Mesothelioma Diagnosis, Prognosis, and Treatment Options
MESO Series: Part II
Diagnosis, Prognosis, and Treatment Options
The typical mesothelioma patient is a man around retirement age with a blue-collar or military background. The relatively advanced age of patients is due to the long latency period of this disease, which typically manifests between 20-50 years after exposure to asbestos. Cruelly, it is just as workers are set to enjoy their retirement years, that they are diagnosed with mesothelioma. While workers who have been in close contact with asbestos are at the highest risk, family members can also be at risk via exposure to fibers brought home on the clothing of the primary individual.
If you or someone you know has experienced any of the symptoms outlined in our previous post, we encourage you to seek medical attention right away. It is critical to let your doctor know as early as possible if there’s even a small chance you may have been exposed to asbestos during your working years. If you aren’t currently experiencing any symptoms, but are concerned about possible past exposure, ask your doctor to set up regular monitoring. However, keep in mind that not everyone who has been exposed to asbestos will get mesothelioma or other cancers.
How Do You Diagnose Mesothelioma?
Mesothelioma can be difficult to diagnose because it often looks like other types of cancer, or even 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 mesothelioma is present. If mesothelioma is diagnosed, these tests also help determine how far it has progressed and whether it has spread to other parts of the body. The cancer can spread via tissue, the lymph system, or the blood.
The process used to find out if cancer has spread outside the pleura (lungs) or peritoneum (abdomen) is called staging. As with other cancers, there are four stages of the disease. Doctors will ask questions such as: How far has cancer spread in the pleura? Has it spread into other nearby pleura or structures? Can it be removed with surgery? Has the cancer spread to nearby lymph nodes? Has the cancer spread to distant organs, like the bones, liver, lungs, or pleura (lining of the lung) on the other side of the body, or the peritoneum (lining of the abdomen)?
Depending on the answers, pleural mesothelioma, for example, can be divided into four stages:
- Stage 1: Cancer is only in the pleura. At this stage, you may be a candidate for treatments like surgery to remove the cancer.
- Stage 2: Cancer may have spread beyond your pleura, but it’s still near the original site. At this stage, surgery plus chemotherapy or radiation may be indicated.
- Stage 3: Cancer has spread to nearby organs and lymph nodes. A cancer at this stage likely requires aggressive treatment and includes a combination of treatment approaches.
- Stage 4: Cancer has spread to other organs, or metastasized. Aggressive treatment and possibly palliative care is recommended at this stage of the disease.
It is important to know what stage the cancer is in order to plan the correct treatment. For a more detailed breakdown of each stage of pleural mesothelioma, please view the outline on cancer.gov. If you are facing a positive mesothelioma diagnosis, we encourage you to get a second opinion to be certain that your symptoms are indeed associated with mesothelioma.
What Is The Prognosis for Mesothelioma?
According to the National Cancer Institute, the prognosis and treatment options for mesothelioma depends on a number of factors, including the stage of the cancer, the size of the tumor, the patient’s age and activity level, as well as his or her general health, including lung and heart health.
Mesothelioma has historically had a poor prognosis, and the current life expectancy of a patient diagnosed with the disease, with treatment, is around 18-36 months. Treatment for early-stage disease with surgery and radiation can extend a patient’s life expectancy, but many patients either are too ill to undergo aggressive surgery or present with advanced disease. Palliative care remains an important component of the management of this devastating illness.
However, there is some good news. Early detection, advancements in treatment options, as well as new, targeted treatments are cause for optimism, with many patients outliving their prognosis by years.
What Are The Treatment Options for Mesothelioma?
If you have been diagnosed with mesothelioma, you will work closely with a specialist to develop a treatment plan specific to your situation. It is very important to establish strong relationships with a team of experts able to provide support and guidance in all aspects of the management of mesothelioma.
