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On Thursday, October 28, 2012, in a 5-4 decision, the United States Supreme Court upheld the constitutionality of the Obama’s Administration’s universal healthcare coverage legislation, also know as Obamacare. The law will make it illegal for insurance companies to decline coverage for individuals with pre-existing conditions. The full power of the legislation will not be enforced as law until 2014.
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According to estimates based on data collected in 2010, approximately 49.9 million Americans are living in the United States without health insurance. In March of 2012, the Asbestos Legal Center, a law firm representing mesothelioma patients and victims of asbestos related disease, estimated based upon the mesothelioma incidence rate for the general population, that as many as 16% of patients diagnosed with mesothelioma don’t have health insurance.

The Obamacare ruling on it’s face, seems to suggest that patients suffering from Mesothelioma and asbestos related disease who don’t possess health care coverage, should be able to purchase medical insurance to cover their healthcare needs after diagnosis. As malignant pleural mesothelioma is a disease typically associated with a nine month survival rate and costly medical treatments, including surgery, radiation, and chemotherapy, the ruling appears to be gigantic step towards extending the life of uninsured patients. But unfortunately patients have to wait until 2014 to get this help.

Until the law goes into effect in 2014, there are still options Mesothelioma patients without healthcare coverage can pursue, to pay their medical bills.

Veterans of the United States military suffering from asbestos related diseases should go to their local Veterans Administration Hospital, and pursue coverage through the Veterans Administration. Unfortunately, many of our service men and women were exposed to asbestos onboard U.S. Navy ships, and during their military service.
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Another option mesothelioma patients without healthcare coverage can choose to obtain medical assistance, is to volunteer to participate in clinical trials. Given that the malignant pleural mesothelioma incidence rate is low in the general population, researchers have difficulty finding patients to work with to test new procedures and drug regimens. Often times there will be funding available to pay for travel related expenses and the medical care associated with the clinical trial. Mesothelioma patients without health care coverage should contact their local hospital and ask for information about clinical trials. There are always risks associated with clinical trials. That being said, many clinical trials for mesothelioma patients often have gone on for great lengths of time, and prior to entering a clinical trial a patient can ask for safety and efficacy data the trial has collected.

Still another option that mesothelioma patients can pursue to obtain funds to cover their medical bills, is to seek compensation in the tort system and bankruptcy courts.
 

 
Malignant pleural mesothelioma is considered a signature disease, meaning that is only has one cause, exposure to asbestos. Millions of dollars have been set aside in bankruptcy trusts, for individuals exposed to asbestos contained in the products of bankrupt companies. Moreover, individuals can file lawsuits against companies that are still in business, who caused their injuries. Patients diagnosed with mesothelioma should Continue reading

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Victims of asbestos related disease caused by exposure to W.R. Grace products may have to wait longer to receive compensation from the W.R. Grace Asbestos Bankruptcy Trust. Although the company has been in bankruptcy for eleven years, appeals may still be filed up until July 11th, 2012, contesting the U.S. District Court’s confirmation of the company’s reorganization plan.
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From 1963 until 1990, W.R. Grace operated large scale vermiculite mines in Libby, Montana. The vermiculite W.R. Grace mined was used in production of it’s product Zonolite attic insulation. It is estimated that as many as 35 million businesses and homes were insulated with Zonolite attic insulation between 1920 and 1990. However, unbeknownst to the general public, the vermiculite being mined by W.R. Grace at Libby was contaminated with asbestos.

In 2005, W.R. Grace and 7 executives at the Libby, Montana site, were indicted and faced prosecution from the U.S. Department of Justice for “knowingly” harming the people of Libby, Montana, and concealing information regarding the health hazards associated with it’s mining operation. According to the indictment, over 1200 Libby residents were suffering from an asbestos ailment. The case went to trial in 2009. Ultimately the company was acquitted in criminal proceeding that lasted over four years with appeals reaching the Supreme Court.
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W.R. Grace sought bankruptcy protection in 2001. The company has faced over 270,000 lawsuits stemming from asbestos related claims, with approximately 120,000 cases still unsettled. It was alleged by the Justice Department, that prior to filing for bankruptcy, W.R. Grace illegally transferred four billion to five billion to other companies, to shield it from the bankruptcy court. Thereafter the Court ordered approximately one billion dollars be returned to the company coffers.

