Mesothelioma Patients

Big Rivers Power Plants and Mesothelioma (Podcast)

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In this podcast, John Maher talks with Paul Kelley about asbestos exposure at the Big Rivers power plants. Paul explains how exposure occurred, who was exposed, and what to do if you’ve been diagnosed with asbestos due to exposure.

John Maher: Hi, I am John Maher. I’m here today with Paul Kelley. Paul is a partner with the Kentucky personal injury law firm, Satterley and Kelley, which has over 45 years of collective experience in litigating mesothelioma and asbestos claims. Today we’re talking about the Big Rivers power plants and mesothelioma.

Welcome, Paul.

Paul Kelley: Hey, John. How are you doing today?

John: Good, thanks. How are you?

Paul: Doing well, thank you.

What Are the Big Rivers Power Plants?

John: Good. So Paul, what are the Big Rivers power plants? Where are they located?

Paul: So there are several Big Rivers power plants. Some of them closed down, but historically, there was the Kenneth Coleman Station, and that was located kind of in the Lewisport-Hawesville Kentucky area. There’s also what we kind of globally call, the Sebree station in kind of Sebree-Robards area of Kentucky, but that probably is more commonly known as the [Robert] Reid Station, the Green Station, and the Henderson Station. And then there’s also the D.B. Wilson, which I think is more towards Centerville, Kentucky.

And those were all power plants that were built in the, let’s say the late 1970s, or I’m sorry, the late 1960s through the early 1980s. And they provided power for a substantial part of the Western Kentucky area. And sometimes they worked in co-op with other power facilities and co-ops. But essentially, Big Rivers operated several power plants in Western Kentucky that provided power to a significant population in that area of the state.

Asbestos at the Big Rivers Power Plants

John: And so how are the Big Rivers power plants related to asbestos and mesothelioma claims?

Paul: So a lot of different ways. I’ll kind of start with the Coleman station, which was started to be built in 1969.

Power plants contain a turbine. They contain a boiler. The turbine is what generates the electricity. The boiler is what provides the energy to the turbine to create the electricity. And these power plants are huge and they contain all kinds of equipment. They contain miles and miles of piping. And when those plants were built, particularly the earliest ones, they were all insulated with asbestos. The pipes that ran through the plant that provided steam contained asbestos. The piping that was connected to the boilers and the turbines contained asbestos. The boilers and the turbines were insulated with asbestos. The insides of the boilers were insulated with asbestos.

Asbestos was a very effective heat-resistant material. You can imagine how hot these boilers are. I forget the temperature ranges, but they’re north of a thousand degrees Fahrenheit, and it would require something very significant to keep their materials from degrading. And so like firebrick went into the boilers and that had to be replaced every so often, but it lasted a year or two. Sometimes the outsides of these boilers and turbines were insulated with asbestos in order to keep heat in and also to protect people from touching a hot piece of equipment.

There were things called precipitators that also contained asbestos, asbestos insulation, asbestos refractory firebrick material and then, of course, the piping. And you can only imagine in a facility that was acres long, how many miles of piping and power plants, in particular, had a lot of it because its whole purpose was to carry steam from the boiler to the turbines. And so there was miles and miles of piping that was all insulated with asbestos.

Who Was Exposed to Asbestos at Big Rivers?

And so historically, what we’ve seen at places like Coleman and then later on at the Sebree Station with Reid and Green and Henderson is all those pieces of equipment were insulated with asbestos, all the piping was. And so people who worked during the original construction of those plants were heavily exposed to asbestos and, unfortunately, years later started to develop mesothelioma.

Then in addition, they have to operate those plants and they have to maintain those plants and they have to update those plants and so people that came in years later to perform maintenance were exposed. Whether they replaced the insulation on the piping or they overhauled the boilers and the turbines, they were exposed. Millwrights that came in to tear out pieces of equipment and piping and to revamp were exposed. So there were a lot of people that worked both during the construction, as well as the maintenance and the operation of the plant who, ultimately, many years down the road developed cancer as a result of that exposure.

John: Yeah, and so all of the people that built the plant, like you said, any of the people who did maintenance on the plant. Were there other people who would’ve worked at the Big Rivers power plants who might’ve been exposed as well in some other indirect way?

Paul: I mean, the operators. I mean, they had to be exposed. So it takes a village of people to operate a power plant. I don’t know exactly what the numbers were of how many people were in these various plants, but Coleman Station had three units. And what that means is it had a turbine generator unit, so it had three of them. The Sebree Station had five units.

You’ve got dozens, if not hundreds, of people that are in that plant working to make sure that people are getting power. And so controllers, people that operated the turbines were getting exposed. People that operated the boilers were getting exposed.

The managers, supervisors, the engineers. I mean, you don’t just open up a power plant and turn it over to just anybody. You’ve got highly educated people that are operating this piece of equipment. You have highly educated people that come in and make sure that all the equipment is working and doing what it’s supposed to be doing. And so a lot of engineers worked in those plants and so a lot of engineers have been exposed and several of them have developed cancer over the years.

People who certainly visited the plant for whatever reason, not necessarily working in a maintenance situation, not necessarily a full-time employee, but they would have lots of visitors that would come into those plants for various reasons and they’re being exposed.

Over the years, asbestos does start to degrade a little bit, and we would frequently get descriptions from people that worked in those plants about it deteriorating from the steam lines and just falling down and falling into the breathing zone of people that are working in the plant, people that are visiting the plant.

And, unfortunately, the science indicates that it does not take a lot of asbestos to cause mesothelioma. And so anybody that’s spent any time in that plant or in any of those plants are, unfortunately, the ones that haven’t already developed cancer, they’re at significant risk of developing mesothelioma and a lot higher risk than your average population.

