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.

Asbestos-Containing Electrical Wires

Asbestos-Containing Electrical Wires

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You may have been exposed to asbestos fibers if you worked with or near asbestos-containing wires. When these wires are installed, cut, disturbed, or removed, fibers may be released into the area where you inhaled or swallowed them. Asbestos-containing wires were commonly used for decades in applications from spacecraft to ovens.

Satterley & Kelley PLLC attorneys can be your boots on the ground if you or a family member has an asbestos-related illness, including mesothelioma. Call our Louisville office at 855-385-9532 to schedule a free initial consultation.

What is Asbestos?

Asbestos is a mineral fiber found in soil and rock. Its strength, fire, and heat resistance made it a popular component in thousands of products over centuries, including construction materials and manufactured goods.

What are Asbestos-Containing Wires?

They are electrical wires containing asbestos insulation. The main reasons companies used asbestos with wiring are its durability and that it resists:

  • Fire
  • Heat
  • Electricity
  • Acid

Wires insulated with asbestos were commonly used in North America from about 1920 to 1988. Asbestos paper, yarn, and tape were used for electrical wiring insulation. It was in higher-voltage AC and DC electrical and low-voltage wiring like telephone cabling.

Where Were Asbestos-Containing Wires Used?

The use of asbestos-containing wires included:

Asbestos-containing wires could be found in homes, factories, foundries, power plants, trains, and aircraft.

Why is Asbestos Dangerous?

Most of those exposed to asbestos fibers get it into their bodies because the fibers are so light they can float in the air for extended periods. Those directly working with asbestos-containing wires may disturb or cut them, releasing fibers into the air. Those in the area may inhale or swallow them.

When you inhale asbestos fibers, they may become trapped in your lungs and remain there for the rest of your life. Over time, fibers accumulate, causing scarring and inflammation, which may affect your breathing and lead to different types of cancer. Ingested asbestos fibers may become lodged in your digestive tract.

Asbestos is classified as a known human carcinogen (a substance causing cancer) by the:

  • US Department of Health and Human Services
  • US Environmental Protection Agency
  • International Agency for Research on Cancer (IARC)

The IARC states there is enough evidence to show that asbestos causes mesothelioma (a rare cancer of the thin membranes lining the chest, lungs, heart, abdomen, and abdominal organs) and cancers of the ovary, lung, and larynx. Asbestos is also linked to increased risks of developing stomach, pharynx, and colorectum cancers.

Asbestos exposure also increases the chances of developing:

  • Asbestosis: An inflammatory lung condition causing coughes, shortness of breath, and permanent lung damage
  • Pleural plaques: Changes to membranes outside the lung
  • Pleural thickening
  • Benign pleural effusions: Fluid collecting between layers of tissue lining the lungs and chest wall cavity

The presence of plaques doesn’t necessarily mean the person will develop lung cancer, but they’re evidence of asbestos exposure, which can cause lung cancer.

What are My Legal Rights If I’m Injured by Asbestos Exposure?

If you have an asbestos-related illness, you may have a legal claim for compensation for the harm you suffered. These conditions may take years or decades to develop after exposure. Each state has a statute of limitations or a deadline for filing a lawsuit. If you don’t file in time, your case will be dismissed.

Kentucky’s statute of limitations is one year, but the state follows what’s known as the discovery rule. This means you have one year from the time you were diagnosed with an asbestos-related disease or when you should’ve known you had one, whichever comes first. When you were exposed isn’t an issue.

A diagnosis’ medical, financial, and emotional impacts may consume your thoughts, time, and energy. Don’t forget to contact our office. After you retain our firm, we can investigate your case, review your medical records, and put your legal claims into motion. The sooner we start working on your case, the better it’ll be for all involved.

Asbestos cases are usually built on different legal theories to convince a jury or judge to order a party to compensate you. These theories include product (or strict) liability, breach of warranty, and negligence:

  • Product liability: The defendant (the party sued) produced, sold, or distributed a product that was dangerous when used for its intended purpose, when used as instructed, and following any warnings
  • Breach of warranty: Products sold may have a written or express warranty, but all come with an unwritten or implied warranty under state law. If a dangerous product injures the buyer or a foreseeable user, it may breach the express warranty covering its quality and the implied warranty because it’s unsafe for its intended use
  • Negligence: You can be successful if you show the harm asbestos caused, the defendant owed you a duty of care (to do something, or refrain from doing something, to keep you safe), they violated that duty, and that’s the factual and legal (or proximate) cause of your asbestos-related disease

All these cases are built on facts, so we must have enough time to investigate and develop the necessary evidence.

