Finding a Good Lawyer Sucks – PART 1

February 11th, 2014. By AbiK

This one may get ugly…it’s the personal saga of yours truly as I embark on the process of hiring the right personal injury attorney—for real! The attorneys I’m reaching out to do not know I work for a legal news website. So I’ve got no special “in” here and will live this process just as everyone who clicks that “submit claim” button does. Only, to be fair, I’m not submitting a claim here, where I work. Ready to come along for the ride?

The Beginning: I think I need a lawyer.

It happens. One day, you say the words, “Maybe I should talk to a lawyer.” There’s an uneasiness in your stomach as the words flow from your lips. But you’ve reached that point where, for whatever reason, you need—and are ready to pursue—legal help.

You might think your next step would sort of be like what you’d do if, instead, you had said something like, “Guess I need to get the car checked.” No. That would be too easy: Pick up the phone. Schedule a time to bring the car in. Done. A pain in the a$$, but easy.

No. When you need to find a good lawyer, you start to feel more the way Rose might in a Dr. Who episode—you know, the parts when she’s all like “But why Doc-tuh?…Doc-tuh?…Doc-TUH?!?” And there’s Rose standing helpless and clueless in the middle of some street while “Doctuh” has disappeared.

And I’m not talking about trying to find your run-of-the-mill divorce lawyer or the lawyer who writes up your will. No disrespect to those folks—but their work, while important and at times quite messy, is pretty straightforward. You know the end goal and pretty much how to get to it. And, chances are, you can get a few good referrals right from your circle of friends. No, I’m talking about needing a personal injury attorney. Things start to get murky when you’re in the land of “harm”, “damages”, “wrongdoing”, and the ever-popular “pain and suffering”.

So here I am, muttering that “get a lawyer” phrase and…I’m stymied. Yep. Don’t know where the hell to start. And here’s the part I want y’all to remember: I WORK IN THE LEGAL INDUSTRY. So for those of you who do not, and who are either on this journey or have been on it, please know I have no special “in” that I’m using and yes, I really am feeling your pain. Really.

Now, before you even get to picking up your mobile to dial 1-800/888/877/866-INJURY-NOW or whatever cute & catchy vanity phone number you saw as you blew by that billboard on Route You-Name-It, you hesitate. You don’t even know if you SHOULD call an attorney, right?

Maybe you’re overreacting. Being a bit prickly. A wuss. After all, people (the media?) always tend to show potential plaintiffs in the worst light: we’re all opportunists (hot coffee lawsuit anyone?). Or, we just don’t suck it up. So there’s that stigma to reconcile with yourself at the outset. And let’s face it, most people really don’t want to be litigious. It’s too…confrontational.

Then, there’s all that imagery of advanced learning—framed certificates of this or that, suits & ties, mahogany everywhere and built-in bookcases with series upon series of books that all have that same monotonous red & gold leaf binding. Who are these people? And who the hell wears a suit all the time anymore?

It’s off-putting. You feel self-conscious, insignificant, daunted and on the defensive before you’ve even opened your mouth or shaken any hands. Why is it that those legal help billboards scream “Come On In!” and yet for some reason you still don’t feel that welcome feeling? As someone whose background is in marketing—yea, I drank the “consumer’s always right!” kool-aid and am a strong believer in transparency—if I had the option to shop elsewhere for legal help—for example, maybe my mother-in-law who’s been known to put up a good fight (and has no problem stating her mind) would like to represent me. I’d get her on contingency. But there’s that lousy requirement about being admitted to the bar. Excuse me, The Bar.

So here we go. I’ve weighed the pro’s and con’s—as much as I know of what those could possibly be—and I’ve decided to go for it. I’m going to find an attorney! I’m going to right the wrong!

Not so fast.

You thought you’d walk into the lawyer store and pick one off the shelf, eh? Thought they’d have your fit, size and color right there for the taking? Silly you. Well, actually, not silly you–after all, that’s sort of how you find a doctor, right? You figure out what part of you ails and you get a doctor who works on that part.

