Coping with a Cancer Diagnosis

Posted on July 10, 2015 by Steven Kazan

Bruce Robinson is many things to many people. Bruce is a highly trained medical professional, medical researcher, global public speaker, author, father, grandfather, and compassionate soul. His list of accomplishments is impressive and provides a perspective into the mindset of the man. As Australia’s leading mesothelioma expert, Bruce has spent the past 10 years as the Director of Australia’s National Centre for Asbestos Related Diseases researching and seeking cures for victims of asbestos exposure.

Concurrently since 1994, Bruce has taught and trained Australia’s future doctors as a Professor of Medicine and Lung Specialist at the University of Western Australia and he has served at Sir Charles Gairdner Hospital in Perth. In addition to his service as an educator, Bruce Robinson has spent the past six years as the Director of the International Skills and Training Institute in Health. Bruce’s community service and philanthropy through medical practice, research, training, and providing medical assistance to people in need has set the tone for his leadership philosophy: ‘servant leader.’ Through his many activities, Bruce was honored as Western Australian of the Year (2013-2014) and WA Australian of the Year in 2014. His most recent honor was selection to the prestigious Order of Australia (AM) award.

Yet with all of his work to help people, train people, and provide hope for a new cancer breakthrough, Bruce Robinson’s greatest legacy may be in his work with terminally ill cancer patients. One of the greatest regrets terminally ill cancer patients have expressed to Bruce “If I had my life all over again I would have spent more time with my family” became the cornerstone for his work in The Fathering Project. The Fathering Project’s goal is to educate and train young fathers starting families in the great importance of a strong father figure in their children’s lives. The positive affect of strong role models in the home on children has resulted in the reduction of youth substance abuse, crime, low self-esteem, poor attitude to school and loss of values. Bruce and the team are very excited to know that the work through The Fathering Project has benefited well over 50,000 children.

Understanding so many terminally ill patients’ regret of not spending time with their families and his work to teach young fathers how to step into the leadership role of their families, led Bruce to write a poignant and dramatic article: “What to do if family or friends get bad news about cancer.” The following is Bruce’s article which focuses on dying and coping with a cancer diagnosis. As Bruce states:

“This discussion about dying well or dying badly is not about euthanasia. It is about how you manage the dying process.”

What to do if family or friends get bad news about cancer

“I just want to die now. I am living in hell”

That was a fifty year old cancer patient. “I am sorry to hear that – are you in pain?” “No” she said. “But, my husband is angry all day, because he is stuck in the anger phase of grief, my son couldn’t stand it so he moved in with his girlfriend which has made my husband even angrier. To add to it all, he is angry with my daughter because she drops in each evening on her way home from her hairdressing job but doesn’t do anything to help, she just sits on the sofa and talks to me just like she has always done, without ever mentioning the cancer. My husband is angry with her because I make her cups of tea and cook her dinner in the same way that I always have and he thinks she should do it. I just want to die now”..

I will share later how this ‘living hell’ turns into a happy ending.

This discussion about dying well or dying badly is not about euthanasia. It is about how you manage the dying process. As a lung specialist I have looked after hundreds of patients (lung
cancer is the most common lethal cancer) and have in the process watched and participated in
the ‘journey to death’ of many patients and their families. This article is for carers and patients alike. It makes people cry. It might make you cry

Dying is ‘normal’, but there is a good way to do it and a bad way to do it. This applies not only to the patient, but also to family and friends.

When the dying process is handled badly, the survivors can be left with a life-long bitterness

You only have to open the daily newspapers to see examples of bitterness that flow on from badly handled death – rage expressed at the hospital, the doctors, the government or God. But when death is handled well, there is a way in which the surviving family members often describe a positive effect on them, such that they say “I am glad we handled it that way”. This is a reflection of the old but true saying “Death handled badly makes people bitter, death
handled well makes people better”.

Handling death well starts from the time that the diagnosis is given. This is partly out of the control of the family because it depends a little bit on whether the doctor, or other person giving the news, knows how to do it according to best practice. You need to decide whether or not you and your loved one want to know the prognosis. Not everyone wants to know the prognosis. It is easy to not want to know and to even deny the presence of the cancer. I have to be honest and say that in general it is best if they do know, not necessarily at the first consultation but soon thereafter. I respect the rights of patients to live and die in denial. I just I don’t ever see it helping much – short term gain for long term loss.

Read on and you will understand why this bit is important.

Once the cancer diagnosis has been explained and the treatment commenced, the journey to death continues. This is a scary journey but it can be made better. Here are some of the things that I have noted that in my practice have worked well.

Don’t avoid talking about the cancer. Avoidance is a very powerful reaction, either in the patient, or amongst loved ones or even amongst medical or nursing staff. It is natural to avoid talking about things that make you feel uncomfortable. Indeed, it is often a reflection of love – being so afraid that you will say the wrong thing that you say nothing.
Don’t create endless avoidance. Because death is about grief, and grief is about loss, and it is difficult to accept that the person is dying, it is easier to offer false hope e.g. “Apparently there is a new treatment in Mexico”, “I read about a patient with cancer who was healed by a fruit juice diet”, “I am sure the doctors have it wrong”, “Just keep a positive mental attitude and you will be healed” and a host of other phrases. Because they are reflections of love, I don’t wish to criticise them. However, they don’t save the patient from dying. They provide short term comfort but in the end increase anxiety and do not help the family to get on with grieving. While some of these can help the body cope with treatment, please don’t use them to stop you going on the journey of treatment and grieving together.
Don’t talk about it continuously. Having gone ahead and begun to talk about it, don’t ask continually about it. Remember to talk about the children, the news, the football or anything, trying to treat them as normally as possible, without avoiding the issue.
Don’t avoid visiting them. I often find that when a patient has a diagnosis they will have twenty visitors within the first few days in hospital, yet in the next two months after they leave hospital to go home they have zero visitors. That is understandable because some people feel so uncomfortable they don’t know what to say, and as a consequence they find
something else to do. Be willing to spend some time. Usually it is better if is not a lot of
time (if the patient can only handle a five minute visit, don’t say “I am sorry but I can only
stay for an hour”).
Take the initiative. Don’t just say “if there is anything I can do to help….” but actually take the initiative and do something, such as help with shopping, offer to take them on a visit to the clinic, pick up children from school or relieve the family of the duty of care for a day etc. You might even want to help them pull together a photo album of memoirs that they wish to have for their children and grandchildren.
Thank them for all of the things that they have done for you in the past…, Some good times that you have shared together for which you are grateful and their characteristics that you have admired over the years. I have a magical phrase that I use with my patients, a phrase that has helped every single family that I have used it with.