As mentioned, there are four stages of meso with progressively aggressive treatment options, including:
- Surgery
- Radiation
- Chemotherapy
- Immunotherapy
- Targeted therapy
For some patients, taking part in a clinical trial may be the best treatment choice. Clinical trials are part of the cancer research process. Clinical trials are done to find out if new cancer treatments are safe and effective or better than the standard treatment. Detailed information on each of these treatment options is available at cancer.gov. It is important to discuss all available options with your doctor to be sure you’re getting the right treatment for your particular disease.
We are not medical experts and urge you to speak with your doctor or specialist regarding your diagnosis and potential treatment options. Over decades of successfully fighting for financial compensation for mesothelioma victims, we have worked with many excellent specialists in this field and are happy to provide you with a list of local mesothelioma medical experts.
Contact Us For Help
You and your family are undoubtedly experiencing emotional stress and trauma as you deal with this painful time in your lives. Make sure you find an attorney for whom you are not just a number on a spreadsheet or a docket. We are responsive, compassionate, and sincere.
If you think you might have a mesothelioma legal case in Massachusetts, we encourage you to reach out to us. We have helped hundreds of individuals and families get justice for their injuries, regularly obtaining settlements and verdicts in the millions. We are happy to offer you a free case evaluation. If you like, we will come to your house to listen to your story and will tell you honestly if we think you have a viable claim.
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For more information on mesothelioma and its various treatment options, including some new targeted therapies, please read Mesothelioma: a Review by Frank E. Mott, MD, FACP on the National Library of Medicine website.
Detailed stages:
[from https://www.cancer.gov/types/mesothelioma/patient/mesothelioma-treatment-pdq#_50]
For more on the stages: https://www.cancer.org/cancer/types/malignant-mesothelioma/detection-diagnosis-staging/staging.html
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5571821/
https://my.clevelandclinic.org/health/diseases/15044-pleural-mesothelioma
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What is Mesothelioma?
Mesothelioma Series: Part I
What is Mesothelioma?
We’ve all seen the commercials about mesothelioma on TV, but unless it has affected us personally, few of us know what mesothelioma is and how devastating this disease can be for individuals and their families.
Mesothelioma is an insidious disease with a long latency period, meaning it often takes decades to develop—typically 20-50 years from initial exposure. It is a form of cancer that affects the mesothelium, the lining that protects the lungs, abdomen, heart, and other major organs in the body. A malignant tumor of the mesothelium is called a malignant mesothelioma, often shortened to simply, mesothelioma. There are four main types of mesothelioma:
- Mesothelioma of the lungs: the most common form of mesothelioma affecting about 80% of patients, is called pleural mesothelioma.
- Mesothelioma of the abdomen: known as peritoneal mesothelioma.
- Mesothelioma associated with the heart: called pericardial mesothelioma, referring to the pericardial cavity around the heart.
- Less common forms of the disease (less than 1% of cases) are papillary and testicular mesothelioma, affecting the ovaries and testicles.
A mesothelioma diagnosis is a life-changing event with emotional, physical, and financial consequences. Learn more about the medical aspects of mesothelioma at the American Cancer Society and the American Lung Association and read more about diagnosis and treatment options here.
How Do You Get Mesothelioma?
The only known cause of mesothelioma is exposure to asbestos.
Asbestos is a naturally occurring fibrous mineral that is both durable and fire-proof and has been used for decades in the manufacture of various commercial and industrial products, including textiles for clothing. Asbestos was first used in construction in the mid-1800s, and it was as early as the 1930s that harmful effects associated with its use were first documented. It wasn’t until 1989, however, that the EPA announced it would phase out the use of asbestos in almost all products in the U.S., but by that time, millions of workers had been exposed.
Asbestos fibers create dust or powder when handled, which is then inhaled or ingested during a workday. These fibers can lodge in internal organs, leading to the development of tumors. Workers across a range of industries have been exposed regularly to asbestos-containing materials, including those in:
- Shipping
- Plumbing
- Construction
- Aircraft Maintenance
- Auto Shops
- Paper Mills
- Pipefitting
- Powerhouses
- and other workplaces
Unfortunately, many individuals diagnosed with mesothelioma are Veterans.