Ahh, but just try to let your fingers do the walking in the Yellow Pages (online edition, of course) for a lawyer, it’s not like they’re listed by the lawsuits they work on. Go ahead and see for yourself. Search for “lawyer” and you’ll be given some options to further filter your search. One of those options is “Personal Injury Attorney”. Think you’ve found your match? Think again!

No—the lawyer who argues the case about Yaz birth control is NOT the same guy (or gal, we don’t discriminate here) who argues your wrongful termination case and is NOT the same guy/gal who even might argue your egress/regress employment issue! And see—I’ve already started with the jargon—WTF is egress/regress?!? (Yes, I know what it is…I’m making a point.)

That will be your first surprise. Which you won’t necessarily know unless you actually MAKE CONTACT with someone at the law firm you’re trying to connect with, and they tell you in so many words that you’ve got the wrong address (aka, the proverbial “I don’t really handle those cases” line that tells you you’re not welcome there, but does not quite tell you where you should be.)

Frustrated yet? And you’ve only just begun (nod to The Carpenters).

So, first, you need to know what your problem is. It’s not all that difficult, but no one REALLY explains that well up front. So, if it’s employment-related, you need an employment lawyer (in your state of employment, I might add). If it’s a medical device problem, you need a medical device attorney. Tracking with me? Good.

So that’s where I am in this process. I’ve figured out my problem, figured out the kind of attorney I’m looking for, and now I’ve started to reach out to them. IMPORTANT NOTE: The easiest/best thing for me to do would be to submit a claim form to request legal help right here on LawyersandSettlements.com (shameless plug)—after all, my claim would go to at least three good lawyers—shotgun style! I like that! But, again, that would be too easy and I don’t sh*t where I eat… So I’m out on the “open market”, so to speak.

I won’t name names throughout this process. But come along with me and we’ll share our pain. And we’ll ask the question (quite often I might add): Why is it so hard to find a lawyer? And maybe, just maybe, we’ll make it better somehow.

Stay tuned.

 

Asbestos News Roundup: 2.6.14 – Navy Vets & Asbestos

February 6th, 2014. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.

Navy Veterans at Risk for Asbestos

US Navy Veterans are at a particularly high risk for asbestos-related disease, due to their asbestos exposure while working on navy ships undergoing refits. But because asbestos-related disease can take up to 30 years or more to manifest, it is often detected long after men have left the Navy.

The states with the most US Navy Veterans include California, Florida, New York, Texas, Ohio, Michigan, Arizona, Massachusetts, Washington, Maine, Oregon, Arizona, Illinois, Wisconsin, Iowa, Pennsylvania, Montana, Kansas, North Dakota, Hawaii, Nebraska, and Mississippi.

US Navy Veterans are not the only group of workers at high risk for asbestos exposure. Men and women who worked in power plants, manufacturing factories, chemical plants, oil refineries, mines, smelters, aerospace manufacturing facilities, demolition construction work sites, railroads, automotive manufacturing facilities, or auto brake shops may also have been exposed to high levels of asbestos.

Asbestos Lawsuit

Edwardsville, IL: John Reidy, a plumber from Florida, and his wife, have filed an asbestos lawsuit alleging negligence, willful and wanton conduct, failure to warn, and negligent spoliation of evidence, on the part of the defendants.

John Reidy began his career as a plumber and boiler tender while serving in the U.S. Navy in 1951, the lawsuit states. After leaving the military, Reidy continued in the plumbing industry, working for various employers until 1996. During the course of his career, he installed and maintained furnaces, boilers and cement pipe, and it was through this work, the lawsuit claims, that Reidy was exposed to and inhaled asbestos fibers. He now has asbestos mesothelioma.

The lawsuit contends that the defendants should have known of the presence of asbestos and dangers involved in working with the asbestos-containing products. Further, the lawsuit alleges that John Reidy developed mesothelioma as a direct result of working with those toxic asbestos-containing products, “which has disabled and disfigured him.”

