Kin of Worker Killed by Mesothelioma File Lawsuit

Relatives of a Texas man who died from the deadly form of lung cancer mesothelioma after being exposed to toxic asbestos on the job have filed a lawsuit accusing his former employers of negligently failing to warn or protect him from the risks of exposure to asbestos.

Lewis Ayala died in September 2008 after working for years in shipyards, refineries, paper mills, chemical plants, and steel mills. Ayala developed mesothelioma, a rare but aggressive form of liver and lung cancer that is caused by exposure to asbestos, the toxic material used in insulation and other products.
Ayala’s suit, filed June 2, 2009 in Jefferson County District Court, names 37 defendants, including A.O. Smith Corp., A.W. Chesterton Co., Afton Pumps, Alcoa, American Biltrite, BNSF Railway Company, Beazer East, Bird Corporation, CBS Corporation, Crane Co., Fairbanks Morse Pump Company, FMC Corporation, GE, IMO Industries, Tamko Roofing Products, and Zurn Industries, according to a report in the Southeast Texas Record.
In addition to negligently exposing Ayala to asbestos at work, the suit accuses the employers of failing to properly test products they made for possible health hazards and failing to remove dangerous products from the market.
Ayala’s relatives claim the case of mesothelioma caused their loved one to suffer extreme physical pain, suffering, mental anguish, lost wages, disfigurement, and physical impairment. The relatives also are seeking unspecified financial punitive and exemplary damages and other costs for Ayala’s medical bills, funeral costs, and other losses caused by his death.
Mesothelioma is caused when tiny asbestos fibers are inhaled or otherwise ingested into the body, where they can cause irritation and encourage the growth of cancerous tumors in the tissues lining the heart, lungs, liver, and abdomen.
There is no cure for mesothelioma, which may not show symptoms for decades after the victim has first been exposed to asbestos. Most people stricken with mesothelioma are workers who were in close contact with asbestos on the job, however, some relatives who washed work clothes carrying asbestos fibers and others close to exposed workers also have developed the deadly form of cancer.

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The second most common type of mesothelioma cancer - The Peritoneal cancer

Dallas, TX: The peritoneal type of cancer is found in 10% to 20% of the total Mesothelioma patients. The disease attacks the organs, protected by the mesothelium of the abdominal organs and the abdominal cavity.
Like all other cancers, peritoneal mesothelioma is caused by the exposure to asbestos. Similarly, its latency period is very long, ranging from 20 to 40 years, after which the symptoms appear.
The following is the description from the onset of the asbestos to the development of the symptoms ,the treatment and the prognosis of the peritoneal cancer.
The appearance of its symptoms: After the inhaling or the swallowing of asbestos, this mineral follows the tract of the abdominal cavity, and sticks to the related organs or tissues, for the development of cancer.
After crossing the dormant period of two to four decades, the disease activates. The common normal cells of the abdominal cavity stop their growth and development, and start dividing, without any control. This additional cell grows uncontrollable, and the peritoneum thickens, resulting in the growth of cancerous tumors. The abdominal fluid also starts producing. The organs of the cavity now keep floating in this fluid.
Lumps appear on the skin under the abdomen, weight loss, constant abdominal and back pain, fever, fatigue and nausea are the main features.
The analysis and diagnosis of these symptoms: After the study of these symptoms, the examination of the patient’s physical condition, his medical history, pathological tests with emphasis on the fluid and the cancerous tissues, are conducted,
CT Scans, x-rays and biopsy tests are performed to confirm the cancerous growth, its localization, its spread, and its advancement. After the study of these tests, the line of treatment is determined.
The line of treatment: If the cancerous growth is localized, the tumor cells or the infected organ are removed surgically. The therapy of radiation and chemotherapy are usually combined together for the treatments where the growth has spread to the neighboring areas,
Sometimes, the patients, on their own will and desire, undergo some new therapies and clinical trial for the reduction of pain and other miseries, and find comfort and relaxation. Yet, there are others, who are too weak to have surgery, take the choice of the palliative system of treatment, and get relief from pain and physical stress .
Prognosis for the peritoneal cancer: Factors like the advancement of the disease, the age of the patient, location of the tumors and the development of the other symptoms, help the doctors to suggest a prognosis,
10% of such patients, with a comparative better physique and controlled cell growth, can survive for five years, after diagnosis. 40% of the total peritoneal patients have a survival chance of 6-12 months.
Till 1990 the mesothelioma cancer prognosis was very low, and it was rare for a patient to survive for more than one year. The new treatments are increasing the survival rate, although at present the average prognosis is about a year.

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Mesothelioma and the Effects of Asbestos Exposure

With the recent trial involving W.R. Grace & Company, the federal government and the citizens of Libby, Montana, the topic of asbestos-related illness is receiving additional national attention. There are approximately 2,000 to 3,000 cases of mesothelioma diagnosed each year in the United States and those numbers are expected to climb in the near future.

Mesothelioma is a rare form of cancer that is almost exclusively caused by asbestos exposure. In some cases though, reports have documented a small number of patients that have contracted the disease without ever being exposed to asbestos fibers.

Exposure occurs when the microscopic fibers that make up asbestos are either inhaled or ingested into the body. This typically happens after asbestos-containing materials are damaged or disturbed and release asbestos fibers into the air.

In the past, some of the more common locations for asbestos exposure (predominantly for men) have included the construction, shipyard, railroad, power plant, chemical plant, manufacturing, mining and automotive industries.

However, other indirect cases of asbestos exposure, known as secondary exposure, have affected the lives of women and children. Many of the men who worked with asbestos would unknowingly carry home asbestos fibers on their skin and clothes, exposing their wives, children and friends to the toxic mineral. To date, secondary exposure has been responsible for an impactful portion of malignant mesotheliomacases.

Diagnosing this disease can be an extremely difficult task, as many of the symptoms patients often experience will resemble those of minor and more common health conditions. In addition, the severe latency period associated with mesothelioma (usually ranging anywhere from 20 to 50 years) can allow the disease to progress to later stages of development by the time diagnosis occurs.

Currently, the Environmental Protection Agency and Consumer Product Safety Commission have instilled strict regulations concerning asbestos, even though not all asbestos material is banned. Products that contain 1 percent or more asbestos fiber are considered to be asbestos-containing.

Those who suspect asbestos in their home or workplace should speak with an asbestos consultant. Approximately 80 percent of homes built before 1980 are likely to contain some amount of asbestos. It is important to note that if intact and stable, asbestos-containing materials generally do not pose a health threat as long as they are routinely checked for potential damage.

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