What to Do If You Have Mesothelioma or Cancer Due to Asbestos Exposure at Big Rivers’ Power Plants

John: Right. So if you were an employee at Big Rivers Electric Corporation, now you have lung cancer or asbestosis or mesothelioma, what should you do?

Paul: I think it’s important to contact a lawyer and try to figure out your rights. Big Rivers is an interesting location because there were so many contractors that worked there and then obviously a lot of manufacturers’ products were in there.

We’ve talked about this and other scenarios. A lot of those manufacturers have gone into bankruptcy. Several have not. A lot of the contractors and distributors have gone into bankruptcy. Several have not.

If you were a direct employee of Big Rivers, you can’t file a lawsuit against it. Under Kentucky Law, you’re limited to what’s called a workers’ compensation claim and there may be reasons why you can’t even file that. But you can certainly file a claim against the manufacturers of products. You can file claims against some of the distributors, some of the contractors that worked in there.

If you weren’t a Big Rivers employee, then there’s a pretty good chance that you can sue Big Rivers and recover directly from Big Rivers for causing or contributing to your cancer. But you have got to figure it out. And I’ve talked to so many people over the years that have worked in those facilities that really didn’t know what their exposure was. They knew that there was insulation there, they knew that they worked on turbines or boilers, but they didn’t have any understanding there was asbestos in those products.

And so it’s important to talk to a lawyer to kind of go through everything. And typically speaking, John, if somebody was a contractor and they worked at Big Rivers, they worked at more places than Big Rivers. They worked at all kinds of other places so there’s going to be some likely other exposures.

But it’s important to figure out what your rights are, to make sure that you file your case within the Kentucky statute of limitations, make sure that you exhaust all possible avenues of recovery and identify witnesses. This disease is very harsh and most people are going to pass away within a year, year and a half, of being diagnosed with the disease. Time is of the essence.

Hiring somebody that already has a lot of evidence related to a particular facility like Big Rivers is important. You can certainly try to recreate the wheel, but why do that when the evidence is already there? And so hiring somebody that not only has experience with mesothelioma cases and asbestos cases, but hiring somebody that knows that particular facility, knows those particular plants, I think, is critical.

And so my advice is obviously for you and your family, medical care and trying to develop a plan for treatment is of utmost importance. I mean, lawsuits are kind of over here on one side, but at some point, and the sooner, the better, it’s important to consult with an attorney to see what your rights are and to make sure that you’re adequately protecting your rights.

Things don’t get better over time. Memories fade. If somebody comes to me and they’ve developed cancer at 75, there’s a good chance that a lot of their coworkers are also that age. There’s a good chance that a lot of their coworkers have already passed away so making sure that somebody can get out there and start interviewing people and finding witnesses is critical. Sometimes our clients have passed already, and so it’s really important for us to find additional witnesses because we won’t get it anywhere else.

But I wish that we lived in a world where they could go to their doctors and develop a plan, take all the medical treatments, if they choose surgery, do all of that, and then worry about talking to a lawyer later. But that process takes several months, and those several months are a period of time that somebody like me can be out working for you and you don’t have to worry about that part of it.

That’s what you hire your lawyers for. That’s what we do, is to go out and try to develop the proof necessary for you to succeed while you and your family worry about what’s really important, which is trying to stay as healthy as you possibly can. And we don’t have a cure for mesothelioma yet, but the science is getting better. And certainly people’s lives, people are living longer, their quality of life is a lot better than what it used to be.

So focus on your medical care, but find out what your legal rights are. If you choose to hire somebody, let that lawyer hit the ground running and do everything that he or she can do to protect your legal rights and try to help you and your family in this extremely difficult and vulnerable time in your life.

Kentucky Statute of Limitations on Asbestos Exposure Claims

John: Right. You mentioned making sure that you file a claim before the Kentucky statute of limitations runs out. How long is that?

Paul: So under Kentucky law, we have one year from the date that we know or should know that we have an injury and also the cause of that injury and those can be two different dates. But the rule of thumb is to try to get a lawsuit filed within a year of the diagnosis. If a judge determines that you knew or should have known about your condition and the cause of it more than a year prior to when the case was filed, the judge doesn’t have any discretion. The judge has to dismiss your case.

So I don’t like to fool around with it. If somebody comes to me and they’ve been diagnosed a month prior, we figure it out and we get it filed as quickly as possible so we don’t leave anything to chance.

Now, sometimes they come nine, 10 months down the road and it’s a little bit of a challenge, but we still do everything we can do to try to get that thing filed within a year of the diagnosis because it would be very difficult for a judge or jury to conclude that it was untimely under those circumstances.

But if it’s 14 months after diagnosis, I’m not telling you that you can’t beat an SOL challenge because you can. But why run the risk if you don’t have to?

And then for obvious purposes, as I’ve mentioned before, life expectancy is not where we’d like it to be and so there’s just absolutely no reason to wait.

Contact Satterley and Kelley for Help Today

John: All right. Well, that’s really great information, Paul. Thanks again for speaking with me today.

Paul: Thank you, John. I appreciate it.

John: And for more information about mesothelioma and asbestos exposure, visit the law firm of Satterley and Kelley at satterleylaw.com or call (855) 385-9532.

Practical Tips for Living With Mesothelioma

Practical Tips for Living With Mesothelioma

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Mesothelioma is a difficult-to-treat, fatal cancer. There are different treatment approaches, and your ability to live your life fully depends on your health situation and frame of mind. There are steps you can take to live as best you can after your mesothelioma diagnosis.

How to Manage Physical Symptoms

Shortness of breath is common for those with mesothelioma, according to the American Lung Association. Depending on your situation, it may be treated by removing fluid from the space between your pleura and lung, drain placement, or surgery. If fluid builds up, you may need multiple treatments to manage it.