Common products used and handled during a typical workday include:
- Construction materials such as sheetrock and wallboard
- Roofing, shingles, and siding
- Flooring and tiles
- Pipe covering and insulation
- Electrical cables and wire
- Boilers, pumps, and generators
- Gaskets, valves, and packing material
- Rope, wick, and cord
- Protective clothing and textiles
- Automotive materials such as brake pads and transmission plates
- Adhesives, cement, and sealants
- Raw asbestos
Despite the early warnings, manufacturers and installers of these materials continued to sell and install asbestos products for decades without warning workers of the terrible dangers they faced. The EPA estimates that from 1940 to 1980, 27.5 million Americans were exposed to asbestos at work. While those exposed at work are at the highest risk, family members can also be at risk via exposure to fibers brought home on the clothing of the primary individual.
What Are The Symptoms of Mesothelioma?
Mesothelioma develops years, often decades, after the initial asbestos exposure. 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.
Symptoms can vary based on where the tumor is located and at what stage the cancer is but can include:
Pleural mesothelioma (lungs)
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Peritoneal mesothelioma (abdominal)
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Pericardial mesothelioma (heart)
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If you or someone you know is experiencing any of these symptoms we strongly encourage them to seek medical advice, especially if you suspect they’ve been exposed to asbestos in their lifetime.
Stay tuned for the next installment of our blog series on mesothelioma, which focuses on the diagnosis, prognosis, and treatment options for this disease.
Contact Us For Help
Companies that knowingly perpetuated the use of this harmful material for decades after it was determined dangerous should be held accountable. If you think you might have a mesothelioma case in Massachusetts, we encourage you to contact us. We have helped hundreds of individuals and families obtain justice for their injuries, regularly reaching settlements and verdicts in the millions. We are happy to offer you a free case evaluation. If you like, we will come to your house to listen to your story and will tell you honestly if we think you have a viable claim.
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Michael Shepard Quoted in Law360 article on Asbestos Claims
Michael Shepard’s insights were featured in Law 360’s article, “Mass. Lawmakers Weigh Ending Asbestos Claims Time Limit.”
“The Massachusetts Legislature is eyeing a sweeping change to the state’s construction tort statute of repose by eliminating an ironclad six-year limit on certain construction-related asbestos claims, something proponents say would fix a “draconian” interpretation of the law that leaves many families without legal options.”
Michael Shepard Law 360 , “The statute of repose was never designed to insulate companies that knowingly and intentionally used a toxic product … knowing that product won’t cause an injury to people until after the statute of repose has expired,” said Mike Shepard of Shepard O’Donnell, whose firm represented the Oliver estate before the SJC in a suit against General Electric and Metropolitan Life Insurance.
“A company like GE could install asbestos products today and be fully free, because no one will get an injury within the statute of repose time frame. It takes decades for your injury to manifest,” Shepard added. “We don’t see any downside to changing this law.”
Repealing The Massachusetts Statute of Repose
What Is It and Why Does it Matter to Victims of Mesothelioma?
What is a Statute of Repose?
Similar to a statute of limitations, a statute of repose imposes a time limit on when injured parties can file a lawsuit to try to recover compensation after they have been injured. Unlike a typical statute of limitations, however, the statute of repose applies to claims against people or companies involved in the design, planning, construction, or renovation of construction projects.
A statute of repose is intended to protect architects, engineers, and construction contractors from claims that arise due to mistakes or structural failures more than six years after construction work was completed. After six years, it is assumed that these parties no longer have control of the property, have no role in how it is maintained, and are not in a position to observe and fix any defects. The real-world effects of this legislation, however, are much more devastating.
The Fatal Flaw
The Massachusetts statute of repose includes not only a time limit on claims for construction-related issues, but also the manifestation of illnesses caused by the construction activity, including those that were not discovered until many years later. This is the statute’s fatal flaw. The current statute does not account for latent diseases (those with very long incubation periods before symptoms appear) that, by their very nature, won’t be discovered until long after the six-year repose period has expired.