The companies that may be defendants are either still in operation and may be sued, or they’ve gone through bankruptcy proceedings. If that’s the case, there’s probably a trust fund paying compensation to those the defendant injured in the past.

Call Satterley & Kelley PLLC For A Free Initial Consultation

If you or a family member has an asbestos-related condition, including mesothelioma, because you worked as an electrician or near them, you may be entitled to compensation for the harm you suffer. Call us toll-free at 855-385-9532 or contact us online to schedule a free initial consultation with a lawyer.

Click here for more information about other products that contain asbestos

Distracted Driver

A Distracted Driver Who Injures You Can Be Held Accountable

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If you’re behind the wheel, you must drive reasonably safely. If you’re distracted and not paying attention, you’re failing that obligation and endangering others. If you cause an accident this way, you may be subject to insurance claims and a civil lawsuit.

Distracted driving comes in many flavors. It can be as simple as turning your head to see what your child is doing in the back seat to engaging in Zoom calls on your smartphone.

What is Distracted Driving?

Distracted driving is an activity diverting your attention away from the primary job of safely operating a vehicle. You may think your brain can multitask, but it can’t. You can only focus on one thing at a time. Anything else occupying you fades into the background. If you try to do multiple things at once, your mental focus will quickly switch back and forth between tasks, not do two things simultaneously.

How Do Distractions Happen?

Distractions can impair your focus on the road and make it difficult or impossible to make timely actions to drive safely. It takes many forms, including:

  • Smartphone use: Talking on the phone, texting, using social media, or browsing the internet while driving are common forms of distraction. Using a smartphone requires visual, manual, and cognitive attention that isn’t being used for driving, making it one of the most dangerous distractions
  • Eating and drinking: Consuming food or beverages while driving can take your eyes off the road and your hands off the wheel, leading to reduced reaction times and impaired driving performance. You’re thinking about what you’re eating or drinking and how to avoid spilling it on yourself, not about driving
  • Grooming: Applying makeup, shaving, or adjusting hair while driving can divert your attention from the road and increase the risk of an accident
  • Adjusting controls: Adjusting your radio, GPS navigation system, climate controls, or mirrors will distract your attention
  • Talking to passengers: Conversing with passengers, especially in a heated or emotional way, will take your focus away from driving safely. You may physically look at the person, not the road, and your brain is engaged in the conversation, not driving
  • Mental distractions: You may have had a tough day at work, you’re having relationship problems, a family member is seriously ill, or what someone told you makes you very angry. Dwelling on these issues and emotions instead of focusing on driving takes your mind off what you need to look for and do to safely operate a vehicle
  • External distractions: Billboards, street signs, scenery, or other vehicles can divert your attention away from the road

You may be more likely to be distracted if you’re bored, tired, sleepy, or intoxicated.

How Can Distracted Driving Cause an Accident?

Here are some ways distracted driving can cause accidents:

  • Reduced awareness: When you’re distracted, your attention is diverted from the road, reducing your awareness of your surroundings. This can cause you to miss important information, like traffic signals, road signs, other vehicles, pedestrians, or obstacles
  • Delayed reaction times: Distracted drivers often react slower because their attention is focused elsewhere. This delayed response, even if it takes a fraction of a second, can be critical in situations needing quick decision-making, such as sudden stops, merging lanes, or avoiding hazards at high speed
  • Impaired judgment: You may underestimate the dangers of a situation or the risks associated with certain maneuvers, leading to poor choices and an increased chance of an accident
  • Lost control: Distracted drivers are more likely to lose control of their vehicles. You may notice a dangerous situation at the last moment, so you brake or steer sharply instead of paying attention and safely avoiding the problem earlier. You may swerve, veer off the road, or collide with other vehicles or objects
  • Failure to maintain a safe distance: When you’re distracted, you don’t fully appreciate the distance between your vehicle and others and whether you’re getting closer or farther away. You may drift into another lane, causing a sideswipe crash, or go off the road completely. You could drift into oncoming traffic and crash head-on with another vehicle. You may also get too close to the one in front of you and cause a rear-end crash

How an accident happens depends on the traffic around the car, how distracted you are, and whether you can recover in time to prevent the accident or lessen its severity.

