Archive for category Legal
$24 million asbestos verdict overturned
Posted by Mellissa@SokoloveLaw in Legal on November 9, 2009
Last week a Florida appeals court overturned a $24 million verdict against Honeywell and ordered a new trial. 52-year old Stephen Guilder died of peritoneal mesothelioma in September. He was awarded the settlement last Spring, claiming he was exposed to asbestos in brake pads manufactured by Bendix (now Honeywell). Mesothelioma is a rare cancer almost always linked to asbestos exposure.
The appeals court reached its decision based on four separate grounds including not redact portions of a letter from a Bendix employee and not including other brake manufacturers as defendants.
Attorneys, victims, families, and advocates will be watching as this new trial progresses.
To learn more about this verdict Appeals court overturns $24 million asbestos verdict
UK Companies Paying Large Asbestos Claims
Posted by Mellissa@SokoloveLaw in Industry, Legal on November 9, 2009
The UK has been in the news lately as the law denying compensation to people suffering from pleural plagues (an asbestos-related condition) is under review. Two large companies, Nestle and Esso, have also made the news.
Esso was just required to pay a large sum to the widow of a man who died of asbestos-related cancer. Nestle is in a case where the victim died of mesothelioma. Both families sought compensation alleging the companies knew the dangers of asbestos and didn’t have workers use adequate protection if any at all when handling asbestos. Cases like these may be the just beginning if the current law is overturned.
The country and the world is watching to how this legislation will be decided. I’ll write more as its reviewed by the House Lords in the upcoming weeks.
More information at Asbestos ruling sees firms face huge claims
James Hardie Asbestos Fund May Run Out
Posted by Mellissa@SokoloveLaw in Exposure, Legal on October 26, 2009
Australian press reported today, the James Hardie asbestos compensation fund may run out of money by mid-2010 according to current figures. In 2006 the company started the Asbestos Injuries Compensation Fund (AICF) to assist victims of mesothelioma and other asbestos-related diseases (developed as a result of asbestos exposure from products they manufactured).
The original fund was 1.8 billion dollars and is currently estimated at 84.2 million dollars. If the fund continues to pay asbestos settlements at the estimated rate, the fund will be depleted in 2010. One consequence could be victims receiving installments rather than full amounts or payments being delayed. Others fear no compensation could result if the fund runs out.
Part of the funding agreement between James Hardie, the AICF and NSW government states the company will contribute either the projected amount owed to victims or 35 per cent of its annual free cash flow. The corporation has not made contributions to the fund because it has not had positive cash flow. Hardie plans to provide an update on settlement funds after November 23rd when they release half-year results. A decision about contributions to the fund will be made in the Spring after their fiscal year ends March 31st.
Victims’ advocates and government officials are urging the government to step in to fill the gap if necessary. All are hoping for a quick resolution so victims and families won’t have to deal with partial payments and delays in addition to the stress of coping with their diseases.
Read more at Asbestos fund could run out by mid-2010
Asbestos Claims Delayed in Australia
Posted by Mellissa@SokoloveLaw in Industry, Legal on October 18, 2009
Australia has two main asbestos manufacturers, James Hardie and CSR. Last week The Australian reported that claims filed by victims suffering from mesothelioma and other asbestos-related diseases have been delayed due to disagreements between these companies. Until last year, James Hardie and CSR had an agreement about compensation for victims exposed to asbestos in products they manufactured.
Since the agreement to share costs is no longer in place, they have been placing undue stress and burden on asbestos exposure victims. The companies have asked victims, who were likely exposed decades ago, to identify which asbestos sheeting and roofing they were exposed to. The arguing between companies has also lead to delays in the settlement of victims’ cases.
Victims suffering from mesothelioma often don’t have long to live and would like to see their cases resolved quickly. Victims, families, and advocates are calling for swifter resolution between James Hardie and CSR.
The Australian article: “Cruel and inhumane” squabble puts asbestos victims in limbo
UK Woman Dies After Landmark Asbestos Case
Posted by Mellissa@SokoloveLaw in Legal, Mesothelioma on October 16, 2009
The High Court ruled that Diane Willmore was entitled to compensation after developing mesothelioma from her asbestos exposure. She was exposed to asbestos while a student at Huyton’s Bowring School during the 1970’s. This is a landmark case because it’s the first time an asbestsos exposure in school case has been ruled for the student. It may bring compensation and relief to other exposure victims.
Mrs. Willmore had been suffering from mesothelioma since 2007 and has been involved with the court case since then. She passed away the day after the court ruled in her favour. Family, friends, and advocates are praising Diane for her courage and how she has affected the lives of others that have been or will be exposed to asbestos in the schools.
Read the story: Mother dies after asbestos payout
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Welcome to the Mesothelioma Resource Center blog - a source of information and support for patients and their families. Learn More
Mellissa Hayon is the Senior Clinical Social Worker at Sokolove Law, and she's here to provide you with the latest information and updates as well as address any questions or concerns you may have.