In the case of disease caused by asbestos exposure, the latency period is 20-50 years after exposure occurred! Mesothelioma is a fatal cancer, the only known cause of which is asbestos exposure. This means that a person diagnosed with mesothelioma today has to look back at least 20 years to determine the cause of his or her disease, well past the six-year time limit of the statute of repose.
The Massachusetts statute of repose was enacted in 1968 before the devastating effects of asbestos exposure were understood. Keeping the 1968 legislation in place today fails to consider what we’ve learned in the intervening years. It essentially gives companies blanket immunity for past—and current—misdeeds related to asbestos use and provides no recourse to victims of asbestos exposure.
It’s time that changed.
A Devastating Legacy of Greed and Disease
The health hazards of asbestos have been known by asbestos manufacturers since the 1930s, but were covered up to continue profiting from its sale. It wasn’t until the 1960s that information about the dangers of asbestos began to spread. When OSHA was formed in 1970, the first emergency standard it passed was a ban on the use of asbestos insulation.
But even as the dangers of asbestos were brought to the public’s attention throughout the 1970s and 80s, companies still used asbestos-containing products without warning workers or taking precautions to prevent workers from breathing in the deadly asbestos dust.
The legacy of asbestos use is an ugly story of corporate greed, negligent decision-making, and callous disregard for the health and safety of working men and women and their families. These families all have one thing in common: they were exposed to asbestos decades ago and are just now being diagnosed with disease, including mesothelioma and lung cancer.
They include men and women that worked in the paper mills in Lee, the shipyards in Quincy, Boston, and Charlestown, mills in Lowell and the Blackstone Valley, factories in Fall River, and commercial office towers in downtown Springfield, Worcester, and Boston. Asbestos was also used in powerhouses, factories, shipyards, commercial office buildings, schools, churches, apartment buildings, and homes.
Asbestos-related diseases kill thousands of people every year, including present and former residents of the Commonwealth of Massachusetts. Victims suffering today want justice for their injuries, and so do we.
Victims Can Not Get Justice
For an asbestos personal injury case, the statute of limitations begins when a person is diagnosed with a disease. But, the statute of repose sets a deadline based solely on the passage of time since a construction project was completed, irrespective of whether a person has been diagnosed with a disease or injury by that time.
The statute of repose is inherently unfair to victims of latent diseases caused by exposure to toxic substances during a construction project. By the time these victims develop an injury that gives them a right to pursue a lawsuit for damages, they are already barred from pursuing it in the courts.
Asbestos exposure is like a stick of dynamite with a long fuse. For workers helping to construct a building, the fuse is lit when dust from asbestos products is breathed in during construction. The fuse burns for decades, only to explode into mesothelioma, lung cancer, or asbestosis during their retirement years.
Responsible Parties Can Not Be Held Accountable
Companies that sell or install asbestos in a building are well aware that any harm caused will not become apparent for 20-50 years. Under the current wording of the statute of repose, the contractors and designers of the building cannot be held responsible, even if they knowingly exposed the workers to asbestos.
Today, instead of protecting an architect for a stairway or railing that collapses ten years after a building is turned over to its owner as was initially intended, the statute of repose is being used by large contractors to avoid liability for knowingly injuring workers.
It also means that a school or apartment building being built right now could be using asbestos or other toxic materials, and the contractor would never be held liable for any injuries caused by those toxins.
We Don’t Think That’s Fair
In 2019, Shepard O’Donnell appeared before the Massachusetts Supreme Judicial Court on behalf of mesothelioma victim Wayne Oliver’s widow, June Stearns, in Stearns v. Metropolitan Life Ins. Co. Mr. Oliver worked on the construction site for the Pilgrim Nuclear Power Station in Plymouth, MA, where he was exposed to asbestos-containing products in the 1970s. He was not diagnosed with mesothelioma until 2015.
