Tuesday, December 15, 2009

Judge Rules against Plaintiffs in SDG&E, Sempra Energy Asbestos Dispute

The case began in 2000, when residents of Encanto and Lemon Grove, California, living within 500 feet of a gas pipe demolitions site, received letters from San Diego Gas & Electric (SDG&E) notifying them of the presence of asbestos at the site.

In September of that year, SDG&E expanded the "unsafe" zone to 1,000 feet, but continued to insist that pre-inspections by various county and municipal agencies deemed the work no threat to health and safety.

The pipe demolition work led to a federal grand jury trial in 2006, with residents charging the utility, project manager Kyle Rhuebottom, and two Sempra entities with violating the Clean Air Act under NESHAP (National Emission Standards for Hazardous Air Pollutants) regulations. Sempra Energy is the gas delivery portion of SDG&E's utility operations.

Called a "Proposition 65" case (the state's Safe Drinking Water and Toxic Enforcement Act of 1986), the grand jury ruled that the entities named had failed to properly warn residents of the asbestos hazards at the Encanto Gas Holder site from 2000 to the date the case was dismissed.

Asbestos, a fibrous mineral used widely during most the last century as insulation for buildings, boiler pipes and the like, emits - when broken - microscopic fibers that can be inhaled or ingested merely by swallowing saliva.

Once inside the body, these minute fibers irritate tissue, causing lesions which can lead to mesothelioma, a cancer of the mesothelial linings around the lungs (pleural), heart (pericardial) and abdomen (peritoneal).

Of these, pleural mesothelioma is the most common, occurring in three-fourths of cases. Because of its long dormancy period (up to five decades), and initially insignificant symptoms, by the time pleural mesothelioma is diagnosed it has caused a lot of damage, and doctors usually give patients less than two years to live.

Additionally, rates of exposure are not linked to causation or severity; a single exposure, or a lifetime's exposure, can cause mesothelioma.

Asbestos-containing pipe wrap from the Encanto site tested at 5- to 10-percent chrysotile asbestos (for the 1953 sample). A second sample, from 1955, showed asbestos content in the 40- to 50-percent range. SDG&E's own sample, as tested by a laboratory, showed 50- to 60-percent asbestos.

Since 2001, Chollas Creek in the Encanto Gas Holder site has displayed a white coating after storm-water runoff - a coating residents are convinced contains asbestos fibers which can seriously impact their future health.

In spite of that, 27 pieces of evidence, including the asbestos testing portion of the case, were ruled inadmissible, irrelevant or irregular by Judge Dana M. Sabraw in District Court. As a result, this newest trial, United States of America v. SDG&E, has been dismissed.

The trial, scheduled for November 20 at the Hall of Justice Department C-60 (Sacramento), has been removed from the calendar, leaving plaintiffs to wonder if all the thanks given them by local U.S. Department of Justice attorney Melanie Pierson, and Judge Yuri Hofmann, are merely a polite brush-off from a legal system that seems to favor corporations over people when it comes to the legacy of asbestos disease.


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Monday, October 12, 2009

San Diego Mesothelioma Lawyers / CA Asbestos Lawsuits

Mesothelioma is a serious lung disease in which the cells of the mesothelium (membrane of the lung) become abnormal, divide and multiple without control, resulting in cancerous tumors.

Many workers at San Diego's shipyards, powerhouses, plants and construction sites were exposed to asbestos. We represent workers in San Diego (CA) that have been diagnosed with mesothelioma and lung cancer. We are familiar with the most common New York work sites, and the products used at these sites. Even if you were not exposed at work, our mesothelioma attorneys will fully investigate your case to determine the likely sources of your exposure to asbestos.

The San Diego companies that manufactured, sold and installed asbestos products had extensive knowledge of the deadly hazards of asbestos as early as 1920. These companies did not warn of the risks or protect workers. The result is that many have unnecessarily and tragically contracted mesothelioma.

Mesothelioma can be a difficult disease to understand, and if you or a loved one have been diagnosed, you are certain to have numerous questions. If you have been diagnosed with mesothelioma, please contact our lawyers - we can help you find answers.

The large verdicts associated with San Diego mesothelioma lawsuits are not accidental. Jurors are outraged by What Companies Knew about the hazards of asbestos and the risks to workers' lives.

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Monday, September 28, 2009

MESOTHELIOMA

Anthony Vieira – Mesothelioma Attorney Serving Los Angeles, San Francisco, Ventura County, and Communities throughout California, Illinois, and Other States Pro Haec Vice

If you have been diagnosed with mesothelioma, it is essential that you seek the counsel of an attorney with experience and success in trying cases involving MESOTHELIOMA, asbestosis, and/or asbestos-related diseases. Anthony Vieira is considered one of the most highly respected Mesothelioma / Asbestos Trial Attorneys in the country. His specialized knowledge in this area has allowed him to work as Lead Trial Attorney for some of the largest most successful plaintiff toxic tort law firms around. He continues to work "of counsel" for other plaintiff law firms helping clients with mesothelioma, asbestosis and asbestos related lung cancer cases.

Mr. Vieira understands and has a very specialized understanding about the medical and technical scientific affects of asbestos on the human body. As Lead Trial Attorney, he successfully leads legal teams to help clients and their loved ones through the complex litigation of Mesothelioma / Asbestos related Lung Cancer / Asbestosis cases. He knows and understands what is needed to prepare for a mesothelioma / asbestosis, asbestos-related case, from beginning to end, including preparing the legal complaint, discovery for product identification of asbestos, obtaining expert witnesses on mesothelioma and asbestos use, conducting expert depositions, and highly effective trial preparation. He knows which companies have injured clients, and he knows what it takes to win a case.

