Cooney and Conway, Mesothelioma Attorney

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120 N Lasalle Street - Suite 3000 | Chicago, IL 60602-2415 | 1-800-322-5573 - FREE | 312-236-6166 - LOCAL

Mesothelioma
Cooney and Conway began representing mesothelioma clients more than 25 years ago when a group of Johns-Manville employees from nearby Waukegan, Illinois sought our help when Johns-Manville refused to give them access to their own yearly employee chest X-ray results. Cooney and Conway intervened and the records were turned over. Manville had been concealing evidence that its employees had developed mesothelioma, lung cancer, and asbestosis. Represented by Cooney and Conway, and armed with medical proof of their injuries, the plant workers successfully brought Manville into court.

Since that time, the firm has represented several thousand mesothelioma clients from many occupations. Cooney and Conway lawyers have argued on behalf of our clients in many landmark cases that have shaped mesothelioma litigation in Illinois and nationwide. Some of these include:

In re Johns-Manville Asbestos Cases, 511 F. Supp. 1229 in which the United States District Court ruled that Manville plant workers were not limited to workers’ compensation claims against the Manville Corporations.

VaSalle v. Celotex, 161 Ill.App.3d 808. The Illinois Appellate Court held that asbestosis and cancer are two separate injuries. If a worker is initially diagnosed with asbestosis and years later develops mesothelioma or another malignancy, he has the right to return to court and file a new lawsuit.

Tragarz v. Keene, 980 F.2d 411 (7th Cir. 1992), in which the United States Court of Appeals for the Seventh Circuit upheld the application of joint and several liability in asbestos personal injury cases .

Cooney and Conway was honored to submit Amicus Curiae or “ Friend of the Court” briefs to the Illinois Supreme Court in two very important cases, Thacker v. UNR Industries, Inc., 151 Ill. 2d 343, and Best v. Taylor Machine Works 179 Ill. 2d 367.

In Thacker, the Illinois Supreme Court held that exposure to asbestos fibers could be proven through “fiber drift” evidence, meaning that a plaintiff exposed to asbestos used elsewhere on a jobsite did not have to establish hands-on use of the defendant’s product in order to prove that he had inhaled asbestos dust from the defendant’s product.

In Best, the Illinois Supreme Court declared the 1995 Civil Justice Reform Act unconstitutional. Among other restrictions, the Reform Act had terminated all mesothelioma claimants’ right to bring a lawsuit. The Cooney and Conway “Friend of the Court” brief was one of the few such briefs accepted by the Court, and was one of the first allowed to be filed for the Supreme Court’s review.

In addition to these landmark cases, Cooney and Conway lawyers have been appointed to leadership roles on all of the major bankruptcy committees by the United States Courts. These positions protect the rights of victims and ensure that asbestos corporations seeking bankruptcy protection are not allowed to avoid paying compensation to those they have injured in the past.

Finally, and most importantly, Cooney and Conway lawyers successfully represent mesothelioma clients at trial. Our verdicts and settlements for our clients in mesothelioma cases are some of the highest in the United States, reaching into the multi-millions in individual cases. Chicago Magazine has consistently named us as one of the ‘Best Law Firms in Chicago’ , and we are the only firm concentrating in asbestos litigation to receive this prestigious ranking.



Additional Mesothelioma Information


One of the most serious health problems associated with asbestos exposure is a rare form of cancer called malignant mesothelioma.
Malignant mesothelioma starts when cells found in the mesothelium, a protective lining that covers most of the body's internal organs, become abnormal and divide without control or order. These cancerous cells may then metastasize (spread) to other parts of the body, damaging tissues and organs.

Malignant mesothelioma may present itself in many forms. Common forms include: (1) peritoneal mesothelioma (cancer of the abdominal lining); (2) pleural mesothelioma (cancer of the lung lining); and (3) pericardial mesothelioma (cancer of the heart lining). The form of malignant mesothelioma someone has is an important factor in evaluating both treatment options and symptoms of the disease.

Mesothelioma can be caused by exposure to asbestos in the workplace, which might mean an employer or manufacturer is responsible. An experienced attorney can help you determine if you have a case.

Symptoms of Mesothelioma
Symptoms of mesothelioma are usually non-specific and may not appear until 10 to 40 years after someone is exposed to asbestos. When symptoms do finally appear, they may include shortness of breath and pain in the chest, due to an accumulation of fluid in the membrane that surrounds the lungs and lines the wall of the chest cavity. In addition, symptoms may include weight loss and abdominal pain and swelling, due to a build-up of fluid in the abdomen. In some cases, symptoms may even include bowel obstruction, blood clotting abnormalities, fever, night sweats and anemia.