“Plan for the worst but hope for the best”.

Their doctor may have told them something like “it could be as short as three months or as long as a year”. Planning for the worst means planning for the three months. What does that mean? It means that I encourage the patients to plan to do within those first three months (when they will be at their fittest) all of the things that they wish to do. For example, going to Paris, seeing Uluru, or whatever.

…and tell them about your dreams for their future. This approach reaches its most poignant expression when it comes to writing letters or memoirs for their children or grandchildren e.g. letters for their children to open on their twenty first birthday, or a wedding day, describing their aspirations for them and how much they love and value them and admire them and believe in them for the future. When they do this their tears fall on the pages. But if the patient waits until the end of their disease course they are often too tired or affected by painkillers to be write such letters. I have seen that happen, avoidance of these hard things, and this is sad because it robs the children of a real gift, the gift of reading those letters in the future.

I sometimes think that avoiding the reality of death is like seeing a black door in the house and walking past it all the time, afraid of going through it, afraid of what is on the other side.

If they do get to the point when they are able to put their hand on that black door handle, turn it, open the door and walk through it, to their surprise they can enter a garden. In that garden there is a lot of expressed love, and they notice that the sky is bluer then they have ever noticed before, that the leaves of the trees are greener than they have ever noticed before and that because every day is a gift, they live the rest of their life with gratitude. That is not to say that they don’t suffer physically or emotionally in the process, but it is to a large extent the difference between dying badly and dying well.

Recently a patient of mine died having spent six months in complete avoidance. She never talked to her teenage daughters about the fact that she was dying. Although at her funeral someone described this “as showing the kids how brave she was”, I thought the opposite. Knowing that you won’t be there to see your children grow up, see them graduate, walk them down the aisle and see your grandchildren born, you are able to declare your confidence in them, your hopes and aspirations for them as people and the gifts that make them special now and which will make their futures special. You can ask them to take any good thing they have learn from you and ‘pay it forward’ to others, rather than always looking back.

That is why dying well “makes people better” – survivors are enriched by the process.

So what happened to the fifty year old lady with the angry family who was in living hell?

Well, by an extraordinary coincidence, I went for a haircut and after a brief conversation I sensed that the lady cutting my hair just might be her hairdresser daughter. So I brought it up. She knew who I was but was clearly relieved when I brought it up – that told me immediately she was an avoider. I arranged for the Cancer Council Family Counselling Services to visit them and they all sat around talking about the cancer, overcoming their reluctance, holding hands and crying. I know this because when I went to visit my patient in the hospice, she said to me “Bruce, great to see you. I don’t know what you said to my daughter but everything has been transformed. My husband is no longer angry, my son has moved back home and is helping and my daughter is now happy to talk to me about my cancer. In fact every week she comes in here and does my hair. Thank you so much”. It is a clear example of someone who could have died badly and left the family with bitterness but who ended up dying well. I would predict, although I don’t know for sure, that the members of that family would feel that their life was in some curious way enriched by having had that intensely personal and open caring experience.

Ten Tips if your loved one or friend gets bad news about cancer

Overcome your avoidance urges – visit the patient and discuss the cancer
Don’t feel like you have to say the right things. If you don’t know what to say, be honest “I
wish I knew what to say”. And silence is just fine
If you find yourself getting teary, don’t feel embarrassed. Tears are one of the best expressions of empathy.
Be sensitive to spiritual issues – these are sensitive and often intense at this time.
Avoid unhelpful phrases e.g. “I know how you feel”, “move on”, “time to pull yourself together”, “if only you hadn’t smoked” and “it could be worse.
Do specific things to help e.g. shopping, helping with clinic visits, picking up their kids
from school, cooking meals.
If you are struggling as a carer be willing to ask for help.
Look after yourself. Take breaks that don’t involve discussing your loved one’s terminal
illness. And don’t feel guilty if you do so.
Resist the urge to express your anticipatory grief by given false hope eg. “I heard on TV
about a new diet that cures cancer”, “I am sure the doctors have it wrong” and “just keep a
positive mental attitude and you will be healed”.
Don’t be afraid to get family or grief counselling yourself.

Northern California Super Lawyers 2015 Includes 8 Kazan Law Attorneys

Posted on July 7, 2015 by Steven Kazan

From top left, Steven Kazan, David McClain, Joseph Satterley, Gordon Greenwood, Justin Bosl, Michael Stewart, William Ruiz, Autumn Mesa

Northern California Super Lawyers 2015 has chosen 8 Kazan Law attorneys for its highly selective list of top attorneys. What’s more, we are very proud that this is the12th consecutive year that Kazan Law mesothelioma attorneys were selected for inclusion in the prestigious Northern California Super Lawyers list. Considering that this exclusive peer-driven list is limited to only about 5 percent of the lawyers in the state of California and that we are a firm with 22 attorneys, the selection of eight of our attorneys for Northern California Super Lawyers 2015 is an accolade we are proud of.

Northern California Super Lawyers 2015 Includes All Kazan Law Partners

The Northern California Super Lawyers 2015 list includes each and every one of our firm’s partners. Our firm’s full name is Kazan, McClain, Satterley & Greenwood. We are very proud that each of these pillars of our firm has been recognized by the legal community as a Northern California Super Lawyer.

