Friday, October 15, 2010


 3. Additional changes to provide fair and just benefits and compensation
In addition to the above proposals to eradicate delays to mesothelioma claims, we have
proposed changes (Appendix A) that would improve benefits and compensation for
mesothelioma sufferers. These do not amount to a ‘wish list’ of changes, but relate to many
small and large injustices faced by mesothelioma sufferers all of which deserve action.

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Thursday, October 14, 2010


 2. Overcoming delays to mesothelioma claims pre and post-action.
A government long term solution was unveiled at the Mesothelioma Summit on the 13 March
2007 to provide a lump sum payment to all mesothelioma sufferers.4 This dramatic
government announcement, taken together with the interim measures already implemented,
amount to a major step forward for mesothelioma sufferers.
Notwithstanding these important government initiatives, including the practice direction
already referred to, much more needs to be done to improve claims, especially pre-action.
We are convinced that unless government addresses serious remaining obstacles to
mounting mesothelioma claims all government initiatives now and in the future will
remain partial and fail to achieve the government’s declared objectives.
In our submission to the DWP in November 2006 we identified the following obstacles to
mesothelioma claims. We believe that it is essential that they are removed.
Employers Liability Compulsory Insurance
A mesothelioma claim cannot be effectively pursued if an insurer cannot be traced where the
employer is no longer trading. Many legitimate claims fail simply because of this.
Furthermore, time is lost in tracing an insurer, so that in many cases a mesothelioma sufferer
will have died by the time an insurer has been traced.
The proposals below are essential, in many cases, to the issue of an early letter of claim and
to improve the pre-action process.
Establish a central repository for employers liability insurance
There is currently a requirement to keep employers liability insurance records (ELI) for 40
years. However, there is no system for central storage of insurance records, without which it
is very likely that the current difficulties in tracing ELI records will continue into the future.
As companies cease trading it is not possible to ensure that their records are accessible and
traceable. There should be a compulsory requirement for all responsible organisations to
record their ELI policies in an agreed central storage system.
Impose a specific duty to make available and deposit all ELI records
The code of practice for tracing employers’ liability insurance is not proving effective. There
is a substantial amount of information held by insurers, brokers and others. We believe that
the parties who hold this information will not voluntarily make available all the information
they have. We believe there should be a specific duty placed on specified organisations (e.g.
insurance companies, employers, solicitors, and others) to lodge all ELI information available
to them in a designated, central storage system. This is an urgent issue as information is
gradually being lost or destroyed.
Dependency Claims
Many mesothelioma claims are delayed because a claim made after death can be more
advantageous for a mesothelioma sufferer’s dependants. We know that mesothelioma
sufferers wish to die secure in the knowledge that the best financial arrangements have been
made. We do not think an acceptable solution to this dilemma is for an interim payment to be
made pending completion of the claim after death.
The MoJ have proposed options which might satisfactorily resolve this dilemma in their
consultation paper CP9/07, and also remove the discrepancy in this aspect of law between
Scotland and England and Wales.5 We think that the options in the consultation paper should
be considered as a matter of urgency and a satisfactory solution agreed to provide just
compensation and to avoid unnecessary delay in settlement of claims and anguish to
mesothelioma sufferers and their families.
The FSCS validation rule
The Financial Services Compensation Scheme (FSCS) validation process causes long delays
in payment of damages to mesothelioma sufferers, so that in many instances they die before
payment is made. These delays could be eradicated if the mesothelioma sufferer were paid
prior to the conclusion of the validation process. The FSCS can afford to wait for payment
and would lose nothing in doing so. It is unacceptable to delay payment for no other reason
than bureaucratic convenience.
Arrangements for provision of medical records
The delay, in some instances, in the provision of medical records, can slow down the claims
handling process. While clinical treatment is a priority, the importance of making records
available to expedite mesothelioma claims is not always sufficiently understood.
The majority of hospital trusts in Merseyside have agreed to a Terminal Illness Protocol
which prioritises solicitors’ requests for medical records by accepting a a new form, titled,
“URGENT – Terminal Illness Case (TIC)”. It was noted in discussions that the current fee for
providing medical records is insufficient. A higher fee, particularly for solicitors’ priority
requests, would enhance the capacity of trusts to provide information in a timely manner.
The insurers’ latest challenge: the ‘trigger’ issue
Insurers are threatening to withhold compensation in mesothelioma cases pending the
outcome of the legal challenge, the ‘trigger’ issue. We have been contacted by claimants who
have been advised by their solicitors that payment might be delayed. One of the biggest
impediments to mesothelioma claims has been the continuous attempts by defendant and their
insurers to challenge the right of mesothelioma sufferers to compensation; first the Fairchild
case, then the Barker case and now the ‘trigger’ issue. We do not accept the assurances given
to government by insurers that they are eager to provide timely to compensation to
mesothelioma sufferers, when, at the same time, they are working day and night to defeat
legitimate claims. If this latest attack on mesothelioma claims is successful it will cause chaos
and lead swiftly to the end of compensation for mesothelioma sufferers.