The plaintiffs further claim allege that the defendants at one point held documents and information relating to identification of asbestos-containing products, locations where those products were sold, identity of manufacturers and knowledge regarding the hazards of asbestos. However, the whereabouts of those documents are now unknown.

“It was foreseeable to a reasonable person/entity in the respective positions of defendants that said documents and information constituted evidence, which was material to potential civil litigation, namely asbestos litigation,” the lawsuit states. The lawsuit had originally named 40 defendants, however the list has dwindled to a handful of names including Crane Co., Bryant Heating & Cooling, Carrier Corporation, Burnham LLC and Nibco, Inc. (legalnewsline.com)

Asbestos Settlement

New York, NY: Bubblewrap manufacturer, Sealed Air Corp., has paid $930 million in cash into a trust for asbestos victims, the company said in a statement this week. The payment resolves a claim that arose after Sealed Air bought a business from W.R. Grace & Co., which filed for bankruptcy after facing millions of dollars in asbestos claims.

W.R. Grace, manufacturer of Zonolite Insulation which contains vermiculite asbestos, and former owner of an asbestos mine in Libby Montana, emerged from bankruptcy this week after nearly 13 years, which cleared the way for Sealed Air to pay the settlement.

Sealed Air also paid 18 million shares of Sealed Air common stock, with a value of more than $540 million, based on current share values.

The claims against Sealed Air arose after its 1998 purchase of Cryovac, a flexible packaging business, from W.R. Grace. Some plaintiffs accused W.R. Grace of fraudulently transferring assets to Sealed Air “to the detriment of creditors holding asbestos claims against Grace.”

In 2002, Sealed Air agreed to pay $512 million to settle the claims, but that agreement was held up by 13 years of litigation over the W.R. Grace bankruptcy, and is believed to be the longest-running bankruptcy in U.S. history.

Sealed Air’s payment grew to $930 million because of interest. The total value of the W.R. Grace-related asbestos trusts, which will be used to pay people injured by asbestos, is almost $4 billion. (northjersey.com)

Libby, MT: U.S. Sen. Max Baucus announced this week that a pilot program that provides medical and other services to victims of asbestos exposure will be expanded to include 18 additional counties in Montana, Idaho and Washington.

The program offers home assistance, mileage reimbursements for medical travel and other benefits to people with asbestos-related diseases that have been linked to a closed W.R. Grace, Inc. vermiculite mine in Libby.

Previously, the program had been available only to people in Lincoln and Flathead counties when it was established under the Affordable Care Act. Baucus says it will help people who moved away from Libby. (claimsjournal.com)

Libby MT: The cost of cleaning up 39 asbestos-contaminated sites in 21 states has cost W.R. Grace & Co. more than $63 million, which it paid to the government this week. The payment is part of WR Grace’s bankruptcy reorganization plan, put into place after the firm and 61 affiliates also filed for bankruptcy in April 2001.

The Environmental Protection Agency sued W.R. Grace in 2003, seeking reimbursement for the costs of cleaning up asbestos and other pollution caused by the company. According to statements released by the Justice Department, about $54 million of the $63 million went to the EPA and $9 million to other federal agencies.

“Cleaning up toxic pollution in communities is the responsibility of the company that created it, not the American taxpayer,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. In 2008, W.R. Grace paid the EPA $250 million to settle claims that it contaminated the small and now infamous town of Libby, Montana, with asbestos.

