How Doctors Can Support Mesothelioma Patients Beyond Medical Care

As a doctor treating mesothelioma patients, your primary focus is managing the disease and helping patients understand the medical implications of their ongoing treatment. However, you also understand that the lives of your newly-diagnosed patients and their families have just been upended and they may feel overwhelmed and uncertain about what lies ahead, not just in terms of treatment, but also how it will affect their day-to-day lives. To augment the information and support available through your hospital or clinic, we’d like to offer some additional resources that you may wish to share with your patients.

A Mesothelioma Caregiver Checklist

The new reality of being a caregiver to a loved one diagnosed with mesothelioma can be an overwhelming prospect. There will be much to do in the weeks and months ahead. Having most, if not all, of these tasks spelled out, and methodically approaching them can help diffuse some of the uncertainty. Friends and family are usually eager to help but may need some guidance on what they can do. Armed with our checklist, caregivers may find it easier to accept offers of assistance and delegate tasks as appropriate. Including items such as: 

  • Designate a friend or family member as a “spokesperson” who can keep others informed about the diagnosis and progression of treatment; people mean well, but you may not want to speak to everyone personally. 
  • Create a binder or other method to collect all information and contacts in one place.
  • Research all available financial support, including insurance, government, and VA benefits and begin the application process.
  • Determine whether you as the caregiver qualify for time off under the Family Medical Leave Act (FMLA).
  • Set aside time and resources to support yourself.

Feel free to download the full list as a handout for your patients. You can also provide this worksheet developed by the National Institute of Health for Coordinating Caregiving Responsibilities.

Help Your Patient Ensure End-of-Life Wishes Are Followed

While difficult to acknowledge, mesothelioma diagnoses are often terminal. Patients may be unaware of the many end-of-life decisions that will be required, or frankly, be unwilling or unable to confront them. Gently reminding them that it will be much easier to deal with these matters earlier, rather than after the disease has progressed, may prompt patients to get their proverbial “house” in order. Your hospital or clinic likely has a healthcare proxy that patients are required to sign, but they should also consider a complete estate plan that would include a will, a living will and a power of attorney to ensure trusted individuals are in place to make decisions on their behalf if and when needed. Encourage patients to reach out now to professionals such as accountants, financial planners, investment advisors, tax preparers, and attorneys, including those focusing on trust and estate planning, family law, and mesothelioma litigation. You may also wish to point out that it will make things much easier for their family in the long run. 

Offer the Opportunity to Talk to Someone Who’s Been Through It

While mesothelioma diagnoses are becoming increasingly rare, there are still many others who have been through what your patient and their family are going through. Sometimes, it helps to talk to someone else about their experience. If this is something your patient would like to do, please feel free to pass along our contact information and we would be happy to arrange a conversation.

Let Your Patient Know Financial Compensation Might Be Available

Even today, mesothelioma victims and their families are receiving life-changing compensation from mesothelioma lawsuits. You can help patients understand that the only known cause of mesothelioma is prior exposure to asbestos and companies that knowingly put people’s lives at risk should be – and are – being held responsible. Whether it was direct exposure from using asbestos-containing products, inadvertent secondary exposure through a family member or through regular use of cosmetics containing talc, your patient should know that manufacturers of asbestos-containing products are being made to pay. Faced with mounting medical and related bills, patients might be interested in knowing that financial compensation could be available to them and be grateful for a referral to an attorney specializing in mesothelioma lawsuits. Although they may be reluctant to litigate, there may well be a significant financial upside to doing so. 

At Shepard O’Donnell, we have been helping mesothelioma victims obtain life-changing financial compensation for their suffering for more than 30 years. We would be happy to speak to your patient at no cost and no obligation to them. If preferred, we will come to their home or other location that’s easy for them to get to to discuss the possibility of filing a lawsuit on their behalf. Feel free to share our contact information with whomever you think could benefit from our services. We appreciate the referral.


Are You an Auto Mechanic and a Current or Former Smoker? Know Your Risks.

Auto Mechanics and Asbestos Exposure

The risk to auto mechanics of exposure to asbestos has been well documented. Vehicle components such as brake linings, clutch facings, and gaskets in models older than 1990 almost certainly contain asbestos, and manufacturers were still selling asbestos brakes as late as the 2000s. Routine maintenance on these vehicles, involving brake and clutch inspection, cleaning, and repair often releases asbestos fibers into the air, especially when compressed air or dry brushes and rags are used to clean off the dust that has accumulated during years of use. Such cleaning methods blow the asbestos-containing dust up into the surrounding environment, where it is breathed in by anyone standing or working close by. So if you worked in an automotive garage or repair facility but weren’t working directly with brakes, clutches or gaskets, you may still have been exposed to asbestos dust from them.

