The Risk of Asbestos Exposure: Mesothelioma

Asbestos is a fiber mineral used in construction and insulation, mainly in the 19th and 20th century. But because of its discovered harmful effects upon exposure, asbestos use has been limited today. Still, asbestos exposure is a lingering threat.

Mesothelioma

But why is asbestos exposure such a big deal? What are its harmful effects? Asbestos has been known to be the primary cause of mesothelioma, a type of cancer that affects the mesothelium, also known as the protective layer of organs.

Mesothelioma can occur in various organs, but usually, it develops on the protective layer of the lungs, abdominal cavity, and heart, with the lungs being the most commonly affected organ. Mesothelioma typically develops when a person inhales asbestos fibers.

Symptoms may vary depending on the affected organ. The only thing they have in common is the fact that, on many occasions, they don’t surface immediately. They surface usually when the mesothelioma is already on its mature stages.

The symptoms are directly related to the affected organ. For example, if the lung is the affected organ, the victim may suffer from intense coughing with blood and respiratory issues. If the abdominal cavity is affected, pain and bowel issues are experienced. If the heart is affected, chest pain and cardiovascular issues are experienced. The website of the mesothelioma attorneys of Williams Kherkher has a detailed description of the different mesothelioma forms and their symptoms.

Asbestos Exposure

Those who are constantly exposed to asbestos are more likely to sustain the complication, such as those who are in the construction and demolition industries that deal with old buildings and houses. These properties may have asbestos fibers in them if they have been constructed on the periods where asbestos has been widely used.

Their families are not entirely safe either. If these workers go home with asbestos fibers all over them, family members may also be exposed to asbestos and develop mesothelioma. Those who live in the said old buildings, houses, and near asbestos plants are also at risk.

Zimmer Biomet Recall of Comprehensive Reverse Shoulder

The Food and Drug Administration has issued a Class I Recall on the Zimmer Biomet Comprehensive Reverse Shoulder. Class I Recall is the most severe type of recall. It means that the device to be recalled is capable of injuring or killing someone.

What is a Comprehensive Reverse Shoulder?
The Comprehensive Reverse Shoulder by Zimmer Biomet is a shoulder replacement device that is surgically implanted on a patient who has compromised shoulder and arm function and pain due to rotator cuff issues such as arthropathy. The device promises to restore shoulder functions and relieve pain in the affected area.

It is important to note that not everybody can get a Comprehensive Reverse Shoulder. This is particularly true for those who have bone or muscle issues in the area, such as sepsis, osteomyelitis, and osteoporosis.

Why is it being recalled?
Zimmer Biomet has noticed the increasing reports regarding the failing of the device, especially fracturing. It is found out that the shoulder replacement has a higher fracture rate than what has been anticipated.

Those who have experienced device failure, such as fracturing, may undergo corrective surgery to remove the device and replace it with another. But this is not entirely safe. It may result into injury, infection, and on worst cases, loss of shoulder function and death

What can affected patients do?
Manufacturers and the like have the legal responsibility of ensuring the safety of their product before it even reaches the market. If a customer or any other person has been hurt because of their negligent acts, they may be held liable. The Zimmer Biomet Comprehensive Reverse Shoulder is not an exception.

A person may file a lawsuit regarding his or her Zimmer Biomet shoulder recall injury and receive compensation for the damages sustained. The most common damages include pain and suffering associated with the injury and the unnecessary financial burden associated with the medical costs of corrective surgery, hospital confinement, and missed time at work.

Divorce Information: How Are Contested Cases Resolved?

In a perfect world, couples looking to divorce are able to settle their differences amicably and come to a decision regarding the legalities involved in their partnership with little trouble. The real word is, of course, less than ideal. A divorce is a highly emotional process, and it wouldn’t be fair to blame couples that find themselves stuck in an impasse regarding several issues. Such issues have been pointed out by Marshall & Taylor, P.C. to include things like child custody, alimony, and property division. When couples reach a point of contention in their divorce, they can decide to leave the court in charge of all major decisions involving their legal affairs.

Any divorce that is complicated with disagreements on important issues is referred to as a contested divorce. To get a contested divorce into the court system, one of the spouses must file a petition and served to the other party. It is best to have this petition prepared and looked over by an experienced lawyer before passing it on to the legal system. While laws may vary from state to state, family court typically awards a spouse 30 days to respond to the petition that had been served to him or her. Failure to deliver a timely response causes the judge to default to a decision in favor of the petitioner.