If mesothelioma causes pain, you shouldn’t just live with it. Some options to manage it include:

  • Working with a physical therapist who may show you how to move to help prevent pain and make you more comfortable
  • Pain medications may be an option, whether they’re taken orally, with a patch, or intravenously
  • Techniques that can reduce your stress and increase your pain tolerance include deep breathing exercises, meditation, guided imagery, and self-hypnosis

Pain can impact every part of your life. It can ruin your sleep and appetite and cause fatigue. Discuss your discomfort with your healthcare provider who should give you treatment options.

Palliative care

This can be a crucial part of managing mesothelioma and your symptoms. Palliative care from physicians specializing in mesothelioma patients may help minimize the emotional and physical effects of your symptoms. Your physician will focus on your needs, not your prognosis. You can take this approach while also actively pursuing treatment. The earlier a palliative care specialist gets involved with your care, the more benefits you may receive.

Cope as Best You Can

Most people with mesothelioma are older. You developed ways to cope with problems that may or may not serve you well. Trying a new approach may cause you more stress unless your existing strategy is unproductive or harmful because it leads to depression. Lashing out or being angry with loved ones or caregivers won’t help you through this and may push people away.

Well-meaning people may give you lousy coping advice. They may tell you to be positive and take this challenge head-on like a football game. You should do that if that’s a good fit for your personality. If not, don’t. You may be told you need to become more religious, especially if your prognosis isn’t good. You should do so if you think that will help, but don’t feel compelled to change your religious beliefs if you’re uncomfortable with that.

Get professional help to manage your feelings and emotions. It’s not a sign that you’re weak. It shows you’re smart enough to ask for help when needed.

Keep communication lines open

It’s essential to maintain honest communications with your loved ones, healthcare providers, and others, according to the Mayo Clinic. You may feel alone if others think they’re protecting you by not discussing your difficult situation. You may feel alone or less supported if you want to appear strong and not share your fears or feelings. When you and others show emotions, you can help support each other.

Develop ways to deal with mesothelioma

Ideas worth trying may include:

  • Finding ways to relax
  • Honestly share your feelings with those you’re comfortable with, whether friends, family, a spiritual adviser, or a counselor.
  • Write a journal to organize your thoughts and express your memories, feelings, and fears
  • Set aside time to be alone, but don’t live in isolation
  • Stay involved with activities as much as you can

You can also feel better by finding power when you feel powerless. You can make others feel better about themselves. Tell them how much they mean to you and how proud you are of them. Compliment and thank them. Help them when you can.

If there were past disagreements or you felt wronged by friends or family in some way, make things right. Admit the mistakes you made and apologize for any harm you caused.

Let friends and family help you

If you are blessed with friends and family willing and able to help you, accept their offers to pitch in. It not only eases your burdens but makes them feel better because they’re taking action to improve the life of someone they care about.

They can’t cure you, but they may run errands, drive you to appointments, cook meals, and help with chores. This gives family and friends a way to help you during a difficult time. This may help them as much as it helps you. Don’t deny them this opportunity.

This also helps your primary caregiver. The more friends and family do, the less your caregiver must do, allowing more time and energy to themselves. This may prevent them from getting burned out from caring for you.

Anticipate physical changes

Talk to your healthcare provider about how the disease and your treatment will change your body so you’ll be prepared and better able to deal with it. Chemotherapy often leads to hair loss. You may have weight loss or gain. Talk to others with cancer to see what they’ve experienced and how they’ve coped.

Live a healthy lifestyle

A healthy lifestyle may improve your energy level and state of mind. Eat a healthy diet and get enough sleep. Try to keep a consistent daily routine that includes some exercise and talking to others.

Are you or a loved one seeking information about mesothelioma and your legal options? Call (855) 385-9532 to learn more.

Motorcyclists Face Higher Risks of Accidents

Motorcyclists Face Higher Risks of Accidents and More Severe Injuries

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There’s no free lunch. Along with the unique pleasures of riding a motorcycle come risks vehicle drivers don’t face. Motorcyclists should take steps to manage and reduce the chances of a severe accident and take advantage of riding while the rest of us are stuck inside our vehicles.

What are Some of the Risks Motorcyclists Face?

Compared to vehicles, riding a motorcycle comes with unique risks and potential threats. They include:

  • Exposure to the elements: There’s little protection from the weather. Riders are exposed to rain, wind, and extreme temperatures, which can affect your comfort and ability to focus
  • Lack of visibility: Motorcycles are smaller and less visible than cars, making them harder for motorists to see. This increases the risk of accidents, especially at intersections or when changing lanes. Due to a motorcycle’s smaller size, drivers may misjudge its distance and speed, thinking it’s farther away and slower than it is
  • Less stable: Since there are only two wheels, motorcycles are inherently less stable than four-wheeled vehicles. You need to maintain your balance, especially at low speeds or when maneuvering in tight spaces, which is not something drivers must contend with. Because of this lesser stability, motorcycles are especially dangerous where there’s a lack of traction, which can be caused by water, oil, sand, or gravel on the road
  • No protective shell: Unlike a car or a truck, no metal body surrounds a motorcyclist. This makes it much more likely a motorcyclist will be ejected and or directly strike an object or vehicle in an accident. This is far more dangerous than what someone riding in a car, seat belted in, next to airbags, faces in a crash. What might be a minor accident for a vehicle could be life-threatening for a motorcyclist
  • Road hazards: Motorcycles are potentially more affected by potholes, uneven surfaces, and debris. While a vehicle might suffer a flat tire or a loss of alignment if it hits a big pothole, a motorcyclist may lose control and be ejected
  • Inexperienced riders: Inexperienced riders may lack the skills and judgment to operate a motorcycle safely, increasing their risk of accidents. Proper training and practice are essential for reducing this risk
  • Bad drivers: While bad drivers are dangerous to other drivers, motorcyclists can suffer far more harm if they collide with a vehicle, especially at higher speeds

If you decide to use a motorcycle, you must understand the dangers you face and take steps to reduce your risk of an accident.