Is a Distracted Driver Responsible for an Accident?

Responsibility depends on what happened before the accident and what caused it. Distraction may be one of several things the driver did wrong, like speeding and driving while impaired by alcohol or drugs. They may have been distracted during their trip but were fully aware of the situation before the crash.

The bottom line is whether the driver lived up to their obligation to operate their vehicle safely when the crash occurred. If not, because they were distracted and didn’t take the necessary steps to prevent the accident, they caused it, and your injuries, they should compensate you for the harm you suffered as a result.

Speak To A Satterley & Kelley, PLLC Car Accident Attorney Today

If someone else’s negligent actions, like distracted driving, caused injuries to you or a loved one, Satterley & Kelley PLLC lawyers can protect your interests and legal rights to compensation.

Schedule a free initial consultation to discuss your accident by calling our Louisville office at 855-385-9532. If it’s more convenient, you may complete our contact form.

Asbestos Exposure

Asbestos Exposure and Smoking Make Lung Cancer Far More Likely

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Asbestos and tobacco use separately increase your risk of lung cancer, but when a person smokes and has asbestos fibers in their lungs, that risk rises significantly. You may be able to obtain compensation for your asbestos-related lung cancer whether or not you smoked, but it may impact how much you receive.

Research shows that there are risks of lung cancer due to smoking and asbestos exposure. For smokers with asbestos fibers in their lungs, those risks don’t just add up. They multiply, so there’s evidence the toxic impacts of the two don’t act independently. They combine and work together, according to the National Institutes of Health (NIH).

What is Lung Cancer?

Lung cancer is a malignant tumor that blocks the lung’s air passages and can spread to other parts of the body. In the US in 2020, there were 197,453 new lung cancer cases, and 136,084 people died from the disease, according to the federal Centers for Disease Control and Prevention.

What is Asbestos?

Asbestos is the name used for six naturally occurring minerals that can be separated into threads and used in thousands of products. Asbestos fibers are heat, fire, chemical, and electricity-resistant, so they were widely used in many industries.

Asbestos is highly regulated in the US, so there are far fewer asbestos-containing products for sale now than in the 1970s, though many used in the past remain in buildings, vehicles, and ships. Asbestos fibers, after they’re inhaled or ingested, become trapped in the body and, over years or decades, cause many types of cancer, including lung cancer.

How Does Asbestos Cause Lung Cancer?

After asbestos fibers become stuck in lung tissue, the body’s immune system recognizes them as a foreign substance that should be destroyed. White blood cells surround them, but they can’t eliminate the fibers. Instead, the fibers kill these white cells, which causes tissue damage, scarring, and inflammation.

As years or decades pass, chronic inflammation damages lung cells’ deoxyribonucleic acid ((DNA), which acts as cell growth instructions). This results in cell mutations that cause malignant or cancerous cells to develop. Over time, these cells multiply uncontrollably, cause tumors, and spread.

How Does Tobacco Smoke Cause Lung Cancer?

Inhaled tobacco smoke also causes several types of cancers, including lung cancer. Like when asbestos fibers cause it, the process of tobacco-related lung cancer has a cumulative effect over years or decades. The longer and more intensely someone smokes, the greater the risk of cancer development:

  • Tobacco smoke contains more than 7,000 chemicals. More than 70 of them cause cancer (called carcinogens)
  • Carcinogens damage lung cell DNA, causing mutations that disrupt normal cell growth and division, leading to cancer cells rapidly multiplying, leading to tumors, and the spread of the disease
  • DNA changes also disrupt the cells’ natural death process, so these mutant cells survive far longer than healthy ones
  • Tobacco smoke also triggers chronic inflammation in lung cells, which promotes cancer cell development

It’s estimated that tobacco use causes between 80% to 90% of lung cancers in the US.