It is anticipated that there will be many more claims filed with the W.R. Grace Asbestos Bankruptcy Trust, by individuals who were exposed to Zonolite vermiculite contaminated with asbestos, and have since developed asbestos related diseases.

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For the last two weeks the Asbestos Legal Center has had their thoughts and prayers with a client, who has been struggling to leave the hospital after undergoing surgery to remove malignant pleural mesothelioma tumors caused, in part, by exposure to asbestos containing drywall. Malignant pleural mesothelioma is a cancer of the lining of the lungs that develops ten to thirty years after exposure to asbestos. There is no cure for malignant pleural mesothelioma. Asbestos exposure also causes lung cancer and asbestosis, a chronic scarring of the lungs.

In honor of this client’s battle with malignant pleural mesothelioma, the Asbestos Legal Center has decide to create this blog article, warning the public about the hidden danger of asbestos contained in drywall sheetrock found in many of the homes and structures in the United States.

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On June 14, 2012, at the age of 63, entertainer Donna Summers lost her life to lung cancer. It is has been widely reported that prior to her death, Donna Summers believed that the cancer that eventually took her life was caused by her exposure to asbestos and other toxins contained in the dust generated from the World Trade Center terrorist attack of 9/11. Donna Summers was a resident of New York City in September of 2001, when the World Trade Towers fell, scattering debris and asbestos containing dust plumes throughout ground zero and the rest of the City. Analysis of the dust clouds revealed they contained the following materials: gypsum, cement, calcium carbonate, asbestos, lead, glass fibers and other metal particles.

Asbestos is a mineral fiber that due to it’s cost, light weight, and heart resistant properties, was integrated into many construction materials and insulation products throughout the great majority of the 20th century. The use of the asbestos occurred despite the asbestos industry’s knowledge that the substance was harmful to human health; causing asbestosis, lung cancer, and malignant pleural mesothelioma – an incurable cancer of the lining of the lungs that has only one known cause, asbestos exposure. There are thousands of asbestos caused lung cancers that are diagnosed in patients every year in the United States. Many of these patients seek compensation for their health bills and for the benefit of their families in the U.S. Court system, and from bankruptcy trusts were hundreds of millions of dollars have been set aside to compensate asbestos victims. Attorney Michael Mandelbrot, founder of the Asbestos Legal Center in San Francisco, doesn’t see this trend ending soon. “The sad reality is that asbestos is contained in the structures all around us, because the asbestos industry chose to either suppress or ignore information that the use of asbestos posed a danger to the public. As these structures degrade, more and more of the population will be exposed to the fiber, leading to more deaths. It is my firm’s commitment to fight for justice of behalf of those suffering from asbestos caused diseases.”

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The Asbestos Legal Center, a law practice focused on representing mesothelioma patients and victims of asbestos related disease that represents patients in the Stockton and San Joaquin County area, today cited documentation alleging various pipe supply and construction material supply companies that operated in the Stockton and San Joaquin County area over the last century were asbestos exposure cites. The release of information is a part of the continuing effort led by Asbestos Legal Center founder, Mike Mandelbrot, to supply information to the public in the Stockton and San Joaquin County area regarding where residents may have been exposed to asbestos. Recently, Mr. Mandelbrot highlighted statistics indicating that the age adjusted incidence rate of mesothelioma per capita is higher in San Joaquin County compared to the incidence rate per capita in California as a whole.
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“Many individuals are under the misconception that asbestos containing construction materials were only sold to industrial and large construction projects. Unfortunately that is absolutely not the case. For decades the asbestos industry supplied asbestos containing products to the mass market packaged as personal home remodel and repair items.” said Mr. Mandelbrot. “Today our office is proud to share information with the public, that documentation exists identifying suppliers of pipe and construction materials in the Stockton and San Joaquin area, as alleged asbestos exposure sites, so the public can access the information should any family member or loved one become ill.”

