A medical malpractice suit brought against two doctors at a Harvard-affiliated hospital on behalf of a deceased Harvard professor was resolved Friday, ending in the exonerations of the doctors and awarding no damages to the plaintiff after nearly five years of legal battles.
In May 2002, renowned evolutionary biologist Stephen J. Gould died at age 60 from lung cancer just 10 weeks after doctors found the tumor, which had already spread to his liver, brain, and other organs. His wife, Rhonda Roland Shearer, brought suit three years later, claiming that the lesion that became cancerous was already evident in an X-ray taken of Gould’s chest in Feb. 2001.
Shearer named three doctors in the suit—Rebecca L. Dyson, who had examined chest X-rays taken in Feb. 2001 at Harvard-affiliate Brigham and Women’s Hospital; Harvard Medical School professor Robert J. Mayer, an oncologist at the Dana-Farber Cancer Institute who had been Gould’s physician since 1993; and Salvatore G. Viscomi, who was exonerated earlier.
After deliberating for nearly five hours, the jury determined that neither doctor had been negligent, according to a clerk at the Mass. Middlesex Superior Court, where the trial was held.
“We are grateful that the jury looked at all the evidence and confirmed our view that Dr. Mayer provided high quality, appropriate, and compassionate care,” Dana-Farber spokesman Steven R. Singer said.
Mayer and Dyson’s lawyer William J. Dailey, Jr., credited the win to “very strong expert testimony on the part of the defendants indicating that they had complied with all practices at all times.”
The suit has been in the works since it was first filed in May 2005, and the trial itself lasted three weeks —an average length of time for a medical malpractice suit, according to the court’s clerk.
Gould had battled serious health issues earlier in his life. In 1982 he was diagnosed with abdominal mesothelioma, a cancerous growth in the tissue coating many organs that usually comes about as a result of asbestos exposure.
Gould recovered from the mesothelioma and “functioned at a very high level,” according to Dailey. Doctors at Dana-Farber, including Mayer, continued to follow Gould’s health. But Gould also suffered from small bowel obstructions, which Dailey described as painful and debilitating intestinal blockages, and was hospitalized in New York in March 2002 for his sixth such obstruction when the lung cancer was ultimately found, already at the final stage of progression.
Gould, a winner of the National Book Critics Circle Award for “The Mismeasure of Man,” developed the theory known as “punctuated equilibrium,” which describes evolution as a sporadic, jerky process over a period of time rather than a smooth, gradual change in traits.
Source
Sunday, February 28, 2010
Monday, February 15, 2010
Mesothelioma victim fighting for compensation
A former mill worker employed at a paper mill in Camas, Washington, has been awarded $10.2 million in compensation after developing mesothelioma, a rare but aggressive form of cancer. However, an appeal is expected, delaying the compensation. The man, Henry Barabin, worked in Camas for 16 years, and during his time at the paper mill his work involved him cleaning an asbestos ribbon with compressed air. At the time, the mill was operated by Crown Zellerbach, but is today run by Georgia Pacific.
Barabin was diagnosed in 2006. Mesothelioma is nearly always caused by exposure to asbestos, a mineral fiber widely used in construction and manufacturing. While average Americans did not know about the health risks associated with asbestos exposure until the 1970s, there is evidence that companies using the material may have known about the risks for decades prior to that, but did nothing to protect their workers.
According to Barabin's lawyer, James Nevin, "Asbestos is very strong, durable. The problem is, those same propensities - it has them when it is inhaled into your body. People like [Barabin], who were exposed years ago, are still going to be developing diseases, because they are such long-latency diseases. Most doctors don't know to even ask about history of asbestos exposure. [At-risk workers] need to be assertively telling their doctor, 'I need to be monitored for this.'"
"They [the company] knew in the 1920s that asbestos dust released from products was causing asbestosis," he added. "They knew in the '30s that it was causing lung cancer. And by 1960 they knew it caused mesothelioma."
Source
Barabin was diagnosed in 2006. Mesothelioma is nearly always caused by exposure to asbestos, a mineral fiber widely used in construction and manufacturing. While average Americans did not know about the health risks associated with asbestos exposure until the 1970s, there is evidence that companies using the material may have known about the risks for decades prior to that, but did nothing to protect their workers.
