re at risk. If the asbestos is contained, you are at a relatively low risk of inhaling airborne fibers. If, however, older materials containing asbestos are damaged or disturbed, for example during renovations or demolition, asbestos fibers can be released into the air and pose a dangerous health risk.
If you suspect that there might be asbestos in your home, we encourage you to have a professional evaluate your risk of exposure. Always have asbestos products inspected and repaired or removed by trained and accredited asbestos professionals.
Don’t Miss Out On The Financial Compensation You Deserve
If you think you might have a mesothelioma legal case in Massachusetts, we invite you to reach out to Shepard O’Donnell. We take the time to explain the process from beginning to end, setting realistic expectations and timelines. If you are unable to come to our offices due to health or other reasons, we will come to you to listen to your story and tell you honestly if we think you have a viable claim. We have helped hundreds of individuals and families obtain justice for their injuries, regularly obtaining settlements and verdicts in the millions. And you will never pay unless we deliver results for you.
“Bankruptcy bar foresees aftershocks to Supreme Court ‘Purdue’ decision” – Michael Shepard Quoted in Article
Michael Shepard’s insights were featured in Massachusetts Lawyers Weekly’s article, “Bankruptcy bar foresees aftershocks to Supreme Court ‘Purdue’ decision”
But Boston attorney Michael C. Shepard, who is currently representing clients on the Asbestos Claimants Committee for the Bestwall, DMBP and Aldrich/Murray Texas Two-Step bankruptcies pending in North Carolina, is not so sure of the need to disrupt the “economic Darwinism” at play, where serious mistakes pose an existential threat to companies.
“That’s how it works, and that’s how it’s always worked,” he said. “Why do we want to have a system that essentially becomes corporate welfare that allows companies that have either behaved poorly or done business poorly to go in and get a do-over to try it again?”
“Retired Massachusetts pediatrician pleads not guilty to abusing young patients” – Erika O'Donnell Quoted in Article
Erika O’Donnell’s insights were featured in AP News’ article, “Retired Massachusetts pediatrician pleads not guilty to abusing young patients”
“The allegations against Dr. Kauff are truly disturbing,” Erika O’Donnell, a partner with the law firm Shepard O’Donnell who is representing nine accusers, said in a statement.
“Not only did he victimize children, but he did so right in front of their parents — using his position as a trusted physician to deceive victims and their parents,” she continued. “At their most vulnerable, he broke their trust and his victims and their families are paying the price.”
“Wall Street Is Investing In Your Asbestos Poisoning” – Michael Shepard Quoted in Article
Michael Shepard’s insights were featured in the The Lever’s article, “Wall Street Is Investing In Your Asbestos Poisoning”
Down the road, private equity firms may also try to use legal maneuvers like the “Texas two-step” to avoid paying claims — leaving future asbestos victims without any immediate recourse for their medical expenses.
“The companies that exposed people to asbestos are finding ways to evade having to pay for the harms that they have caused down the road,” said Shepard. “Victims moving forward may not have any recourse to pursue for their injuries because of what is taking place now.”
“Attorney: Phrase in Supreme Court opinion suggests end near for ‘Texas two-step’” – Michael Shepard Quoted in Article
Michael Shepard’s insights were featured in the Massachusetts Lawyers Weekly article, “Attorney: Phrase in Supreme Court opinion suggests end near for ‘Texas two-step’.”
“If you can’t protect the ‘good’ company — the company with all the assets that’s not in bankruptcy — then there’s no purpose in doing the Texas two-step,” Shepard says.
However, if the Supreme Court allows the Sacklers to get relief from future liability by virtue of their contribution to the bankruptcy plan, that would still not be the equivalent of the Supreme Court giving the Texas two-step its blessing, Shepard adds.
“All it means is this issue of a preliminary injunction or a permanent injunction against claims being extended to a non-debtor entity is something that’s permissible, and therefore one aspect of the Texas two-step would be allowed,” he says.
Shepard O’Donnell Partner Michael McCann Named “Rising Star of the Plaintiffs Bar” by The National Law Journal
Shepard O’Donnell, one of the top asbestos personal injury law firms in Massachusetts for over 25 years, announces that Partner Michael McCann has been named a 2024 Elite Trial Lawyers honoree by The National Law Journal in the “Rising Stars of the Plaintiffs Bar” category. The award celebrates the accomplishments of lawyers under 40 who have demonstrated outstanding litigation skills, service to the community and made significant contributions to their firm. McCann and fellow honorees will be recognized at an award ceremony in New York City on July 11.