June Stearns, testified: “Unfortunately, it’s kind of ironic: we would watch the ads on TV (mesothelioma lawsuits) and think how sad that these poor people have this awful disease, not knowing it was laying dormant in Wayne’s body probably right then and had lain there, dormant, for many many years without any kind of symptoms. Then, all of a sudden, he was diagnosed with mesothelioma.”
“He was a healthy man, fit as fiddle, and young and vibrant. We worked together for many years and we were enjoying our life together until that awful disease reared its ugly head,” she went on. “He was in such pain and in a wheelchair and on oxygen – just not living the life he wanted to live, so he finally gave up. It was 16 months after diagnosis, and then he died July 25, 2016.”
The court denied Mr. Oliver’s family compensation citing the statute of repose, which effectively barred him and his family from bringing suit against the parties responsible for his injuries. We don’t think that’s fair.
The Court Agrees
Fortunately, the Supreme Judicial Court of Massachusetts agrees, recognizing the inherent unfairness of the current statute of repose. The court recognized the “regrettable” effects of the current statute of repose, and wrote that the appropriate recourse to change the law is not in the courts, but in the legislature. It further encouraged the legislature to look to the example of other states that have exempted asbestos-related illnesses from their own statutes of repose. Some have done away with the construction statute of repose altogether, while others have carved out exceptions for latent diseases to protect victim’s rights.
House Bill 1746 is currently before the Massachusetts legislature and would change the Massachusetts Statute of Repose, exempting latent diseases such as those caused by exposure to asbestos.
The Way Forward
Shepard O’Donnell is proud to be at the forefront of this push to change the law in Massachusetts. On behalf of the Massachusetts men and women that we represent, who are suffering and dying from asbestos-related diseases, we are actively urging the Legislature to follow the suggestion of the Supreme Judicial Court and support House Bill 1746, to protect the rights of victims of exposure to toxic substances, including asbestos. This Bill would not only protect workers’ rights but also serves as a deterrent to companies that might otherwise use dangerous toxic products in the construction of buildings in the Commonwealth.
If you or someone you know has been exposed to asbestos or has been diagnosed with mesothelioma, lung cancer, or asbestosis, we want to help. Contact us here or call us anytime at 617-451-9191.
Watch a segment of Attorney Michael Shepard testifying in front of the Massachusetts State Legislature about the Statute of Repose.
Three Shepard O’Donnell Attorneys Recognized in The Best Lawyers in America® 2024
BOSTON, MA, August 21, 2023 –Shepard O’Donnell, one of the top asbestos personal injury law firms in Massachusetts for 25 years, announces that three of its attorneys were selected for inclusion in The Best Lawyers in America® 2024 edition. Published by Woodward/White, Inc., 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 Personal Injury Litigation – Plaintiffs and Mass Tort Litigation / Class Actions – Plaintiffs practice areas.
Partner Michael McCann was recognized in Best Lawyers: Ones to Watch® category in the Personal Injury Litigation – Plaintiffs and Mass Tort Litigation / Class Actions – 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 has been published since 1983 and highlights the top 5% of practicing attorneys in each practice area. Its 2024 selections are featured in the 30th edition of The Best Lawyers in America.
Why Local Experience Matters Most When Hiring A Mesothelioma Litigation Firm In Massachusetts
Is Bigger Really Better?
Why Local Experience Matters Most When Hiring A Mesothelioma Litigation Firm In Massachusetts
Mesothelioma is a devastating disease that develops years after exposure to asbestos-containing material. This exposure invariably occurred in the normal course of employment, and workers had no idea they were entering a potentially dangerous environment day after day. No one told them that while they were simply trying to provide for their families, they were risking their future health.
The fact that mesothelioma patients and their families have had to endure pain and suffering, both financial and emotional, as a result of the callous actions of manufacturers of asbestos-containing products is unconscionable. Companies that knowingly perpetuated the use of this harmful material for decades after it was known to be harmful should be held accountable, and many victims are successfully filing lawsuits in Massachusetts to get compensation for their injuries.
But what is the best way to make sure these companies pay?