If you have been diagnosed with mesothelioma, it is essential that you seek the counsel of an attorney with experience and success in trying cases involving asbestos-related diseases. As an experienced mesothelioma / asbestos attorney serving clients from California (including Los Angeles, San Francisco, Ventura, Alameda, San Diego), Florida, Texas, Oregon, Washington, Illinois, and other states, Anthony Vieira has established himself as an aggressive, skilled defender of the rights and interests of his clients. Working with a strong legal team, Mr. Vieira devotes himself to the thorough preparation of each case he handles, carefully constructing an argument that demonstrates a direct link between the disease and a specific exposure to asbestos. It is not always easy to identify the liable party in mesothelioma cases, particularly when the exposure to asbestos may have occurred several decades prior to the manifestation of the disease. However, Mr. Vieira's extensive experience in serious personal injury cases enables him not only to identify those at fault but also to build the strongest case possible demonstrating their liability.

At Vieira Trial Law, we understand how devastating it can be to discover that you or someone you love has been diagnosed with mesothelioma. We care about people and their welfare. We empathize with their suffering and feel strongly about helping them achieve the justice they deserve. It is with sincere compassion and respect that we will represent our clients with integrity, confidence, and excellence.

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Monday, September 14, 2009

Finding The Right Mesothelioma Lawyers

You may have been recently diagnosed with the terrible and life shattering disease mesothelioma cancer. After you have spoken to your doctor and received your test results and your prognosis and diagnosis, there is another step to take that may change your life and your family’s life forever. The next crucial step to take is that you hire a mesothelioma lawyer immediately. It may even be beneficial to speak to a mesothelioma lawyer before you get confirmation from your doctor. At least you will have the groundwork in place and the mesothelioma lawyer can start to find more information about when and where you were exposed to asbestos.
Most lawyers that specialize in mesothelioma work on a contingency basis. This means that there is no costly retainer fee and that the attorney works for a percentage of the settlement. If the mesothelioma lawyer does not manage to win you any compensation, he doesn’t get paid. This is what is more commonly known as a no win, no fee court case. Always read the small print when accepting the help of a mesothelioma lawyer on a no win no fee basis. You may have to pay court fees if you are on the losing side. If this is the case, you may have to find court costs and lawyer costs for the other side. This is something that rules in your favor because an attorney that works on contingency will do the best possible job when presenting your case. Many companies have been set up especially to deal with mesothelioma cancer cases. This is simply because the cases are long and drawn out and can take years to resolve. This means you need someone who is not only qualified to handle your case, but someone who is also dedicated and genuinely caring for your cause.

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Tuesday, September 1, 2009

Mesothelioma Lawyers in San Diego

To understand how to choose a lawyer for this disease, you should first understand the basics of the disease. In the simplest sense, mesothelioma is a cancer of the protective layers of the body cavities, known as the mesothelium.



These tissues have different names depending on the organs they protect. You have probably heard of the peritoneum–this is the covering around the stomach and intestines. Other organs and cavities have their own membranes as well.

Mesothelioma is a cancer of these tissues. They often do not just affect the tissues–they affect the organs they surround and can spread elsewhere. This cancer is most often contracted by exposure to asbestos, a highly dangerous mineral often found in floors, ceilings, and some products.

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Thursday, August 20, 2009

End Mesothelioma Legislation Finally Passes Senate!

Welcome to the Casey Gerry Asbestos Mesothelioma Website. Our San Diego mesothelioma lawyers and asbestos attorneys have created this site especially for people who have been diagnosed with mesothelioma and other diseases caused by asbestos exposure. You and your family will find information about causes of asbestos disease, and about diagnosis, treatment, and the latest medical research and also about national organizations to help patients and families dealing with mesothelioma. A diagnosis of mesothelioma is a very serious matter, but medical advances offer increasing hope for asbestos victims.

You will learn more about asbestos in worksites, and the asbestos industry's fifty-year effort to suppress the facts about the lethal effects of this material on workers.

For more than a century asbestos was widely used in the United States in industrial applications for its insulating and fireproofing properties. Asbestos diseases including mesothelioma, asbestosis, and lung cancer arise from continuing exposure to airborne microscopic asbestos fibers. The most common sources of asbestos exposure are work in commercial and domestic construction, especially installing insulation, work in shipyards, and in service aboard naval or commercial ships. Even family members of asbestos workers were often exposed to levels of asbestos sufficient to trigger mesothelioma.

Since the 1920's, companies that mined and manufactured asbestos products knew that it presented serious health hazards for their workers. Senior company officers conspired to suppress that information, preventing workers, and even their own managers from knowing the dangers of working with this lethal material. Because of that conspiracy, workers with mesothelioma and other asbestos-caused cancers have important legal rights to compensation from the companies whose negligence and disregard for their safety has harmed them.

Asbestos cancers, like mesothelioma, are slow-growing. Symptoms may first appear as much as 15 to 40 years, or even more, after the initial asbestos exposure. By the time a mesothelioma diagnosis is established the disease may have progressed so far that the victim may not have much time left. Once a mesothelioma diagnosis is established, it is critical to move rapidly to file a mesothelioma or asbestos litigation claim, and press for a timely resolution. If you or a loved one has mesothelioma or another asbestos-caused disease, it is vital to secure an asbestos attorney who is experienced and knowledgeable in asbestos litigation.

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