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Wednesday, October 13, 2010


1. Mesothelioma Pre-Action Protocol
The fast track court system for mesothelioma claims, developed by Senior Master Whitaker,
has made the greatest single improvement to date in progressing living mesothelioma claims.
The MoJ has incorporated this fast track system into a Practice Direction, which will soon
take effect throughout the regions and expedite many more mesothelioma claims. It would be
a disaster if a mesothelioma pre-action protocol were to be adopted which would deny early
access to the fast track court system, and thereby undermine an initiative which has been
universally acclaimed.
However, we share concerns that more could, and should, be done to improve claims, both
pre-action and post-action. Government has already proposed improvements through interim
and long term measures. We think the government’s initial, interim approach with regard to
the pre-action process was correct in looking for an early, standard letter of claim in the
context of the Pre-Action Protocol for Disease and Illness Claims (Disease and Illness
Standard Letter of Claim
The announcement on 16 May 06 by John Hutton1 that the DWP, ABI, APIL and the DCA
had agreed to work together to speed up the settlement of claims for those suffering from
mesothelioma was universally welcomed. On the 20 July 06 eight interim measures were
announced, including the development of a Standard Claim Letter, which could be
implemented relatively quickly. Action on most of the interim measures has now been taken,
resulting in significant improvements.2
The development of a Standard Letter of Claim was overtaken by the ABI’s unexpected, and
unwelcome, draft mesothelioma pre-action protocol. We think that the initial proposal for a
Standard Claim Letter should now be developed, and implemented, as a matter of urgency.
Appropriate reference to the letter of claim should be made in the existing Disease and Illness
Protocol to the effect that:
• the letter of claim should be sent within 14 days of a defendant being identified3 and before
issuing proceedings;
• any delay in sending a letter of claim is unacceptable and we believe that sanctions should
be imposed on a claimant’s solicitor for failing to do so;
• 14 days should be allowed before proceedings are issued for a defendant to reply and admit
liability and make an acceptable offer and an acceptable interim payment.
It is clear that in many cases the claimant’s occupation and the defendant’s industry sector,
e.g. BR locomotive works, means that it is inevitable that liability will be accepted: it is
only a matter of time until this is done. In these circumstances especially it is possible for a
defendant to concede liability in response to a letter of claim within the specified period.
• proceedings may be issued at any time after the 14 days have elapsed from the claim being
Accepting liability must be quickly followed by a meaningful offer of compensation. Too
often this does not happen and a long delay ensues, leading to eventual ‘haggling’ on the
steps of the court. Anyone who has stood with a widow and witnessed this sordid spectacle
will understand the frustration and anguish caused by the claims process. This is why it is
essential that proceedings may be issued even if liability is admitted.
Fatal Claims
We believe that in contrast to living claims, fatal mesothelioma claims are not expedited as
they should. It is not acceptable that some fatal claims should take years to conclude. We
think that the Disease and Illness Protocol is not currently followed and we think it should be
effectively enforced, and sanctions should be imposed for delay. Fatal mesothelioma claims
should be monitored to assess the effectiveness of the Disease and Illness Protocol.
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Tuesday, October 12, 2010