Documentation exists alleging that the following supply companies in the Stockton and San Joaquin County area were asbestos exposure sites in the past: Moran Supply, Western Building Materials, Record Supply Company, Delta Pipe and Supply Company and Center State Pipe & Supply, Inc.. Asbestos was widely used in drywall, joint compounds, stucco and acoustic materials, roofing products, mastics, floor tiles, cement, and cement sewer pipe into the late 1970’s. Asbestos cement pipe continued to be manufactured and distributed well in to the 1980’s, specifically in the Stockton and San Joaquin County area, where Johns-Manville, one of the world’s largest producers of the product, operated a manufacturing plant.
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Malignant pleural mesothelioma (MPM) is a unique cancer because it grows in a diffuse manner throughout the entire chest cavity rather than as a typical solid growth or nodule. It is caused by exposure to asbestos. There is no cure for the disease. However, one’s survival length typically can be extended if the cancer’s treatment begins early enough.

That’s why if a person knows they were exposed to asbestos, identifying the symptoms of the disease, often mistaken for pneumonia and other diseases, is so important.

The symptoms of mesothelioma include persistent dry cough, difficulty swallowing, fatigue, sweating, a fever, difficulty and painful breathing, shortness of breath, pain in the chest or rib cage sometimes accompanied by bumps, unexplained weight loss, and blood in fluid one spits up from their mouth. All the symptoms should be discussed with a physician immediately, whom also should be informed of the individual’s exposure to asbestos. If one has a significant asbestos exposure, they need not wait for such symptoms to develop but rather should speak to their doctor about scheduling a spiral CT screening of the chest and lungs.

Earlier the Asbestos Legal Center released information identifying public buildings and schools in the Stockton and Continue reading

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In an ongoing expose regarding the San Joaquin County and Stockon asbestos public health threat, attorney Michael Mandelbrot of the Asbestos Legal Center of San Francisco, who represents mesothelioma patients in the Stockton and San Joaquin County area, today announced more locations where documentation exists that individuals were exposed to asbestos.
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“Our office has reviewed materials indicating that workers engaged in the construction and maintenance of numerous public buildings in San Joaquin County, may have been exposed to asbestos. Efforts should be made to inform these workers that the exposure may have occurred, and that asbestos exposure has been linked in the causation of mesothelioma, lung cancer and asbestosis, so that they may take appropriate steps to protect their health.”

Mr. Mandelbrot’s lists includes but is not limited to Stockton City Hall, the Stockton Civic Center, San Joaquin County Jail located in Stockton, the San Joaquin County Courthouse, Edison High School, Lincoln High School, and the San Joaquin County Administration Center.
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“Asbestos located in schools is particularly troubling, as thousands of students who later attend the school may be exposed to asbestos containing materials that are degrading and releasing asbestos into the air”, continued Mr. Mandelbrot. “Unfortunately, a person exposed to asbestos in high school, will not learn whether that exposure is going to cause lung cancer or mesothelioma until decades later.”

Mesothelioma is a cancer that develops in the lining of lungs, chest, or abdomen.
There is no recognized cure for malignant pleural mesothelioma. It has been reported that individuals diagnosed with malignant pleural mesothelioma typically have a six to nine month survival rate.

 

 

Recently, in response to disturbing statistics that residents of San Joaquin County and the Stockton area are being diagnosed with mesothelioma at a significantly higher age adjusted incidence rate as compared to Californians as whole, Mr. Mandelbrot and the Asbestos Legal Center have been working to raise awareness.

“Although there is no cure for malignant pleural mesothelioma, there are interventional therapies that can be curative for non-mesothelioma lung cancers. The early detection of lung cancer improves significantly the odds regarding whether many therapies are successful. Our hope is that our work to raise awareness of the asbestos public health threat in the Stockton and San Joaquin County area will save lives.”