McCann’s practice focuses on asbestos litigation, tobacco lawsuits and other complex tort litigation matters. His extensive experience includes arguing before the Massachusetts Supreme Judicial Court and leading the Shepard O’Donnell team in several groundbreaking cases. His exceptional professional acumen led to his promotion to partner in 2019.
“Witnessing Mike’s growth as an attorney and having him a part of our firm has been a privilege. He’s a top-notch litigator and a key partner at Shepard O’Donnell,” said Founder Michael Shepard. “He adeptly manages the complexity of asbestos and toxic tort litigation and is committed to ensuring his clients receive the justice they deserve. I couldn’t think of a more suitable honoree!”
As an active member of the Boston legal community, McCann is a member of the Massachusetts Academy of Trial Attorneys and the American Association for Justice. In addition to his recognition as a “Rising Star of the Plaintiffs Bar,” he has been recognized by Massachusetts Lawyers Weekly as an “Up & Coming Lawyer,” Massachusetts Super Lawyers as a “Rising Star” since 2019 and The Best Lawyers in America as “One to Watch” since 2023. The complete list of finalists and honorees for the 2024 Elite Trial Lawyers awards can be found here.
The National Law Journal reports on breaking news and trends for law firms and legal departments about the evolving federal regulations in a volatile political climate.
Frequently Asked Questions About Tobacco Litigation in Massachusetts: Part II
Following up on part one of our frequently asked questions about tobacco litigation in Massachusetts, below are seven additional questions we are commonly asked.
Q: Is it My Own Fault For Not Quitting?
A: No.
As one executive at tobacco company Brown and Williamson, makers of such brands as Carlton, Lucky Strike and Kool, wrote in 1963: “Nicotine is addictive. We are, then, in the business of selling nicotine, an addictive drug.”
In fact, tobacco companies conducted their own research on just how much nicotine was required to get people addicted without making the cigarettes taste bad. Over the years, they have adjusted the amount of nicotine to have the best chance of initiating and sustaining addiction in smokers.
Even if you know smoking is bad for you, it can be challenging to stop. Addiction is not a choice. Some people are biologically more susceptible to nicotine addiction than others. While some might be able to stop or cut back, others might experience unbearable withdrawal symptoms, making it impossible to quit.
And how do the companies respond? As one tobacco company insider put it: “isn’t it fortunate for us that cigarettes are a habit they can’t break.”
Q: How Long Do Tobacco Lawsuits Take?
A: They can take years.
As we know, cigarettes are a billion-dollar industry and tobacco companies have a lot at stake. With very deep pockets, Big Tobacco vigorously defends every case brought against it. But, even though it might have taken years, many individuals and their families have successfully sued tobacco companies for their injuries or death.
Q: What Can I Expect When I File a Tobacco Lawsuit?
A: A comprehensive look at your smoking history.
Because tobacco companies will invariably take your claim to court, you can expect to provide a comprehensive account of your smoking history, including medical records, accounts from friends and family about your smoking habits (including how and when you first started smoking), photos and/or social media posts that show you’ve been a long-time smoker and more. You will also be expected to answer questions from the tobacco company about your smoking history. While all of this may sound daunting, the tobacco lawsuit team at Shepard O’Donnell helps clients pull together all relevant information in preparation for a successful suit.
Q: How Much Can I Expect to Win?
A: $0 or $Millions.
This is a difficult question since every case and fact pattern is different. There are no hard and fast guidelines that allow us (or anybody else) to predict what a jury will decide. There is a very real chance that the award will be negligible. That said, however, the tobacco lawyers at Shepard O’Donnell were recently part of the trial team that won a ground-breaking $43.1 million verdict against RJ Reynolds on behalf of an individual victim. We do not guarantee similar results in future cases, and clients should be aware that even after a lengthy trial, the reward might be zero.
Q: I have COPD or Esophageal Cancer or Heart Disease; Will You Take my Case?
A: Not at this time.
Shepard O’Donnell is currently only taking cases involving lung cancer due to smoking but we are happy to refer you to experienced counsel who can evaluate your case.
Q: What is the Statute of Limitations to File a Tobacco Lawsuit in Massachusetts?