The Forum is grateful for the recent opportunity to meet with Janet Howe, Ministry of Justice
(MoJ), about the draft mesothelioma pre-action protocol, and for the opportunity to re-engage
in the discussion on the best way forward for speeding up mesothelioma claims.
The Asbestos Victims Support Groups Forum – UK (Forum) submitted proposals to the
DWP for the improvement of mesothelioma claims in November 2006. Our proposals
included suggestions for change to the Industrial Injuries Scheme, the Pneumoconiosis etc.
(Workers Compensation) Act 1979 and to statute and common law rules (Appendix A).
We share the concerns of ministers and their officials about the many failings of the common
law system which denies compensation to so many mesothelioma victims, and fails to deliver
compensation in a timely way to those who are indeed ‘fortunate’ enough to succeed in their
The cards are truly stacked against mesothelioma sufferers:
• their disease has the dubious distinction of having the longest latency of all, consequently
tracing insurers is a nightmare;
• they often give up a claim in-life to secure financial security for dependants on death;
• they often do not live long enough to know the outcome of their claims;
• the delay in getting medical records can add sufficient additional delay to deny
compensation in life;
• even when damages are won, the FSCS validation process can delay payment until after
• the latest insurers legal challenge (the ‘trigger issue) is now delaying payments in some
mesothelioma cases.
The government could make a huge difference, and deal a ‘better hand’ to mesothelioma
sufferers by acting to remove the above obstacles and delays. Our proposals below address
the concerns we have about the claims process, both pre-action and post-action.
More... »»  

Monday, October 11, 2010

The Different Types Of Mesothelioma

Mesothelioma in the present times is one of the most dangerous cancers in the world. Its cure is impossible and even its detection is quite difficult. The symptoms of mesothelioma are very much similar to some of the commonly occurring diseases. As a result even if the patient is showing the signs of having mesothelioma, it would be difficult for the doctor to diagnose it as such. There are mainly three types of mesothelioma that have the highest rate of incidence. These three types are the pleural mesothelioma, the pericardial mesothelioma and the peritoneal mesothelioma.

The Pleural mesothelioma: The primary cause of pleural mesothelioma is the exposure of the individual to the mineral asbestos. When the asbestos fiber gets lodged in between the mesothelium membrane surrounding the lungs then the cancer is known as the pleural mesothelioma. The cancer of pleural mesothelioma has the highest rate of occurrence. The asbestos fiber once inside the pleural membrane remains dormant for a long period of time. After this latency period, these fibers start interfering with the working of the mesothelial cells. This interference leads to the development of the cancerous tissues.

The Pericardial Mesothelioma: When the asbestos fibers start interfering with the mesothelial cells in the pericardial region then the resultant cancer is known as the pericardial mesothelioma. The mesothelium membrane surrounding the heart region is known as the pericardial membrane. The asbestos fibers after a long latency period start interfering with the working of the pericardial cells. This interference leads to the development of the cancerous cells in the pericardial region.

The Peritoneal Mesothelioma: The mesothelium membrane surrounding the abdominal region is known as the peritoneal membrane. When the asbestos fibers get lodged in between the peritoneal region then the resultant cancer is known as the peritoneal cancer. Just like in the other two cases, the peritoneal cancer occurs when the asbestos fibers after a long period of latency start interfering with the working of the peritoneal cells.

All the above three forms of mesothelioma are devastating for the patient as there is no permanent cure for this cancer. Once a person has been diagnosed with this cancer, the only option left to him is make his remaining life pain free and comfortable.
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Sunday, October 10, 2010

The Dangerous Cancer Of Mesothelioma

 The present day life of the modern man is already beset with myriads of stress and strains. There is a family to look after and a career to take care of. Then there are some social obligations that need to be carried out with all the enthusiasm. Among all these busy issues if an individual is told that he is suffering from one of the most dangerous cancers in the world; a cancer that has no cure and a cancer that is caused either due to the negligence of the government or probably one of his previous or present employers. His world would come crashing down. All his dreams, his hopes and his desire would simply vanish and would be replaced by anguish, disgust, anger as well as frustration. The only fault of the individual in this entire rigmarole would be that the individual himself or a near and dear one was exposed to the mineral asbestos.

