Category: News

Medical Summary, Medical Chronology, Deposition summaries, Document review

Woman claims lung cancer was caused by asbestos exposure from Alfa Laval, others

BELLEVILLE – A woman who worked at various employers in Illinois over a period of 20 years alleges she was exposed to asbestos ( asbestos exposure).

Marguerite Denson filed a complaint on July 27 in the St. Clair County Circuit Court against Albany International Corp., Alfa Laval Inc., Armstrong International Inc., et al. alleging negligence.

According to the complaint, the plaintiff alleges that at various times during her employment from 1968 to 1988, she was exposed to and inhaled large amounts of asbestos fibers emanating from defendants’ products. On Aug. 22, 2016, the suit states she first became aware that she developed lung cancer, an asbestos-induced disease.

The plaintiff holds Albany International Corp., Alfa Laval Inc., Armstrong International Inc., et al. responsible because the defendants allegedly negligently included asbestos fibers in their products when adequate substitutes were available and failed to provide adequate warnings and instructions concerning the safe methods of working with or around products containing asbestos fibers.

The plaintiff seeks a judgment against defendants of more than $50,000. She is represented by Randy L. Gori and Barry Julian of Gori Julian & Associates PC in Edwardsville.

St. Clair County Circuit Court case number 17-L-404

Medical Summary, Medical Chronology, Deposition summaries, Document review

Yakima jury awards $1.2 million to victim of medical malpractice

Yakima County Superior Court (DONALD W. MEYERS/Yakima Herald-Republic) Buy Now

YAKIMA, Wash. — A Yakima jury last week awarded $1.2 million to a patient in a medical malpractice lawsuit against a local spine surgeon.

The suit against Dr. Michael Thomas, who works for Cascade Neurosurgical Associates, was filed by Emily Daley, 42, after scoliosis surgery in 2011 left her with severe pain and an abnormal spine position.

The surgery, which took place in July 2011, was intended to correct Daley’s chronic back pain from scoliosis. Instead, the lawsuit said Thomas’ substandard care during the surgery and inadequate follow-up care made it worse.

Neither Thomas nor his attorney could be immediately reached for comment Tuesday evening.

Thomas was previously put on probation by the state Department of Health, after he was found to be under the influence of narcotics while performing a neck and spine operation in 2012.

In its verdict last Thursday, a Yakima County Superior Court jury found Thomas was negligent and that his negligence was “a proximate cause of injury” to the plaintiff, according to the court document.

The monetary award was split into $219,052 for past medical expenses and $1 million for non-
economic damages, according to the court document.

Daley filed her suit in Superior Court in June 2015, nearly a year after another spine surgeon operated on her to correct the forward and left lean of her spine that the lawsuit blamed on Thomas’ surgery.

Daley’s attorney, Felix Luna, said in a news release that prior to having her spine fixed, Daley’s pain was sometimes so severe that she passed out, and that it had a severe impact on her life in the three years between the first and final surgeries.

Brendan Hughes, the media contact for the Peterson Wampold Rosato Feldman Luna law firm on this case, said this was the first time in nearly a decade that a Yakima jury found in favor of the plaintiff in a medical malpractice case.

“For some reason, in Yakima they tend to go to the other party — to the defendant, not the plaintiff,” he said. “First time it’s gone to the injured party in a long time, which makes it notable.”

This is not the first time Thomas’ care has been called into question.

When hospital colleagues reported “abnormal behavior” in the operating room during a March 2012 neck and spine surgery, Thomas tested positive for narcotics and benzodiazapines, according to state Department of Health documents.

The patient from that surgery suffered postoperative difficulties, the documents say.

Thomas had filled numerous painkiller prescription in late 2011 and early 2012 after undergoing back surgery himself.

After the operation in which he was removed from surgery, Thomas voluntarily completed inpatient treatment at the Washington Physicians’ Health Program, and then in 2014 reached a probation agreement with the Department of Health whereby he had to submit to random drug tests and be monitored by another physician.

According to the Department of Health website, Thomas’ medical license was last renewed in January 2015. As of January 2016, his credentials are expired.

Medical Summary, Medical Chronology, Deposition summaries, Document review

Medical malpractice claims get more difficult

The state of Kentucky has passed a law that will make filing medical malpractice lawsuits in the area more difficult. Under the new law, all potential malpractice suits must go before a medical review panel before the case can be pursued in court.

The new law covers a huge swathe of healthcare professionals, from physicians and dentists to physical therapists and chiropractors, according to a report by JD Supra. The law aims to quash frivolous or unfair claims against healthcare professionals before they start. The hope is that the resulting reduction in litigation costs will help keep down malpractice insurance premiums, which in turn will hold down healthcare costs.