A: Three years (or longer.)
The general statute of limitations for Massachusetts, including for tobacco-related lawsuits, is up to three (3) years from the date your injuries were discovered or from your family member’s death. Even if you think you missed Massachusetts’ statute of limitations, it is still worth speaking with a tobacco lawsuit attorney. We can review the facts of your case to establish which deadline applies to your case and if you still have time or fall under certain statutory exceptions. You can rely on Shepard O’Donnell to consider every legal opportunity.
Q: How Do I Know If I Have a Case?
A: Call the experienced tobacco lawyers at Shepard O’Donnell.
A Massachusetts tobacco lawyer will help you determine which laws apply to your case and how. Shepard O’Donnell will also fully investigate your injuries and help you preserve all admissible, related evidence. Allow an experienced and compassionate tobacco lawsuit attorney on our legal team to evaluate your situation to provide clarity and direction regarding your options. Cigarette and tobacco companies willfully choose to place profits over people. Shepard O’Donnell will stand by your side throughout the entire process while holding these companies accountable for their careless and reckless actions.
Shepard O’Donnell is currently accepting cases for people living with lung cancer due to smoking that took place mainly in Massachusetts.
We have a strong track record of success when representing personal injury and wrongful death victims in matters against tobacco and cigarette companies, including a ground-breaking $43.1 million verdict against RJ Reynolds on behalf of an individual victim.
Shepard O’Donnell Announces Mackenzie Hoglund as an Associate Attorney
Shepard O’Donnell, one of the top asbestos personal injury law firms in Massachusetts for 25 years, announces that Mackenzie T. Hoglund has joined the firm as an associate attorney. Working closely with the Shepard O’Donnell team, Hoglund will focus on toxic tort litigation, fighting for victims of mesothelioma, asbestos exposure, tobacco, hazardous products, defective medical implants and dangerous medications.
Hoglund earned his J.D. from Roger Williams University School of Law in 2023 and a B.S. from Stonehill College in 2020. He was admitted to the Massachusetts Bar in July of 2023 with a score recognizing him for all UBE Jurisdictions.
“We are delighted to welcome Mackenzie to the firm,” said Shepard O’Donnell Partner Michael Shepard. “He is eager to advocate for victim’s rights and demonstrates an aptitude for complex litigation. We look forward to working with him on toxic tort cases as we help our clients find justice.”
While in law school, Hoglund worked closely with the Business Start-Up Clinic, where he partnered with start-up companies and entrepreneurs to address a variety of legal concerns. Additionally, he participated in the Pro Bono Collaborative Eviction Help Desk and the USPTO Law School Clinic Certification program.
Frequently Asked Questions About Tobacco Litigation in Massachusetts: Part I
The tobacco industry has knowingly put millions of lives at risk for decades by continuing to actively market cigarettes and smoking, despite being aware of the harmful health effects of inhaling nicotine and other additives into the lungs.
The tobacco lawsuit team at Shepard O’Donnell helps clients with lung cancer due to smoking in Massachusetts obtain justice from tobacco companies for their injuries. We feel strongly about making tobacco companies pay for the grievous harm they have inflicted on individuals and families and are committed to holding them accountable for their actions. Read more about our landmark $43.1 million verdict.
Below are some common questions we are asked about tobacco litigation.
Q: Can I Still File a Tobacco Lawsuit in Massachusetts?
A: Yes.
As it becomes more difficult to file tobacco suits in other states, Massachusetts remains a viable place to bring your tobacco lawsuit. If you or your loved one developed lung cancer or died as a result of smoking in Massachusetts, you may be successful in suing the tobacco company that caused your injuries. Although these cases can be long and complicated, favorable verdicts do happen, even today.
Q: I Live Outside of Massachusetts; Can I File a Tobacco Case?
A: Maybe.
As Massachusetts tobacco lawyers, Shepard O’Donnell is only accepting cases in which the majority of a victim’s smoking history took place in Massachusetts. If you live in another state but started smoking in Massachusetts and spent a significant amount of time here, please reach out to us for a free case evaluation to see if we can help.
Q: Is This a Class Action?
A: No.
The courts have made it more difficult in recent years to file class action suits against Big Tobacco because the class is so big, involving victims nationwide. As a result, tobacco lawsuits are filed on behalf of an individual and/or their family, and each is considered as a separate claim.
