Mesothelioma Faqs

Elbert County in Denver, CO has a unique asbestos abatement project to tackle – that of a public landfill and trash compactor site. The site has historically been used to dispose of roofing and building materials, much of which was from before the mid 1970’s when buildings were routinely constructed with an abundance of asbestos. The landfill has been the primary dumping site for such rubbish but then it is compacted into bundles and shipped off to another landfill.

Concern about asbestos at the site arose when a backhoe company began excavating the grounds in preparation to remove an old missile silo. Local residents in the area called in complaints to authorities that contaminants were being spread by the excavation. Subsequent soil tests and tests to the debris at the landfill showed the presence of asbestos. No charges were filed because the asbestos had not yet gone airborne, but rather was contained to the landfill site.

Upon learning of the presence of asbestos among other environmental contaminants, the excavating was ceased and the area was covered, pending professional asbestos abatement services.

Cory Stark, director of Elbert County Emergency Management determined that the backhoe company, Backhoe Services, was operating without having tested the soil first and without a formal contract with the city. As reported by the Denver Post, Backhoe Services could not be reached for comment.

Stark asserts that there has been no danger to local residents so far as the toxins have been contained. Still, local residents have remained cautious and concerned. They are now taking their trash and debris to an alternate dump site.

Asbestos diseases such as lung cancer, asbestosis, and mesotheliomaare the unfortunate result of asbestos exposure. If you have been diagnosed with an asbestos-related disease, contact a mesothelioma lawyer at Sokolove Law today for a free consultation.

Asbestos

Only now, three full years after her conviction, is she finally sentenced, the woman responsible for endangering hundreds of illegal asbestos workers and innumerable members of New England communities. Albania DeLeon’s punishment is largely financial. She was ordered to pay $1.2 million restitution to the Internal Revenue Service (IRS) and $370,000 restitution to AIM Insurance. Her prison sentence is a mere seven years, with three years of probation after her release. That seems mild compared to the death sentence handed down by most asbestos related illnesses, includingasbestosis, mesothelioma and other malignant cancers.

Here’s a crime that makes identity theft look gentle in comparison. Most of DeLeon’s customers were illegal immigrants who, rather than obtain fake documents from underground agencies specializing in identity theft, chose to bypass that step and go straight to a skilled trade.

Forget fake drivers licenses, how about fake asbestos abatement certifications? The place to buy those in Massachusetts, which thrived for six long years, closed up shop in 2007 when its owner, Albania DeLeon, was exposed and arrested. She had been selling certificates to people and placing them in jobs where they were supposed to be trained to perform asbestos abatement services, except they weren’t. The workers didn’t have to undergo training at DeLeon’s school, they just had to pay an extra $50 to bypass the federally-mandated 32-hour program and get the certificate.

The closing of the long-lived fraudulent Massachusetts school for asbestos removal training and certification was a high profile story back in 2007 when it happened. It was an even bigger story in 2008 when DeLeon fled the country after being charged with dozens of felonies. She sawed off the monitor locked around her ankle, abandoned her three-year-old child and disappeared. That should teach the feds not to merely house arrest someone who’s destined to be the first woman ever placed on the EPA’s most wanted fugitives list.

As reported by the Boston Globe in 2009, DeLeon wrote a three page letter to US District Court Judge Nathaniel M. Gorton, part of which read: “I pray that God will forgive my soul and allow me to atone the rest of my life repaying and repairing the harm I have done. This is my solemn promise.” Although a prayer for forgiveness is not a solemn promise, one might gather from the letter that DeLeon sincerely wished to amend her wrongs. Unfortunately not. She fled the country. Nineteen months later, on October 30, 2010, DeLeon was arrested again in the Dominican Republic. Her actual sentencing took a while because the sincerely remorseful DeLeon secured herself a better lawyer for the hearing.

Although Cynthia Giles, the assistant administrator for EPA’s Office of Enforcement and Compliance says that “justice was served” in this case, we disagree. Sure, DeLeon was ordered to pay back the IRS and an insurance company for fraudulent tax return filings and claims, but the real loss occurred when more than 2,000 untrained, illegally certified asbestos workers were exposed to carcinogenic asbestos fibers or silicate minerals while unsafely removing asbestos from hundreds of New England schools, hospitals, churches and homes. In addition to the illegally certified asbestos workers, nobody knows how many children and other innocent members of the community were also exposed to asbestos fibers during these projects.