How Much Greater is the Lung Cancer Risk of Smoking Tobacco and Asbestos Exposure?

The risk increases even with low levels of asbestos fibers in the lungs, and that risk increases as more fibers collect in the lungs, and the person smokes more. Tobacco (especially cigarette) smoke and asbestos interact and cause lung cancer, but how they do so and the strength of the connection isn’t clear. However, the NIH states their effect is synergistic (the combined effect is more than their separate effects put together).

The consensus view among cancer researchers is asbestos and tobacco smoking act together to cause lung cancer, causing a far greater risk than if people were exposed to asbestos or tobacco smoke. A 1979 medical study estimated that:

  • Smoking increases the lung cancer risk by about ten times compared to non-smokers
  • Asbestos increases the risk by about five times compared to those not exposed
  • The two together increase the risk by about 50 times (not 15) compared to nonsmokers not exposed to asbestos

Researchers found that if smokers with asbestos in their lungs stopped smoking, their risk of lung cancer could drop to that of someone just exposed to asbestos.

How Do the Two Work Together to Cause Lung Cancer?

How this works isn’t clear, but the NCI states there are several theories, including that asbestos fibers:

  • Increase the absorption of tobacco carcinogens in lung tissue
  • Reduce lung cells’ ability to remove carcinogens, resulting in more of them staying longer in cells
  • Cause chronic inflammation that drives cancer cell development and spread
  • Increase tobacco carcinogens’ ability to cause cell mutations

Though the mechanism isn’t clearly understood, there’s no doubt the two greatly increase the chances a person will develop lung cancer.

How Will Smoking Impact My Claim for Asbestos-Related Lung Cancer Compensation?

A compensation claim against a former asbestos-containing product manufacturer or seller can use different legal theories: negligence, strict liability, and breach of warranty.

Kentucky is a comparative negligence law state, and that would apply to negligence and strict liability claims. Comparative negligence reduces compensation based on your share of the blame for your injury.

A third theory for liability is breach of warranty, which is a contract claim where the plaintiff claims the product isn’t as safe as the manufacturer promised it to be. The plaintiff bringing the legal action has a legal duty to try to mitigate (or reduce or eliminate) the harm done.

A defendant may argue you’re partially to blame for your lung cancer because you smoked, it worsened the harm, and you didn’t try to mitigate it. If these arguments are successful, they will result in less compensation.

Are you or a loved one looking for more information about asbestos-related lung cancer and your legal options? Call Satterley & Kelley, PLLC at (855) 385-9532 to learn more.

Click here for more information about other products that contain asbestos

American Pickup Trucks Accidents

America’s Pickup Trucks are Big, Popular, and Can Cause Deadly Accidents

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The most popular vehicles in Kentucky and the rest of the US are full-size pickup trucks. The fact they can haul heavy loads over rough terrain isn’t enough. They feed into the American dream of bigger is better. Size comes with many costs, including the fact that without going very quickly, full-size pickups can bludgeon pedestrians to death.

If you or someone close to you is injured because a vehicle struck you as a pedestrian, Satterley & Kelley PLLC lawyers can stand up for your rights. With an office in Louisville, we handle pedestrian accident claims and other personal injury litigation throughout Kentucky. If you want help, call us at 855-385-9532.

How Popular are Full-Size Pickups?

Four full-size pickup trucks were among the ten best-selling new vehicles in 2023, according to Car and Driver, and they were the top three sellers. These ten vehicles sold just over 4 million units, and the pickup trucks accounted for about half of that.

For Kentucky in 2023 up until October, two full-size pickup trucks were the top-selling new vehicles, and three full-size trucks were the three biggest used vehicle sellers, according to Bumper.

How Do People Use Pickups?

Most trips made in pickups have nothing to do with the fact the vehicle has a bed in the back, according to Axios. The Ford F-150 for years has been the top-selling vehicle in the US, with 750,789 units sold in 2023 (about a third more than the number two vehicle, the Chevrolet Silverado).

F-150s are frequently used for shopping or errands (87%), pleasure driving (70%), and commuting (52%), according to F-150 owner survey responses from 2012 to 2021. Almost a third stated they rarely or never used the trucks for personal hauling, and nearly two-thirds said the same about towing something behind the truck.