If, however, the petition is promptly answered, the contested divorce will undergo a period of investigation called a “discovery period.” During this time, both parties and their legal representatives are given the opportunity to build a case through gathering as much information with regards to the issues that will be argued upon in court. It is the hope of the court that this discovery period can help both parties reach a settlement, preventing them from having to go to trial. Should this step fail, a judge will have to hear the case and decide from there.

When, after such a lengthy process, a contested divorce remains unsettled, both parties are allowed a specific time period to file their appeals. Considering how complex and time-consuming this whole process can easily become, it’s best for each party to have qualified legal representatives willing to continuously advocated for their needs.

Proving Fault In A Slip and Fall Accident

Slip and fall is considered as one of the “Big 4” in workplace injuries. Statistics from the National Floor Safety Institute (NFSI), falls account for more than 8 million hospital emergency room visits, representing 21.3% with slip and falls accounting for more than 1 million visits or 12% of all falls. While it does not serve a primary reason for fatal occupational injuries but serves as the main cause of lost days from the job. According to the website of the Law Offices of Yvonne M. Fraser, slips and falls are the main cause of workers’ compensation claims and occupational injury for people more than 55 years old.

Proving fault in a slip and fall accident is not easy as many people think it is. It is not easy to put the blame on the property owner because there are many circumstances that can surround it. For instance, a leaking roof which can lead to slippery conditions in the office may not be entirely the fault of the property owner. However, while they may not be entirely at-fault for slip and fall accidents, it is still the job of property owners to take reasonable steps to ensure that their premises are safe.

So how can you make the property owner liable for slip and fall accidents? Here are some of the facts you need to prove:

The property owner or an employee must have caused the spill which makes the surface slippery or dangerous
The owner or employee is aware of the dangerous surface but did not act on it
The owner or employee must have been made aware of the dangerous surface because another person managing the property would have known and removed or repaired it

Any negligence claim by the plaintiff would depend on whether the defendant acted reasonably. For instance, is the owner regularly and thoroughly keeping the property safe and clean? Do they maintain a regular procedure for checking and cleaning or repairing the premises?

Most states adopt comparative negligence when it comes to slip and fall accidents. This means that if you were partially at-fault for the accident, your chances of getting paid for damages is lessened. A good example is talking on your mobile phone and ignoring a warning sign. For this reason, the property owner can claim that the plaintiff was partially or totally responsible for the accident.

Importance of driving well-maintained semi-trucks

Huge cargo vehicles like semi-trucks, at all times, should be properly maintained to prevent mechanical problems that may translate to tragic accidents. A neglected braking problem in trucks can cost many lives on the road.

Before operating semi-trucks, drivers should make sure that the parts and accessories of the vehicle they are driving are in normal working condition. A lawyer at Ausband & Dumont said that to protect the safety of truck drivers and other people on the road, truck companies and truck drivers should comply with particular standards that includes inspecting vehicles.  A causation study of the Federal Motor Carrier Safety Administration (FMCSA) in 2007 considers brake problem as the number one associated factor in large truck accidents. Due to its large size and weight, semi-truck trailers in Georgia are required to have service brakes on all wheels, emergency brake system, parking brake system, and breakaway braking system. Though a family who had been victim of a truck accident realized that a braking problem is the cause of their sufferings, they might not figure out who is negligent mostly if they are considering getting financial assistance as brake malfunction is a complex problem. Contractors that provide maintenance for truck companies or sometimes trucking companies themselves can be blamed in braking-related accidents. Other parties like negligent truck drivers, brake manufacturers and businesses that hire freight services can also be blamed in brake failure accidents. However, a family who had experienced such tragedy may want to consider working with a lawyer mostly if the parties being held responsible are blaming each other after the crash.

Many accidents involving trucks often lead to deaths leaving families in deep pain and they have to cope with expensive funeral services. On the other hand, victims of truck accidents who are lucky enough to survive may require continuous therapy mostly if they have been permanently disabled. Survivors of truck accidents oftentimes find themselves dealing with financial loss as they can no longer get a job due to their disabilities.