According to the Justice Department , the $54 million payment to the EPA will reimburse the agency for cleanup costs associated with the following Superfund sites: Acton Plant in Acton, Mass.; Amber Oil in Milwaukee; Aqua Tech in Greer, S.C.; Big Tex Site in San Antonio, Texas; Blackburn and Union Privileges in Walpole, Mass.; Cambridge Plant in Cambridge, Mass.; Casmalia Resources in Santa Barbara, Calif.; Central Chemical in Hagerstown, Md.; Galaxy/Spectron in Elkton, Md.; Green River in Maceo, Ky.; Harrington Tools in Glendale, Calif.; Intermountain Insulation in Salt Lake City; IWI Site in Summit, Ill.; Li Tungsten in Glen Cove, N.Y.; Malone Services Co. in Texas County, Texas; Massachusetts Military Reservation in Barnstable County, Mass.; N-Forcer Site in Dearborn, Mich.; Operating Industries Inc. in Monterey Park, Calif.; R & H Oil/Tropicana in San Antonio; RAMP Industries in Denver; Reclamation Oil in Detroit; Robinson Insulation in Minot, N.D.; Solvents Recovery Service of NE in Southington, Conn.; Vermiculite Exfoliation Site in Nashville; Vermiculite Expansion Site in High Point, N.C.; Vermiculite Intermountain in Salt Lake City; Vermiculite Northwest in Spokane, Wash.; Watson Johnson LF in Richland Township, Pa.; Wells G & H (Source & Central Areas) in Woburn, Mass.; Western Minerals Processing in Denver; Western Minerals Products in Minneapolis; W.R. Grace in Weedsport, N.Y.; Zonolite in Wilder, Ky.; Prince George’s Co., Md.; Hamilton Township, N.J.; Ellwood City, Pa.; and New Castle, Pa.; Zonolite/W.R. Grace in Easthampton, Mass.; and Zonolite Road in Atlanta. (courthousenews.com)

 

Asbestos News Roundup: 1.30.14 – Second Hand Asbestos

January 30th, 2014. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.

Second Hand or Third Party Asbestos Exposure

Recently, it has become apparent that people can be affected by asbestos-caused diseases through secondary or passive exposure.

Also known as second-hand asbestos exposure or “take home” asbestos exposure, passive asbestos exposure refers to exposure to asbestos fibers that become embedded on a person’s clothing or in their hair—from either another person who has been in direct contact with asbestos or from indirect circumstantial exposure to asbestos.

For example, cases of second-hand asbestos exposure were recently reported by wives and children of men who worked in the shipyards in World War II. The workers were exposed to large amounts of damaged or “friable” asbestos while on the job, and their wives became came ill following exposure to asbestos fibers that had become lodged in the workers’ clothing. Over the years, the constant inhalation of these fibers resulted in the development of asbestos-related diseases. Case in point, the recently filed asbestos lawsuit concerning Gladys W. Williams, highlighted below.

And there have been asbestos lawsuits filed by children of men who worked around asbestos, and who developed asbestos-related illnesses.

Secondary asbestos exposure is also possible by living in a community or area located near an asbestos mine or a company that manufactures asbestos or products containing asbestos. Many older buildings may also contain asbestos insulation, including schools.

Asbestos Lawsuit

Asbestos Lawsuits and Smokers

New York, NY: Lung cancer cases are on the rise in asbestos litigation. In a report by <i>Legalnewsline,</i> Lester Brickman, professor of law at the Benjamin N. Cardozo School of Law at Yeshiva University, notes that the 60-plus asbestos trusts in the US, operating a system of more than $36 billion, will pay claimants who can get a doctor to prove they have asbestos damage to the linings of the lungs even if they were or are smokers.

“What’s happened is the trusts are paying a claimant, a smoker, who can show occupational exposure to asbestos and can get a doctor to say the lungs indicate occupational exposure,” Brickman said.

According to Brickman, claimants don’t apply to one trust only, but rather receive money from 15 to 20 trusts. Alongside of this, people with asbestos lung cancer can also file a tort claim, which may also result in a settlement. And these asbestos lung cancer lawsuits are on the rise. Brickman cites the recent suit filed by the nine-term Congresswoman Carolyn McCarthy, who has taken a leave of absence while she is being treated.