Individuals who believe that they have been exposed to asbestos are encouraged to report the exposure to their physician. If their physician believes the latency period from the date of exposure is sufficient, in combination with the presentation of physical symptoms indicative of early disease, the physician can order various diagnostic tests, ranging from chest x-rays, to spiral CT-scans. Individuals are also encouraged to report to their physicians any smoking history that they may have in addition to their asbestos exposure history. Smoking increases the risk that a person who has been exposed to asbestos may develop lung cancer.

For those who have developed mesothelioma, lung cancer, or asbestosis, compensation set aside in bankruptcy trusts from companies that mined, distributed, and manufactured asbestos containing material is available to pay for Continue reading

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This week the entertainment world is buzzing about the release of the new comic book movie, the Avengers, featuring a group of heroes from the Marvel Comic books universe working together to overcome long odds to save the world from an inter-dimensional evil genius and his extra-planetary army. Captain America, Iron Man, Thor, The Hulk, Black Widow, and Hawkeye; it’s a media reboot of the comic book characters that first began to appear in the 1940’s and continued to be promulgated with great popularity into the 1960’s and 1970’s. But there are three characters from the annals of the Avengers universe who won’t be making appearances in the film, but whose significance in the comic books go far beyond the fictional story line; do you remember Asbestos Lady, Asbestos Man, and the Human Torch?
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First appearing in Captain America comic in 1947, Asbestos Lady was the super villain alter ego of Virginia Murdoch. Ms. Murdoch wore an asbestos suit that could withstand the heat of fire, allowing her to create large explosions near banks that only she could venture near safely, allowing her of course to rob the bank with little resistance. The hero, Human Torch, eventually captured Asbestos Lady by melting an asphalt road that stuck to her feat, making it impossible for her to run away.

Asbestos Man first appeared as a evil super villain in the Human Torch comic book series in 1963. He was the alter ego of analytical chemist Professor Orson Kasloff.
Kasloff created his asbestos suit specifically to battle the Human Asbestoman.jpgTorch, hoping to gain notoriety and respect from the criminal underworld. His arsenal of weapons included and net he would throw at the Human Torch, that would covert heat to explosive charges. His criminal master plot was very similar to Asbestos Lady: he robbed banks after creating infernos surrounding them. In their first encounter Asbestos Man actually defeated the Human Torch, but he was eventually captured when The Human Torch created a fire so large, that all of the oxygen in a bank disappeared, making it impossible for Asbestos Man to breathe.

Asbestos Lady and Asbestos Man capture an age when people were unaware of the significant dangers associated with asbestos exposure, and children would believe the a person of high intelligence would wear asbestos fibers. An age when asbestos was used as stuffing to fill baseball gloves and football helmets. The comics are a lasting reminder of the significant cover-up perpetrated by the asbestos industry, regarding the danger associated with asbestos exposure.

By the time Asbestos Lady first appeared in Marvel Comic books, in 1947, the relationship between asbestos exposure and disease was well documented. In 1932 the U.S. Bureau of Mines and Occupational Health Clinic was ready to release the results of a study revealing that 29% of asbestos industry giant Johns-Manville employees who had been exposed to asbestos had developed asbestosis that was detectable by x-ray. However, upon learning of the report, Johns-Manville used it considerable political power to stop it from being released to the public. This occurred despite the fact the epidemiological papers had been published for over 30 years documenting a relationship between asbestos exposure and disease.
One year before Asbestos Man made his appearance in the Marvel Universe, in 1966, the director of Bendix Corporation, an asbestos product manufacturing company, wrote a memo to Johns-Manville Company stating, “…if you have enjoyed a good life while working with asbestos products why not die from it.”

Tragically, the asbestos industry cover-up and conspiracy to characterize asbestos as safe, that was so effective in popular culture that it claimed the lives of millions of people who died from asbestosis, lung cancer and mesothelioma, who had unknowingly exposed themselves and their families to the dangerous mineral fiber, asbestos.

The revelation of the danger of asbestos in the Marvel Universe is reflected in the final appearance of Asbestos Lady in the Human Torch comic book series, wherein it was revealed she had developed cancer as a result from exposure to the asbestos contained in her suit. The story line occurred in 1990. Asbestos Man’s fate Continue reading

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Every year in the United States, over three thousand people die from mesothelioma, an incurable cancer caused by exposure to asbestos. A percentage of those afflicted by the disease include automotive mechanics and technicians exposed to asbestos occupationally that is contained in automotive parts, including gaskets, clutch parts, and brake linings.