Asbestos is the primary cause of the cancer of mesothelioma. This mineral is present in a natural state in almost all the countries of the world. Majority of the use of the asbestos is in the developed world. As a result a big proportion of mesothelioma patients are from this part of the world. The reason why mesothelioma is considered as one of the most dangerous cancers in the world is that it does not has any cure till now. Even its symptoms are not specific to this disease only. In majority of the cases the symptoms of mesothelioma are very much akin to some of the most commonly occurring diseases like pneumonia.

Another factor that makes this cancer a very dangerous disease is that the asbestos has a long period of latency. The asbestos fiber can remain dormant for as long as 30 to 40 years and may start functioning after this period of latency. As a result by the time the disease is diagnosed it has already progressed into the final stages. At that stage the only hope for the patient could be to live his remaining life as pain free as possible.
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Saturday, October 9, 2010

The Best Mesothelioma Treatment Center

Finding The Best Mesothelioma Treatment Center When I was looking for a reliable mesothelioma treatment center that can provide me all the legal information on mesothelioma, one of my friends has suggested me to go for New Mesothelioma Treatments. After visiting the website I really found the required information about mesothelioma treatment that I was looking for. In this article I am going to discuss why I was appreciated by this informative website.

As all we know that mesothelioma is a rare cancer cause of asbestos to exposure. Mesothelioma is such a disease that can spread out in quick manner if you don't take any treatment in the time. As per as precaution is concerned you need to have basic knowledge about mesothelioma disease that can help you to prevent from some unexpected incidents. To get legal information or to get some ideas about mesothelioma disease and about its symptoms you need to research on Internet. You will find lots websites are on the Internet that are providing mesothelioma information. Make sure before taking any step or any medicine on the basis of these websites you need to consult with your doctor. Because these web sites are not often reliable as per as mesothelioma treatment is concerned. 

Like me if you are also interested in getting knowledge about mesothelioma diseases and the way to get rid of this serious disease you need to go through a reliable website that can provide all the information about new mesothelioma treatment. While I found difficulties in finding out a good website, one of my friends has just suggested me to get for New Mesothelioma Treatments website. After visiting this appreciating website I really satisfied with the information they provided on the website - thanks New Mesothelioma Treatments for providing such needful information for the mesothelioma patients. I think these information would be useful to all the patients who are suffering from mesothelioma diseases.

So if you are looking for the mesothelioma information and also want to visit mesothelioma treatment center I would recommend you to go through this website in order to know about new mesothelioma treatment

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Friday, October 8, 2010

Finding A Mesothelioma Specialist

 Mesothelioma Treatment Options
The importance of finding a mesothelioma specialist
Because mesothelioma is statistically rare, initial diagnosis is typically delivered by a doctor, usually local to the patient, who has never seen a case of asbestos-related cancer in person, let alone guided a treatment regimen.... learn more about finding a mesothelioma specialist
While there is currently no cure available for malignant mesothelioma, there are treatments available. The types of treatments may include:

Treatment Options for Mesothelioma Patients

Your medical team will consider several factors in plotting a course of treatment:

Your age. 
Your current health status. 
The stage of the disease at the time of diagnosis. 
The location and size of the tumor. 
Given these particulars, oncologists may recommend different mesothelioma treatment options for different people. The preferences� � � � � � For more information 
of the mesothelioma patient and his / her family also are considered in creating a treatment plan. Therefore, it is important for everyone involved to fully understand all available options, and then make a personal decision on what is right in their particular case.

A mesothelioma treatment plan should be overseen by an oncologist. This is a doctor who specializes in cancer treatment and is more likely to be familiar with mesothelioma than the most physicians. Because of the rarity of this disease, it is encouraged that patients seek an opinion from a mesothelioma specialist. Contact us if you need help finding a mesothelioma specialist.