What Can I Do to Make Motorcycling Safer?

Motorcyclists can’t control other drivers, what’s on the road, or the weather, but there are steps they can take to help them reach their destination safely. They include:

  • Wear safety gear: Kentucky law requires motorcyclists to wear helmets if they are younger than 21, have an instruction permit, or have had a motorcycle license for less than a year. If you fall outside these requirements, you should wear a helmet anyway because it may prevent a catastrophic injury in an accident. You should also use protective eyewear, gloves, sturdy boots, and durable, abrasion-resistant clothing, such as leather or armored gear
  • Get trained: You need not take a motorcycle safety course to get a license in Kentucky. Like helmets, just because it’s not required doesn’t mean it may not save your life. Even experienced riders can benefit from advanced training courses to improve their skills and hazard awareness
  • Follow traffic laws: You must obey speed limits, traffic signals, and road signs to help reduce the chances of crashing. Aggressive or reckless behavior, such as lane splitting, weaving through traffic, or excessive speeding, can be a recipe for disaster. Avoid or strictly limit your alcohol intake because impairment can be much more dangerous than if you drive a car because your margin for error is much more thin. Don’t ride under the influence of legal or illegal drugs
  • Stay visible: Wear brightly colored or reflective clothing, especially at night or in low-light conditions. Black is fashionable for motorcyclists, but you won’t look terrific in the back of an ambulance. Use your motorcycle’s headlights, turn signals, and brake lights to increase your visibility to other motorists.
  • Maintain your motorcycle: Breaking down may significantly increase your chances of being struck by a vehicle, especially if you must pull over in an area with heavy traffic. A malfunction may also cause you to crash. Regularly inspect your motorcycle for mechanical issues, including brakes, tires, lights, and signals. Keep your bike well-maintained and serviced according to the manufacturer’s recommendations
  • Practice defensive riding: Pay attention to your surroundings and anticipate potential hazards. Scan ahead for obstacles, vehicles, pedestrians, and changing road conditions. Assume motorists may not see you or yield the right of way. Maintain a safe following distance from other vehicles, and be prepared to react quickly to dangerous situations that may suddenly arise
  • Ride within your limits: Know your skill level and ride at a pace that you are comfortable with. Don’t buy a motorcycle that’s too powerful for you to operate safely
  • Avoid dangerous conditions: Don’t ride when it’s raining or roads are water-covered. Avoid areas with heavy traffic where your chances of encountering a bad driver increase

By following these suggestions and adopting safe riding practices, you may greatly reduce the risks of accidents and enjoy a safer riding experience.

Speak To A Satterley & Kelley, PLLC Motorcycle Accident Lawyer Today

If you or someone you love is injured in a Kentucky motorcycle accident, we want to help you recover the fair and full compensation you deserve.

If you want to speak to an experienced attorney, contact our Louisville office to schedule a free initial consultation. Call us at 502-589-5600 or toll-free at 855-385-9532, or reach us online through our contact form.

Wrongful Death Cases for Family Members of Deceased Mesothelioma Victims

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If your loved one died of mesothelioma, Satterley & Kelley, PLLC can help your family recover compensation for the death of your family member. These lawsuits are a type of personal injury case filed when the injury is fatal. Given how deadly and aggressive mesothelioma is, unfortunately, they’re common for families suffering from the disease’s impact.

Kentucky law states:

“Whenever the death of a person results from an injury inflicted by the negligence or wrongful act of another, damages may be recovered for the death from the person who caused it, or whose agent or servant caused it. If the act was willful or the negligence gross, punitive damages may be recovered. The action shall be prosecuted by the personal representative of the deceased.”

The statute can be broken down into three parts. The “person” causing the injury can be the company or corporation that created, distributed, or sold the asbestos products the deceased used or their employees or agents responsible for the injury.

1. Person’s Death Due to an Injury Caused by Another

The injury must not only be fatal but also caused by negligence or a wrongful act of another (which can be misconduct, gross negligence, or an intentional act).

The elements of a negligence case are:

  • Due to the relationship between the deceased and the defendant (the party sued, and the deceased used the defendant’s product), they owed them a legal obligation or duty to do or not do something given the situation
  • The defendant failed that obligation or breached that duty
  • That failure or breach is the factual and legal (or proximate) cause of the fatal injury
  • The accident caused harm to the deceased and surviving family members
  • Under Kentucky law, the defendant must pay the estate and family members damages

In an asbestos case, the defendant may have knowingly sold a dangerous product without a proper warning or instructions or should’ve never sold it because it was so dangerous. Due to the deceased’s use, he was fatally injured.

Gross negligence goes beyond failing to live up to your legal duties. It can be an unreasonably risky act to others, and the defendant ignored others’ rights to be safe.

2. Damages May Be Recovered From the Person Causing the Death or the Agent or Servant who Caused It. Punitive Damages May Result from Intentional Acts or Those Showing Extreme Indifference to the Safety of Others

In a successful wrongful death case, the damages, or the harm to the plaintiff and their survivors measured in dollars, compensate the estate and the surviving family members for their losses.

Those recovering in a wrongful death claim may receive damages for specific wrongs they suffered due to the wrongful death of a loved one. These include:

  • Lost earnings caused by the deceased’s premature death
  • Funeral expenses
  • Compensation for the deceased’s pain and suffering before death
  • Medical bills incurred before the death related to the asbestos injury
  • Loss of consortium (or the negative impact of a death on relationships) by a minor child or spouse

Kentucky allows for a punitive damages award if an intentional act or gross negligence causes the death. This award isn’t to compensate family members but to punish the defendant for extreme behavior and discourage it and others from taking similar future acts. Asbestos companies found liable for injuries and deaths have been ordered to pay punitive damages in some past cases.