Experts indicate that when these asbestos containing parts are installed, and then later as they break down and undergo maintenance, asbestos fibers are released in dust generated that is then inhaled by the auto mechanics and technicians. Once these asbestos fibers become lodged in the pleura, they contribute to the development of malignant pleural mesothelioma.

But now there are alternatives to asbestos containing brakes that consumers can request that their mechanics install on their vehicles, that are much safer for those who service the vehicle, and are better for the environment.

Organic brakes linings are made with composites constructed from naturally occurring ingredients. The linings actually use heat generated from the braking of the car to keep the brake material from breaking apart. Because the brake pads are organic and do not contain asbestos they are actually a safer waste product for sanitation departments to handle as well. One of the drawbacks of organic brake linings is that they typically should be used with lighter vehicles. But if you are deciding to change your habit and adopt a green lifestyle, you probably aren’t driving a heavy gas guzzling vehicle.

Another type of asbestos free brake is the “semimetallic brake”. This type of brake was developed in the 1960’s. The semimetallic brake is used on many foreign manufactured vehicles, in countries were asbestos is banned. It is typically constructed with sponge iron, steel wool, graphite, and resin.

Unfortunately many United States automakers still install asbestos containing brakes on some of the new cars manufactured in North America. Consumer protection advocates cite examples of factories in Mexico where asbestos containing brakes are manufactured for use on vehicles sold in the United States.

 

 

If one is a non-professional performing maintenance on their own automobiles, they should always wear OSHA approved masks rated for asbestos exposure when performing automotive and brake repairs. The brake repair work should be performed outside in well-ventilated areas. It is never advisable to perform sanding and grinding of brakes that one suspects contain asbestos. Remember, if asbestos fibers deposit on a person’s clothing, they can unknowingly bring them into their own home after completing the repair work.

According to Asbestos Legal Center founder, attorney Michael Mandelbrot, consumers have the ability to demand that automakers do the right thing, and cease using asbestos containing products. “At the end of the day U.S. automakers are selling a product. If the public is informed that the product the U.S. automakers are selling contains a toxin, asbestos, that is causing people to die horrible deaths from mesothelioma, and demands accountability and a change in materials, the automakers will be forced to respond. In the mean time our office will continue to fight for those who are injured in the Court system.”

Every year in the United States numerous lawsuits are filed…
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Attorney Michael Mandelbrot, founder of the Asbestos Legal Center of San Francisco, a law firm that represents patients suffering from mesothelioma in the San Joaquin County and Stockton area, today cited statistics indicating that from 2005 to 2009, individuals living in San Joaquin County suffered a 49% higher incidence age adjusted rate of mesothelioma compared to all residents living in the state of California. “What we see today in Stockton and San Joaquin County is a public health tragedy. While there is no known cure for malignant pleural mesothelioma, we can still fight in the Courts for compensation for those who have been injured, and their families, in an attempt to ensure that this tragedy will not repeat itself in the future.”

 

 

There are many locations in San Joaquin County were residents who have developed mesothelioma, lung cancer or other asbestos related diseases, may have been exposed to the fibrous mineral, asbestos.

The Johns-Manville manufacturing plant, located on Stockton’s outskirts, exposed thousands of workers to raw asbestos fiber stored at the plant, and incorporated into asbestos containing products and asbestos cement pipe manufactured at the plant. The facility started operating in the 1950’s and produced asbestos containing products well into the 1980’s. Bags of raw asbestos fiber were transported into the facility on railroad cars. Numerous lawsuits have been filed on behalf of those suffering from mesothelioma who were exposed to asbestos at the Johns-Manville manufacturing plant in Stockton, California.

