Idaho Woman Files Mesothelioma Lawsuit Against 65 Companies

Evaline Semtner, of Idaho, recently filed a mesothelioma lawsuit against 65 companies, claiming the disease was wrongfully caused. Semtner was diagnosed with mesothelioma on April 18, 2008.

She claims she was exposed to and inhaled asbestos fibers through the clothing her father and ex-husband would wear home from work. Semtner's father worked between the years 1948-1968 as a maintenance man at Milwaukee Railroad and her ex-husband worked from 1966 until 1980 as a laborer for various employers throughout Idaho and Washington. Moreover, the suit claims that Semtner’s exposure was foreseeable and should have been anticipated by the defendants.

Due to the asbestos exposure, Semtner alleges that she has become disabled and disfigured, which requires her to spend large amounts of money for medical, hospital, and other health services in order to treat the disease. As a result of her mesothelioma, Semtner is experiencing great physical pain and mental agony. Furthermore, the disease has hindered and prevented Martinez from pursuing employment and as a result he lost large sums of money.

Semtner seeks sums in excess of $50,000, punitive and exemplary damages in excess of $100,000 and compensatory damages in excess of $200,000. She is also seeking a large amount of punitive and compensatory damages to punish the defendants for their wrongdoing in an attempt to discourage similar parties from committing comparable acts of misconduct in the future.

Number of Clinical Trial Volunteers Drastically Low

Numerous surveys show few patients realize there are clinical trials going on for what ails them, and even those who are aware are often leery of taking part. As a result, testing of genuinely new treatments has fallen behind, one reason that approvals of new drugs has slowed. A shortage of patients also means the quality of testing has suffered. That's because researchers are forced to widen the criteria that must be met for patients to take part, which often means the data collected is less definitive about whether the new drug works or is superior to existing treatments.

A survey of 6,000 cancer patients done for the American Association for Cancer Research found that 85 percent were either unaware or unsure that taking part in an experimental treatment was an option for them. However, 75 percent said they would have been willing to sign up if they'd known it was possible. As a result of this shortage in patients, 80 percent of cancer clinical trials being delayed.

There are generally three phases/stages of clinical trials. First, the FDA requires that any treatment first be tested to prove that it's safe in humans. These tests typically involve only a small number of volunteers, who may or may not be ill. Then testing moves on to demonstrate that the treatment has a positive effect on preventing or treating an illness at a certain dose, and that the effect is as good or better than the current standard treatment, or no treatment at all. Usually, researchers try to get from tens to hundreds of patients in these trials. Most study guidelines require that neither patients nor the doctor caring for them know whether they're getting the new drug or not. The third phase of a drug or procedure trial pits the new against the best standard treatment in several thousand patients, unless the disease or condition is rare.

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Asbestos Payment Plan Forces Asbestos Victims to Pay

A new government scheme in the UK came into effect on October 1st and will pay a lump sum to all mesothelioma sufferers, irrespective of occupational exposure. However, some asbestos victims are shocked and appalled to discover that some asbestosis sufferers and some mesothelioma sufferers will lose compensation in order to fund the scheme.

Alan Robinson, who suffers from asbestosis and was exposed to asbestos at Rochdale, England’s Turner & Newall factory, said: “I stand to receive about £8,000 from a T&N Fund instead of the £50,000 I should have got. The government is going to recover £4,334 and I will be left with £3,666 from the Fund. Had I concluded my claim a few months ago I would have had nearly £12,000 in compensation. That’s been cut by a third. I fully support a lump sum payment to all mesothelioma sufferers, that is a right thing to do, but it is wrong to fund the new scheme by hitting asbestos victims like me.”

The Asbestos Victims Support Groups Forum believes that government recovery is not an unintended consequence of the new Act. Chairman Tony Whitston said: "It is deliberate policy and asbestos victims and the Forum are calling on government to amend the legislation so that asbestos victims do not end up funding the new scheme.

“The government never made it clear when it received so many plaudits for introducing the new scheme that it would use compensation from some asbestosis victims and some mesothelioma sufferers who worked for T&N to fund the new scheme. We are calling on government to take immediate steps to stop funding the new scheme by reducing further small amounts of compensation received by asbestos victims.”

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Cancer Patients Forgo Painkillers, Report Says

A new study has found that up to 80 percent of cancer patients who undergo radiation treatment do not take medications to combat pain. According to the report, many of the patients cited fears of addiction as well as cost as their reasons for saying no to painkillers. However, the most common reason given was that their healthcare provider had not recommended medication. "To eliminate barriers to optimal pain management for cancer patients, healthcare providers should talk with their patients about pain symptoms and pain medications,” said Dr. Charles Simone, from the National Cancer Institute (NCI) in Bethesda, Maryland.

The findings come from an Internet-based questionnaire posted on OncoLink examining analgesic use and pain control in cancer patients getting radiation treatment. Data from 106 patients were included in the analysis. 46 percent of patients reported pain related to the cancer itself, and 58 percent of subjects had pain from their treatment, the report's author’s note in the International Journal of Radiation Oncology, Biology, and Physics. The only statistically significant factor linked to non-use of painkillers was educational level. Specifically, individuals with education beyond high school were less likely to use analgesics than those with lower educational levels (11 percent vs. 36%).

To improve pain control for cancer patients undergoing radiation, Dr. Simone said that his center, the Radiation Oncology Branch of the NCI, has established an electronic system that requires healthcare providers to assess pain levels and pain medication every time they see a patient.

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California Couple Files Asbestos Lawsuit against 55 Companies

A California couple has filed an asbestos lawsuit against 55 companies, claiming that the mesothelioma the man was diagnosed with was wrongfully caused. Arvid and May Johnson claim Arvid was diagnosed with the disease on Sept. 15, 2008.

The lawsuit claims that while Arvid worked for various companies, including the U.S. Navy, Ace Hardware and various filling stations between the years 1947-2004, he was exposed to and inhaled dangerous asbestos fibers. Moreover, the suit claims that Johnson’s exposure was foreseeable and should have been anticipated by the defendants.

Due to the asbestos exposure, the Johnson’s claim that Arvid has become disabled and disfigured, which required him to spend large amounts of money for medical, hospital, and other health services necessary to treat the disease. As a result of his mesothelioma, Arvid is experiencing great physical pain and mental agony. Furthermore, the disease hinders and prevents Arvid from pursuing employment and as a result he lost large sums of money. Lastly, May claims that she has been deprived of the support, devotion, and care of Arvid.

The couple is seeking sums in excess of $50,000, punitive and exemplary damages in excess of $100,000 and compensatory damages in excess of $50,000.