Under the new law, those wishing to file a medical malpractice suit must first file an administrative complaint with Kentucky’s Cabinet for Health and Family Services, JD Supra reported. That complaint will then be reviewed by a panel consisting of an attorney chairperson and three healthcare providers. The attorney chooses the panel by creating a list of six healthcare providers licensed in Kentucky who work in the same field as the potential defendant. Both the potential plaintiff and the potential defendant choose a provider from the list, and the two chosen choose the third.

Once the panel has been chosen, the plaintiff has 60 days to submit supporting evidence. After that, the defendant has 45 days to submit evidence refuting the claim, JD Supra reported. The panel can then rule in one of three ways: that the defendant failed to act according to the applicable standard of care in the case, and that failure was a “substantial cause” of the plaintiff’s injury; that the defendant failed to act according to the standard of care, but that it wasn’t a substantial cause of the plaintiff’s injury; or that the defendant acted according to the standard of care.

Regardless of the panel’s decision, the plaintiff can choose to pursue a medical malpractice claim, JD Supra reported. However, the panel’s decision can be admitted as expert evidence in a civil trial.


Mesothelioma Victims Center Now Urges Navy Veterans With Mesothelioma Due to Asbestos Exposure in the Gator Navy to Call About Lawyers Who Get Better Compensation Settlements

The Mesothelioma Victims Center says, “The Gator Navy is an integral part of the US Navy because it allows US Marines to get to where they are supposed to be to protect our national interests. Our number one passion is seeing to it that US Navy Veterans or Marine Corps Veterans who were exposed to asbestos on a navy ship and now have mesothelioma receive the very best possible financial compensation.

“The way we help US Navy or Marine Corps Veterans who have been diagnosed with mesothelioma receive the very best possible compensation is we see to it that they have on-the-spot access to the nation’s most skilled and capable mesothelioma attorneys as we would like to discuss anytime at 800-714-0303. The Gator Navy is our navy’s amphibious fleet.” http://MesotheliomaVictimsCenter.Com

“It is well documented that US Navy Veterans were exposed to asbestos prior to the 1990s. However, US Marines are rarely mentioned in conjunction with US Navy Veterans when it comes to asbestos exposure on navy ships. If US Marines were on a navy ship there is a very good chance that they could have been exposed to asbestos. Marines would have typically been in enclosed areas of a navy ship while the ship was underway and if repairs or maintenance was ongoing the Marines would have had exposure to asbestos just like everyone else in that area of the ship.

“Before any US Navy Veteran or US Marine who has been diagnosed with mesothelioma hires a lawyer or law firm to assist with a mesothelioma compensation claim, they are urged to call the Mesothelioma Victims Center at 800-714-0303 for on-the-spot access to some of the most skilled, experienced, and qualified mesothelioma attorneys in the United States. For a mesothelioma compensation claim involving asbestos exposure on a US Navy Ship you want the nation’s most capable attorneys, it’s as simple as that.” http://MesotheliomaVictimsCenter.Com

For more information about the Gator Navy please refer to the Us Navy’s website:

Each year about 3,000 US citizens will be diagnosed with mesothelioma. Mesothelioma is caused by exposure to asbestos. High-risk work groups for exposure to asbestos include US Navy Veterans, power plant workers, shipyard workers, oil refinery workers, steel mill workers, miners, manufacturing workers, pulp or paper mill workers, millwrights, welders, plumbers, electricians, auto mechanics, machinists, construction workers, rail road workers, and firemen. Typically, the exposure to asbestos for these types of workers occurred in the 1950’s, 1960’s, 1970’s, or 1980’s.

The average age for a diagnosed victim of mesothelioma is about 70 years old. Frequently victims of mesothelioma are initially misdiagnosed with pneumonia. http://MesotheliomaVictimsCenter.Com

According to the CDC, the states indicated with the highest incidence of mesothelioma include Maine, Massachusetts, Connecticut, Maryland, New Jersey, Pennsylvania, Ohio, West Virginia, Virginia, Michigan, Illinois, Minnesota, Louisiana, Washington, and Oregon.

However, based on the calls the Mesothelioma Victims Center receives a US Navy Veteran with confirmed mesothelioma could live in any state including New York, Florida, California, Texas, Illinois, Ohio, Iowa, Indiana, North Carolina, Kentucky, Tennessee, Georgia, Alabama, Oklahoma, Arkansas, Kansas, Nebraska, North Dakota, Wyoming, Colorado, New Mexico, Utah, Nevada, Arizona, Idaho, or Alaska.

The Mesothelioma Victims Center says, “As we would like to explain anytime at 800-714-0303 if a person who has been diagnosed with mesothelioma wants the best possible compensation it is vital they have the nation’s most skilled, and experienced mesothelioma lawyers.” http://MesotheliomaVictimsCenter.Com

For more information about mesothelioma please refer to the National Institutes of Health’s web site related to this rare form of cancer:

Media Contact:

Michael Thomas

SOURCE Mesothelioma Victims Center