Why Do People Buy Pickups?

They’re used by businesses, in agriculture, and those involved in outdoor recreation. Increasingly, they’re bought because they fit an image a buyer wants to portray. In surveys of vehicle owners in 2020, 15% described their vehicles as powerful, and 19% stated they were rugged. Forty percent of F-150 owners stated their trucks were powerful, and half called them rugged.

One study of F-150 owners showed almost 40% stated they wanted a functional vehicle in 2011. That dropped by about half to 18% by 2020. Many F-150s are apparently owned by those wanting a powerful, rugged, impractical vehicle.

Why are Pickups Dangerous for Pedestrians?

While full-size pickups have been able to haul and tow generally the same loads over the years, they have ballooned in size. Their average weight increased by 32% from 1990 to 2021. The gross weight of a 2023 F-150 is almost 6,500 pounds. The battery-powered Lightning version tips the scales at 8,250 pounds. The top-selling non-pickup in 2023 is a small SUV, the Toyota RAV4, which weighs about half that.

With more weight comes more force striking pedestrians, increasing the risk of severe and fatal injuries. Trucks’ front ends are larger and more boxy, so a wider area of pedestrians’ bodies absorbs the force.

The front ends of current F-150s are the average height of an American 8-year-old. The average American woman is five feet, four inches tall. If hit by an F-150 head-on, a woman would be struck from about her knees to her chest.

Compared to a popular sedan, the Toyota Camry, a woman of average height would be struck from about her ankles to the top of her legs. In a pedestrian collision, she might roll onto the hood. If hit by an F-150, the front end would directly release the energy of the crash into her body.

Another problem with full-size pickups is the drivers’ sight lines. The vehicle is tall, so drivers sit pretty high up, but the high front ends block their views, so they can’t see what’s directly ahead of them. Consumer Reports stated in 2021 that they measured 15 new vehicles’ front visibility. They found some trucks had front blind spots 11 feet longer than those of some sedans and seven feet longer than many popular SUVs.

The number of pedestrians killed by vehicle accidents nationwide jumped from about 6,300 to 7,500 just from 2018 to 2022, according to the Governors Highway Safety Association.

Several factors contribute to these crashes, but our roads are filled with large, heavy, full-size pickups with tall front ends and poor sight lines, which many own as fashion statements. If you wanted to design a vehicle to injure or kill pedestrians, you’d probably come up with something like a full-size pickup.

Speak To a Kentucky Vehicle Accident Lawyer Today

If you are a pedestrian injured in a collision with a pickup or other vehicle, we are a law firm you can trust to defend your rights and obtain the most compensation possible for your injuries. Put boots on the ground with help from Satterley & Kelley PLLC.

Call 855-385-9532 or complete our contact form today to schedule a free initial consultation at our Louisville office.

Should I Get a Second Opinion

I’m Diagnosed With Mesothelioma. Should I Get a Second Opinion?

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It’s difficult to hear you have mesothelioma, and it may take a while to sink in. After the shock wears off, you must decide on your medical treatment. If you’re dealing with a life-changing diagnosis, getting a second opinion from an oncologist specializing in mesothelioma may be time well spent.

What is a Second Opinion?

It’s the opinion of a physician other than your current one, according to the National Cancer Institute (NCI). The NCI is the federal government’s principal cancer research and training agency. It’s part of the National Institutes of Health, one of 11 Department of Health and Human Services agencies.

This second doctor will review your medical records, may physically examine you, and suggest you should get additional tests, x-rays, or CT scans. The second doctor gives their opinion on your condition, how it should be treated, and answers your questions. They may confirm what you’ve been told, question the first doctor’s diagnosis, or present a different treatment plan with other options.

Why Should I Get a Second Opinion?

The American Cancer Society (ACS) states reasons to get a second opinion include:

  • You want to explore all your options
  • You may think your oncologist underestimates your situation
  • Your oncologist is unsure you have mesothelioma
  • Mesothelioma is a rare and unusual cancer that your oncologist lacks experience treating
  • You believe other treatment options might be available
  • Your oncologist is uncertain about the type or stage of mesothelioma you have
  • They give you limited treatment options
  • You have difficulty understanding and communicating with your oncologist, or you want someone else to explain your options
  • You want to be sure you’re correctly diagnosed and you’re not missing any treatment approaches
  • Your insurance company asks you for a second opinion before treatment starts

There’s nothing wrong with getting a second opinion. It doesn’t make your physician look bad, and you may greatly benefit from another doctor looking at your situation.