If you were exposed to asbestos and subsequently diagnosed with mesothelioma, contact a mesothelioma attorney. If you have any questions about the details ofasbestos law and what is required to pursue a settlement, check out the information available on the Sokolove Law website as well as this Asbestos Resource website.

Asbestos

It may have occurred across the pond in London, but it is still always good to hear about successful childbirth injury lawsuits resulting in a settlement that will benefit those who have been harmed.

In the South London suburb of Tooting in 2004, Leo Whiten was born at St. George’s Hospital with cerebral palsy that was caused by a deprivation of oxygen that stemmed from doctors’ failure to perform a caesarean section birth when it was necessary.

Following the birth, the Whitens pursued a lawsuit against the hospital. In 2006, St. George’s Healthcare NHS Trust admitted that Leo’s injuries could have been prevented if appropriate action had been taken at the right time. The Whitens eventually won the lawsuit, gaining a £2.7 million (or approximately $4.4 million) settlement in the process.

“Leo is a delightful little boy but the injuries he suffered at birth mean that he will never be able to lead an independent life or work for a living. We are pleased to have been able to secure an award which will provide sufficient funds to ensure Leo can obtain the treatment and care he needs to give him the best possible quality of life both now and in the future,” said Tom Cook, the family’s solicitor.

Leo’s mother, Samantha Whiten, added that she had been worried about how her son’s cerebral palsy would be cared for properly in the years to come. However, she said that money from the settlement would help ensure that Leo will always be able to afford the best care possible.

“Like many parents who have a child with severe cerebral palsy our greatest long-term worry is how he will be cared for when we are no longer able to do this ourselves,” she said. “This settlement gives us the security of knowing that there will be funds available to pay for his care for the rest of his life.”

It’s good to see the Whitens have gotten justice for the birth injury that will affect their child for the rest of his life. If you or a loved one have a child who has cerebral palsy after suffering a birth injury, taking legal action may help you secure a similar monetary settlement. Speak to acerebral palsy attorney at Sokolove Law today to learn about any legal options regarding a birth injury lawsuit that may be available to you.

Cerebral Palsy

Rainy weather in Reading, Ohio, has lead to the closing of an elementary school so the building’s asbestos-laden roof can be properly and safely repaired following some water damage.

According to local television station FOX 19, Hilltop Elementary School closed last week so workers could get to the building’s roof to reinforce 35 square feet of weakened plaster that is known to contain asbestos. The plaster roofing was weakened during heavy rains that had hit the area during the week.

In order to prevent asbestos fibers from falling into the school during the construction, some workers remained inside to monitor the building and make sure conditions were safe for students to return the following week.

“Technically they don’t have to follow the EPA regulations,” said Bradley Miller with the Hamilton County Department of Environmental Services. “But the contractor has agreed to do everything in the US EPA regulations by wetting the material, placing it in bags in a wetted condition and then take it to an approved landfill for disposal.”

For those who have been diagnosed with mesothelioma cancer that can be linked to asbestos exposure caused by a product or former employer, you may be entitled to financial compensation. Contact an experienced mesothelioma attorney to learn more about your rights, and to see if pursuing a mesothelioma settlement is in your best interest.

Asbestos

The family of a 10-year girl who suffered birth injuries as the result of a botched birth process at a Maine hospital has won a $3 million lawsuitagainst a midwife who conducted the delivery.

Hannah Tilton was born with severe mental retardation, blindness, the inability to speak, and a reliance on both a wheelchair and feeding tubes. Many of the birth injuries she sustained were the result of a lack of oxygen she suffered during the delivery.

However, a fetal monitor that had been put in place to monitor Hannah’s oxygen and read that there was a problem went unnoticed by a midwife at the Central Maine Medical Center in Lewiston, ME where the birth took place.

A medical malpractice case ensued following the birth complications. On July 1, following four hours of deliberation, a jury found that the midwife had breached the standard of care by not properly recognizing the warning signs.

As a result, the Tilton family was awarded $500,000 for the permanent impairment and loss of enjoyment of life that Hannah faces for the rest of her life, $345,000 to cover past medical expenses, and $2.3 million for her future medical and health-care costs.