Steven Kazan -2004 – 2015

David McClain – 2004-2015

Gordon Greenwood – 2004, 2006 -2015

Joseph Satterley – 2013(Kentucky), 2014 – 2015

Northern California Super Lawyers 2015 Rising Stars

In 1998, Super Lawyers launched its Rising Stars list to recognize the top up-and-coming attorneys in the state. Rising Stars are considered by their peers as the best attorneys under the age of 40, or who have been practicing law for 10 years or less. No more than 2.5 percent of the lawyers in the state are named to this list. We are very proud that four of Kazan Law’s attorneys have been chosen for this important distinction:

Justin Bosl – 2011 – 2015

Autumn Mesa – 2015

William Ruiz – 2012 – 2015

Michael Stewart – 2013 – 2015

Northern California Super Lawyers 2015 Selection Process

The Super Lawyers list is developed as a resource to be used by attorneys and consumers searching for the best possible legal counsel. Unlike many listings in the legal profession and other professions, a listing in Northern California Super Lawyers 2015 can’t be bought by purchasing advertising space. Super Lawyers attorneys are chosen through a rigorous, multiphase rating process which includes peer nominations and evaluations combined with third party research.

Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.

To put it simply, the Northern California Super Lawyers 2015 list is a list of lawyers that other lawyers recommend. That’s the only way to get on the list. To be held in high esteem by our colleagues in this way is very gratifying for us.

Super Lawyers National Significance

Super Lawyers annually selects lawyers from top law firms from more than 70 practice areas who are admired by their peers and who have reached levels of success in their field of law. The list is published in Super Lawyers Magazine which is distributed to attorneys and accredited law school libraries. The magazine is published in all 50 states and Washington, D.C., reaching more than 13 million readers. Super Lawyers also publishes the list as a supplemental special section professional city and regional magazines across the country. Of course, there are also digital editions available online.

It is interesting to note that the Super Lawyers selection process received a patent from The United States Patent and Trademark Office in April 2013. The patent is a distinction which demonstrates credibility as an impartial third-party rating system.

Northern California Super Lawyers 2015 Accolade’s Positive Message

Northern California Super Lawyers 2015 inclusion of 8 of our attorneys provides us with a positive message. It offers us a great tribute from our colleagues that our asbestos law firm continues to be on the right track. After more than 40 years of fighting for justice for our clients, it is nice to know that our professional colleagues continue to respect and admire our work. But for us, winning for our clients is what truly matters. We don’t represent big businesses with fancy software patents or contract negotiations. We represent hard-working everyday people many of whom die prematurely because of the asbestos exposure they suffered on their jobs. Achieving justice for them always has been and continues to be the most important accolade for us.

Garlock Bankruptcy Plan Shortchanges Current and Future Mesothelioma Claimants

Posted on July 6, 2015 by Steven Kazan

The bankruptcy reorganization plan submitted by Garlock Sealing Technologies LLC and The Anchor Packing Company in May of this year represents an insult to people with mesothelioma, asbestos-related lung cancer, and other diseases caused by exposure to asbestos. Under the proposed plan, the rights of current claimants would be significantly curtailed and future claimants would be shortchanged. In addition, if the Garlock plan is finally adopted and approved, it could set a precedent that would affect the ability of people injured by asbestos to receive fair compensation for themselves and their families from other companies.

Asbestos Trust Funds

Section 524(g) of the bankruptcy code was designed to ensure that people exposed to asbestos receive fair compensation, even when the companies responsible for that exposure file for bankruptcy. Under this law, a company that files for bankruptcy because of the cost of asbestos lawsuits must set up a trust fund to compensate current and future claimants.

Since mesothelioma and other asbestos-related illnesses can take decades to manifest, it is important for trust funds to contain sufficient resources to cover estimated future claims, as well as those claims currently in litigation. When determining the amount to be set aside, courts take the company’s resources into account as well.

Garlock Plan Would Lead to Reduced Asbestos Compensation

Along with the other claimants’ representatives on the Asbestos Creditors Committee (ACC), which I co-chair, we at Kazan Law oppose Garlock’s reorganization plan. The $362 million proposed asbestos trust fund falls far short of the amount needed to fairly compensate current and future claimants against Garlock and Anchor while it unjustly enriches these companies’ shareholders. Garlock has the resources to create a larger asbestos trust fund; mesothelioma victims should not suffer so shareholders can profit.

In addition, the plan put forth by Garlock creates significant roadblocks that will make it hard for people injured by asbestos exposure to receive the compensation to which they are entitled. The plan would require burdensome paperwork in order to prove eligibility and payments would be based on a matrix that sets compensation values lower than they should be.

If claimants decide their best option is to sue, the plan requires them to file their lawsuit in federal court in North Carolina. For injured people in other states, this could create such a significant obstacle that they will have effectively lost their right to have their day in court. Why should a man dying of mesothelioma in California have to spend weeks in a North Carolina courtroom to get justice?

Asbestos Victims Protect Your Rights

For the reasons above and more, all 12 members of the ACC oppose Garlock’s proposed reorganization plan. If you have suffered asbestos exposure because of Garlock or Anchor’s products, you (or your lawyer on your behalf) may be entitled to vote on the plan. Your “no” vote is a step toward further negotiations and a better outcome for all current and future claimants. You can learn more about your voting rights here. The deadline for voting is October 6, 2015.

If you are a current claimant against Garlock or Anchor, you may need to take action to protect your rights to compensation. If Garlock’s plan is approved, some current claimants may find their claims blocked if they don’t take action by the bar date of October 6, 2015. You are a current claimant if you received a diagnosis of mesothelioma or other asbestos-related illness on or before August 1, 2014 and you filed a legal action or pursued compensation from an asbestos trust fund on or before that date. To avoid being blocked from receiving the compensation you deserve, you may need to take action to assert your right. You may want to consult an asbestos attorney, to make sure your rights are protected.