Those getting the damages award after funeral expenses are paid will be in this order:

  • The surviving spouse if there are no surviving children
  • The surviving spouse would get half, and the other half would go to the surviving children
  • The surviving children, if there is no surviving spouse
  • The surviving parent(s), if there is no surviving spouse or child
  • More remote relatives if there is no surviving spouse, child, or parent

Who will get what depends on the closeness of the relationship to the deceased.

3. The Estate’s Personal Representative Files the Legal Action

Close family members benefit from a wrongful death lawsuit, but the plaintiff is the estate’s personal representative. An estate is a legal entity created to pay the deceased’s bills and taxes. The probate court names the personal representative to be responsible for the estate.

Typically, assets left over are distributed according to the person’s will or state law if there is no will. The wrongful death statute spells out who will be awarded wrongful death case damages and under what situation.

We Can Be Your Trusted Wrongful Death and Mesothelioma Lawyer

Satterley & Kelley PLLC lawyers have more than 30 years of experience advocating for family members involved in wrongful death cases. If you lost a loved one, we can help you obtain justice.

To speak with an attorney from our firm in a free initial consultation, call our Louisville office at 502-589-5600 (toll-free at 855-385-9532). You can also reach us online by filling out our contact form.

Veterans’ Benefits for Service-Related Mesothelioma

Veterans’ Benefits for Those With Service-Related Mesothelioma

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If you were exposed to asbestos during your military service and later diagnosed with an asbestos-related disease like mesothelioma, you may qualify for a Veterans’ Administration (VA) disability pension. The VA has a set of rules that apply to veterans who became ill after exposure to toxic substances, which may make it simpler to qualify for benefits.

What are VA Disability Compensation Benefits?

Disability compensation is a tax-free, monthly payment to veterans who became ill or injured during their military service and those whose condition worsened. These benefits cover physical and mental health conditions developed before, during, or after their service, according to the VA.

How Do I Qualify for These Benefits?

You may be eligible if you can establish that you:

  • Have a condition caused by asbestos (such as mesothelioma) and
  • Had contact with asbestos while in the military

Veterans with some medical conditions (including those caused by asbestos) are presumed to have a service-related illness, called presumptive conditions. You need not prove your service caused the condition if you have one. But you must meet the service requirements.

As part of your benefits application, you must submit the following documents:

  • Medical records establishing your health condition
  • Service records showing your job or specialty
  • A doctor’s statement there’s a connection between your health condition and your asbestos contact during your military service

You can file for benefits online, in person, via mail, or by fax.

How Might I Have Been Exposed to Asbestos in the Service?

For many decades, service members were exposed to asbestos in many ways, including when they performed the following jobs:

  • Shipyard work
  • Insulation work
  • Maintenance or demolition of old buildings
  • Carpentry and construction
  • Repair of vehicles, ships, and aircraft
  • Firefighting

Veterans serving overseas during hostilities could’ve been exposed to asbestos if older buildings were damaged or destroyed, releasing asbestos fibers into the air.

How Might Asbestos Injure Me?

Inhaling or swallowing asbestos fibers mainly causes lung conditions, and the membrane surrounding the lungs, heart, abdominal cavity, and organs may become the site of mesothelioma. Conditions include:

  • Asbestosis: Lung tissue scarring that causes breathing problems, usually caused by heavy asbestos exposure
  • Pleural plaques: The scarring in the ribcage’s inner surface and area surrounding the lungs, which may cause breathing problems usually not as severe as asbestosis
  • Cancer: They include lung cancer and mesothelioma

If you’re given a disability rating through the benefit application process, you may also be eligible for VA health care and other benefits. The benefit amount depends on several factors.

Can Family Members of Veterans Who Died of Service-Related Mesothelioma Collect Death Benefits?

If you’re a surviving parent, spouse, or child of a veteran who died from a service-related illness, you may qualify for VA Dependency and Indemnity Compensation, which is a tax-free benefit. The amount depends on your situation.

For a surviving spouse to obtain these benefits, you must show:

  • You lived with the veteran without a break until their death or
  • If you’re separated, you aren’t at fault for the separation

In addition, one of the following must be true:

  • You married the veteran (whose illness started during their service) within 15 years of their discharge
  • You were married for at least one year
  • The two of you had a child

If you remarried, you can receive compensation if one of the following is true and you remarried on or after:

  • December 16, 2003, and you were 57 years old or older at the time
  • January 5, 2021, and you were 55 years old or older at the time

You’ll also need to produce evidence that one of these is true:

  • The veteran died of a service-connected illness or injury
  • They didn’t die of a service-connected illness or injury, but they were eligible to get VA compensation for a service-related total disability for a specific period

Evidence may include military service records, medical test results, and a doctor’s report.

Call Us Today for A Free Consultation

If you or a family member developed mesothelioma or another asbestos-related condition while serving their country in the military, Satterley & Kelley lawyers can respond to your questions, discuss obtaining compensation, and what you should do next. Call our Louisville office at 502-589-5600 or toll-free at 855-385-9532. You may also complete our online contact form to schedule a free initial consultation.

A Clinical Trial May Offer Better Treatment for Mesothelioma

A Clinical Trial May Offer a Better Treatment for Your Mesothelioma

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If you’re diagnosed with mesothelioma, you could consider treatment through a clinical trial. It’s a possible treatment that’s made it through initial testing, and now patients are trying it to determine if it’s safe to use and or how effective it is. You run the risk the outcome may be worse than standard treatment, but it could also be better.

What is Mesothelioma?

Mesothelioma is a rare and fatal cancer that’s caused by asbestos fibers in the body. It develops in the mesothelium, the thin layer of tissue lining many of our internal organs. The most common type, pleural mesothelioma, affects the lining of the lungs. Other types of asbestos-related mesothelioma develop in the linings of the abdomen (peritoneal mesothelioma) and the heart (pericardial mesothelioma).