If you or a loved one is suffering or suffered from mesothelioma in Massachusetts, you have a number of options when hiring a lawyer to represent you, from mesothelioma mega-firms that tout their size and geographic reach as benefits, to smaller local firms who have practiced in the state for many years. Which of these options provides the best chance for success?
Ask yourself the following questions when choosing the right firm to represent your interests in a Massachusetts mesothelioma case:
Do they understand Massachusetts law?
If you file your case in Massachusetts, you want someone who thoroughly understands the state’s legal landscape. In complicated mesothelioma cases, your attorney should be very familiar with state laws, the Judge and Special Master, the defense attorneys on the other side, and the local rules of discovery and deposition, which vary widely from state to state. In fact, your case could be dismissed outright if your lawyer does not strictly follow the proper rules and procedures. Even improperly filling out a Plaintiff’s Disclosure Form can have serious ramifications for your case, potentially precluding claims against liable defendants, meaning your final award will be less than you could have received.
Do they know who to sue?
In addition to knowing how to file the case for maximum benefit, your attorney should fully understand who to include in the suit. There are myriad potential defendants in a mesothelioma case, some obvious and some less so. Lawyers from out of state may not be familiar with the suppliers of specific asbestos-containing products used in Massachusetts. They could overlook potential defendants that would add to your financial recovery. Do they know the names of all the contractors, distributors, wholesalers, and suppliers involved? Experienced local lawyers will have intimate knowledge of the entire pool of potential defendants specific to your jobsites.
Have they tried a case exactly like yours before?
Lawyers have varied interests and experience, and many practice in multiple different areas of law. However, the specialized and detailed nature of a mesothelioma lawsuit does not lend itself well to dabblers in the area. Many mesothelioma cases in Massachusetts stem from similar jobsites, projects or exposures, be they paper mills, navy ships, powerhouses, shipyards, high-rise office buildings, or a host of other workplaces. Even those who were self-employed often worked with the same asbestos products. Is your attorney well-versed in the history of asbestos use in the state and have they successfully tried similar cases against all possible defendants? Specific, relevant Massachusetts asbestos litigation experience is critical to a successful outcome.
Are they part of the local landscape?
As in many other areas, communities in Massachusetts are tight-knit and tend to help and support their own. Opening up to out-of-staters can be more difficult, and to the extent that there is some implicit bias against outsiders, there is the potential it could negatively affect your case.
As a test, ask your prospective attorney to pronounce these names: Quincy, Haverhill, Worcester, Stoneham, or Amherst. You will quickly learn whether they are truly part of our community!
Do they have “boots on the ground” in MA?
All cases litigated in Massachusetts require a Massachusetts-licensed attorney to bring the case to court. That means if your attorney is in another state and not licensed to practice in Massachusetts, they will need to add local counsel to the team to help with the case, sponsor their access to the courts, and navigate the local rules and procedures. This seems like an extra step: why not hire experienced local counsel to begin with? Even if they are paying the local counsel out of their fee, how motivated is your out-of-state lawyer when he or she is splitting the fee with a local lawyer hired to help them?
Are they personally available?
In a highly complex lawsuit involving hundreds, sometimes thousands of important details, it’s natural for you to have questions. Having personal access to your lawyer whenever you need clarification of a certain aspect of your case, or just want reassurance that everything is on track, can make all the difference to your peace of mind. Often, large firms in diverse locations have multiple hoops to jump through before you are connected with someone familiar with your case and can knowledgeably answer your questions. When you call, are you directed to someone on a “team” working on your case? Do you talk to a different person every time you call? That’s code for a large law firm having too many cases to keep one lawyer on your case from start to finish. A local firm entirely dedicated to your case can often answer your questions with one email, text, or phone call.
Who will pay for their travel costs?
Cases going back many years and involving numerous defendants require detailed and in-depth discovery, unearthing miles of paper trails and conducting multiple in-person depositions. This work needs to be done locally, and if your attorney is from out of state, his or her travel and associated costs will quickly add up. While you may not have to pay these costs up front, they are not free and will ultimately come out of your settlement, lowering your compensation.
