A Deep Dive into Mesothelioma and the California State Supreme Court Decision Affecting Family Members in December
Welcome to this comprehensive guide on mesothelioma and the landmark California State Supreme Court decision affecting family members in December. Mesothelioma is an aggressive and deadly form of cancer caused by exposure to asbestos. The California State Supreme Court decision, which came down in December, has significant implications for family members impacted by this disease. In this guide, we’ll explore mesothelioma and the ramifications of the California State Supreme Court decision, providing you with all the information you need to know.
What is Mesothelioma?
Mesothelioma is a rare but deadly form of cancer that is caused by exposure to asbestos, a naturally occurring fiber that was commonly used in building materials, insulation, and other products until the 1970s. Asbestos fibers can be inhaled or ingested and can cause cancer to develop in the lining of the lungs, heart, or abdomen.
There are several types of mesothelioma, including:
| Type of Mesothelioma | Description |
|---|---|
| Pleural Mesothelioma | Develops in the lining of the lungs and is the most common type of mesothelioma |
| Peritoneal Mesothelioma | Develops in the lining of the abdomen and accounts for 10-20% of mesothelioma cases |
| Pericardial Mesothelioma | Develops in the lining of the heart and is extremely rare |
California State Supreme Court Decision: What You Need to Know
In December, the California State Supreme Court handed down a decision that could have significant implications for family members impacted by mesothelioma. In the case of Kesner v. Superior Court, the Court found that employers and property owners have a duty to protect family members of employees who were exposed to asbestos on the job.
This decision is a departure from previous rulings that limited the responsibility of employers and property owners to only those who were directly exposed to asbestos. Now, family members who were exposed to asbestos through contact with an employee can also hold these parties liable for their exposure.
What Led to the Kesner v. Superior Court Case?
The Kesner v. Superior Court case centers on the death of Johnny Kesner, who was exposed to asbestos while working for his uncle’s auto shop. Kesner’s nephew, who was exposed to asbestos through contact with his uncle’s work clothes, developed mesothelioma and passed away in 2014. Kesner’s family filed a wrongful death claim against Honeywell International, the manufacturer of the asbestos-containing brake pads that Kesner was exposed to, arguing that Honeywell had a duty to protect family members of employees from exposure to asbestos.
The California State Supreme Court agreed, finding that “it is foreseeable that workers might take home asbestos fibers on their clothing, thereby exposing members of their household to airborne asbestos.” The Court further explained that “employers have a duty to take reasonable care to prevent this means of transmission of asbestos to those who are at home and who could foreseeably be affected by this exposure.”
What Does the Kesner v. Superior Court Decision Mean for Family Members Impacted by Mesothelioma?
The Kesner v. Superior Court decision is significant for family members impacted by mesothelioma because it expands the potential pool of parties who can be held responsible for their exposure to asbestos. Prior to this decision, family members were largely excluded from seeking compensation for their exposure to asbestos. Now, family members who were exposed to asbestos through contact with an employee can also hold employers and property owners liable for their exposure.
Can Family Members of Deceased Mesothelioma Victims File a Lawsuit Against Employers or Property Owners?
Yes, family members of deceased mesothelioma victims can file a wrongful death lawsuit against employers or property owners if they believe their loved one’s exposure to asbestos was caused by the negligence of these parties. The Kesner v. Superior Court decision has expanded the potential pool of parties who can be held liable for this exposure, including employers and property owners who did not directly expose the victim to asbestos but may have contributed to their exposure through contact with an employee.
What Damages Can Family Members of Mesothelioma Victims Recover in a Lawsuit?
In a wrongful death lawsuit, family members of mesothelioma victims can seek compensation for a variety of damages, including:
- Medical expenses related to the mesothelioma diagnosis and treatment
- Lost income and earning capacity of the deceased
- Pain and suffering endured by the deceased before their passing
- Funeral and burial expenses
- Loss of companionship and support
What Should Family Members of Mesothelioma Victims Do Next?
If you or a loved one has been diagnosed with mesothelioma or another asbestos-related disease, it is important to seek legal advice as soon as possible. A qualified mesothelioma lawyer can help you understand your rights and explore your options for seeking compensation.
Additionally, family members of mesothelioma victims may want to consider contacting a support group or advocacy organization for assistance and guidance as they navigate this difficult time.