Asbestos fibers can hang in the air for days, weeks, and sometimes months, and even those who don’t work directly with the contaminated products are at risk of breathing in the airborne fibers, which can then become embedded in the tissue of the lungs. This is especially true in the harsh New England climate where doors and windows are rarely left open in the winter to allow for air circulation. 

Although the use of asbestos in automotive friction and gasket products has decreased, these products are a substantial source of potential exposure even today. As a result, auto mechanics, automotive technicians, and at-home DIY mechanics and tinkerers, who work on brakes and clutches are considered to be at increased risk for developing lung cancer and mesothelioma due to asbestos. We urge anyone working around these types of friction products to remain vigilant about their lung health. 

Smoking + Asbestos Exposure Increases Your Risk of Lung Cancer

We all know that smoking is the greatest risk factor for lung cancer. But, according to the National Cancer Institute, the combination of smoking and asbestos exposure exponentially increases your risk of developing lung cancer. The synergistic effect of smoking plus asbestos exposure puts auto mechanics who also smoke(d) at a much higher risk for developing lung cancer than the individual risk factors added together. If you’ve been diagnosed with lung cancer, whether due to smoking, asbestos exposure, or both, we urge you to stop smoking right away. If you need help to quit, the American Lung Association has many available resources.

I’m an Auto Mechanic, How Can I Protect Myself?

When you remove a brake disk, drum, clutch cover, or wheel from a vehicle you can see the dust that has collected, but it’s virtually impossible to tell just by looking if that dust contains asbestos. If you’re working on a newer vehicle OSHA recommends that you consult the manufacturer, the parts retailers, and packaging information, to determine whether or not your brake or clutch components contain asbestos. However, that information might not be readily available for older vehicles. As a best practice, OSHA recommends that mechanics should assume that all brakes have asbestos-type shoes. Although home mechanics are not required to follow OSHA regulations, if you are a DIY-er, we encourage you to take your brake and clutch jobs to a professional.

Can I Get Financial Compensation for My Lung Cancer?

Many people, especially those who are or were smokers, don’t consider that the onset of their lung cancer could have been caused or exacerbated by asbestos exposure. If you worked with automotive friction or gasket products at any point in your job history, we encourage you to call us to help you determine if your lung cancer was caused by exposure to asbestos. You might be entitled to financial compensation. 

Manufacturers of asbestos-containing products that knowingly exposed workers to this harmful material should be held accountable, as should tobacco companies. We have helped hundreds of individuals and families obtain justice for their injuries, regularly obtaining settlements and verdicts in the millions. 

Shepard O’Donnell is currently accepting cases for people living with lung cancer due to smoking and asbestos exposure that took place mainly in Massachusetts. 


Three Shepard O’Donnell Attorneys Recognized in The Best Lawyers in America® 2025

Shepard O’Donnell, one of the top asbestos personal injury law firms in Massachusetts for over 25 years, announces that three of its attorneys were selected for inclusion in The Best Lawyers in America® 2025 edition. Published by Woodward/White, Inc since 1982, Best Lawyers is considered by many to be the oldest and most respected peer-reviewed publication in the legal profession.

Founder Michael Shepard was recognized in the Personal Injury Litigation – Plaintiffs practice area. Co-Managing Partner Erika O’Donnell was recognized in the Mass Tort Litigation / Class Actions – Plaintiffs and Personal Injury Litigation – Plaintiffs practice areas. 

Partner Michael McCann was recognized in Best Lawyers: Ones to Watch® in the Mass Tort Litigation / Class Actions – Plaintiffs and Product Liability Litigation – Plaintiffs practice areas. The “Ones to Watch” designation recognizes lawyers for outstanding professional excellence who are earlier in their careers. 

Inclusion in The Best Lawyers in America is based on an extensive peer-review process designed to capture the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical and legal practice area. Best Lawyers highlights the top 5% of practicing attorneys in each practice area. Its 2025 selections are featured in the 31st edition of The Best Lawyers in America.


Danger - Asbestos Sign

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?”

Read the full article.


“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.”

Read the full article.


Danger Asbestos Caution Tape

“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.”

Read the full article.


“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.

Read the full article (subscription required).


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.


Tobacco litigation FAQ blog 2

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.