Corruption in Mesothelioma Research Funding?

New book explores possibly questionable practices in meso funding.

Asbestos lawyers have close relationships with mesothelioma doctors. Sometimes, that relationship is too close.

For years, Dr. Robert Taub was head of the Mesothelioma Center at New York Presbyterian Hospital/Columbia Medical Center in New York City. Initially, Dr. Taub called mesothelioma lawyers “ambulance chasers.” Then, he got closer to then-Assembly Speaker Sheldon Silver. 

Silver hinted that if his firm got more cases, the firm would give more money to mesothelioma research. Between 2003 and 2013, Dr. Taub referred about forty-eight of his mesothelioma patients to Silver. In fact, Dr. Traub allegedly told one of his patients that her current lawyer was “no good” and that she should call Silver.

SIlver’s firm never contributed anything to mesothelioma research. Taub’s involvement in the scheme cost him his job at Columbia University, but he was never charged with a crime.

Mesothelioma Injuries from Asbestos

Mesothelioma is a very rare and aggressive kind of heart/lung cancer. This cancer is also one of the most painful kinds of cancer, which is saying a lot.

Understanding what mesothelioma is

Tumors in the meso lining between the heart and lungs grow so slowly and spread so discreetly that the mesothelioma latency period is as long as setenta años. That’s usually when symptoms appear, not when doctors discover mesothelioma. There’s a big difference.

Initial cancer symptoms include pain, weight loss, and fatigue. Pretty much any illness or injury could cause such symptoms. Making matters worse, many mesothelioma victims are over 70. Therefore, both they and their doctors might conclude they say simply “getting older.”

Similarities between mesothelioma cancer and NSCLC (non-small cell lung cancer)

A cancer diagnosis is the next step, but it’s not the final step. Initially, mesothelioma looks a lot like NSCLC. Non-small cell lung cancer is, by far, the most common kind of lung cancer. So, a misdiagnosis is an easy mistake to make, even for an experienced oncologist. Unfortunately, it’s also a fatal mistake, at least in many cases.

As mentioned, mesothelioma is very aggressive. NSCLC is non-aggressive. So, NSCLC treatments are pretty much useless against mesothelioma, and the cancer soon metastasizes.

Advanced mesothelioma treatments are very expensive and, in many cases, only slow the progression of this disease. There’s no known effective treatment for advanced mesothelioma.

Your mesothelioma claim for damages: legal options

Mesothelioma research, which we help fund, may mean a better tomorrow for these victims. But a better tomorrow doesn’t mean much for victims who need help today. To provide this assistance, our mesothelioma lawyers typically use one or more of the following approaches, all of which have some pros and cons.

Workers’ Compensation/VA Disability

Frequently, mesothelioma victims were exposed to asbestos at work or during military service. That’s especially true if they worked in a construction-related job or served in the military before 1980.

In most states, workers’ compensation is the exclusive remedy for job-related injuries, like falls, and illnesses, like mesothelioma. Job injury victims don’t have to prove negligence or fault to obtain compensation for economic losses, such as medical bills and lost wages. However, insurance companies can and do contest the amount of damages in these cases.

VA disability is a little like workers’ compensation. Similar benefits are available if a service-related illness or injury caused a partial or total disability. Buddy statements and service records often prove a service-related connection. Medical bills and an IME (independent medical examination) often establish the extent of the veteran’s disability.

Additionally, these victims can usually file third-party claims against asbestos manufacturers. More on that below.

Property Owner Negligence for Asbestos Exposure

In most states, property owners have a legal responsibility to ensure that their buildings are safe, if they know, or should know, about an injury-causing hazard. An asbestos inspection report is actual knowledge of an asbestos hazard. A pre-1980 construction date is usually constructive knowledge (should have known).

These victims must prove negligence, or a lack of care. Various defenses are available, most notably the assumption of the risk defense. That’s especially true in constructive knowledge claims. If the owner had constructive knowledge of an asbestos hazard, the victim probably knew the same thing.

Property owner negligence claims are complex, but not as complex as defective or dangerous product claims.

Defective Product/Dangerous Product/Victim Compensation Fund

We’ll put all three of these together because they all target asbestos producers or manufacturers.

Companies are strictly liable for the injuries their defective products cause. Asbestos could be a manufacturing defect or a design defect. Substantial compensation is available in these claims. However, these federal court cases are incredibly complex.

Dangerous product laws vary in different states. Asbestos-laced products, like floor tiles and concrete, might or might not qualify as dangerous products. The standard of care varies as well, from strict liability to a slightly higher form of negligence.

Many asbestos producers set up large victim compensation funds when they declared bankruptcy in the 1980s. These claims are easier to prove than defective and dangerous product claims. However, they’re also more difficult to resolve, mostly because there’s no court supervision.