Mesothelioma Lawsuits in Louisiana

In towns and cities in United States, asbestos claims are increasingly prolific as individuals exposed to asbestos twenty and thirty years ago, today developing and dying from mesothelioma. Mesothelioma is a rare and extremely lethal form of cancer in which malignant cells are found in the protective sac that covers most of the internal organs of the body. Mesothelioma, which is caused by exposure to asbestos, you have more than three decades to strike its victims. Those at highest risk of developing mesothelioma have worked on jobs where they inhaled asbestos particles, or have been exposed to asbestos dust and fibers in other ways.

Today, a growing number of mesothelioma cases have been successful in recovering hundreds of millions in compensation for the tens of thousands of victims of mesothelioma. Compensation is paid by the companies that made these asbestos products, and enables victims to cover their medical expenses and be compensated for their pain and suffering.

The current focus of concern for victims of asbestos is New Orleans. In the post-Katrina New Orleans and the entire state of Louisiana is experiencing a boom in construction - a company famous for its use of asbestos products. Post-storm rehabilitations of homes, large-scale demolitions, and even just the ubiquitous roofing jobs are currently thousands of asbestos exposure. Despite these dangers, however, Congress is considering a bill that would prevent someone with cancer as a result of Katrina, after exposure to asbestos to get financial aid.

The introduction of the bill is being driven by demands for reform of liability between the asbestos-related industries. Financially crippled by increasingly high rewards to asbestos victims, these industries want a cap on their liability. They cite a recent demand for asbestos in Louisiana, where the owners who purchased asbestos-contaminated fill dirt sued the contractor who sold them the land and the oil company, where the soil has been removed. Although none of the plaintiffs have yet become sick, a jury awarded them compensatory and punitive damages, because of their fear of harm (rather than actual harm). The sentence was upheld by a Louisiana appeals court, which ruled that any exposure to a harmful substance, no matter how small, would justify a lawsuit.

The new bill set for debate by Congress in February, put an end to the asbestos claims. The bill seeks to protect companies with asbestos liability from further lawsuits by paying into a government administered trust fund, that the screen claimants through established medical criteria. The victims were awarded compensation based on the severity of their disease. The bill specifically states that the fund does not cover victims of environmental exposure and the neighborhood, with the prime example is after the victims of Katrina in New Orleans and throughout Louisiana. The bill is widely opposed by the medical community, as well as trade unions and civil rights activists, particularly in the state of Louisiana.