Sarah Mirando  |  September 5, 2012

Category: Pharmaceuticals

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Asbestos Worker Wins Important Ruling in Mesothelioma Lawsuit

By Mike Holter

 

mesothelioma asbestos lawsuitA California man who only has months to live due to a fatal mesothelioma diagnosis has won an important ruling in an asbestos mesothelioma lawsuit he filed last year against his former employer, Lorillard Tobacco Company, and nine other Defendants. A federal judge has denied Lorillard’s request to transfer the case from state to federal court, a move that would have further delayed the civil damages trial. This delay tactic can be common in mesothelioma lawsuit cases where the Plaintiff only has months to live, and is often used to pressure these victims into either abandoning their asbestos lawsuit or settling for a lower mesothelioma lawsuit settlement. 

 
Asbestos lawsuit Plaintiff Dimitris O. Couscouris alleges he contracted the lung cancer mesothelioma after being exposed to asbestos while working for Lorillard, which makes tobacco products. Tobacco products are known to contain asbestos, along with nearly 4,000 other toxic chemicals, which can lead to an array of diseases and health complications. According to his asbestos attorney, Lorillard is directly responsible for Couscouris’s fatal diagnosis of mesothelioma lung cancer for exposing him to asbestos on the job.
 
Mesothelioma is a cancer that attacks the body’s internal organs, namely the lungs, and can be caused by asbestos exposure. Asbestos is an organic compound that was used in a wide array of products in the United States in the 20th century, but has since been banned. Unfortunately, even though asbestos use has been widely eliminated, the effects of asbestos exposure linger for years. Asbestos diseases such as mesothelioma can remain latent for decades, leaving the patient without any knowledge of their illness until much later in life. By the time mesothelioma symptoms develop, the patient may have only a short time to live. This is true for other workplace asbestos side effects, including asbestosis, lung cancer, asbestos warts, pleural plaques, diffuse pleural thickening, pneumothorax and other asbestos-related diseases.
 
In May 2012, Lorillard attempted to have Couscouris’s asbestos mesothelioma lawsuit moved to federal court, claiming that Couscouris could not have been exposed to asbestos products manufactured by the Defendants that were based in California. However, U.S. District Court Judge George H. King denied Lorillard’s motion and remanded the asbestos lawsuit to state court, finding that Lorillard did not meet the burden of proof the have the case moved.
 
Couscouris is seeking mesothelioma settlement damages for negligence, strict liability and loss of consortium for his wife, who will soon be a widow. Loss of consortium allows spouses of mesothelioma victims to claim damages for the loss of marital enjoyment a company negligently caused. Mesothelioma loss of consortium settlements can sometimes result in hundreds of thousands of dollars in compensation for mesothelioma widows and widowers.
 
If you or a loved one contracted mesothelioma or another asbestos disease after workplace asbestos exposure, a mesothelioma lawyer can help you get the compensation you and your family deserve.
 
Visit the Mesothelioma Asbestos Class Action Lawsuit Settlement Investigation to receive more information about how to file an asbestos lawsuit, mesothelioma lawsuit, asbestos class action lawsuit or mesothelioma class action lawsuit. Mesothelioma lawyers are actively researching all claims of workplace asbestos side effects, including mesothelioma, lung cancer, asbestosis, asbestos warts, pleural plaques, diffuse pleural thickening, pneumothorax, and other asbestos related diseases. You will not be charged for this consultation. 
 

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Updated July 5th, 2012

 

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