For children who suffer a birth injury during delivery, there are usually a number of expensive medical equipment they must purchase, and treatments they must undergo, in order to live a more comfortable life. If you or a loved one are struggling to afford the financial costs associated with caring for a child who suffered a birth injury, contact a birth injury attorney at Sokolove Law today to learn more about the legal options that are available.

Birth Injury

Following his attempt to show that he is not limited by his cerebral palsy, a Coronado, California, man’s recent physical accomplishment has gotten him a considerable amount of media attention and praise.

Stephen Wampler was born with cerebral palsy that has always limited his movement. Nonetheless, he was able to take up the rigorous sport of mountain climbing. Following a year of training with a rope and pulley system, Wampler set out to become the first person with cerebral palsy to ever climb El Capitan, a 3,000-foot mountain in Yosemite National Park.

The climb was originally meant to show children that anything can be accomplished with the right mindset while also raising money for his Wampler Foundation, which helps children with disabilities attend outdoor camps in the Sierra Nevada mountain range.

However, his six-day climb ended up doing more than that. In addition to earning him a nomination for an ESPY Award for “Male Athlete with a Disability,” it also was chronicled in a documentary film titled Wall: The Journey Up, which will premiere at a local park later this month.

“I was so exhausted, so dehydrated, so hungry, so sleep-deprived that after day one, it’s all a blur,” Wampler said of the climb.

Wampler is an example of how individuals born with cerebral palsy, or any other kind of birth injury, can succeed in life and overcome their obstacles with the proper treatments. However, for families who may have trouble affording the proper treatments, pursuing a financial settlement through a childbirth injury lawsuit may be a viable option. Speak to acerebral palsy attorney at Sokolove Law today to learn more about your legal options.

Birth Injury

After gaining Internet fame for an audition video posted as part of a reality show contest led by television diva Oprah Winfrey, wheelchair-bound cerebral palsy survivor Zach Anner will star in his own show documenting his travels and exploits around the world.

The show, titled “Rollin’ with Zach,” will premiere December 12 on OWN: Oprah Winfrey Network and hopes to raise awareness regarding cerebral palsy while also showing that those afflicted with it are able to lead productive and exciting lives.

Anner was something of an Internet star before he submitted an audition video to “Your OWN Show: Oprah’s Search for the Next TV Star,” a reality show that promised to give its winner a deal to create an original series on OWN. Some 15,000 auditions were submitted for the reality series. Anner was one of two contestants chosen to create their own show.

“Rollin’ with Zach” is a travel show where Anner “explores the country, meets new people, indulges in his favorite treats, and attempts new and exciting experiences he never imagined possible.” In each episode, Anner travels to a city and conquers a “Top Five” list of activities for that area that range from surfing and sailing to appearing as a contestant on “The Price is Right”.

Anner’s show will demonstrate that while cerebral palsy is a devastating condition, those afflicted with it can live fulfilling lives if they receive the proper care and treatment.

If you or a loved one have a child with a birth injury such as cerebral palsy, you may be able to take legal action. Pursuing a cerebral palsy lawsuit could result in a substantial monetary settlement to help fund any treatment and/or assistance your child needs for the remainder of their life. Speak to a birth injury attorney at Sokolove Law today for a free consultation.

Birth Injury

Families with children who have suffered birth injuries such as cerebral palsy are always looking for the best types of treatments and medical care that is available to them in order. One method that has been found to be an effective treatment for children with spinal issues has been Lokomat robot-assisted walking therapy.

Lokomat robot-assisted walking therapy utilizes a harness that is suspended over a treadmill with robotic leg straps on it. The patient is attached to the harness and leg straps before a computer begins moving their legs on the treadmill at a controlled speed in a natural motion. The repetitive walking pattern has been found to help strengthen muscles, Improve circulation, and teach the brain walking motions.

A recent report from CBS’s New York television station profiled MacKenzie Maher, a young girl who was born with cerebral palsy that initially left her unable to walk. However, after working with doctors and using the Lokomat method in a clinical trial, she is now able to walk on her own.

“Like before I couldn’t even keep up with my family when I was walking. Now my mom says that I have to actually slow down,” MacKenzie said.

