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About $3 Million Secured for Mechanic in Mesothelioma Settlement to Date

Written by Jason Wentworth
Tuesday, 15 June 2010 22:00
After working as a truck brake repair foreman and supervisor for more than 30 years, a former New York City man’s retirement years were no longer focused on enjoying his golden years with his wife and family, but having to face the devastation of the news he had been diagnosed with pleural mesothelioma (also known as lung mesothelioma), an asbestos cancer.Despite his tragic diagnosis, the former New York resident continues to survive a disease that typically claims the lives of mesothelioma patients within the first year of diagnosis.  He and his family have also been able to benefit from lawsuit settlements of approximately $3 million in the eight years since he was first diagnosed with mesothelioma cancer.

As part of his deposition testimony obtained by Weitz & Luxenberg, the New York City law firm representing him in his asbestos cancer lawsuit, he explained his work in a military Reserves mechanic shop and how he was exposed to dangerous asbestos dust on the job.

He worked as a mechanic from the early 1950s until the 1980s.  He recalled working on brake shoes and brake linings on both 4-wheel and 10-wheel vehicles, and explained the process of removing wheels, brake pads and brake shoes before replacing the pads and how his work was doubled when repairing brakes on 10-wheel vehicles (which require two sets of brake shoes for each wheel).  He also recalled that part of the repair job would require re-assembling the wheel and testing it: “…that way it would tell me whether…we’re going to have any problems with that brake shoe.”

Exposure to Asbestos Dust

His work as a brake repairman required him to use a tool called a rasp to file down brake shoes so they would fit properly.  “You have a fine file, would take off — would more or less smooth out the roughness that you just performed.”  He also recalled using dust brushes to remove dust from the brakes he repaired.

In the man’s testimony, he also recalled that he was not provided with work uniforms, but instead wore street clothes on the job.  He also testified his job duties required him to clean his work bay, and that cleanup work involved sweeping up the dust from brake repair jobs.

Tragic Health Consequences

In August 2001, the man underwent lung cancer surgery where the man was told “I have cancer of the lung, the outside portion of the lung, which they claim is not curable.”  He described his surgery, where his surgeon “scraped off the cancer on the lining of the lung…,” and repeated that his “surgeons stated that they could only take a small portion” of the incurable lung cancer tumor.

The effects on his life since his asbestos cancer diagnosis cause him worry about his wife of 53 years, his children, grandchildren and great grandchild that was born at the time his deposition testimony was obtained.

While he and his wife now live in Florida, he knows his illness will complicate his ability to travel to visit his children, grandchildren and new great grandchild, including then upcoming plans to travel to Arizona to attend his great grandchild’s christening.

About Malignant Mesothelioma

Malignant mesothelioma can also affect the lining of the abdominal cavity. This is known as peritoneal mesothelioma. As with pleural mesothelioma, the mesothelioma symptoms of peritoneal mesothelioma typically appear decades after exposure to asbestos has taken place. Presently, there is no cure for mesothelioma. However, there are a number of mesothelioma treatment techniques that can be effective during the early stages of mesothelioma. The mesothelioma treatment photodynamic therapy (PDT) is a form of treatment that uses light of a specific wavelength to kill mesothelioma cancer cells. Like other mesothelioma treatment techniques, PDT has side effects. One side effect is that it can also kill healthy cells that are near the cancer cells.

Weitz & Luxenberg Mesothelioma Attorneys can help

Weitz & Luxenberg mesothelioma lawyers are among the leading mesothelioma lawyers in the U.S. The firm has been specializing in mesothelioma cancer cases since 1986 and has won millions of dollars for thousands of people suffering from mesothelioma. Weitz & Luxenberg accepts mesothelioma cancer cases from all regions of the U.S. and certain regions of Canada. Weitz & Luxenberg asbestos lawyers have been recognized as the “Best Lawyers of New York” by New York Magazine. To learn more about a Weitz & Luxenberg mesothelioma attorney, visit http://www.weitzlux.com. To learn about jobs that involve the risk of asbestos exposure, visit http://www.mesotheliomajobs.com.

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Last Updated on Thursday, 05 August 2010 21:58

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