What is a Clinical Trial?

Clinical trials are research studies testing how well new approaches work in people, according to the National Cancer Institute (NCI).

Why Are There Clinical Trials?

Clinical trials test new methods to discover, prevent, and treat cancer. They can help healthcare professionals improve cancer survivors’ quality of life by testing ways to improve managing mesothelioma and its treatments’ side effects. 

What Types of Clinical Trials Are There?

Most are treatment studies involving cancer patients. These trials test new remedies or new ways to use existing treatments. They can include:

  • Vaccines
  • Drugs
  • Surgery
  • Radiation therapy
  • Combinations of treatments

An increasing area of interest is genetic changes leading to cancer (in mesothelioma, they’re triggered by the presence of asbestos fibers and the immune system’s response to them) and treatments targeting these changes.

Treatment trials attempt to determine the following:

  • If a new treatment is a cure
  • The safe dosage
  • The best way to administer treatment
  • Whether a new treatment results in a longer lifespan than standard treatment
  • Whether tumors shrink or their growth and spread slow
  • The new treatment’s side effects and whether there’s an improved quality of life for patients
  • Whether a new treatment delays the cancer’s return

Clinical trials also cover cancer prevention, screening, and supportive/palliative care. Clinical trials have qualifications that participants must meet. You may need to have a specific type or stage of mesothelioma and have, or not have, a given kind of treatment history.

Should I Join a Clinical Trial?

You should talk to your oncologist about clinical trials. They may know of one that could be good for you. You can also use this NCI web page to find trials that fit your needs. This is a personal decision requiring careful consideration.

Participants may benefit in many ways:

  • Access to potentially better treatment: Clinical trials often offer access to innovative therapies that are unavailable to others. These treatments may be more effective than standard approaches, or they may have fewer side effects
  • Contributing to scientific advancement: You would play a crucial role in advancing mesothelioma research and development. The data collected from trials helps researchers understand the effectiveness and safety of new treatments, paving the way for improved options for future patients
  • Enhanced monitoring and care: Participants usually receive close monitoring and care from a team of healthcare professionals. This may include more frequent check-ups, additional tests, and access to specialists, which can provide improved peace of mind and a sense of control over your treatment
  • Potential for improved outcomes: There are no guarantees, but you may achieve a better personal outcome compared to standard treatments

There are also potential drawbacks:

  • Risks and side effects: The therapy being tested is under investigation, so the risks of using it or its side effects are unknown. You should discuss these issues with the oncologists running the trial so you understand what might happen, so you can make an informed decision on whether to participate or not
  • Effectiveness uncertainty: The new treatment you receive may not be as effective as standard treatments
  • Time commitment: Clinical trials often require more time than standard treatment, including frequent visits, tests, and follow-up procedures
  • Distance: A trial that’s a good match for you may be far from your home. You’ll need to decide if you can handle the travel and the related costs in time and money
  • Cost: The organization sponsoring the clinical trial should pay for this treatment and related care. Health insurance won’t pay for experimental treatments but may pay for some follow-up care. Get a complete understanding of the potential costs and how you can pay for them before consenting to a clinical trial

Before joining a clinical trial, thoroughly discuss it with your oncologist so you know what you’re getting yourself into and make a decision.

If You Have Mesothelioma, Call Us Today for A Free Consultation

If you’re diagnosed with mesothelioma, you may receive compensation from companies whose asbestos products you were exposed to or from trust funds if they’re bankrupt. You can call our Louisville office at 855-385-9532 and write to us using our online contact form to schedule a free initial consultation.

Mental health and mesothelioma

Mental Health and Mesothelioma

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Mesothelioma is a devastating, life-changing condition that can pose unique challenges to the mental health and wellbeing of patients and their families. The psychological and emotional symptoms of mesothelioma are sometimes overshadowed by focus on the physical symptoms. However, it’s important to remember that mental health is an essential part of mesothelioma patients’ overall health and wellbeing, and can significantly affect their prognosis and quality of life. In this article, we’ll delve into mental health for mesothelioma patients, and explore coping strategies for patients and the people who love them.

Mental Health and Mesothelioma: The Basics

People with mesothelioma can experience a wide range of mental health symptoms, which are widely documented in mesothelioma research. Importantly, the psychological effects of mesothelioma may present differently in different people. Mesothelioma patients may also experience different mental health symptoms at different points in time, which can vary in frequency, intensity, and disruption to daily life.

Primary Emotional and Psychological Symptoms:

  • Initial shock and related distress: Being diagnosed with mesothelioma is often itself a psychologically traumatic event. In the immediate aftermath of diagnosis, mesothelioma patients may experience a variety of emotions and psychological states, including:
  • Shock and numbness
  • Denial, disbelief, and confusion
  • Deep sadness and a sense of loss
  • Acute anxiety and panic
  • Anger and a sense of betrayal
  • Guilt and regret 
  • Depression: Once the reality of a mesothelioma diagnosis sets in, it is very common for patients to experience depression or depressive symptoms. This sort of depression is more severe and disruptive to daily life than regular sadness. It may include:
  • Persistent sadness, felt nearly all day every day, for at least two weeks
  • Hopelessness
  • Lack of interest in previously enjoyable activities
  • Restlessness and lack of energy
  • Sleep disturbances (sleeping too much or too little)
  • Anger and irritability
  • Concentration and memory difficulties
  • Appetite changes (especially lack of appetite)
  • Feelings of guilt or worthlessness
  • Preoccupation with death and suicidal thoughts or feelings
  • Anxiety: People with mesothelioma may also experience anxiety and panic.This may be an ongoing, generalized feeling or may be attached to specific triggers (such as attending treatment, thoughts about prognosis, or even something seemingly unrelated). Symptoms may include:
  • Overwhelming worry or fear
  • Tension
  • Difficulty focusing
  • Going over worries in your head over and over (rumination)
  • Anger and irritability
  • Headaches or migraines

Mesothelioma-related anxiety can also cause panic attacks, which are sudden episodes of extreme fear or discomfort, often accompanied by a sense of losing control and of impending doom, as well as physical symptoms that may feel like a heart attack or a serious medical issue (i.e., difficulty breathing, heart pounding or racing, chest pain, trembling or shaking, chills, weakness, dizziness, tingling or numbness, chest pain, nausea, stomach pain, and/or digestive distress).