According to Barabin's lawyer, James Nevin, "Asbestos is very strong, durable. The problem is, those same propensities - it has them when it is inhaled into your body. People like [Barabin], who were exposed years ago, are still going to be developing diseases, because they are such long-latency diseases. Most doctors don't know to even ask about history of asbestos exposure. [At-risk workers] need to be assertively telling their doctor, 'I need to be monitored for this.'"
"They [the company] knew in the 1920s that asbestos dust released from products was causing asbestosis," he added. "They knew in the '30s that it was causing lung cancer. And by 1960 they knew it caused mesothelioma."
Source
Tuesday, December 15, 2009
Mesothelioma-Causing Asbestos Exposure Results in $130 Million to Help Affected Residents
After declaring a public health emergency for the town of Libby, Montana in June of this year, the Environmental Protection Agency (EPA) and the Department of Health and Human Services (HHS) are planning on spending more than $130 million on cleanup efforts and improving the health care system in the area.
To date, approximately 400 Libby residents have passed away from asbestos-related diseases such as malignant mesothelioma. In addition to Libby, the nearby town Troy is also intended to benefit from the public health emergency funds.
Asbestos exposure has affected the area because of W.R. Grace & Company’s nearby toxic vermiculite mine that was contaminated with asbestos. Workers in the mine not only exposed themselves, but family members as well by unknowingly carrying home asbestos fibers on their clothes. Other locations such as fields, roads, playgrounds and gardens were contaminated with asbestos-laced soil as well.
According to the HHS, about 500 people out of the 3,900 that currently live in Libby and Troy have asbestos-related problems. Approximately 50 new cases are reported each year and nearly 2,000 people in Libby have been affected by asbestos since the official closing of the mine in 1990.
While the EPA has had the authority to announce a public health emergency since 1980, the one declared for Libby and Troy is the first of its kind.
The funds for the public health emergency will span over a five-year period with the EPA contributing approximately $125 million. Another $6 million will be spent by the HHS on medical assistance.
The EPA has been working in Libby since 1999, the first year an Emergency Response Team was sent in to investigate the concern over asbestos-contaminated vermiculite. Since that time, the EPA has been working closely with the town to clean up contamination and improve human health.
Additional information about mesothelioma and asbestos exposure may be found through the Mesothelioma Center.
Source
To date, approximately 400 Libby residents have passed away from asbestos-related diseases such as malignant mesothelioma. In addition to Libby, the nearby town Troy is also intended to benefit from the public health emergency funds.
Asbestos exposure has affected the area because of W.R. Grace & Company’s nearby toxic vermiculite mine that was contaminated with asbestos. Workers in the mine not only exposed themselves, but family members as well by unknowingly carrying home asbestos fibers on their clothes. Other locations such as fields, roads, playgrounds and gardens were contaminated with asbestos-laced soil as well.
According to the HHS, about 500 people out of the 3,900 that currently live in Libby and Troy have asbestos-related problems. Approximately 50 new cases are reported each year and nearly 2,000 people in Libby have been affected by asbestos since the official closing of the mine in 1990.
While the EPA has had the authority to announce a public health emergency since 1980, the one declared for Libby and Troy is the first of its kind.
The funds for the public health emergency will span over a five-year period with the EPA contributing approximately $125 million. Another $6 million will be spent by the HHS on medical assistance.
The EPA has been working in Libby since 1999, the first year an Emergency Response Team was sent in to investigate the concern over asbestos-contaminated vermiculite. Since that time, the EPA has been working closely with the town to clean up contamination and improve human health.
Additional information about mesothelioma and asbestos exposure may be found through the Mesothelioma Center.
Source
Saturday, November 28, 2009
Widow Speaks of Husband’s Asbestos Death
A woman from the UK has recently spoken out about how she watched her late husband struggle to cope with the asbestos cancer mesothelioma, which is a disease that is caused by exposure to asbestos dust and fibers, and which she said finally took the life of her husband.
Ursula Blewden said that her late husband Frederick used to serve as a soldier for the army, and this is where he was exposed to the potentially deadly substance asbestos, which eventually resulted in him contracting malignant mesothelioma.
Mr Blewden is said to have worked as an engineer for Royal Electrical and Mechanical Engineers from 1941 to 1960, where the exposure is said to have occurred. His widow said: ‘We were just three days from our diamond wedding anniversary when he died. I am very sad he is not here still.’
She added: ‘He lost six stone in seven months. It was so quick. He went from 11 stone to just five stone and he couldn’t support his own weight. He had been very healthy before that. He collapsed on July 14 just outside our bedroom.’
