Asbestos & Mesothelioma

Asbestos is a natural but extremely dangerous material, which was previously used in construction projects, fire-retardant fabrics, and other products.  People can be exposed to asbestos in a variety of ways, including:

• Construction sites
• Auto mechanic shops
• Power plants
• Ship building and ship repair
• Railroad operations
• Custodial duties
• Mining operations
• Contaminated talcum powder / baby powder

You may have been exposed to asbestos at your job, especially if you work in construction, auto repair, shipbuilding, power production, or the railroad industry.  Alternatively, you may have been exposed to asbestos by a contaminated consumer product, such as talcum powder.  Whether your mesothelioma, lung cancer or asbestosis was caused by a workplace exposure or a defective product, Massachusetts personal injury law firm Rightful Legal is here to help.  Compensation may be available so that you do not have to bear the losses caused by mesothelioma yourself.

Managing Attorney Tracy Paulsen is on a mission to obtain justice and fair compensation for mesothelioma victims in Bristol County, the Boston area, Plymouth County, and throughout Massachusetts.  With over 15 years of experience representing the victims of toxic torts, particularly with asbestos cases, Attorney Paulsen has the skills and passion to Fight for Your Rights and hold the negligent employer or manufacturer responsible for exposing you to asbestos.

If you have been diagnosed with mesothelioma, lung cancer or asbestosis after being exposed to asbestos, contact Rightful Legal now.  Reach out for a no-cost, no-obligation case consultation.  Attorney Paulsen and her team of Massachusetts toxic tort attorneys want to hear your story, explain your rights, and help ensure you obtain fair compensation.  We do not charge a fee unless we win your case. 

Suffering with Mesothelioma After Asbestos Exposure?

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What is Asbestos?

Asbestos is a fibrous material naturally found in rock and soil underground.  It comes in a variety of forms, including crocidolite, chrysotile, and actinolite.  Asbestos is a fire-retardant material.  It was previously mined in the United States, where it was used in a variety of structures and products, including:

• Insulation
• Ceiling tiles
• Roofing shingles
• Heat resistant fabrics
• Cement products
• Pipe coatings
• Furnaces
• Ships
• Construction projects
• Capacitors
• Automobile parts
• Wall boards
• Tubing
• Baby powder
• Talcum powder

Some asbestos is still imported to the United States today.  While much has been done to address asbestos exposure, new exposures continue to occur.  Massachusetts employers like Pilgrim Nuclear Power Station in Plymouth, the Worcester County Jail and House of Corrections, and certain development projects in Lowell and Boston were recently subjected to penalties for exposing workers and the public to asbestos.  Remediation companies performing work at the Springfield YMCA recently entered into consent judgments over allegations of improper handling and disposal of asbestos, which may have exposed innocent people.

Asbestos exposure often takes decades to develop into mesothelioma, so previous exposures can continue to cause injuries in the present time. 

What is Mesothelioma?

Mesothelioma is a rare and devastating type of cancer that usually forms in the lining of your lungs or abdominal organs.  The most common cause of mesothelioma in the lining of the lungs is asbestos exposure, according to the American Cancer Society.

Symptoms of pleural mesothelioma, or mesothelioma in the lining of the lungs, include:

• Coughing
• Shortness of breath
• Losing weight without trying
• Pain in the chest or back
• Difficulty swallowing
• Hoarseness
• Swelling of the arms and/or face
• Fatigue
• Fever

Like with other cancers, the American Cancer Society states that doctors use stages to categorize the extent of malignant pleural mesothelioma in a person’s body.  Stage I is the least developed, with the cancer localized to the lung lining.  In Stage II, more symptoms appear as the cancer spreads to nearby lymph nodes and other tissues.  Stage III requires more intensive treatment as the cancer grows deeper into other tissues and organs. Stage IV represents the most advanced cases, as the cancer metastasizes to other organs and the goal of medical shifts to managing symptoms.