Seeking Justice For Those Yet to Come

Because it takes so many years for those exposed to asbestos to become sick with mesothelioma, lung cancer, or other diseases, asbestos claims will continue to come to light over the coming years and decades. The outcome of the Garlock bankruptcy could have repercussions for asbestos settlements in other states and against other companies. That’s why we at Kazan Law take the fight to achieve a fair reorganization plan in the Garlock bankruptcy so seriously.

The plan put forth by Garlock doesn’t give enough weight to the financial and emotional hardship Garlock and Anchor’s negligence has inflicted on a yet unknown number of people. You and your family deserve better than this.

Insuring that current and future claimants are treated with the dignity and justice they deserve is a core mission of the dedicated lawyers at Kazan Law. That’s why we are committed to fighting the proposed Garlock asbestos plan.

Am I Entitled to Compensation from a Mesothelioma Claim?

Posted on July 1, 2015 by Steven Kazan

If you or someone you love suffers from mesothelioma, you may be entitled to compensation by the party or parties responsible for the asbestos exposure that caused your illness.

Criteria for Compensation from a Mesothelioma Claim

If you feel you may have a lung disease caused by exposure to asbestos, the first step is to see your doctor and receive a medical diagnosis. Some of the symptoms of pleural mesothelioma or lung cancer are:

Persistent cough
Unexplained weight loss
Difficultly swallowing
Fever
Excessive tiredness
Shortness of breath
Hoarseness

If you receive a diagnosis of mesothelioma or another asbestos-related illness, the next step is to trace your history of exposure to asbestos. Mesothelioma may not manifest until many years after you were exposed, so you and your lawyer will need to investigate employers and locations where you may have encountered asbestos from when you were born until about the year 2000. This investigation will hopefully uncover the times and places where you may have been exposed to harmful levels of this toxic substance.

When corporations are named in asbestos lawsuits, they often go on the attack. They may argue that a plaintiff’s illness is caused by factors unrelated to corporate negligence, such as a plaintiff’s smoking or drinking habits or a family history of illness. In the face of this pushback, it is important to document past asbestos exposure as much as possible. Other asbestos lawsuits against these companies may help provide evidence on which to base your claims.

Even if you do have a history of smoking, asbestos may be implicated in your lung cancer. Studies have shown that asbestos fibers act together synergistically with cigarette smoke and cause increased rates of lung cancer among smokers, so you may still have a case even if you are or have been a smoker. Pleural mesothelioma is a rare and dangerous cancer that is only caused by asbestos exposure.

In order to build your legal case, you and your lawyer will also need to document your losses due to your illness. These can include financial hardship, from medical bills and lost income, and pain and suffering. In most cases, these losses are all too easy to document.

Proving your claim may sound like a challenge, but it’s not as hard as it may seem at first glance. Victims of asbestos exposure have been filing suit against negligent corporations since the 1970s and the procedures for proving and litigating a claim are well established. Millions of dollars have been paid out to people suffering from mesothelioma and other asbestos-related illnesses, so the precedent for compensating victims is also well established.

Options for Compensation from a Mesothelioma Claim

Once you have established the responsible parties and filed suit, there are several options for receiving compensation for your mesothelioma claim.

Settlement: Most lawsuits end in settlement before trial. Settlement payments are often less than jury verdicts, but you will receive compensation more quickly and without the risk inherent in a jury trial and the appeals process. Your lawyer and the defendants’ lawyers may choose a mediator to help them come to an agreement on fair compensation for your losses.
Trial: If your case makes it to court, the outcome is not guaranteed. Even if you win at trial, the defendant may appeal the decision, which can stretch the trial process out by months or even years. However, juries often award higher damages than you could achieve through the settlement process, including punitive damages, which are sometimes greater than the compensation for your losses.
Asbestos trusts: Some companies that are known to have negligently exposed people to asbestos have declared bankruptcy because of asbestos litigation. In those cases, the bankruptcy court requires the companies to set up an asbestos trust fund to compensate victims. If you are entitled to damages from one of these funds, your lawyer can navigate the paperwork to document your diagnosis and your losses and to ask for compensation. While trust distribution procedures (TDP) may vary from trust to trust, the process is fairly standardized and most trusts will accept the same paperwork.

Work with an Attorney to Secure Your Compensation from a Mesothelioma Claim

Selecting the right attorney to represent you in your mesothelioma claim is an important choice. An attorney with experience in asbestos litigation can help you through the investigation and claims process quickly, as he or she has been through the process many times before. You deserve the best compensation for your injuries and to support your family and you deserve the best lawyer to get you there.

Picking the Best Asbestos Law Firm

Posted on June 22, 2015 by Steven Kazan

Choosing the best firm to represent you in your asbestos lawsuit can mean the difference between a speedy resolution and a case that drags on for years. It can mean the difference between a settlement that provides for your family or being buried under unpaid medical bills. Because the decision you face is so vital, take the time to perform thorough due diligence. The following information will provide a road map for the things you should look for and the results you wish to achieve.

Choosing Your Asbestos Law Firm Has Huge Financial Implications

Asbestos exposure can lead to serious diseases such as mesothelioma and lung cancer. If you are suffering from asbestos-related illness, you may have been forced to miss work or stop working altogether. You are entitled to compensation for your lost wages and earning potential so you don’t have to contend with financial hardship at a time when you are contending with a health crisis. By pursuing legal action against the company or companies that negligently exposed you to toxic asbestos, you can get the money you need to cover mounting medical bills, compensate you for pain and suffering, and make sure that your family has the resources they need to maintain their standard of living.

The stakes are high when you choose a lawyer to represent you in your claim. An attorney experienced in litigating asbestos claims can make the best possible case for you. Kazan Law has won thousands of settlements and many verdicts for its clients. Most cases have totaled over $1 million, many more than $10 million, and some more than $20 million.

Inquire About the Asbestos Law Firm’s Experience

Before you place your case in the hands of a law firm, ask for information about other asbestos cases they have handled. Do they specialize in asbestos litigation or is this a small part of a larger practice? What kinds of verdicts and settlements have they won for their clients? Can they point to clients with situations similar to yours?