Intraoperative photodynamic therapy 
Gene therapy 
Surgery is commonly used in the treatment of malignant mesothelioma. The doctor may remove part of the lining of the chest or abdomen and some of the tissue around it. Sometimes part of the diaphragm, the muscle below the lungs that helps with breathing, is also removed. Depending on how far the cancer has spread, a lung also may be removed (pneumonectomy). The following are some of the most commonly used surgical treatments of mesothelioma:

Pleurodesis is a treatment administered through a thoracoscopy or existing chest tube. Pleurodesis creates inflammation effectively eliminating the pleural space. The elimination of this space then inhibits the accumulation of a pleural effusion. Generally used when the pleural effusion is symptomatic. Talc is used most commonly and effectively for this procedure, thus it is often referred to as "talcing" or as a patient having been "talced." 
Surgery to remove part of the chest or abdomen lining (pleura) and some of the tissue surrounding it. This procedure is performed for a variety of disorders including pleural effusion, malignant pleural mesothelioma, and trauma. 
Surgery to remove part of the chest or abdomen lining (pleura) and as much for the tumor mass as possible. This procedure may be performed to reduce pain caused by the tumor mass or to prevent the recurrence of pleural effusion. For peritoneal mesothelioma, surgery is generally aimed at relieving symptoms, such as recurrent ascites or bowel obstruction. As with pleural mesothelioma, complete surgical removal of the entire tumor is unlikely. 
Pneumonectomy (new-mo-NEK-to-me) 
Surgery to remove a lung. 
Extra pleural pneumonectomy (or EPP) 
Surgery to remove the pleura, diaphragm, pericardium, and entire lung involved with the tumor. You can view a web cast from Brigham and Women's Hospital in Boston of this procedure being done by Dr. David Sugarbaker: see the extrapleural pneumonectomy (EPP) web cast here. 
Radiation therapy
High-energy x-rays, gamma rays, neutrons, and other sources of radiation are used to kill cancer cells and shrink tumors. Radiation coming from a machine outside the body is referred to as external radiation therapy or external-beam radiation therapy. Radiation may also come from materials that produce radiation called radioisotopes. Radioisotopes can be inserted in or near the cancerous cells or tumors; this type of radiation therapy is called internal radiation therapy, implant radiation, interstitial radiation, or brachytherapy. Systemic radiation therapy, also referred to as radiotherapy, irradiation, and x-ray therapy, uses a radioactive substance, such as a radiolabeled monoclonal antibody, that circulates throughout the body
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Wednesday, October 6, 2010

Surviving For Mesothelioma Cancer

 The cancer is rarely found in the United States, with less than 5000 victimized people. Generally, the older generation has been found to be the most affected.

Types of Treatment Available Surgery is the first treatment that the majority of patients go through. The malignant tumor masses are easily removed during surgery. A rather dangerous treatment, sends drugs throughout the body to further reach the cancer areas. Another treatment is using radiation; x-rays in high form. Radiation kills the mesothelioma cells.

Treatment by Chemical is given as a pill to injected into a vein. It can also be injected into the muscle. It is primarily used to target the local area of the tumor. During treatment, patients experience extreme side effects: vomiting, hair loss, nausea, exhaustion, and anorexia. Side effects are harbored specifically with treatments.

Chemotherapy can use a one-pill treatment that has success. Patients have better experiences with this type, also referred to single-agent therapy. Specific agents used are as follows: doxorubicin, carboplatin, mitomucin, cyclophosphamide, Ifosdomide and cisplatin. The response rate to these drugs range depending upon the drug.

A list of the rates follows below along with the related drug:

15% response- doxorubicin, detrorubucin, pirarubicin, and epirubicin. 10%-20%- carboplatin, mitomucin, cyclophosphamide, Ifosdomide and cisplatin. 14% -- listed again is cisplatin. 36%-- cisplatin, a rare case that lasted two to eight months.
The response rates are proven to be extremely low when using single-agent chemotherapy. Scientists are driven to study a number of treatment combinations for mesothelioma cancer patients. They have increased the response rates up to 44%, but still lack effectiveness. The combination treatments are not being used often enough for dramatic changes, slimming the effects on patients to single-agent therapy. A newer combination showing a 47% response rate uses a more recent agent called gemcitabine. The agent is used in combination with cisplatin. This research was performed in Australia by Australian researchers and has proven survival results with Stage III and IV patients. The research ran for 25 weeks and given a chance for survival at 41%.