Source
Ursula Blewden said that her late husband Frederick used to serve as a soldier for the army, and this is where he was exposed to the potentially deadly substance asbestos, which eventually resulted in him contracting malignant mesothelioma.
Mr Blewden is said to have worked as an engineer for Royal Electrical and Mechanical Engineers from 1941 to 1960, where the exposure is said to have occurred. His widow said: ‘We were just three days from our diamond wedding anniversary when he died. I am very sad he is not here still.’
She added: ‘He lost six stone in seven months. It was so quick. He went from 11 stone to just five stone and he couldn’t support his own weight. He had been very healthy before that. He collapsed on July 14 just outside our bedroom.’
Source
Sunday, November 15, 2009
West Virginia Mesothelioma Cancer News - Judge Dismisses Asbestos Fraud Lawsuit
Mesothelioma lawyer news alert: A federal judge has dismissed a lawsuit alleging fraud and conspiracy over an asbestosis diagnosis.
Mesothelioma Cancer News (West Virginia) – A U.S. District Judge has dismissed a lawsuit by a transportation company that accused a radiologist and law firm of fraud and conspiracy. As reported by the Associated Press (AP), U.S. District Judge Frederick Stamp dismissed a case against Pittsburg attorneys Robert Pierce and Louis Raimond and Dr. Raymond Harron, brought by Florida based CSX Transportation, due to insufficient evidence.
As noted by the AP, the transportation company filed the lawsuit alleging the diagnosis of asbestosis in Kentucky railroad worker Earl Baylor was fraudulent. Harron was reportedly investigated by the Texas Medical Board for questionable lung disease diagnoses, and agreed to no longer practice medicine in the state in 2007.
Mesothelioma Cancer News provides news and information on West Virginia Mesothelioma Cancer
Source
Mesothelioma Cancer News (West Virginia) – A U.S. District Judge has dismissed a lawsuit by a transportation company that accused a radiologist and law firm of fraud and conspiracy. As reported by the Associated Press (AP), U.S. District Judge Frederick Stamp dismissed a case against Pittsburg attorneys Robert Pierce and Louis Raimond and Dr. Raymond Harron, brought by Florida based CSX Transportation, due to insufficient evidence.
As noted by the AP, the transportation company filed the lawsuit alleging the diagnosis of asbestosis in Kentucky railroad worker Earl Baylor was fraudulent. Harron was reportedly investigated by the Texas Medical Board for questionable lung disease diagnoses, and agreed to no longer practice medicine in the state in 2007.
Mesothelioma Cancer News provides news and information on West Virginia Mesothelioma Cancer
Source
Wednesday, October 28, 2009
Mesothelioma cancer experts offer advice on mesothelioma lawyers
Mesothelioma settlements are made when the respective court gives a ruling in favor of the plaintiff.
These settlements are conducted, not only for the victims, but also for their families on the basis of losing their loved ones who suffered due to mesothelioma cancer. Their families also suffered both the a financial and emotional loss.
The journey of mesothelioma is very long and dreadful. Between 1900 and 1980, asbestos was used in abundance, in about 3000 industrial and commercial products. Millions of workers were employed in these asbestos-related industries.
Due to the inhuman negligence of the owners of these asbestos mines and industries, mesothelioma cancer developed its roots in the body systems of these workers, and their lives were filled with pain and agony in the years to come.
Mesothelioma cases are filed through attorneys in court for a complete settlement and concessions against problems faced due to mesothelioma. On filing such cases, the results of these claims are often different. Settlement results differ dramatically, with some reaching six to seven million.
The mesothelioma attorneys who deal with these mesothelioma cases claim to get as much compensation as possible for their client, in order to provide security for his family, in his own life, or even when he’s gone. These attorneys have experience dealing with these irresponsible organizations and are of the opinion that the claimants have every right to claim the compensation, since these patients have been robbed of their healthy lives.
Sometimes, it happens that the case may not even have to go to the trial, if a settlement can be reached between the plaintiff and the defendant, through the respective attorneys
Therefore, when looking for a mesothelioma attorney, the patient and his family should search for an attorney with vast experience in dealing with similar cases and achieving success. His guidelines, familiarity and knowledge will help in the processing of claims and result in a sound settlement with a promising compensation.
Source
These settlements are conducted, not only for the victims, but also for their families on the basis of losing their loved ones who suffered due to mesothelioma cancer. Their families also suffered both the a financial and emotional loss.
