by: Wendy Moyer
Many asbestos manufactures and other companies that used asbestos in their products have known about the dangers associated with asbestos exposure since the early part of the twentieth century. Nonetheless, because of its unique properties, the demand for products that incorporated asbestos continued to grow for many years. And these companies continued to do whatever they could to satisfy that demand.

Demand for asbestos peaked between World War II and the Korean War.

By then millions of asbestos workers had been exposed to asbestos fibers. And countless millions of people who were not in the industry were exposed to the substance in their offices, schools, homes, and automobiles.

Asbestos companies and insurance companies were well aware of the dangers associated with asbestos inhalation for many years. Yet they chose to hide the evidence and deny any wrongdoing on their part. Instead, these companies chose to put their workers health at risk in their pursuit of profit.

Things changed dramatically in 1971 when a Federal court reviewed a product liability case and issued the first verdict against an asbestos manufacturer. The court also decided to award the employee who filed the complaint damages.

Subsequently the ruling was appealed. However, the verdict was upheld.

This seemed to open a floodgate to asbestos litigation.

Even in the face of this decision asbestos companies chose to fight back.

Instead of acknowledging all of the detrimental effects exposure to asbestos had wreaked on their workers lives, manufactures instead decided to defend against the rising flood of complaints. Instead of doing things that could protect their workers, things that could help to alleviate the dangers their employees faced at work every day, the manufacturers “battened down the hatches”, denied responsibility, and “dug in”.

The courts continued to rule against asbestos manufacturers and continued to award payments to the workers who were losing their health, their livelihood, and their lives.

With ever increasing award payments and legal bills, asbestos companies searched for a different approach. Bankruptcy seemed to be a solution.

UNARCO and Johns Manville were the first asbestos companies to file for Chapter 11 bankruptcy protection in 1982. Since that time in excess of eighty companies have filed for bankruptcy.

Companies that declare bankruptcy seemingly as an attempt to reorganize their finances and buy some time. Ostensibly this is so they can pay the liability claims for asbestos that the courts have awarded.

When a company files for Chapter 11 protection, the filing will suspend any future or pending lawsuits against that company for the duration of the bankruptcy case. The company essentially asks the court to authorize a plan that will include the establishment of a settlement trust fund.

The company’s strategy will redirect on any future claims that are filed against company to the trust.

The asbestos bankruptcy trust funds that have been established operate under rules that make sure that the funds within them are available for claims in the future. Over $30 billion has been made available within these trusts.

This can actually benefit people who have suffered from an asbestos related disease but who have missed the time frame within which they should have filed a lawsuit. That’s because even if the statute of limitations has passed for filing a claim against a company the window still could be open for filing a lawsuit against the trust.

Veterans who served in the army, navy, air force and marines before 1970 are a high-risk group for mesothelioma, a type of cancer caused primarily by exposure to asbestos. It is estimated that at least 30 percent of those suffering with asbestos-induced mesothelioma are American veterans. In the 1970s the government began regulating the use of asbestos, but previous to that, asbestos was widely used in military buildings, equipment, submarines and ships. World War II veterans are at an especially high risk for developing asbestos-induced mesothelioma.

What is Asbestos-Induced Mesothelioma?

Mesothelioma is a cancer affecting the mesothelium, a fine protective lining that covers the majority of the body’s organs. It is believed that 90 percent of mesothelioma cases are caused by asbestos exposure. The tiny fibers of asbestos bury themselves deep inside the lining, usually around the lungs and chest cavity. If asbestos gets into the mouth and is swallowed, mesothelioma can also develop in the abdomen.

Asebestos was often used in insulation, building materials, and ships, and people who worked in construction, building demolition, shipyards or the military prior to government asbestos regulations are at risk for asbestos-induced mesothelioma.

Mesothelioma takes an exceptionally long time to develop, often not showing up for 30 to 60 years after exposure. Because of this, many people are just finding out today that they are suffering with asbestos-induced mesothelioma, even though the government now regulates the use of asbestos. That is why it is essential that veterans who served prior to 1970 be screened regularly for mesothelioma.

Asbestos-Induced Mesothelioma in Navy Veterans

Navy veterans are at a greater risk than those who were involved in other branches of the military because of the wide-spread use of asbestos in military ships. All areas of navy ships built before the government began regulating the use of asbestos increased exposure including boiler rooms, mess halls, sleeping quarters, navigation rooms, and engine rooms. The families of those who served in the navy were also at increased risk of asbestos-induced mesothelioma because of asbestos fibers carried home on the clothes of navy veterans.

If a veteran believes he or she may be at risk for asbestos-induced mesothelioma, he or she needs to be checked regularly. Also, veterans rights organizations are advocating that the government take steps to help veterans who are suffering from mesothelioma or may be at risk.

Overlooking Mesothelioma poses higher risks since it deters diagnosis and treatment. A person under treatment must know the different stages of cancer or the extent of the disease. The chances of recovery of mesothelioma and type of treatment depends on the stage of disease. There are two main systems used for the staging Pleural Mesothelioma (lungs): TNM system and Brighan. These systems of staging are also used in other types of cancers, but the first is commonly used. There is no established method to determine the stage of the Peritoneal Mesothelioma cancer (abdominal) so the TNM system is used.

There are three variables in the TNM system: tumor, lymph nodes and metastases. In the first stage of mesothelioma, Phase I, the malignant mesothelioma cells begin to grow and multiply only one layer of the pleura. The pleura is the membrane that surrounds the lungs and lines the wall of the chest cavity. However, there are some cases where the pericardium (membrane covering the heart) and diaphragm cover are already affected. In this case, the cancer patient is still in stage I Mesothelioma.

In the second step, the two layers of the pleura are already affected by Mesothelioma. Please note however, that in this stage, only one side of the body is affected. Normally, the pleura produces only small amounts of lubricating fluid which helps to expand and contract the lungs. The excess fluid is absorbed by blood and lymph vessels, then there is a balance between the quantity of liquid product and removed. During the second stage Mesothelioma, fluid starts to develop between the membrane of the lungs and the membrane of the chest wall, resulting from the pleural effusion. The increase in the volume of fluid produced causes shortness of breath and chest pain. Other Mesothelioma cancer patients and dry cough. Diagnosis of pleural effusion is achieved through a chest x-ray.

Stage III Mesothelioma means that the malignant cells have already spread to the chest wall, esophagus and the lymph nodes on one part of the chest. The patient may suffer severe pain near the parts affected. When not treated immediately or when the Mesothelioma patient doesn’t respond well to medication, the cancer may advance to the fourth stage. The fourth stage Mesothelioma is formidable since at this stage the Mesothelioma cells have penetrated into the bloodstream and other organs in the body like the liver, the bones and the brain. The lymph nodes on the other side of the chest may also be affected by Mesothelioma in stage IV.

Brighan staging system, on the other hand, determines whether the Mesothelioma can be surgically removed or not and whether the lymph nodes are affected or not. In stage I Mesothelioma, the lymph nodes are not yet affected and the patient can still recover through surgery. In stage II, surgery can still be executed but some lymph nodes have already been infiltrated by the cancer cells. In stage III, the heart and chest wall are already affected; thus, surgery is no longer advisable. The lymph nodes in this stage, however, may or may not be affected. In the final stage, stage IV Mesothelioma, cancer cells have already gone to the bloodstream and other parts of the body like the heart, brain, bone and liver. In most cases, a patient who has reached stage IV Mesothelioma only has four to twenty-four months to live.

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