Asbestos lawsuits differ from other personal injury cases in important ways. Special rules govern asbestos litigation and compensation from asbestos trust funds. A good attorney will conduct a careful investigation to uncover all possible places where you may have been exposed to asbestos, often decades in the past. An experienced attorney who knows the companies that manufactured and used asbestos will be able to craft the most compelling case and attain the best outcome for you.

Looking Beyond Your Community for an Asbestos Law Firm

When you’re choosing a dry cleaner or a dentist, it makes sense to stay local. The best attorney to represent you in your asbestos lawsuit, however, might not be located down the street or even in your same city. When you need someone with specialized expertise, it’s a good idea to expand your due diligence efforts before you make your choice. Be patient in your search and cast your net widely.

Working with a law firm whose office isn’t near you may seem overwhelming when you are also dealing with mesothelioma or lung cancer. Don’t let that deter you from your search; a top asbestos law firm will meet with you where you live, to take the burden off you.

It’s a good idea to be wary if a law firm is too aggressive or places flashy ads on the Internet. The firms with the best reputations don’t need to lure clients in with scary, urgent advertisements. They know that clients will seek them out.

If your town doesn’t have an award-winning asbestos law firm, you don’t have to settle for second best. Kazan Law won an award for the top wrongful death jury verdict of 2014; seven Kazan attorneys were named Super Lawyers in 2014; and the firm is on the 2015 Best Lawyers list. Representation in your asbestos lawsuit is an important decision for you and your family. You deserve to be represented by the best.

Asbestos Related Lung Cancer Lawsuits

Posted on June 16, 2015 by Steven Kazan

People who were exposed to asbestos may develop serious health problems later in life. Pleural mesothelioma and lung cancer caused by asbestos may take decades to come to light. Fortunately, the justice system offers a way for victims to receive compensation from the companies that used asbestos despite known health risks to employees and customers.

Lung Cancer and Pleural Mesothelioma From Asbestos Exposure

Pleural mesothelioma is a rare cancer of the outer lining, or pleura, of the lungs. The cause of this cancer can almost always be tied to asbestos exposure decades earlier – sometimes as much as 50 years before the cancer manifests. The symptoms of pleural mesothelioma can include persistent cough, shortness of breath, chest pain, unexplained weight loss, and fatigue. A biopsy is the only way to definitively determine whether you have mesothelioma. While pleural mesothelioma is the most common form, this cancer can also strike mesothelium (protective lining) of other organs. Treatments for mesothelioma continue to improve but the condition is almost always fatal.

While most lung cancers are caused by tobacco or other environmental factors, exposure to asbestos is implicated in some lung cancer cases. Asbestos contains sharp-edged, microscopic fibers, some of which may get lodged in the soft tissue of the lungs. Scarring results and the fibers keep irritating the lung tissue. In time, some of the cells around the fibers may mutate, forming a tumor. Smokers who were also exposed to asbestos have a much higher chance of developing lung cancer than smokers with no history of asbestos exposure. The symptoms of lung cancer are very similar to the symptoms of pleural mesothelioma.

Filing a Lung Cancer Lawsuit Due to Asbestos Exposure

If you were exposed to asbestos at any time during your life and you have been diagnosed with lung cancer, you may be entitled to compensation from the party or parties responsible. The first step to pursuing a claim for asbestos-related lung cancer is to determine who is responsible for your asbestos exposure. A detailed work history will help determine the length of time you spent in an environment contaminated with asbestos and the severity of your exposure. These factors may be critical to the success of your claim against the negligent company.

At a time when you are dealing with the stress and pain of cancer treatment, filing a lawsuit may feel overwhelming. An experienced asbestos attorney can explain all your options, including filing a claim with an asbestos trust. If it seems likely that you have a case, the law firm staff can conduct an investigation to verify the sources of your asbestos exposure. You can receive the compensation you deserve to help with medical bills and lost income.

Compensation for Lung Cancer Lawsuits and Pleural Mesothelioma from Asbestos Exposure

The majority of lawsuits filed by people suffering from pleural mesothelioma or lung cancer are settled before trial. At Kazan, McClain, Satterley & Greenwood, we prepare every case for trial, but we also engage in settlement negotiations and mediation to try to resolve the case out of court. Particularly in cases of lung cancer where other environmental factors such as smoking may be present, defendants may deny responsibility for the harm they have caused. Building a solid case allows a lawyer to negotiate the best possible settlement.

In some cases, the parties are not able to reach a settlement and it may be necessary to take the case to trial. Trials can be lengthy and defendants may appeal if they lose, drawing out the process even further. This delays compensation that can help pay for medical bills and family expenses. Jury verdicts, however, can be much larger than settlements reached out of court and may include large punitive damage awards to deter other corporations from similar behavior in the future. For example, Kazan lawyers won a verdict of over $27 million for a California couple. The husband worked with asbestos-laden insulation in the 1950s. The wife was exposed to asbestos when she washed her husband’s work clothes. The jury added $11 million in punitive damages on top of the $16,342,500 they awarded the couple for economic, emotional, and physical injuries.

Some companies have filed for bankruptcy to avoid asbestos lawsuits. Many of those companies have created asbestos trust funds to provide compensation for people who develop pleural mesothelioma or lung cancer after exposure to asbestos due to their products or operations. An experienced attorney can help you take the steps required to prove your claim and receive compensation from an asbestos trust fund.

Asbestos Use in U.S. Plummets!

Posted on June 11, 2015 by Steven Kazan

Asbestos use in the U.S. has dropped by 90% in the past two years, according to just-released data. An amazing 80% drop occurred just from 2013 to 2014. This is very good news for all Americans. It is clear that there is no safe level of asbestos use. Any amount of asbestos exposure can cause mesothelioma, an aggressive cancer for which there is no cure. Regardless of the asbestos lobby’s attempts to characterize certain asbestos types as safe, no type of asbestos is safe for human exposure. Asbestos remains a deadly mineral with horrible health consequences.