The journey of mesothelioma is very long and dreadful. Between 1900 and 1980, asbestos was used in abundance, in about 3000 industrial and commercial products. Millions of workers were employed in these asbestos-related industries.
Due to the inhuman negligence of the owners of these asbestos mines and industries, mesothelioma cancer developed its roots in the body systems of these workers, and their lives were filled with pain and agony in the years to come.
Mesothelioma cases are filed through attorneys in court for a complete settlement and concessions against problems faced due to mesothelioma. On filing such cases, the results of these claims are often different. Settlement results differ dramatically, with some reaching six to seven million.
The mesothelioma attorneys who deal with these mesothelioma cases claim to get as much compensation as possible for their client, in order to provide security for his family, in his own life, or even when he’s gone. These attorneys have experience dealing with these irresponsible organizations and are of the opinion that the claimants have every right to claim the compensation, since these patients have been robbed of their healthy lives.
Sometimes, it happens that the case may not even have to go to the trial, if a settlement can be reached between the plaintiff and the defendant, through the respective attorneys
Therefore, when looking for a mesothelioma attorney, the patient and his family should search for an attorney with vast experience in dealing with similar cases and achieving success. His guidelines, familiarity and knowledge will help in the processing of claims and result in a sound settlement with a promising compensation.
Source
Thursday, October 15, 2009
New Study Indicates Mesothelioma Deaths Continue To Rise
New Study Indicates Mesothelioma Deaths Continue To Rise
Federal report underscores the need to control work-related exposure to asbestos, says Attorney Joe Belluck of NY’s Belluck & Fox.
New York, NY (Advertiser Talk) 08-Sep-2009 — A newly released federal study indicates that deaths from malignant mesothelioma continue to increase, underscoring the ongoing need to control hazardous work-related exposure to asbestos, says a New York personal injury attorney.
“The tragic legacy of asbestos will be with us for many years to come,” said Joseph W. Belluck, a partner at the New York law firm of Belluck & Fox, LLP, which handles asbestos-related injury cases. “Even today, people in certain occupations continue to be exposed.”
The tragic legacy of asbestos will be with us for many years to come Even today, people in certain occupations continue to be exposed. The Best Lawyers in the New York Area The Best Lawyers in the New York alignant mesothelioma is a rare and often fatal disease caused by exposure to asbestos. Many people receive the diagnosis without realizing that a job they held decades ago could be the cause, said Belluck.
The use of asbestos has declined since the 1970s. But mesothelioma typically develops in people 20 to 40 years after the initial exposure.
The researchers reported that 26 states had mesothelioma death rates higher than the national average of 13.8 deaths per million per year. Six states had annual mesothelioma death rates exceeding 20 deaths per million people. They were Maine, Wyoming, West Virginia, Pennsylvania, New Jersey and Washington.
New York had more than 1,000 people die of mesothelioma from 1999-2005.
Source
Federal report underscores the need to control work-related exposure to asbestos, says Attorney Joe Belluck of NY’s Belluck & Fox.
New York, NY (Advertiser Talk) 08-Sep-2009 — A newly released federal study indicates that deaths from malignant mesothelioma continue to increase, underscoring the ongoing need to control hazardous work-related exposure to asbestos, says a New York personal injury attorney.
“The tragic legacy of asbestos will be with us for many years to come,” said Joseph W. Belluck, a partner at the New York law firm of Belluck & Fox, LLP, which handles asbestos-related injury cases. “Even today, people in certain occupations continue to be exposed.”
The tragic legacy of asbestos will be with us for many years to come Even today, people in certain occupations continue to be exposed. The Best Lawyers in the New York Area The Best Lawyers in the New York alignant mesothelioma is a rare and often fatal disease caused by exposure to asbestos. Many people receive the diagnosis without realizing that a job they held decades ago could be the cause, said Belluck.
The use of asbestos has declined since the 1970s. But mesothelioma typically develops in people 20 to 40 years after the initial exposure.
The researchers reported that 26 states had mesothelioma death rates higher than the national average of 13.8 deaths per million per year. Six states had annual mesothelioma death rates exceeding 20 deaths per million people. They were Maine, Wyoming, West Virginia, Pennsylvania, New Jersey and Washington.
New York had more than 1,000 people die of mesothelioma from 1999-2005.
Source
Subscribe to:
Comments (Atom)