Given all the regimes for treating people, new research brings more treatments and the tools needed to perform. Doctors are getting many more patients and better at predicting the appropriate regime for specific patients. Patients are diagnosed based on their age and the cancer stage of mesothelioma they are in.
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Tuesday, October 5, 2010

Ask To Lawyers For About Mesothelioma

What is the Government doing about mesothelioma?
Mesothelioma is one of the biggest killers in the UK, and statistics are set to peak over the next 10 to 15 years as the disease has a long incubation period. Swept under the carpet for years, the problem of the 'Silent Killer' (as the disease has become known) has recently received much higher public exposure with the successful conclusion of a court case centred on which insurance policy providers were liable to pay out in the event of a victim developing the disease - the insurers covering the company at the time of exposure or the insurers involved at the time of diagnosis. The 'trigger case' lasted for nine weeks in 2008, and was regarded by specialist lawyers (solicitors) representing the families of mesothelioma victims as a landmark in how the courts would regard claims brought against former employers for injuries or illness as a direct result of exposure to asbestos.

The profile for this preventable industrial disease has been raised further by the decision to make February 27th 2008 as Action Mesothelioma Day. The day was marked by events throughout the UK with the purpose of raising awareness in the media and with the public of the disease. An international conference discussed advances in the treatment of mesothelioma. John Edwards, Consultant Thoracic Surgeon and chair of the British Mesothelioma Interest Group, who addressed the conference said: "Researchers are desperate for funds to develop life saving treatments. Mesothelioma is far and away the least researched of the top twenty cancers in the UK. Funding for a UK National Centre for Asbestos Related Diseases is a priority. Such a virtual institution would encourage collaboration and stimulate research to generate future treatments to prolong and save lives."

The Government has recognized that the ongoing problem of mesothelioma is one that has not subsided over time. Although the use of asbestos as a building material has been banned for over 20 years, there are still thousands of public buildings - in particular schools - that still have asbestos as part of their main structures. Although the asbestos has been coated with a protective layer of silicon to prevent dust escaping into the atmosphere, any damage to this layer could result in deadly dust being released. Those involved in the ongoing battle against the disease also fear that plumbers, electricians and other maintenance workers are at risk from exposure as they work on older properties that still contain asbestos.

Unite and other trade unions, health professionals, mesothelioma patients' asbestos support groups and Michael Clapham MP, chair All Party Asbestos sub committee, are leading the proposal for the National Centre for Asbestos Related Diseases. The development group has wide support and has met the Prime Minister's special advisor on health in Downing Street, the national director for cancer and the minister for health with responsibility for cancer. The meeting was seen as a step forward by all parties indicating that the government takes the problem of mesothelioma seriously. The campaign is calling on the government to provide funding for a National Centre for Asbestos Related Disease to keep the UK in line with other western countries. The Australian government has already provided $6.2 million to fund a National Centre for Asbestos Related Disease. British sufferers and support groups are asking the government to match this funding , around £5 to 10 million, to provide a similar centre in the UK.

As the profile of this industrial disease is raised, the hope amongst specialist solicitors representing families of the victims of mesothelioma is that the long battle for compensation that many families face will become easier, ensuring that victims receive the compensation they deserve.
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Monday, October 4, 2010

The Challenge That It Poses For Mesothelioma

Mesothelioma is a type of cancer which is posing a difficult challenge to the medical scientists as well as humanity. The more information that is gleaned about this cancer leads to just one fact that the only way this disease can be fought is by diagnosing it earlier so that effective treatment could be carried out. And that is where the challenge lies.

Mesothelioma is caused by the exposure to the mineral called asbestos. Once this mineral finds its way into the mesothelial cells it leads to the development of this dreaded cancer. Mesothelium is a membrane that forms a protective sac around the internal organs of the human body. It has different names depending upon which organ it is covering. Generally there are five types of mesothelioma which are pleural mesothelioma, peritoneal mesothelioma, pericardial mesothelioma, mesothelioma of the tunica serosa uteri, and the mesothelioma of the tunica vaginalis testis. A majority of the reported cases are those of the pleural and the peritoneal mesothelioma.