There are treatments for mesothelioma, which include chemotherapy, radiation, surgery, and immunotherapy.  This treatment is very involved and can be tremendously expensive, placing a huge burden on mesothelioma victims and their families.

Mesothelioma is most commonly caused by exposure to asbestos.  It usually takes 20 to 50 years after exposure for mesothelioma to develop.

How Much Asbestos Does It Take to Cause Mesothelioma?

Unfortunately, there is no safe exposure to asbestos.  Any amount of asbestos exposure can lead to mesothelioma.  Mesothelioma often does not manifest until decades after the asbestos exposure that caused it.  This can make holding the manufacturer or employer who exposed you responsible extremely challenging.  A skilled Massachusetts toxic torts lawyer can help you identify the appropriate party to seek damages from and demonstrate the link between your asbestos exposure and your mesothelioma to an insurance adjuster or in court.

What Damages May Be Available in an Asbestos Exposure Claim?

Damages available in an asbestos exposure lawsuit depend on the circumstances of the specific case.  Mesothelioma cases can result in substantial compensation into the multi  millions of dollars.  The value of a particular case is affected by whether the exposure was caused at work or by a defective product, the age of the person exposed, the severity of the mesothelioma, the income of the person exposed, and the mesothelioma prognosis.

Cases with secondary exposure, meaning the person was exposed from another person, can lead to sizable settlements. For example, a wife who was exposed to asbestos from washing her husband’s clothes who worked putting asbestos insulation around turbine generators at a power plant. 

Potential damages include compensation for:

• Past medical expenses
• Future medical expenses
• Lost income (past and future)
• Pain and suffering
• Loss of enjoyment of life and intimate relationships
• End-of-life costs
• Wrongful death

Diagnosed with Mesothelioma, Lung Cancer or Asbestosis from Asbestos Exposure? 

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Call / Text 617-821-5856

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Did Manufacturers Know Asbestos Was Dangerous?

Court records, government reports, and internal industry documents make it clear: asbestos manufacturers, suppliers, and even insurers such as MetLife knew of the deadly health effects of asbestos exposure decades before the public was warned.

As early as the 1930s, peer-reviewed studies—including those published in the Journal of the American Medical Association—linked asbestos dust to fatal lung scarring and cancer. In 1935, Dr. Leroy Gardner of the Saranac Laboratory documented asbestosis in workers, research that was funded by asbestos companies and later suppressed. Internal correspondence uncovered in litigation revealed that MetLife conducted industrial hygiene studies for Johns-Manville and Raybestos-Manhattan in the 1930s and 1940s, finding high rates of lung disease among workers. According to court testimony in Rutkowski v. Occidental Chemical Corp. and related cases, MetLife delayed publication of these findings for years at the request of asbestos manufacturers.

By the 1940s and 1950s, the U.S. Public Health Service was warning that prolonged asbestos exposure could cause asbestosis and cancer. Yet, companies continued to market asbestos products without adequate warnings, often claiming that exposure was safe if “dust levels” were kept low—despite lacking any effective monitoring or protective equipment for workers.

The 1970 passage of the Occupational Safety and Health Act led to the creation of the Occupational Safety and Health Administration (OSHA), which in 1971 adopted its first asbestos workplace exposure standard under 29 C.F.R. § 1910.93a (later renumbered § 1910.1001). These rules required employers to:

• Monitor airborne asbestos fiber levels.
  
• Maintain exposures below the permissible exposure limit (PEL).
  
• Provide respirators and protective clothing.
  
• Offer medical surveillance for exposed employees.
  
• Post warning signs and train workers about asbestos hazards.
  

Despite these legal requirements, OSHA inspection records and enforcement actions from the 1970s and 1980s show repeated violations by asbestos manufacturers, shipyards, and construction companies. Many employers ignored the law, allowing workers—and even their families through take-home dust exposure—to remain at high risk.