Asbestos Use Steep Decline Reported by US Geological Survey

Asbestos use data showing the steep decline in the US was reported by the US Geological Survey. The data was part of its annual report on the global asbestos trade for the United Nations (UN) Commodity Trade Statistics Database. Asbestos use monitoring falls under the purview of the US Geological Survey because asbestos is a mineral mined from below the earth’s surface.

US asbestos use for the last few years according to the new report is:

2012 1560 tons

2013 745 tons

2014 144 tons

This data is all the more remarkable given that asbestos use remains legal for many types of products in the U.S. It reflects a great victory on the part of anti-asbestos advocates who have raised awareness of the dangers of asbestos. It is also a tragic victory for those who have successfully sued businesses for knowingly exposing them to asbestos, causing them to develop mesothelioma and die.

To put this new data into perspective, consider that in 1973, at the peak of asbestos use in the US, the US Geological Survey reported that a record 803,000 metric tons of asbestos were used in this country. Of that, 137,000 tons came from U.S. mines and most of the rest was imported from Canada.

Asbestos Use and Export Remains High In Some Countries

Asbestos is now banned in 52 countries, and safer materials have replaced asbestos use in many products. But there are many countries that still actively mine asbestos for export and the report highlights which countries continue to export the most of this extremely dangerous substance. And also which countries continue to import it despite its hazards being well-known for decades.

The US Geological Survey’s new asbestos report shows that in 2014 the top five producing and using countries remained about the same as in 2013. The report also highlights that global asbestos production and asbestos use has stayed steady at around 2 million tons per year. Please note that Russia, one of the world’s main asbestos-producing countries, has not yet reported its 2014 data to the UN, so the numbers shown are USGS estimates.

For much of Europe, asbestos use for 2014 is as low and in many cases lower than in the U.S. Asbestos use by France is at zero level. Italy, which once had a huge asbestos mining industry, is not far behind at 6 tons of asbestos use for the year.

However, for Europe’s two former Soviet Union countries, the numbers tell a different story. For Belarus, the total is 7,832 and for Ukraine it is even higher at 24,743 tons. But the dubious distinction of the country with the highest amount of asbestos use in not only Europe but in the entire world is Russia itself. According to US Geological Survey estimates for this year, Russia produced a startling 1,100,000 tons of asbestos. It exported half of it and used the rest at home.

There is hardly any asbestos use reported for Africa except for Zimbabwe which imported 5,997 tons of asbestos.

The biggest asbestos user in North America is Mexico with 12,179 tons. Not even a close second is El Salvador at 730 tons, with Canada third at 378 tons and the US fourth with 144 tons. Worth noting here is that Aruba, Barbados, Belize and Jamaica are all at zero asbestos use so those may be better travel options than Mexico. Who wants to bring home mesothelioma as a souvenir?

In South America, Venezuela at 4 tons and Argentina at 100 tons are among the lowest. Brazil produced 284,000 tons of asbestos and exported about half of it.

Second only to Russia in world asbestos use is China which used 507,016 tons of asbestos last year. Third place sadly goes to India with 370,011 tons of asbestos use. China’s asbestos use declined slightly from last year according to the data while Russia’s slightly increased and India’s significantly increased.

Here’s Hoping U.S. Asbestos Use Decline Continues and Spreads

The following facts about asbestos use remain clear:

All forms of asbestos are proven to cause cancer
All forms of asbestos can cause mesothelioma, lung, laryngeal, ovarian and gastrointestinal cancers
No level of asbestos exposure is without risk
Victims of asbestos-caused cancers often die painful lingering deaths
Eliminating asbestos use would prevent many of these deaths

So it is a cause for celebration that asbestos use in the U.S. has declined so steeply in the past few years. Let us hope this downward trend continues and that next year’s US Geological Report to the UN shows that asbestos use in the US has completely disappeared. Let us also hope that this trend spreads around the globe to other countries so that much needless human suffering and loss can be prevented in the years to come.

Meet Kazan Law’s 2015 Summer Asbestos Law Clerks

Posted on June 8, 2015 by Steven Kazan

Asbestos law like other types of law practice is part of a chain that links the past, the present and the future. But at Kazan Law we have a special responsibility to forge new links in that chain. When I first started practicing asbestos law over 40 years ago, I hoped that someday there would be no need for asbestos law. I hoped that all asbestos use would become illegal and in the future no one would ever develop mesothelioma, the lethal cancer caused by asbestos exposure. But I underestimated the power of greed and the asbestos lobby business interests. – Consequently, we must strive to help ensure that there will be outstanding dedicated asbestos lawyers as we head towards the future. That is the goal of our asbestos law summer clerks program.

Kazan Law Summer Clerks Become Tomorrow’s Asbestos Lawyers

Our asbestos law summer law clerk program offers law students the chance to gain hands on experience in a plaintiff’s asbestos law practice. We fully involve our summer clerks in the daily workings of the firm in order to provide them with a realistic view of the rewards and demands of a plaintiff’s practice. Summer law clerks are given the opportunity to work with our experienced asbestos litigation attorneys as we prepare and try mesothelioma cases. Upon graduation from law school, our former summer law clerks are given consideration in our hiring process. Some of our current attorneys here at Kazan started their careers with the firm as summer law clerks. The list includes:

Justin Bosl (now a Partner)

Meet Kazan Law’s 2015 Summer Law ClerksHere is our outstanding team of asbestos law summer clerks for 2015

Jabari Brown returns to us for a second summer after completing his first year of law school at the University of Oregon where he holds office for the Oregon Law Students Public Interest Fund and Green Business Initiative Student Association.

“I chose to return because I recognize Kazan Law’s excellence in advocacy,” Jabari said. “I look forward to furthering my understanding of the professional advocacy techniques that the attorneys at Kazan Law utilize on a daily basis. I am interested in learning problem solving skills concerning asbestos exposure.