Many workers were also exposed to asbestos at the Port of Stockton, and at various boat construction outfits located in the Stockton and San Joaquin County area. Stockton is home to one of only two inland ports in the state of California. It was in the Stockton shipyards that boat builders constructed U.S. Navy minesweepers and other vessels during multiple war efforts. Neighboring San Francisco Bay also created a demand for Stockton shipbuilders to construct vessels for use in it’s vast bay.

The mesothelioma age adjusted incidence rate also may by high in Stockton and San Joaquin County due to the fact that many individuals who were exposed to asbestos at jobsites located in other parts of California, were attracted to the Stockton area for retirement as a result of affordable property values. Plumbers, steamfitters, carpenters, laborers, boilermakers, air conditioning mechanics, and many other skilled workers are at risk for developing mesothelioma due to exposure to asbestos they suffered on construction sites. Additionally, veterans of the U.S. Armed Forces are also at risk for developing mesothelioma. Alarmingly, over the 2005 to 2009 time period, the San Joaquin County age adjusted mesothelioma incidence rate was 72% higher than Los Angeles County.

There have been many lawsuits filed by mesothelioma patients who were exposed to asbestos in Stockton, California. Mesothelioma patients who were exposed to asbestos at the Johns-Manville manufacturing plant in Stockton also have obtained compensation from the Johns-Manville bankruptcy trust.

Unfortunately there are many more locations, than mentioned in this article, in Stockton, California, where workers…
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244234_asbestos.jpgEvery weekend in San Diego County, California, throngs of United States residents travel south across the border to Mexico, looking for bargains in Tijuana shopping malls. As the weekend ends, the line of cars coming back into the United States extends for miles. In 2005, 50 million people, and 17 million vehicles, traveled from Mexico, across the U.S. Border, into San Ysidro, California. There, U.S. Customs agents are tasked with trying to organize the mass exodus while at the same time protecting America from illicit drugs, human trafficking and terror threats. But recent reports from Mexico highlight a growing concern among public health and consumer safety advocates, that there is one menace that U.S. Customs agents are ill equipped to control. Consumers may be returning home to United States with products purchased in Mexico, that unbeknownst to them, contain a destructive poison indistinguishable to the naked eye, asbestos.

Asbestos is naturally occurring rock fiber that was widely used in the manufacturing of various construction products in the United States until the 1980’s, due to it’s heat repelling and fusing properties. Presently, over 1,800 Mexican businesses incorporate asbestos fibers as a component in their manufacturing processes. In the decade preceding 2010, over 200,000 metric tons of asbestos were consumed by Mexican Manufacturing Industry.

 

 

Some consumers mistakenly believe that asbestos is only used in insulation, or as part of heavy construction products. 1321761_cactus.jpg However, in the past non-profit organizations have found asbestos contaminating common consumer products such as children fingerprint dusting kits, in talcum powders, toy clays kits, hair rollers, hot plates, hair dryers and decorative floor tiles. Moreover, asbestos contaminated vermiculite, sometimes used as a packing material for products, is also a public health concern.

In Mexico, asbestos is used to the manufacture asbestos cement pipes, care brakes, cement, roofing and drywall materials.

“Asbestos use is a public health threat to United States consumers traveling abroad to Mexico, but equally important, it is a threat to the citizens of Mexico. It is a travesty that the industrial use of asbestos has not been curtailed in Mexico.”, commented Asbestos Legal Center founder, Michael Mandelbrot, from his office in San Francisco.

When asbestos fibers are inhaled by humans, the microscopic fibers sometimes become lodged in the pleura of the lungs. Thereafter the body owns immune system is activated, trying to destroy the foreign asbestos body. Over time scarring develops at the site where the fiber is lodged. When that scarring becomes chronic, and grows in size, it can result in an obstructive pulmonary disease called asbestosis. Asbestosis patients labor to breathe as a result of the disease, and in sever advanced stages, cannot survive without the use of oxygen supplementation.

Other lung diseases that can develop from exposure to asbestos include lung cancer, and malignant pleural mesothelioma. Malignant pleural mesothelioma is an incurable disease that in most cases has an average life span of nine to twelve months. Individuals in California diagnosed with any asbestos related disease have the right to seek compensation for their injuries in the Court system
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