FAQs
1. What Are the Main Causes of Mesothelioma?
The main cause of mesothelioma is exposure to asbestos, a naturally occurring fiber that was commonly used in building materials, insulation, and other products until the 1970s. Other risk factors for mesothelioma include smoking and radiation exposure.
2. Who Is Most at Risk for Mesothelioma?
Individuals who worked in industries where asbestos was commonly used, such as construction, shipbuilding, and manufacturing, are most at risk for developing mesothelioma. Additionally, family members of these individuals can also be at risk for mesothelioma if they were exposed to asbestos through contact with the worker’s clothing or other materials.
3. What Are the Symptoms of Mesothelioma?
The symptoms of mesothelioma can vary depending on the type of mesothelioma and the stage of the disease, but common symptoms include chest pain, shortness of breath, coughing, fatigue, and weight loss. These symptoms can take decades to appear after exposure to asbestos.
4. How Is Mesothelioma Diagnosed?
Mesothelioma is typically diagnosed through a combination of imaging tests, such as X-rays and CT scans, and biopsies, which involve taking a sample of tissue for analysis.
5. What Are the Treatment Options for Mesothelioma?
The treatment options for mesothelioma depend on the stage and location of the disease, as well as the patient’s overall health. Treatment options may include surgery, chemotherapy, radiation therapy, and immunotherapy.
6. Can Mesothelioma Be Cured?
There is currently no known cure for mesothelioma, but early detection and treatment can improve outcomes and prolong survival.
7. How Long Does It Take for Mesothelioma to Develop?
The latency period for mesothelioma can range from 20-50 years, meaning it can take decades for symptoms to appear after exposure to asbestos.
8. Can I File a Lawsuit for Mesothelioma if I Was Exposed to Asbestos Decades Ago?
Yes, you can file a lawsuit for mesothelioma even if you were exposed to asbestos decades ago. Many mesothelioma lawsuits are filed long after the exposure to asbestos occurred.
9. How Much Compensation Can I Receive in a Mesothelioma Lawsuit?
The amount of compensation you can receive in a mesothelioma lawsuit can vary widely depending on the circumstances of your case. Some mesothelioma settlements have totaled hundreds of millions of dollars, while others have been much smaller.
10. How Long Does It Take to Receive Compensation in a Mesothelioma Lawsuit?
The timeline for receiving compensation in a mesothelioma lawsuit can vary depending on the circumstances of your case. Some cases may settle quickly, while others may take years to resolve.
11. What Should I Look for in a Mesothelioma Lawyer?
When looking for a mesothelioma lawyer, it is important to find someone who has experience representing clients in mesothelioma cases and who has a track record of success. Additionally, you may want to consider a lawyer who offers a free consultation, works on a contingency fee basis, and has a deep understanding of the legal and medical issues involved in mesothelioma cases.
12. Are There Support Groups for Mesothelioma Patients and Their Families?
Yes, there are many support groups and advocacy organizations for mesothelioma patients and their families. These organizations can provide information, resources, and emotional support during what can be a challenging time.
13. What Can I Do to Reduce My Risk of Mesothelioma?
There is no surefire way to prevent mesothelioma, but you can reduce your risk by avoiding exposure to asbestos and other harmful substances, particularly if you work in an industry that uses these materials. Additionally, quitting smoking and maintaining a healthy lifestyle can also help reduce your risk.
Conclusion: Seeking Justice for Mesothelioma Victims and Their Families
The California State Supreme Court decision in December is a significant step forward for mesothelioma victims and their families, allowing them to seek justice and compensation for their suffering. If you or a loved one has been impacted by mesothelioma, it is important to seek legal advice as soon as possible to understand your options and protect your rights. With the help of a qualified mesothelioma lawyer, you can stand up to those responsible for your exposure to asbestos and hold them accountable for their negligence.
Thank you for reading this comprehensive guide on mesothelioma and the California State Supreme Court decision affecting family members in December. We hope this information has been informative and helpful as you navigate this challenging time.
Closing Disclaimer
The information contained in this guide is for informational purposes only and is not intended to constitute legal advice. Mesothelioma cases can be complex and require the assistance of a qualified lawyer. If you have been impacted by mesothelioma or another asbestos-related disease, it is important to seek legal advice from a qualified attorney as soon as possible. Additionally, the information contained in this guide may not be up-to-date or accurate at the time of reading, as laws and regulations surrounding mesothelioma cases can change frequently. We recommend consulting with a qualified attorney or legal expert for the most up-to-date information and guidance.