Today, most uses of asbestos in the U.S. are banned or strictly limited under the Toxic Substances Control Act (TSCA) and the Environmental Protection Agency’s 1989 Asbestos Ban and Phase-Out Rule (partially overturned in Corrosion Proof Fittings v. EPA, 5th Cir. 1991). While many asbestos companies have since filed for bankruptcy, bankruptcy courts—under the authority of 11 U.S.C. § 524(g)—have ordered the creation of asbestos trust funds. These trusts, including those linked to Johns-Manville, Owens Corning, and others, are designed to compensate victims who were exposed decades ago and later developed mesothelioma or other asbestos-related diseases.

For mesothelioma victims, these trust funds are a critical lifeline, offering a path to financial recovery despite the companies’ dissolution. The evidence is overwhelming: the asbestos industry knew the risks, chose profit over safety, and left a legacy of disease that continues to claim lives today.

What Do I Need for an Asbestos Exposure Claim?

To bring an asbestos claim, you generally need three key elements: 

(1) a medical diagnosis of mesothelioma, lung cancer, or asbestosis; 

(2) proof of past asbestos exposure; and 

(3) identification of the company or entity responsible for that exposure. 

In many cases, asbestos claims are pursued under a strict liability theory—meaning you do not have to prove that the manufacturer or supplier was negligent. If the product contained asbestos, was unreasonably dangerous, and caused your illness, the responsible party can be held liable simply for placing it into the stream of commerce.

If you have been diagnosed with mesothelioma or another asbestos-related disease, and you believe you were exposed to asbestos in the past, Attorney Tracy Paulsen—a skilled Massachusetts personal injury lawyer—can help determine whether you may have a viable asbestos lawsuit, trust fund claim, or workers’ compensation case. Because asbestos diseases have a long latency period, years or even decades may pass between the time you inhaled asbestos fibers and the day you were diagnosed. Strict liability laws exist precisely to ensure that companies cannot escape responsibility simply because of that delay.

Why Choose Rightful Legal for Your Asbestos Case?

If you were exposed to asbestos and now have a diagnosis of mesothelioma, you may have the legal right to bring a worker’s compensation claim or toxic torts lawsuit.  If you have suffered the loss of a loved one from mesothelioma after they were exposed to asbestos, you may have the legal right to bring a wrongful death claim. 

It is important that you act quickly, because you have a limited amount of time from when you discover your mesothelioma and its relationship to asbestos to bring your claim.  Delaying action on your case can result in losing your ability to receive compensation forever.

Rightful Legal is an Asbestos Exposure Law Firm led by Tracy Paulsen, who has over fifteen years of experience in representing injured workers and consumers and has worked directly on hundreds of asbestos lawsuits.  She will fight tirelessly for justice and compensation on behalf of the people of Boston, Bristol County, and the rest of Massachusetts who have been injured by exposure to asbestos.  We know that no legal action can ever erase your diagnosis or bring back your loved one.  We are here to help you obtain fair compensation for your losses so that you can achieve as much stability as possible for yourself and your family.

Rightful Legal is a close-knit team, devoted to their clients and their mission to hold negligent employers and manufacturers responsible for the harm they have caused you.  At Rightful Legal, you are not a number or a statistic.  You are a person, and will be provided with individualized attention, as well as legal guidance tailored to your unique situation.  Attorney Paulsen and her team will be with you throughout the complex process of bringing an asbestos exposure claim, from assessing your case and collecting all the necessary evidence to handling all case filings, negotiations, and court appearances.  

You Do Not Pay Unless We Win Your Case.  Reach out to Rightful Legal now for a free, no-obligation consultation to share your asbestos exposure story, understand your legal rights as a mesothelioma victim, and get to know us.  This consultation is totally confidential, and we are not here to pressure you.  We want you to have the information you need to take the best next steps for you and your family.Text or Call Attorney Paulsen Directly at 617-821-5856.  You can also contact our experienced Massachusetts Asbestos Exposure Victim Lawyers Online Now.