It takes a compassionate mind to champion victories for people who lack the resources to fight legal battles with large entities. I am interested in providing a legal voice to those who would otherwise have no remedy.”

Daniel Dellafosse is a second year law student at the University Of San Francisco School Of Law where he serves on the Law Review and Maritime Law Journal. Daniel is also active with La Raza and the Black Law Students Association. He has worked for the US Department of Labor and the San Mateo County District Attorney’s Office.

“Wanting to help injured people is one of the main reasons I went to law school,” explained Daniel. “Plaintiff side asbestos litigation will also allow me to help the families as well. I am excited to be at Kazan Law because they are excellent at this and I know I will get great experience here. I spoke with their past summer clerks and they have only great things to say about them.”

Shanita Farris is a second year law student at the University of California, Berkeley, School of Law. Several of her many activities there include the Berkeley Journal of African-American Law & Policy where she is senior articles editor, Boalt Hall Student Association and Juvenile Hall Outreach.

Shanita said, “I chose Kazan Law for my summer placement because of the firm’s commitment to helping a vulnerable group of people. The experienced attorneys here at Kazan are able to successfully fight for clients who have been harmed and are seeking justice. I wanted to be a part of a team of compassionate and hard-working attorneys that truly value and support the community.”

“I am interested in asbestos litigation from the plaintiff’s side because these plaintiffs are typically disadvantaged people who come from a community similar to mine.”

Tyra Singleton is a first year law student at the University of California, Hastings College of the Law. Tyra graduated from San Francisco State University with a BA, magna cum laude, in Sociology and Africana Studies. Tyra is also the inaugural recipient of the Mayor Willie L. Brown Jr. ’58 Endowed Scholarship. Her past experience includes work with the Impact Fund in Berkeley and volunteer work with Shih Yu-Lang Central YMCA.

“This summer placement gives me an invaluable opportunity to learn from the best. Kazan has a stellar reputation as expert trial attorneys and industry leaders in asbestos litigation,” Tyra said. “Additionally, it is a priority of mine to work for a firm that is committed to diversity and supporting the communities around them. I have personally witnessed the ways in which Kazan is changing lives through their Foundation’s generous support of community organizations and mesothelioma research. I admire and respect the great work they are doing on behalf of their clients and I am happy to be at a firm that has values similar to my own.”

Kazan Law Summer Clerks Learn By Doing

At Kazan Law, law students get the invaluable chance to learn by doing. Instead of listening to law professor’s lecture and reading text books, here these young people get to do real world law firm tasks such as:

Helping draft parts of motions.
Attending court hearings.
Assisting in trial preparation.
Writing legal memorandum.
Fact checking legal documents.

In keeping with the needs of our community and the population we serve, our summer clerks reflect the diverse spectrum of America today. We consider it a duty and a privilege to help educate these bright young future lawyers about the ongoing need to balance the scales of justice and represent those unlawfully exposed to asbestos by willfully negligent business interests.

What Are Asbestos Compensation Funds?

Posted on June 4, 2015 by Steven Kazan

Mesothelioma trust funds and asbestos bankruptcy trusts are funds set up by corporations responsible for exposing their customers and others to asbestos. The funds ensure that victims of asbestos-related illnesses receive compensation, even if the companies have filed for bankruptcy or gone out of business. In order to fully understand how the funds work, it’s best to examine the history of asbestos compensation funds from the beginning.

History of Asbestos Compensation Funds

Employees of Johns-Manville, which mined and processed asbestos, began suing the company over lung illnesses as early as 1930. In 1982, to deal with the mounting cost of these lawsuits, the company reorganized under Chapter 11 bankruptcy. Johns-Manville placed funds to pay victims of mesothelioma and other asbestos-related illnesses into a bankruptcy trust. Since that time, other companies have created about 50 asbestos trusts in bankruptcy.

People suffering from asbestos-related illnesses, as well as spouses and dependents, are eligible for compensation from the asbestos trust of the corporation responsible for their exposure. Some companies have not sought bankruptcy protection and must be sued directly to obtain compensation.

Congress may soon make it harder for victims to access asbestos trust funds. House Republicans have introduced legislation that will place burdensome reporting obligations on the trusts, to the benefit of companies that continue to use asbestos and to the detriment of claimants.

How to Receive Asbestos Compensation Funds

To prove your claim, you will need documentation of diagnosis with an asbestos-related illness, based on an examination by a physician approved by the trust. In all but mesothelioma cases, you must also meet the criteria for Significant Occupational Exposure (SOE) to asbestos of at least 5 years total, along with 6 months exposure to the products for which each trust is responsible. Requirements may vary based on your occupation and the company or companies for which you worked. You will need to provide affidavits supporting your exposure.

Each asbestos trust is run by one or more independent trustees, who seek advice from a Trust Advisory Committee made up of attorneys from law firms that represent asbestos claimants, and a representative of future claimants. The trust reviews claims and assigns values to accepted claims based on an equitable distribution of the trust’s assets to current and future claimants. I have been been nominated by the U.S. Trustee and appointed by the U.S. Bankruptcy Court to serve as a member or as counsel to victim members in almost all asbestos bankruptcy reorganizations.

Payments are calculated based on several factors, including the severity of your illness, the age at which you were diagnosed, and the history of past settlements negotiated by your attorney. Other factors that may have contributed to your illness, such as a history of smoking, may also affect the amount of your settlement. All asbestos funds publish average payment amounts. If a trust does not have enough funds left to pay all anticipated claims, it will reduce each claim by a percentage that will allow it to continue to compensate future claimants. If you disagree with the amount of your settlement, you may dispute it.

Most asbestos bankruptcy trusts will take a few months to more than a year to process a new claim. If you accept the payment offered, the time frame for receiving payment can again vary, but it is usually around two months. Some of the larger trusts accept claim documents electronically to speed the process. For those facing financial hardship or terminal illness, most asbestos trusts offer an expedited review process that will remit funds more quickly.