Do they really care about you and your family?
You and your family are undoubtedly experiencing emotional stress and trauma as you deal with this painful time in your lives. Especially now, you need an attorney who is present, who cares about what’s happening to you, and who is committed to seeking justice in your case. Make sure you find an attorney for whom you are not just a number on a spreadsheet or a docket. Having responsive, compassionate, and sincere counsel that understands the local court system and who lives and works in the same state is crucial to success – financial success and having a positive experience while going through the process.
Do they win?
Above all, you are hoping for compensation for your suffering. Ask to see your attorney’s successful track record in cases like yours, and in the place you live.
The answers to the above questions will help you make an informed decision about hiring the right attorney for your case. If you think you might have a mesothelioma case in Massachusetts we encourage you to reach out to Shepard O’Donnell. We have helped hundreds of individuals and families obtain justice for their injuries, regularly obtaining settlements and verdicts numbering in the millions. We’d be happy to discuss these questions with you and offer you a free case evaluation. If you like, we will come to your house to listen to your story and will tell you honestly if we think you have a viable claim. And you will never pay unless we deliver results for you.
“Escaping Liability: Texas Two-Step Under Scrutiny” - Michael Shepard Quoted in Article
Michael Shepard’s insights were featured in the South Carolina Lawyers Weekly article, “Escaping Liability: Texas Two-Step Under Scrutiny.”
Shepard told Massachusetts Lawyers Weekly that while the Texas two-step affects only asbestos and talc victims today, it could one day affect any number of products — pharmaceuticals and vehicles, for instance — on the market that hurt people.
“You’re essentially removing one of the great safeguards that we have in this country from corporate negligence or malfeasance, and that is the right to a jury trial, the right to hold that company accountable,” Shepard said.
“Would-be mom sues cryogenic storage center over ‘lost’ eggs”- Michael Shepard Quoted
Michael Shepard was quoted in the Massachusetts Lawyers Weekly article, “Would-be mom sues cryogenic storage center over ‘lost’ eggs.”
“She tried to have her eggs preserved with the expectation that she would be able to use them later on when she was ready to have a child,” says the plaintiff’s attorney, Michael C. Shepard of Shepard O’Donnell in Boston. “After going through this incredibly stressful and invasive process, she wasn’t able to have her own child later on due to the negligence of the company she contracted with and their partner.”
“I can’t even imagine what that phone call was like,” Shepard says. “When you have nothing but the highest hopes of having a child and having that child be part of your family line, then being told, ‘Sorry, it didn’t work out’ — it must have been crushing for her.”
Michael Shepard Interviewed on the Texas Two Step and the Georgia-Pacific Case
Michael Shepard was quoted in the Law.com article, “20 State AGs Ask Fourth Circuit to Kill Jones Day’s Texas Two-Step Tactic in Georgia-Pacific Case.”
“If the full panel of the Court of Appeals says the preliminary injunction can’t extend to the parent company—the good
company—it would essentially do away with the Texas Two-Step,” said Michael Shepard, a partner at Shepard
O’Donnell and a member of the asbestos claimants committee in the Georgia-Pacific case.
Read the full article (subscription required): https://bit.ly/3owTOV5
Michael Shepard quoted in Bloomberg article, “J&J Jury’s Cancer Verdict Ramps Up Pressure on Bankruptcy Vote,”
Recently, Michael Shepard’s insights were featured in the Bloomberg Law article, “J&J Jury’s Cancer Verdict Ramps Up Pressure on Bankruptcy Vote.”
Claimants could see the verdict as a reason to try their own claims in front of a jury, Michael Shepard, a mesothelioma attorney at Shepard O’Donnell PC, said. Claimants in J&J and other asbestos bankruptcies might try to obtain the same relief from bankruptcy that allowed Valadez to get a jury trial, he said.
That would be a thorny issue for judges, who would be in a position to pick winners and losers, Shepard said. “Which ones do you choose?” he asked.
Read the full article (subscription required): https://bit.ly/3owTOV5