Do I Have Enough Time for a Second Opinion?

Mesothelioma specialists are very busy, and it may take some time before you can get an appointment. Depending on your disease’s status, starting treatment soon may be necessary. Usually, patients have some time before treatment must begin, so this shouldn’t be a problem. If it is, discuss this with your oncologist.

Who Should I See for a Second Opinion?

Ask your oncologist who they would see if they were in your situation. Oncologists get to know who in their area treats which cancers and their reputation, so they should answer your question.

If they can’t suggest anyone, you should consider seeing a mesothelioma specialist at the nearest NCI-designated cancer center. The one in Kentucky is the Markey Cancer Center at the University of Kentucky in Lexington.

An NCI-designated cancer center gets the agency’s highest recognition for innovative research and leading-edge treatments. There are 72 such centers in the US.

How Does the Process Work?

Contact your insurance carrier to learn what your policy covers. They may only pay for physicians in their network, they may pay this specialist their standard rate, and you may need to pay what’s left, or this physician will lower their rate and accept the in-network payment rate.

This specialist needs a copy of your medical chart, including any X-rays or scans you received. They may ask for a pathology specimen for a pathologist to confirm the diagnosis. You should ensure they receive the necessary material with enough time for them to review it before they talk to you.

What Should I Do When I Talk to the Specialist?

You’re probably stressed out, so you’re not in great shape to process what you’re being told or the implications. Before you go, write a list of questions and concerns and bring it when you talk to the doctor.

Bring a friend or family member who will take notes and ensure the specialist covers what’s on the list. Afterward, discuss the meeting with your companion to ensure you understand what you’ve been told.

What Should I Do After Getting a Second Opinion?

That depends on what you were told and if there are any questions or issues that need to be resolved. You should discuss the meeting with your oncologist and get their feedback. They should get a report from the specialist you saw.

If that specialist tells you there’s a misdiagnosis and you don’t have mesothelioma, you’ll need a correct diagnosis and a treatment plan for what you have. If the diagnosis is correct and:

  • Your oncologist gave you appropriate options, you should move forward and decide what care you should get
  • You’re given different options than what your oncologist told you. You must decide which one to choose. If your choice is something your oncologist didn’t discuss, you need to find out if they can provide the treatment and, if not, where you can get it

In rare situations, a third opinion may be appropriate. Ideally, whatever you’re told, it’ll put you on a path toward the best mesothelioma treatment possible.

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

The Dangers of Asbestos and the Cover Up

Federal Agency Announces Asbestos Ban

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The Environmental Protection Agency (EPA), through a regulation, seeks to ban asbestos in the US, except for minimal uses. This is based on a federal law passed in 2016. A prior ban was overturned by a legal challenge in 1991. The final regulation was announced on March 18.

Asbestos fibers cause cancers and kill more than 40,000 people in the US annually, according to the Associated Press. When the rule is published, the new EPA rule bans asbestos imports for chlor-alkali (used to purify water).

Prohibiting chlor-alkali use will take five or more years because the agency seeks “a reasonable transition period’’ to a different manufacturing process that doesn’t use asbestos. The chemical industry sought a 15-year grace period.

The US is far behind other nations when it comes to asbestos, which is banned in more than 50 countries. By the 1980s, most products containing asbestos left the US market.

Not an Immediate or Total Ban

A ban on most other asbestos uses will go into effect in two years. Some companies in the US still use asbestos to make chlorine bleach and sodium hydroxide (or caustic soda), which is used for water treatment.

A ban on asbestos-containing oilfield brake blocks, aftermarket vehicle brakes, and linings will go into effect in six months. The EPA rule allows asbestos-containing sheet gaskets to be used until 2037 by the U.S. Department of Energy at their Savannah River Site in South Carolina. It’s meant to ensure the safe disposal of nuclear materials continues on schedule.