Q: Haven’t All Tobacco Cases Been Settled By Now?
A: No.
Big Tobacco vigorously defends its own interests and does not typically settle lawsuits brought against it. With millions of victims still suffering and dying from lung cancer due to smoking, there are potentially many more suits to be filed. Although the Attorneys General from 52 states and territories signed the Tobacco Master Settlement Agreement in 1998, that agreement does not mean that all cases are settled.
Q: My Loved One Died From Lung Cancer Due to Smoking; Can I File a Suit on His/Her Behalf?
A: Yes.
Depending on the specific details of the claim, surviving family members may be able to file a lawsuit on behalf of their loved one. It’s best to contact experienced tobacco lawyers to discuss your case so they can advise you on the best course of action. Shepard O’Donnell offers free case evaluations for individuals and families who have been affected by lung cancer due to smoking in Massachusetts.
Q: Don’t Companies Have a Legitimate Defense Because of the Warnings on Packaging?
A: No.
The relatively strong warnings that we see on cigarette packaging today weren’t mandated by the government until 1998, but by then, millions were already addicted. Before that, warnings were vague and ineffectual: The Federal Cigarette Labeling and Advertising Act of 1965 required that the warning “Caution: Cigarette Smoking May Be Hazardous to Your Health” be placed in small print on one of the side panels of each cigarette package. This was not enough to deter people from smoking, or to adequately warn about the health risks known to the tobacco companies but hidden from the public.
Even with these warnings, tobacco companies continued their aggressive – and deceptive – marketing tactics, effectively contradicting their warnings.
Q: Is it My Own Fault For Starting to Smoke in the First Place?
A: No.
Tobacco companies knew exactly what they were doing when they got millions of people hooked on nicotine. They intentionally marketed to young people and teens, using sexy and fun imagery to convey the idea that smoking was exciting and cool. Think of the Marlboro Man and the cartoon Joe Camel in cigarette ads, or even Sean Connery’s James Bond or Audrey Hepburn on the big screen, looking glamorous through clouds of smoke.
A much more insidious tactic involved handing out free sample packs of cigarettes to children as young as eight years old. Their plan—-a successful one as it turns out—-was to turn these children into addicts and lifelong tobacco consumers.
In a 1953 confidential report for Philip Morris, the researcher writes: “Studies of clinical data tend to confirm the relationship between heavy and prolonged tobacco smoking and incidence of lung cancer.” Did that stop companies from marketing to an impressionable audience? No.
Executives at Big Tobacco knew they had to keep smokers hooked and actively fought back against information that showed smoking was bad for your health. In 1964, after reading the Surgeon General’s Report on the dangers of smoking, internal communications at the highest levels at Philip Morris International revealed a chilling plan: “We must in the near future give smokers a psychological crutch and a self-rationale to continue smoking.”
According to the industry watchdog, Expose Tobacco, the industry “ran deceptive campaigns, misled policymakers even when under oath, and paid for biased research to help create confusion. The longer the truth was withheld, the more people smoked, unaware of the damage it was causing to their bodies.”
Millions of people have fallen victim to the deceptive marketing practices of tobacco companies and have paid a deadly price.
Q: I Smoked Menthol Cigarettes, Is That Different?
A: No.
Menthol cigarettes were invented and designed by the tobacco industry because research showed they were easier to smoke. Menthol numbs the cough reflex, which allowed even people who were sensitive to regular cigarettes to take up smoking. This is yet another example of how Big Tobacco actively sought to “recruit” more smokers.
Marketing of menthol cigarettes was heavily targeted towards African American teenagers and children since studies showed that 85% of Black smokers preferred menthol cigarettes. According to a 2022 NPR report, “tobacco industries specifically found influencers in Black communities and gave them free samples, to build markets surreptitiously. The companies also sponsored events like the Kool Jazz Festival, that included an ad of Dizzy Gillespie next to a pack of Kools.”
Menthol enhances nicotine’s addictiveness and the flavor makes the cigarettes “easier” to use and because of this, they were acknowledged by the industry as great “starter products.” Menthol cigarettes weren’t banned in Massachusetts until 2020!
These are just a few of the questions that we are asked on a regular basis by victims of lung cancer due to smoking. Stay tuned for Part II of our blog, which will be released shortly. We will answer seven more commonly asked questions about suing tobacco companies for financial compensation.
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.