While MacKenzie was able to get her treatments funded through the Shriners, not everyone who could benefit from Lokomat therapies may be as fortunate. If you or a loved one have a child who suffered a birth injury and need money to fund medical expenses such as Lokomat therapy, contact a birth injury attorney at Sokolove Law today to learn if you may be able to pursue legal action.

Birth Injury

Cerebral palsy is a condition typically contracted through birth injury and the treatment options are few. One Missouri doctor may be changing that with a new, innovative cerebral palsy treatment.

While a number of treatments are available for those with cerebral palsy, a new treatment from the St. Louis Children’s Hospital that has been perfected by neurosurgeon Dr. T.S. Park has become a popular option for those who can afford the treatment and make the trip to Missouri.

Dr. Park’s specialty is the selective dorsal rhizotomy, a procedure that was developed more than 30 years ago that involves the cutting sensory nerves in the bottom of the spine to relieve muscle rigidness that often is caused by cerebral palsy. Cerebral palsy patients who have trouble walking are the most common recipients of the procedure and have shown considerable improvement in their ability to walk as a result.

Park is known for developing a less-invasive technique of the procedure that involves removing bone from one vertebrae to locate the spasticity-causing nerves. He has performed his version of the procedure – which has fewer long-term back complications and side effects – since 1991.

Park’s procedure has gained even more popularity in recent years as international patients, particularly ones from the UK, have begun making the long trip for it. His peers have also heaped praise upon him for the work he has put into the procedure.

“His findings are absolutely fundamental and influential,” Dr. Ralph Dacey Jr., the Washington University chairman of neurological surgery, recently told a WU magazine, according to St. Louis Today. “He is one of the few people in the world to have perfected the technical aspects of this procedure, and he has systematically studied its effectiveness and role in the overall treatment of cerebral palsy.”

Some hurdles that families who want to sign their child with cerebral palsyfor the procedure may initially face may regard financing, as the procedure is expensive. However, if your child’s development of cerebral palsy may have been caused by medical negligence or doctor error, it may be worth pursuing a cerebral palsy lawsuit.

Speak to a birth injury attorney today to learn more about a lawsuit that could result in a substantial monetary award to help fund medical treatments, such as a selective dorsal rhizotomy, for the rest of your child’s life.

Birth Injury

Cerebral palsy is a serious birth injury that affects many families in the U.S. The birth injury causes lifelong challenges to both victims and their families, making it difficult to achieve life goals. That’s why this story is so heatwarming and inspiring.

Tyler Sexton was born in February 1986, 12 weeks earlier than expected. Soon after the birth, his lungs collapsed and posed such a danger that his parents were told that he would probably not live. Even after pulling through the ordeal, he was eventually diagnosed with spastic diplegia, a form of cerebral palsy. He was 18 months old when his parents noticed that he was not able to sit up or crawl very easily. Because the cerebral palsy affected his lower extremities, doctors predicted that he would spend the rest of his life in a wheelchair.

However, Tyler committed himself to proving doctors wrong and worked with a physical therapist beginning at age three when he received his first walker.

“It was just embedded in me,” Tyler said. ”My parents instilled in me such a perseverance. If Mom and Dad say I can walk, then I can walk.”

After spending years improving his balance and muscle control through therapy and undergoing 16 surgeries, Tyler learned to walk on his own. He also learned to get around independently with the help of a Segway and his golden retriever service dog named Danny. After graduating magna cum laude from the University of Southern Florida in 2007, Tyler enrolled in the University of Sint Eustatius School of Medicine to become a doctor.

Despite application denials from interviewers at other medical schools and warnings that patients did not want a doctor who was disabled, Tyler graduated from medical school this June with a medical doctorate in hyperbaric medicine.

Currently an adjunct professor at the university, he has already passed the medical boards and is currently interviewing for residencies. He and his mother have also written a book, God Bless These Little Legs, documenting his battle with cerebral palsy.

“I am an example that all things are possible, and I can tell a patient that I know how they feel and mean it,” he said.

If you or a loved one have given birth to a child with cerebral palsy, there are treatment options available that may be able to help the child overcome some of the disabilities they are facing and lead a normal life. Speak to a birth injury attorney at Sokolove Law today to learn whether it is possible to bring a lawsuit  against a doctor or medical center that may have caused the birth injury.

Birth Injury