Once these asbestos particles find their way into the mesothelium, they lead to the cancerous development of the mesothelial cells. The challenge that mesothelioma poses to the medical scientists is that these asbestos particles remain dormant within the mesothelium for a very long time. Sometimes up to 50 years. As a result by the time the patient is diagnosed with mesothelioma, the cancer has already reached its later stages. At that stage the best that the doctor can do is make the remaining years of the patient as pain free as possible. Mesothelioma is one cancer that needs to be tackled with utmost attention. 
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Sunday, October 3, 2010

Mesothelioma Clinical Trials

Clinical trials, phases I through III, are experimental treatments that have not yet been proven to be effective enough to be accepted as standard treatment. In fact, they are done for the purpose of determining whether they are or are not effective, and of determining to what degree they are effective. Results from clinical trials are compared with other forms of treatment to determine the most effective treatments under varying conditions. Clinical trials types include:

• Prevention trials

• Screening trials

• Diagnostic trials

• Treatment trials

• Quality-of-life, or Supportive care trials

• Genetics studies

What Kinds of Clinical Trials are Available for Mesothelioma Patients?

Clinical trials for treatment of mesothelioma might be designed to find a new treatment, or to improve a standard one. They test new drugs, radiation therapy, vaccines, new methods of surgery, or new treatment combinations.

Quality-of-life, also called supportive care trials work to improve cancer patients’ and survivors’ quality of life, comfort, or reduce the side effects of treatment or the cancer, itself.

How to Enroll in a Clinical Trial.

If your physician is unable to offer you a treatment or surgical option that he believes will cure, or improve, your condition, you may be eligible to enroll in a clinical trial. Your physician will be able to tell you which clinical trials are appropriate for you, and how to enroll.

Who Pays for Clinical Trials?

Clinical trials are not free. As with any medical treatment, you are responsible to pay for payment. If you have health insurance, you will need to find out whether or not they cover the particular clinical trial you intend to undergo. If your policy states that it considers clinical trials to be experimental or investigative, it may not cover any or your expenses for this treatment.

Increasingly, states are passing laws that require coverage for at least the routine care you would get during a clinical trial. These include doctor visits, hospital stays, lab work and x-rays and other costs common to any covered treatment that you might receive. In most cases the group sponsoring the trial will cover some of the costs of the clinical trials. These would include the costs that are related to tests that are done solely for research purposes.

The National Cancer Institute (NCI) is one of those research groups. NCI is working with major health insurance companies and managed care groups, and Medicare covers patient care clinical trial costs. NCI offers links to articles about clinical trials that may answer many of your questions. Other links to valuable information are at NCI Publications.

What Happens During a Clinical Trial?

There are four phases of treatment clinical trials:

Phase I: First step in testing a new treatment in humans

• Evaluates effective dose, route of delivery, and frequency of treatment

• Evaluates harmful side effects

• Involves only a small number of human subjects

Phase II:

• Studies safety and effectiveness of this treatment

• Evaluates effect on human body

• Limits to a specific type of cancer

• Involves fewer than 100 patients

Phase III: Compares this treatment to the current standard treatment

• Patients are randomly assigned to either the standard treatment or the one under study

• Treatments at phase III have shown promise based upon results from phases I and II

• Involves large numbers of people from many different places in the country

Phase IV:

• Evaluate the long-term safety and outcomes of this treatment

• Usually done after treatment is approved as a standard treatment

• Involves hundreds to thousands of people to ensure consistency in results

A 2002 study at phase III showed that a new chemotherapy drug regimen was effective in extending the lives of mesothelioma patients while reducing pain and discomfort.

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Choosing a Mesothelioma Attorney

Claiming Your Rights; Choosing a Mesothelioma Attorney
Mesothelioma is a silent intruder that destroys the mesothelium – the protective covering so necessary for buffering and lubricating our precious organs. Victims of this horrendous disease may not be aware that they have contracted it for 20 to 50 years after exposure. By then, the disease may have progressed to later stages that are more difficult to treat.

Many manufacturers, distributors, and installers of asbestos related products used this mineral fiber in numerous products such as:

· vinyl floor tiles

· roofing tars

· gaskets

· caulk

· adhesives

· clutch plates

· stage curtains

· fire blankets

· interior fire doors

· thermal pipe insulation.

Although it was a panacea in the manufacturing industry for years, in the early 20th century, our government determined that the fibers were highly toxic. Unfortunately, the manufacturers and other related companies weighed this risk against their profit and determined that their gain was more important than your life.