Social and Relational Effects

  • Social isolation and withdrawal: Many people fighting mesothelioma experience a sense of profound social isolation. Mesothelioma frequently makes it difficult socialize: patients may feel stigmatized or othered, like people can’t relate to what they’re going through, and physical symptoms can make socializing uncomfortable or outright unmanageable. These factors, among others, can cause people with mesothelioma to feel left behind and alienated. Some people with mesothelioma may also self-isolate, appearing apathetic or even hostile to engaging with others.
  • Difficulties in close relationships and family dynamics: Mesothelioma often causes profound disruptions within patients’ families and closest relationships. Often, children or spouses become caretakers, changing their former relationship dynamics, as well as their roles and responsibilities. This can be very difficult for everyone involved. These role changes and disruptions, in addition to the enormous amount of stress experienced by mesothelioma patients and caregivers, can cause adjustment difficulties that often puts strain on their relationships.

Impact of Treatment and Impaired Physical Health on Mental Health

  • Mesothelioma-Based Symptoms: Mesothelioma causes increasingly severe physical symptoms that can have a significant effect on mental health. Tumors and fluid buildup can make it difficult to breathe or move around, making some patients feel trapped and like they’re losing their independence. This, in addition to other symptoms like chronic pain and fatigue, can lead to worsening depression, anxiety, anger, and apprehension about the future, as well as increased social and interpersonal difficulties.
  • Treatment-Based Symptoms: Mesothelioma treatments come with a wide range of potential side effects that can impact psychological health. Chemotherapy, for example, often causes a set of cognitive difficulties referred to as “chemo brain”, which can include cognitive symptoms (such as difficulty with memory and concentration), depression, and severe fatigue, which can be psychological and emotional as well as physical. Worrying about these side effects—as well as the effectiveness of treatments—can also exacerbate stress and anxiety.

Coping Strategies: What to Do About It

While the psychological effects of mesothelioma can be severe and may seem daunting, there is help. There are many coping strategies that mesothelioma patients and their loved ones can utilize to address even the most profound mental health struggles. If you or someone you love has mesothelioma and is struggling with their mental health, consider the following tips:

  1. Seek Professional Mental Healthcare: First thing’s first: if you’re struggling with your mental health, it is essential to reach out to your doctor or your mesothelioma care team. Many people need professional help to treat and care for their mesothelioma-related mental health difficulties. You can ask for a referral from your care team, or can seek out a qualified mental health professional (such as a counselor, social worker, therapist, psychologist, or psychiatrist) yourself. They can evaluate your needs and offer a wide range of therapies, coping skills, and in some cases medications, which can significantly alleviate psychological symptoms. If you are seeking your own therapist, try to find someone who has experience working with cancer patients.
  • Find a support group: As we touched on earlier, mesothelioma patients and their loved ones often feel like they are going through something that no one else can understand, which can be lonely and isolating. Mesothelioma support groups are a very effective way to combat that feeling, allowing you to share experiences, coping mechanisms, resources, and community with a group of other people who know what you are dealing with from personal experience.
  • Take advantage of palliative care. Palliative care refers to treatments and therapies aimed at improving your quality of life and reducing pain and discomfort, which can be a huge support for mesothelioma patients’ mental health. Ask your mesothelioma care team about palliative care resources, especially those aimed at mental health and wellness.
  • Set realistic expectations, don’t suppress your emotions, and be kind to yourself. Mesothelioma patients should remember that they are doing their best in a difficult situation, and should not pressure themselves to be, feel, or act a certain way. Often, frustration and anxiety about one’s mental state can worsen mental health issues, and can lead to guilt or the urge to suppress negative or overwhelming feelings—which generally only serves to worsen mental health. It can be helpful to remind yourself that your feelings and psychological symptoms are not inherently wrong or bad, nor do they reflect poorly on you.
  • Try alternative therapies: There are many alternative therapies (sometimes called holistic or complementary therapies) available to mesothelioma patients. While these therapies are not conventionally medical in nature, some mesothelioma patients find them beneficial to their mental health. Common alternative therapies include:
  • Mindfulness and meditation
  • Yoga, Tai Chi, and Qigong
  • Acupuncture and reflexology
  • Journaling
  • Reiki and energy therapy
  • Herbal medicine and supplements
  • Therapeutic and lymphatic massage
  • Make important medical, legal, and financial decisions as soon as possible. One of the major mental health stressors for mesothelioma patients is uncertainty about the future, some of which stems from having unsettled affairs. It is generally helpful to sit down with medical social workers, attorneys, and financial planners to make big decisions as soon as possible. While this may seem difficult, it is ultimately helpful to get those worries off your plate.
  • Lean into loved ones and community: While it may take some conscious effort, it is important for mesothelioma patients to be able to lean into their communities as much as possible. Reach out to friends and family members and arrange quality time together, and don’t be afraid to be honest about how you are feeling rather than putting on a brave face. Now is the time for good communication and letting people know how you really feel, rather than keeping it all inside.
  • Get as much healthy food, sleep, and exercise as possible. While it may seem cliché, diet and exercise (as well as getting quality sleep) can make a huge difference in the mental health and general wellbeing of mesothelioma patients. You can read more about diet and exercise for mesothelioma.
  • Spend your time on things you enjoy. Mesothelioma patients often feel like their lives revolve around treatment, which can negatively affect their mental health. One way to address this is by consciously filling your time outside of treatment with things you enjoy. If you have hobbies or interests, people you like spending time with, or places you want to go—even if it’s just a favorite park or restaurant—make sure to treat yourself and enjoy your spare time to its fullest whenever you can. Of equal importance is knowing when to rest: it’s okay to say no to things you don’t have the energy or desire to do.
  1.  Seek compensation: Mesothelioma patients and their families often grapple with anxieties about how they will cope with losses and expenses related to mesothelioma—as well as anger and a sense of injustice about being exposed to asbestos. Finding out about your compensation options and starting the process is often deeply alleviating of some of these anxieties and resentments, as patients feel a sense of reassurance that their loved ones will be cared for, and that those who caused their illness will be held responsible.

