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About $2.9 Million Secured for Welder in Mesothelioma Settlement to Date

Written by Jason Wentworth
Monday, 14 June 2010 21:01

A New York man who first worked as a pipe coverer’s helper and later became a welder learned many decades too late that his work-related asbestos exposure would one day result in being diagnosed with mesothelioma cancer, the most serious form of asbestos cancer. While many mesothelioma patients succumb to the illness within months of developing the disease, this man survived for almost eight years after his diagnosis.

In the 1940s, the man started working at a shipyard in Yonkers, where he was eventually assigned to the sheet metal shop.  In his deposition testimony, obtained as part of a mesothelioma lawsuit filed on his behalf by the New York City law firm of Weitz & Luxenberg, he testified he worked alongside both ship fitters and pipe covers, and recalled that workers in both trades handled asbestos materials.  He later trained as a pipe coverers helper, where he recalled mixing asbestos powder in buckets that was applied to piping, and that “the dust would be in the air.”

Several years later, he began to work for a Bronx-based boiler repair company, where the man trained as a welder.  He testified that he worked with fire tube, water tube and cast iron boilers in private homes, apartment buildings and industrial settings.

He recalled working on repairs to boiler access doors, which involved the removal, replacement and repair of asbestos-containing gaskets; repairing steam valves; and repairs to fireboxes.  These jobs are caused him to be exposed to asbestos-containing materials and dusts:  “We had to take out the old asbestos…and then we took the new asbestos packing…but it still contained dust, and it would get on your hands…”

Symptoms of Illness First Noticed

When he was in his 70s, he first began to feel sick and “felt a bump” on his side.  He admitted he delayed getting medical care, as he had been focused on his wife’s serious cardiac health problems.  His wife’s doctor eventually noticed he was not well, and after listening to his lungs, immediately sent him to the hospital for evaluation.

He underwent surgery two days later, and stated that “They had to cut about three or four ribs to pull the tumor out. “  He also said his doctors told him “the tumor expanded…and it collapsed the lung to the size of a pancake… it started to move your heart over.”

Emotional and Financial Stress from his Mesothelioma Diagnosis
Because of his wife’s serious health problems, she is unable to drive or take care of household chores.  Since the couple had no children, the responsibilities for household chores fell on the man’s shoulders.

He testified he previously he enjoyed tending his garden, but has since had to hire someone to take care of his property.  He also had to incur the costs to renovate his home to add a bedroom on the first floor, as neither he nor his wife were able to climb the steps to their former second floor bedroom.

When asked about his worries about his health, his wife’s condition, and the possibility that his wife would outlive him, he sadly stated that “I don’t know what’s going to happen, because there’s nobody to take care of her.”

At the time of his deposition, the only financial resources available to the couple were limited to their pensions and social security—his monthly income was approximately $800 each month, while his wife’s monthly income was approximately $2,000 each month.  However, due to the hard work of his attorneys, through his 8-year battle with mesothelioma and even after his death, the couple was able to benefit from settlement proceeds obtained on his behalf of approximately $2.9 million.

Additional Information on Mesothelioma Cancer

Mesothelioma symptoms typically appear decades after exposure to asbestos has taken place. The symptoms exhibited depend in large part, on the type of mesothelioma a person has. A person suffering from peritoneal mesothelioma (cancer of the lining of the abdominal cavity) can exhibit symptoms such as digestive problems and abdominal swelling. A person suffering from pleural mesothelioma (or lung mesothelioma) can experience shortness of breath and chest pain because pleural mesothelioma affects the chest cavity.

At the present time, there is no cure for malignant mesothelioma. However, there are a number of mesothelioma treatment techniques that can improve the quality of a patient’s life. These treatment techniques are usually most effective during the early stages of mesothelioma. One mesothelioma treatment technique is photodynamic therapy (PDT). This treatment technique uses light of a specific wavelength to kill mesothelioma cancer cells. For more information on mesothelioma treatment and PDT, visit www.weitzlux.com.

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 21:59

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