Filed in October, McCarthy claims she was exposed to asbestos fibers through her father’s and brother’s work clothing when she was a child, also known as third-party exposure, second hand asbestos exposure, or take-home asbestos exposure. Both men worked as boiler makers. She also claims to have visited her brother and father at their various work sites over the years.

This type of asbestos exposure happens as a result of workers, who are exposed to asbestos at work and not realizing, wearing their work clothing home which is embedded with toxic asbestos fibers. Those fibers can also get into their cars. And, their families are then exposed to the asbestos fibers through exposure to their clothing – often through doing laundry, and their cars.

In her asbestos lawsuit, McCarthy has named some 75 defendants, 25 of which have responded to the lawsuit.

Call for Experts: Mass Tort Attorneys for High-Profile Case Interviews

January 30th, 2014. By admin

At LawyersandSettlements.com, we often interview subject matter experts—both attorneys and non-attorneys—for insight on current mass tort litigation. Many of the attorneys we interview are those we run into at conferences such as Mass Torts Made Perfect and the Annual AAJ convention. If you’re an attorney with specific practice area expertise and you’d like to be interviewed by our journalists, we’d like to hear from you. Simply contact us at , or call us at 888-881-7330.

Interviews at LawyersandSettlements.com are a great way to help spread the word on, and keep the general public informed about, important cases you’re working on—while boosting online visibility for you and your firm.

 

 

Asbestos News Roundup: 1.23.14 – CA Drought Conditions, Wildfires & Asbestos

January 23rd, 2014. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.

California Wildfire Asbestos Exposure 

Drought conditions are never a good thing–but they’re even worse when they lead to the increased potential for wildfires. As wildfires potentially devastate homes in southern California, many people may be faced with cleaning up and rebuilding, and may be at risk for asbestos exposure. Across California, asbestos was used heavily in many building materials up until the mid-1980s. If these asbestos containing materials are disturbed through renovations or demolitions, or become friable with age, the asbestos may become airborne and spread throughout a property. Eventually these asbestos fibers will settle and may contribute to dusts found in buildings. This puts people working or living in those buildings at risk for asbestos exposure, without their knowledge.

According to the U.S. Environmental Protection Agency (EPA), “Asbestos fibers may be released into the air by the disturbance of asbestos-containing material during product use, demolition work, building or home maintenance, repair, and remodeling.” The EPA goes on to report, “Exposure to asbestos increases your risk of developing lung disease. That risk is made worse by smoking. In general, the greater the exposure to asbestos, the greater the chance of developing harmful health effects.”

In 1987, asbestos was added to California’s Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Proposition 65. Prop 65 lists chemicals known to cause cancer, birth defects or other reproductive harm to people living in the state of California.

Asbestos Lawsuits

Olympia, WA: Washington’s Workers’ Compensation law, known as the Industrial Insurance Act, is under fire over a mesothelioma victims’ lawsuit alleging The Boeing Company “deliberately intended” to harm him because it knew of the dangers involved with asbestos in the work environment.

In the case at hand, claimant Gary Walston worked at The Boeing Company’s hammer shop in Seattle from 1956 until 1992, where he fabricated metal airplane parts. While he claims he worked with and around asbestos-containing products throughout his career, there was a time period in 1985 where crews were repairing pipe insulation containing asbestos directly above Walston’s work station.

The insulation workers wore what Walston’s co-workers called “moon suits” for protection, but hammer shop workers continued working without protective clothing or respirators.

The hammer shop workers allegedly requested protection but were told to return to work but try to avoid working directly under the overhead repairs as dust and debris fell on the workers below.

Walston was diagnosed with mesothelioma in 2010. He and his wife filed suit against his employer. Boeing moved for summary judgment dismissing Walston’s claims, arguing employer immunity under the exclusivity provisions of the IIA. (Legal Newsline.com)

Asbestos Settlements

Cleveland, OH: Forty-year old John Panza, an English professor at Cuyahoga Community College and drummer with a popular Cleveland rock trio, Blaka Watra, has been awarded $27.5 million in settlement of his asbestos mesothelioma lawsuit. The settlement is reportedly the largest award of its kind ever in Ohio.