EPA Regulation Based on 2016 Federal Law

The final rule is based on a 2016 law overhauling the regulation of thousands of toxic chemicals. It bans chrysotile asbestos, the only type currently used in the US.

The 2016 law updated one passed in 1976, the Toxic Substances Control Act (TSCA). It allows for new EPA rules for thousands of toxic chemicals in everyday products. Known as the Frank Lautenberg Chemical Safety Act, the newer law is intended to clear conflicting state rules covering chemicals.

This would be EPA’s second asbestos ban. In 1989, their efforts were overturned by a 1991 appellate decision weakening the EPA’s ability under TSCA to protect public and worker health.

Asbestos Containing Cement Pipes

Asbestos Containing Cement Pipes That Supply Us Water May Start Falling Apart

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Hundreds of thousands of miles of asbestos cement pipes deliver drinking water to people worldwide. They may or may not be poisoning those who drink from them, but these pipes are starting to degrade and are reaching the end of their lifespan.

The BBC reports that scientists and public health officials are debating whether this poses a health risk and what to do about it.

We Need the Water. We Don’t Need the Asbestos

Asbestos was used with cement to make it stronger, last longer, and resist corrosion. You can find these pipes across the globe since the early 1900s. Many water agencies stopped buying and installing them, but thousands of miles of these pipes are still in use. They have an expected 50 to 70 year lifespan.

How much asbestos water pipe is out there?

  • UK – 23,000 miles of pipe delivering water to 12 million people
  • US – 630,000 miles
  • Australia – 25,000 miles

There’s enough asbestos water pipe in the US to reach the moon and return, plus nearly enough to wrap around the Earth three times.

Do Asbestos-Containing Cement Water Pipes Leach Out Enough Asbestos Fibers to Pose a Public Health Threat?

Over the decades, these pipes can soften when calcium leaches from the cement. A study in Slovenia found that fifty-year-old pipes like these released asbestos fibers into the water, raising concerns of public health workers.

There’s no safe level of asbestos of asbestos exposure, but a strong record of illnesses asbestos in public water supplies hasn’t been determined. The World Health Organization (WHO) doesn’t consider drinking in asbestos fibers a “serious risk to human health.”

Health study results are mixed:

  • Some epidemiological studies show a correlation between contaminated drinking water and cases of gut and stomach cancers
  • Others haven’t found that link
  • Animal studies don’t show definitive evidence asbestos swallowed in water leads to cancer
  • Studies have shown fibers can accumulate in the colon, and there are statistical links between high industrial exposure and colon cancer

Given that hundreds of thousands of miles of potentially toxic water pipes are in use, and they may need to be replaced soon, some researchers have called for additional studies to understand potential threats better.

Asbestos-Containing Water Pipe Removal by the Numbers

The Australian state of Victoria isn’t waiting. It’s home to 70% of the nation’s asbestos cement pipes, which provide water to homes and businesses. Victoria is replacing the pipes, leaving the old pipes buried where they will decompose. This is considered the safest disposal option. 

The Australian Asbestos Safety and Eradication Agency (ASEA) states many asbestos cement water and sewer pipes in the country are reaching the end of their useful lifespans. The estimated cost of replacing or relining the pipes would be equivalent to $6.2 billion over the next 50 years. The United Kingdom’s and Ireland’s cost estimates run from $6 to $10 billion.

One reason for the cost is repairing or removing asbestos cement pipes is considered high-risk work. ASEA guidelines state:

  • Tools or equipment may only be used when they’re enclosed or used in a way that captures asbestos fibers to stop them from becoming airborne
  • Air monitoring may be needed
  • Tools and workers need to be decontaminated immediately after work is performed

A 2020 UK Water Industry Research report estimates that 31,000 miles of asbestos water pipes were installed in Ireland and the UK more than 50 years ago. Most UK water companies state asbestos water pipes were installed from the 1950s to the 1970s.

The UKWIR’s National Failure Database has data on when and how water pipes fail. They state the highest deterioration rate is for pipes installed after 1960. They warn that the rates for bursting pipes are increasing by an average of 28% in each decade.

Need Help With A Lawsuit?

Call us toll-free at 855-385-9532 today, or contact us online to set up a free consultation with a Satterley & Kelley, PLLC lawyer.