Are you or a loved one looking for more information about mesothelioma? Call (855) 385-9532 to learn more.

Evolving Mesothelioma Treatments

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Mesothelioma is a fatal cancer caused by asbestos. Several types of the disease impact different types of the body. Mesothelioma is a cancer that isn’t cured, but treatment can extend a person’s lifespan and improve their quality of life, though treatment can take a toll too.

What is Mesothelioma?

Mesothelioma is a disease that causes tumors in the mesothelium, a tissue that lines the cavities that protect and surround certain organs. This tissue forms:

  • The pleura, which is around your lungs.
  • The peritoneum surrounds organs in your abdomen and pelvic area
  • The pericardia that covers your heart

Mesothelioma is considered rare, with about 3,000 to 4,000 new cases in the US annually. About 2,500 of them are malignant pleural mesothelioma. Mesothelioma cases in men outnumber those of women by about a three-to-one margin, according to the Cleveland Clinic.

How is Mesothelioma Treated?

Treatment depends on how the disease presents in the person, their overall health, and the patient’s goals. Standard treatment of pleural mesothelioma is often based on surgery, chemotherapy, and radiation therapy, according to an article in the International Journal of Molecular Science. The chemotherapy combination of pemetrexed and cisplatin became standard treatment in 2004. A combination of ipilimumab and nivolumab was approved by the federal Food and Drug Administration in 2020.

The use of three treatment methods was introduced in the 1990s. The median length of survival after this approach is 20 to 29 months. The surgery involves the removal of the pleura, or if the person is in the early stages of the disease, removing the diseased lung, parts of the pericardium, the diaphragm (the muscle between the abdomen and lungs), and the parietal pleura (the membrane lining the chest).

Surgery is only an option in early disease stages. Advanced disease is normally chemotherapy and supportive care, though immunotherapy (medications that boost your immune response) is also being used.

Advances in Immunotherapy

Our immune system must balance being active enough to destroy harmful elements like tumors, mutated cells, and bacteria while not being so active it acts against healthy tissue.

To prevent an overactive immune system, there are “checkpoints” or proteins on immune cells that must be turned on or off to begin an immune response, according to the American Cancer Society. Cancer cells, including mesothelioma cells, sometimes use this checkpoint system to trick immune cells into not attacking it.

Immunotherapy’s goal is to unleash the immune system on tumors without injuring healthy, functioning parts of the body.

It’s a promising treatment, but there’s a lack of data showing how it impacts overall survival. It’s an important type of cancer treatment that’s often used along with chemotherapy, radiation, and surgery. Immunotherapy has been revolutionary in treating lung cancer and melanoma, where other treatment options are limited. It can be used as an initial treatment or after the first round of treatment fails.

The overall immunotherapy response rate in trials with mesothelioma patients was around 20% to 30%. There are possibly severe side effects of its use, including lung inflammation. Research has shifted to using these drugs to help overcome tumors’ resistance to the immune system’s response to destroy the cancer.

1. Anti-Cancer Vaccines

Immunotherapy can involve the use of vaccines to fight mesothelioma by triggering the body’s immune system. They use a virus to target the tumors. There may also be a “payload” of chemotherapy drugs, and research has found that radiation treatment might be more effective in killing cancer cells when used with an anti-cancer vaccine.\

2. CAR-T Therapy

Another immunotherapy tool is the use of an immune system cell, the chimeric antigen receptor T-cell (CAR-T). CAR-T cells are genetically engineered to recognize cancer cells or a particular molecule on them. When used to treat mesothelioma and other solid tumor cancers, CAR-T cells target the protein mesothelin.

Published studies on medical trials of CAR-T cell therapy for treating mesothelioma show it is safe for patients, but its effectiveness is unknown.

3. Gene and Genetic Therapy

A gene is the basic functional and physical unit of heredity, according to the National Library of Medicine. Genes are made up of deoxyribonucleic acid (DNA). In each cell, the DNA molecule is in thread-like structures called chromosomes.

Some genes are instructions for making proteins, while others are not. Human genes vary in size from a few hundred DNA bases to more than two million. It’s estimated we have between 20,000 and 25,000 genes.

Gene therapy (changing genes) has been investigated on mesothelioma cells and animal models. If chromosomes are rearranged, they can create unique gene connections that can be expressed and potentially result in the creation of several proteins. These proteins can be in tumors and may result in the immune system’s improved ability to destroy the tumors with the help of anti-cancer vaccines.

There is much research on mesothelioma, but the problem is it progresses slower than cancer cells. Those treated now reap the benefit of past research, while future mesothelioma victims should see improvements due to the work being done today.

Call Us Today For A Free Consultation

We are your boots on the ground if you or someone you love in Kentucky has mesothelioma or an asbestos-related illness. You can reach our Louisville office by calling us at 502-589-5600 or toll-free at 855-385-9532. You may also complete our contact form for a free initial consultation.