Finding the Attorney that is Right for You

Literally hundreds of thousands of people have been impacted by this disease. According to the RAND Corporation, over 730,000 claimants have filed suit. Many law suits are still being filed as a result of mesothelioma. If you or a loved one suffer from this malignant disease, know your rights. Choose to file a claim with an attorney that can support and guide you through the process and get you the settlement you deserve. Some of the things to consider are:

· Is mesothelioma your attorney’s specialty?

· How much experience do they have?

· How many cases has your attorney represented?

· Of the cases represented, how many were won?

· What were the dollar amounts of each settlement?

· Will your attorney aggressively pursue your claim?

· Do they have the resources necessary to represent you?

In addition to the legal considerations, how well does your attorney know this disease? Yes, it is a medical question, but an attorney that specializes in mesothelioma should know this disease inside out. Not only will it help with your case, but the attorney that knows this disease has the added advantage of compassion and understanding.

· The right attorney will know what you and your loved ones are dealing with.

· The right attorney understands the nature and stages of this disease.

· The right attorney understands the impact on the entire family.

· The right attorney provides personal attention for each client.

· The right attorney knows and empathizes with your anger and frustration toward an industry that robbed you of your health.

Matt Kiley can answer yes to any of your considerations for the right mesothelioma attorney. He has your best interest at hands and wants to get you the results you deserve.
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Mesothelioma Lawsuit – Step-By-Step Plan

For a mesothelioma lawsuit case to be successful, it must be properly thought through and planned. This requires a combination or resources ranging from finance, doctor’s advice, proper investigation and then the final execution by the lawyer. Usually, mesothelioma lawsuits can be drawn out over extended periods as asbestos related companies will not accept the lawsuit lying down. They usually hire high profile lawyers who apply significant pressure on the plaintiff to validate their claim.

1. Know the symptoms: If you had a history of being exposed to asbestos over an extended period in the past twenty to forty years, it is best to always be on the lookout for the symptoms of mesothelioma. This does not mean to be always fishing for ailments but just be in a raised level of awareness. Unfortunately, the symptoms of mesothelioma are similar to other respiratory ailments and carry symptoms of chest pains, shortness of breath, unexplained loss of weight and bloating. If your doctor is unable to diagnose a cause for these symptoms, then maybe it is time to look out for mesothelioma cancer.

2. Get your Diagnosis: By doing an x-ray, ultra sound or CT scan, your doctor will be able to locate scars in the mesothelium around your lungs, heart or abdomen. This will be a direct indication that you have developed mesothelioma.

3. Do not hesitate: many states put restrictions on the amount of time allowed between your diagnosis of mesothelioma and when you are allowed to file your mesothelioma lawsuit. As a result, do not hesitate; seek out a competent mesothelioma lawyer who will be able to make a credible case on your behalf.

4. Seek a good mesothelioma lawyer: various sources are available, through which you can get information on reputable mesothelioma lawyers. Always choose those with good track records and with a client based who can testify to their professionalism.

5. Work history: Prepare all relevant information pertaining to your employment history or that of your spouse that can prove how you became exposed to asbestos particles. Your lawyer may also employ an investigator to see if the company has had any other mesothelioma lawsuits filed against them. In addition, they will also maintain a close relationship with your doctor so get their expert opinion during the case.

6. Filing the lawsuit: This is the first part of the court proceedings where your mesothelioma lawyer will submit your papers and the document will be served on the defendant. The defendant will then answer by either filing a counter suit or a motion to dismiss the case.

7. Supplying the defendant with information: If the motion to throw out your mesothelioma case is denied, the defendant will then request information from you in order to discredit your claim. This includes information such as medical records, history of smoking and competency of your doctor. This information must be correct as they can be used against you in court.

8. Trial: Here is where the case begins in court. Your legal team must go through jury selection, make opening statements, provide evidence of how you developed mesothelioma, and cross-question witnesses.

9. Verdict: Once the evidence has been presented, the jury will deliberate the evidence and then decide if you are to be awarded damages for your mesothelioma.

10. Appeal: If you are successful in your mesothelioma case, be prepared for an appeal to be filed by the defendant. As mesothelioma awards usually cost them huge amounts of money.

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