About $2.8 Million Secured for Powerhouse Worker in Mesothelioma Settlement to Date

Written by Jason Wentworth
Wednesday, 16 June 2010 19:22
A Brooklyn man who worked for the New York Transit Authority for over 35 years was diagnosed with asbestos-related cancer almost 15 years after he retired.  Since the man’s lawsuit was filed eight years ago, he has survived despite being diagnosed with a form of asbestos cancer that usually claims the lives of many asbestos cancer patients within the first year after their diagnosis.

As part of his deposition testimony obtained as part of his asbestos cancer lawsuit, his lawyers at Weitz & Luxenberg have helped the elderly couple to seek justice.  In the eight years since his diagnosis, the New York City-based law firm has obtained asbestos lawsuit settlements of approximately $2.8 million for the benefit of the couple, their children and grandchildren.

Asbestos Exposure at Transit Authority Powerhouses

As part of the man’s deposition testimony obtained in his case, he related his job duties at several powerhouses serving the city’s commuter rail system.  He stated his job duties as a maintainer/helper required him to clean out dusts that collected on the electrical equipment and generators at the powerhouses: “We blew out transformers, they were covered with…asbestos…I’d have to wipe them down and sweep up the mess that’s on the floors.”

He also testified that he cleaned generators when they came off the line, and also cleaned generators, rectifiers and transformers during rotating monthly shutdowns of powerhouses serving the Transit Authority.”

The man also recalled that his job duties required him to “blow out” the machines:  “[I] got the dust off them, cleaned them up, maybe changed the brushes.  The brushes were getting too short, you changed the brushes.”

Health, Financial and Emotional Implications for the Family

The man relayed a frightening turn of events that occurred in January 2002.  After falling asleep while watching television one night, he woke up and attempted to get up to go to bed.  He collapsed and was subsequently taken to the hospital in an ambulance.

After undergoing surgery, he was told there was “a growth on [his] back, either on my lung or my spine.”  Since the surgery, he has required assistance from walkers and wheelchairs to get around and described his condition after his surgery as “since then, I’m like this.”

He recalled that before his surgery and diagnosis, he used to enjoy both golfing and bowling.  He also did the banking and grocery shopping for the family, and stated these household tasks were now done by his elderly wife with the assistance of his daughter.

At the time of his deposition, the man and his wife’s sole income came from his pension of $1,700 each month, his social security benefits of $800 per month and his wife’s social security payment of approximately $500 each month.

The Risk of Asbestos Cancer

Workers in many industries are at risk of developing asbestos illnesses such as lung cancer and mesothelioma cancer. This is because asbestos was used in many products due to the fact that it does not burn and is flexible. Asbestos has been used in products such as brakes, insulation material, tiles and roofing shingles. As a result, workers such as mechanics, construction workers and electricians are at risk of being exposed to asbestos and developing asbestos diseases.

Mesothelioma symptoms and symptoms of asbestos-related lung cancer typically appear decades after asbestos exposure has occurred. The symptoms that appear depend on the type of malignant mesothelioma a person has. Peritoneal mesothelioma affects the lining of the abdominal cavity and its symptoms are abdominal swelling and problems with digestion. Pleural mesothelioma (or lung mesothelioma) is a cancer of the chest cavity and lung lining. Its symptoms include shortness of breath and chest pain. While there is presently no cure for mesothelioma, there are mesothelioma treatment techniques that are often effective during the early stages of mesothelioma. The mesothelioma treatment technique photodynamic therapy (PDT) uses light to kill mesothelioma 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 21:56

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