by NancyN

Created on: December 09, 2008   Last Updated: December 17, 2008

The mesothelium consists of the tissue that lines body cavities. Mesothelioma is cancer of the mesothelium and is caused primarily by exposure to asbestos. It can appear in several places in the body. Pleural mesothelioma occurs in the tissue that lines the lungs and is the most common form of mesothelioma. Peritoneal mesothelioma is cancer of the mesothelium in the abdominal cavity. Cancer can also form in the heart cavity (pericardial mesothelioma) and, very rarely, in the cavities of the reproductive systems of both men and women.

Almost all cases of mesothelioma are a result of inhaling minute particles of asbestos from a number of sources, including building materials. Second-hand exposure, from particles on exposed clothing for instance, is also a factor. Homes, schools, factories, business complexes and the like were frequently built with products containing asbestos from the shingles on the roofs to the insulation in the walls to the flooring and more. Those who built these structures were at risk, and those who worked or spent time in them were also at risk, particularly when the buildings became old and decay was releasing asbestos into the air. Shipyards were a frequent source of exposure. The heatproof and fireproof characteristics of asbestos made it a seemingly logical choice for certain textiles and other products where this was needed. Firemen wore suits with asbestos for their protection against fires. Materials containing asbestos were handled by workers who dealt with certain types of gaskets. Ironing board covers contained asbestos, as did gloves used in chemical labs, cigarette filters, and even baby powder.

It can take several decades for mesothelioma to form in the body, making it difficult at times to determine the exact point of exposure. New cases have continued to appear, creating an ever-increasing number of lawsuits working through the system. Unfortunately for those victims deserving compensation, an accompanying rise in the number of fraudulent lawsuits has served to further overwhelm a judicial system already taxed by legitimate claims. The Fairness in Asbestos Compensation Act was passed in 1999, allowing for administrative resolution in many of the cases. This provided relief for the victims without the lawsuits having to go through the courts. With this act resolutions are faster, awards are larger, and the courts are free for other matters.

In West Virginia the statute of limitations for filing negligent or personal injury or wrongful death lawsuits is two years. A victim can file for assistance with medical bills, pain and suffering, and for compensation that will cover projected lost wages. Immediate family members (spouses, children, and parents) can file wrongful death lawsuits if the victim has passed away. Lawsuits can also be filed by those who contracted mesothelioma due to close contact with someone who was exposed to asbestos, and can receive the same types of compensation. If a victim has already filed a lawsuit for suffering Asbestosis and the illness progresses to mesothelioma or lung cancer, additional lawsuits may be filed.

Since many sufferers cannot afford the up-front fees most lawyers charge, they take their cases to contingency lawyers. There are contingency lawyers who specialize in mesothelioma in every state, and because they limit their practice to dealing with this illness they generally have a great deal of knowledge and experience regarding the complex legal, medical, and personal issues involved.

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