Are Asbestos Compensation Funds the Only Way to Receive Help?

Asbestos trust funds were set up for two purposes: to protect the assets of corporations who exposed their employees and customers to asbestos and to provide money to compensate those suffering from mesothelioma and other asbestos-related illnesses, even if the responsible company ceases operations. The trust process provides a simpler and quicker way for claimants to receive much-needed compensation to pay for medical bills and other financial burdens of asbestos-related injuries. Trust payments, however, are generally lower than what plaintiffs could expect to recover through the courts or through negotiated settlements or jury verdicts.

Gathering and submitting the documents you need to prove your claim to an asbestos trust fund can be challenging, particularly if you are contending with health and financial concerns. If you were exposed to asbestos from more than one company, you may need to file claims with multiple trusts or pursue a combination of trust claims and a lawsuit, to receive the compensation you are entitled to. An attorney familiar with the process can take the burden off you while assuring that your paperwork is completed correctly the first time, so you receive compensation more quickly.

Some claimants may wish to pursue their claims in court. By filing a lawsuit against the company or companies that subjected you to asbestos poisoning and pursuing a trial or negotiating a settlement, you may receive a larger payment for your injuries. An attorney with experience working with clients suffering from mesothelioma and other asbestos-related diseases can explain your choices and help you choose option that is best for you and your family.

Types of Mesothelioma Lawsuit Payouts

Posted on June 2, 2015 by Steven Kazan

Mesothelioma Lawsuit Payouts: Settlements

Plaintiffs sickened by exposure to asbestos sometimes choose to accept settlements rather than taking their cases to trial. While settlement amounts tend to be lower than jury verdicts, when you settle your case, you will usually receive payment from the defendant soon after. Trials may take months or years and defendants often appeal, stretching the process out even further. Negotiating a just settlement for your case is often the best way to provide much needed funds for medical care and to replace lost income.

What can I expect from the settlement process?

Settlement discussions may take place at any point before or even during trial, but they most commonly begin after both sides have exchanged documents through the discovery process. Negotiations may take several weeks or several months and there are usually separate negotiations with different defendants. At Kazan Law, our goal is to achieve settlements that allow our clients and their families to maintain their quality of life and achieve goals that may have been derailed by asbestos-related illness. In calculating a good settlement, we take into account the emotional and financial toll of dealing with a family member’s illness and the financial hardship our clients suffer when a wage earner is forced to leave his or her career early.

What variables will affect my mesothelioma settlement amount?

Settlements, like jury verdicts, take into account past and future lost wages, medical costs, pain and suffering, and, for married couples, loss of consortium (loss of marital relations). When a worker contracts mesothelioma, his or her age at the time and expected earnings potential for the remaining work years are factored into the settlement amount.

What kind of settlement can I expect?

While each case is unique, Kazan Law has been able to negotiate some of the highest asbestos-related settlement payments for our clients. The terms of our settlements require us to keep the amounts confidential, but we have achieved sizable settlements for an airline pilot exposed to asbestos during airplane hangar construction and a man who was exposed to asbestos on the job at a PG&E power plant.

Mesothelioma Lawsuit Payouts: Verdicts

What can I expect from the trial process?

When settlement negotiations fail, cases proceed to trial. Because of the seriousness of mesothelioma, Kazan Law attorneys do everything in our power to schedule an early trial date for our clients. Even so, it can take months or years after filing the initial lawsuit before your case comes before a jury. You will be asked to attend the trial, health permitting, and may be called on to testify before the jury. If the jury reaches a verdict in your favor, you may not immediately receive payment. Defendants often choose to appeal, drawing out the process. It is not uncommon, however, for parties to come to a settlement during or even after trial.

What is the risk of going to trial instead of settling my case?

The outcome of a trial is not guaranteed. A jury may reach a verdict in your favor but award lower damages than hoped. Judges sometimes reduce the damage amounts awarded by juries. On the other hand, juries tend to be sympathetic to mesothelioma victims and have awarded much higher amounts than plaintiffs could have gained through settlement negotiations. Juries can also determine punitive damages, which may increase the amount of the verdict.

What kind of verdict can I expect?

Kazan Law attorneys have won sizable verdicts from companies that knowingly exposed people to asbestos. We won a $5,482,047 verdict for a machinist who developed mesothelioma after working with asbestos-lined wire products. After reaching a settlement with multiple defendants, we won an additional $10,038,000 at trial against the remaining defendant for a welder who had died of mesothelioma. We won a $20,500,000 award for a man who had worked for a plant that manufactured asbestos-lined pipes. We won over $20 million for a woman who developed mesothelioma from exposure to asbestos in the flooring of her childhood home.

Mesothelioma Lawsuit Payouts: Asbestos Trust Funds

What is the purpose of mesothelioma and asbestos bankruptcy trust funds?

Because mesothelioma usually does not manifest until 20 to 50 years after exposure to asbestos, some of the companies responsible for exposing their employees to this harmful mineral have ceased operations or declared bankruptcy. Others are struggling financially. To protect the many victims of asbestos exposure who may develop mesothelioma in the future, money has been set aside in 50 different trust funds to compensate current and future victims of asbestos-related illnesses.

Do I need a lawyer to seek compensation from an asbestos trust fund?

If a company responsible for your asbestos exposure has protected their assets through an asbestos trust fund, you cannot file a lawsuit against them. Claims for money from these funds are handled by the trustees who manage them. Many people suffering from mesothelioma choose to engage an attorney experienced with the trust process to ensure their paperwork is completed quickly and correctly.

How are payouts from the trust funds calculated?

The trust calculates payment based on the amount of assets remaining in that trust divided among all current cases and expected future cases. Approximately $32 billion is available in the various trust funds. The average payout for a shipyard or construction worker who has been diagnosed with mesothelioma is $260,000, but the amount varies considerably and a skilled attorney can get you the maximum amount possible

Posts by: Steven Kazan