Because the symptoms caused by mesothelioma are similar to many other less serious health problems, it is important to see a doctor for a correct diagnosis.

Risk Factors Associated with Mesothelioma
Although mesothelioma is a relatively rare cancer, reported incidence rates have increased in the past 20 years. Almost all people who develop mesothelioma have worked on jobs where they inhaled asbestos particles. In fact, a history of asbestos exposure at work is reported in about 70-80% of all cases. Usually, the risk of mesothelioma will increase with heavier and longer exposure to asbestos. However, some individuals with only brief exposures have developed mesothelioma.

Mesothelioma also occurs more often in men than in women, and risk increases with age. Yet, mesothelioma may appear in either men or women at any age.

There is also some evidence that family members and others living with asbestos workers have an increased risk of developing mesothelioma. This risk may be the result of exposure to asbestos dust brought home on the clothing and hair of someone who worked with asbestos. Discuss your concerns with an attorney with experience in this area.

Who is at Risk for Asbestos Exposure?
Many people wonder if they are, or have been, exposed to the health risks caused by asbestos. Health hazards from asbestos dust have been recognized in workers exposed in shipbuilding trades, asbestos mining and milling, manufacturing of asbestos textiles and other asbestos products, insulation work in the construction and building trades, brake repair, and a variety of other trades. Demolition workers, drywall removers, and firefighters also may be exposed to asbestos dust.

People whose work brings them into contact with asbestos -- workers who renovate buildings with asbestos in them, for example -- may inhale fibers that are in the air; this is called occupational exposure. Workers' families may inhale asbestos fibers released by clothes that have been in contact with asbestos-containing materials; this is called paraoccupational exposure. People who live or work near asbestos-related operations might inhale asbestos fibers that have been released into the air by such operation; this is called neighborhood exposure.

The amount of asbestos to which someone is exposed will vary, according to:

The concentration of fibers in the air;
The duration of exposure;
The person's breathing rate (workers doing manual labor breathe faster);
Weather conditions; and,
Any protective devices the person might be wearing.
Although it is known that the risk to workers increases with heavier exposure and longer exposure time, investigators have found asbestos-related diseases in individuals who had only brief exposures. Workers who develop asbestos-related diseases may show no signs of illness for a long time after their first exposure. It can take from 10 to 40 years for symptoms of an asbestos-related condition to appear. Because of this time-lapse issue, lawyers are often asked if there is still time to make a claim for an injury or illness caused by asbestos.

There May Still Be Time To Make A Claim
Many people who have suffered injuries from toxic substances such as asbestos did not know of the health risks at the time of the exposure. As a result, some states have enacted laws allowing people to file lawsuits for a certain amount of time after the date when their asbestos-related illness was detected, rather than from the date of the exposure. An attorney can tell you whether you still have time to file a lawsuit within the limitation period applicable in your state.

Compensation For Asbestos Exposure Injuries
Many effects of toxic asbestos exposure are permanent and irreversible. Although the law seeks to place an injured person in the position he or she was in before an injury, this usually is not possible. Instead, economic compensation thought to be equivalent to the victim's damage is awarded. A plaintiff who can prove that he or she was exposed to asbestos may be able to recover for both the economic and noneconomic consequences of that exposure, including:

The cost of past and future medical care;
The cost of necessary rehabilitation;
Lost past and future wages;
Lost earning capacity;
Lost enjoyment of life;
Emotional distress; and,
Past and future pain and suffering.
Another kind of damages that plaintiffs injured by asbestos may be able to recover are "punitive" damages. Punitive damages are intended not to compensate the victim for his or her losses, but to punish the defendant's wrongful conduct. Although punitive damage awards receive a lot of media attention, they are in fact quite rare. The amount of punitive damages awarded is usually based on the wealth of the defendant and the magnitude of its wrongful conduct. Some states require that a portion of punitive damages awards be paid to the state.

Getting Help
If you are concerned about potential exposure to asbestos, or if you or a loved one suffer from asbestosis, mesothelioma, or another medical condition associated with asbestos exposure, you should take action to protect your legal rights by discussing your case with an experienced asbestos/mesothelioma attorney.

If you would like further information about our asbestos practice, or would like a complimentary analysis of your or a family member's potential case, please call us at 312.236.6166, or contact us by E-mail. We are pleased to have the opportunity to be of service.