Panza was diagnosed with mesothelioma in 2012, resulting from prolonged second-hand or take home exposure to clothing worn by his father, who picked up the asbestos dust at his job at the Eaton Airflex brake company. John Panza Sr., 52, died of lung cancer in 1994. He had worked at Airflex for 31 years, and previously served as president of the company’s union.

The asbestos brake pads were manufactured by the former National Friction Products Corp. John Jr. and his wife Jane, filed suit against Kelsey-Hayes Co., the Michigan-based successor to National Friction Products, and the lone remaining defendant at the time of the verdict, returned December 18, 2013.

The verdict breaks down the settlement as economic damages of $515,000 and $12 million in non-economic damages. The jury also awarded Jane Panza, who is just 37, $15 million for her loss of consortium claim, or the deprivation of the benefits of a family relationship due to her husband’s asbestos mesothelioma.

The eight-member jury attributed 60 percent of the liability to Kelsey-Hayes, finding that the company’s brake products were defective and primarily responsible for causing Panza’s cancer.

The Panza’s testimony was emotional, according to the judge. The couple went to high school and attended college together They have a 6-year-old daughter.

Prior to the trial, Panza underwent four separate surgeries and almost died, said John Mismas, one of Panza’s lawyers. Panza’s right lung was removed, and the invasive cancer is almost certain to eventually spread to his left lung, he said. “He’s going to die,” Mismas said.(thecleveland.com)

Los Angeles, CA: An $11million asbestos mesothelioma settlement has been awarded to the family of Gordon Bankhead. The plaintiffs alleged their father and husband was exposed to asbestos dust through his work with vehicle brake parts and that the defendant company’s liability was the cause of wrongful death which led to the loss of companionship for family members of the Mr. Bankhead.

According to the asbestos lawsuit, Gordon Bankhead worked as a parts man from 1965 to 1999 in the service and repair of heavy duty vehicles. He handled asbestos-containing brakes regularly, and was present for the inspection, replacement, grinding, and blowing out of asbestos-containing brakes. All of these activities caused him to breathe deadly asbestos dust. Defendant Pneumo Abex manufactured many of the brake linings Mr. Bankhead was exposed to.

This was the second trial regarding the Bankhead family and defendant Pneumo Abex. The jury in the first trial, on liability, found Defendant Pneumo Abex 30% liable. The jury found that Pneumo Abex’s asbestos-containing brakes were defective, and that Pneumo Abex negligently, intentionally, and maliciously caused Mr. Bankhead’s mesothelioma, from which he died at age 68.

The jury awarded Mr. Bankhead $1,470,000 for his past and future economic loss, and $1,500,000 for his pain and suffering. The jury also awarded his wife, Emily Bankhead $1,000,000 for her loss of her husband’s support and companionship. The jury found that defendants’ actions were malicious, fraudulent, and/or oppressive and awarded $9,000,000 in punitive damages against Pneumo Abex. Pneumo Abex appealed the verdict, which was subsequently upheld.

Mr. Bankhead’s death gave rise to a new case to compensate his family for their loss of his companionship. In this second trial, which commenced January 13, 2014, Pneumo Abex was not allowed to dispute its responsibility for Mr. Bankhead’s death. The jury was not told the reasons for Pneumo Abex’s liability, nor were they told about the circumstances of Mr. Bankhead’s death. The jury was tasked with deciding the full amount of Mr. Bankhead’s widow’s and daughters’ losses due to his wrongful death 17 years before his life expectancy. The Bankheads did not seek funeral expenses and other economic damages.

The second trial took just 2 days, resulting in a gross verdict if $11,000,000, and a net verdict of $3,300,000, non-economic damages of $6 million were awarded to Emily Bankhead, and $2.5 million to Tammy and Debbie Bankhead individually. (juryverdictalert.com)