Mesothelioma Legal Question: How Long Do I Have to File A Mesothelioma Lawsuit?
As another new year begins and we are all thinking about intentions and resolutions for the coming months, we’d like to add a specific and urgent task to your list: contact a lawyer as soon as possible if you or a loved one has been diagnosed with mesothelioma.
Mesothelioma is an aggressive form of cancer that, once diagnosed, often leaves victims and their families little time to put their affairs in order. Despite the fact that the disease has likely been developing for many years, once you learn that mesothelioma is the cause of the cancer, the clock starts running for you to initiate a potential legal claim.
Nothing can ease the pain of a mesothelioma diagnosis. However, obtaining fair compensation from those responsible for your injuries has the power to ensure your family’s financial security.
The Magic Number: 3 Years (Or More?)
One of Massachusetts’s most frequently asked mesothelioma legal questions is when a lawsuit can be filed. The statute of limitations for personal injury cases in the Commonwealth, including those involving mesothelioma, is three years. This means that you have three years from either 1) the date of your mesothelioma diagnosis, or 2) when you knew or reasonably should have known about the probable link between your diagnosis and prior exposure to asbestos, to file a claim.
It is important that you contact a lawyer as soon as possible after learning you or a loved one has mesothelioma, even if you think you may be outside of the three-year time limit. In certain circumstances, that time frame may have been tolled, or paused, as was the case with the statute of limitations during the COVID-19 pandemic. Your lawyer can tell you if the deadline in your case can be extended past the typical three-year mark. Be sure to contact an attorney intimately familiar with mesothelioma lawsuits in Massachusetts to get the best possible advice for your specific case.
We are happy to provide our honest opinion about whether you have a valid mesothelioma legal claim in Massachusetts, free of charge. Don’t worry if you don’t have your medical records or employment details at hand: we’ll help you obtain whatever documentation we need to build a strong case.
Talk to Your Doctor As Soon As Possible
We recommend talking to your doctor right away if you think you may have been exposed to asbestos at any point during your working years, particularly if you’ve worked in industries such as shipping, plumbing, construction, paper mills and others, or if you are a Veteran. Set up regular monitoring of your lung health, such as annual lung scans or other checks to ensure you spot potential symptoms of mesothelioma as early as possible. We urge you not to ignore the warning signs of mesothelioma which include:
- Shortness of breath
- Difficulty breathing
- Difficulty swallowing
- Chest pains
- Coughing blood
- Loss of appetite
- Sweating (profusely)
- Weight loss
Talk to your doctor right away if you experience any of these symptoms and be sure to let them know about your past asbestos exposure.
Remember: the earlier the diagnosis, the more treatment options may be available to you or your loved one, and the greater the likelihood of recovery.
If you do experience any of these symptoms, or have been recently diagnosed with mesothelioma, we also encourage you to talk to your family about your work history to begin putting the puzzle pieces together about when, where and how you may have been exposed to asbestos. Since the only known cause of this disease is asbestos exposure, it is important to establish and document that history, particularly if you plan to pursue a lawsuit. Let your loved ones know how you may have been exposed to asbestos, what employers you worked for, which job sites you worked at, what equipment you used and who your co-workers were. All of this information will be important to a successful legal claim and the sooner we begin building your case, the greater the likelihood you will be awarded compensation. Read more about what to do if a family member has been diagnosed with mesothelioma.
Think About Possible Secondary Asbestos Exposure
When asbestos dust settles into clothing, furniture, shoes, hair, car upholstery and elsewhere, it can be re-released into the air when disturbed. Because of this, some people have unknowingly exposed loved ones to asbestos at home, even if that loved one has never worked around asbestos themselves. Sadly, a simple welcome-home hug could send fibers into the air to be breathed in by family members.
Unfortunately, this unwitting transfer is the primary method by which many women and children were exposed to asbestos in the early to mid-1900s. We’ve seen first-hand the terrible suffering of one of our clients who developed mesothelioma as a result of doing her husband’s laundry over many years: the asbestos dust embedded in his clothing became dislodged as she handled the items and she then breathed in those toxic fibers. This was a devastating burden to bear for her husband; however, since they were able to put the pieces together of how she developed mesothelioma, they were able to receive substantial compensation for her injuries.
If you or a close family member worked around asbestos during their lifetime and has developed mesothelioma, we encourage you to think about whether you might be able to seek financial compensation for their suffering. Understandably, an overwhelming sense of guilt leads some people into denial, but rest assured, there was no way to know about the dangers of asbestos fibers if the companies didn’t tell you about them.
Companies that knowingly perpetuated the use of this harmful material for decades after it was known to be dangerous should be held accountable. It was their responsibility to warn purchasers and users about the true hazards, and to list the precautions that should be taken to fully protect against exposure to asbestos from their products. They didn’t and allowed hundreds of thousands of people to suffer.
Time Is Of The Essence
Many mesothelioma victims are successfully filing lawsuits in Massachusetts to get the compensation they deserve. However, in order to recover maximum financial awards for your asbestos-related injuries, it is important to file a claim as quickly as possible to ensure that your claim falls within the three-year statute of limitations, and that we have time to gather the evidence we need regarding your work history and potential exposure.
Call us today if you think you might have a mesothelioma legal claim and we will help you navigate the process. At Shepard O’Donnell, we have helped hundreds of individuals and their families get justice for their injuries, regularly obtaining settlements and verdicts in the millions. We are happy to offer you a free case evaluation and will tell you honestly if we think you have a viable claim.
Avoiding Asbestos in Hidden Holiday Hazards
The holidays can be a time of contrasts: chaos and contemplation, stress and relaxation, consumption and giving, excess for some and scarcity for others.
In the spirit of balance, we at Shepard O’Donnell want to wish you the happiest of holidays and also warn you of some of the hidden dangers that can be lurking where you least expect them.
You might not be surprised that we urge caution when taking decorations out of your great-grandmother’s attic: older attics may still contain asbestos insulation and rustling around up there can disturb fibers and dust that you might then bring down into your living space.
But you may be quite surprised to learn that asbestos might be hiding in some of the vintage wine you are saving for a special occasion! While it’s now illegal, asbestos was used in wine filtration systems across the industry up to the 1970s. Experts say that asbestos fibers are less likely to be found in finer, more expensive wines and that it is relatively rare that you still find wine contaminated with asbestos today.
Although many of the following items no longer pose an imminent threat, we wanted to share a few holiday-related products in which you might find lingering asbestos:
Fake Snow
The ideal of a “white Christmas” has been around for decades, popularized by countless movies and songs, and many people wanted to bring that beauty inside. White asbestos, or chrysotile, has a fluffy texture and was once sold as fake snow. People could buy packs of chrysotile, marketed under names like Snow Drift and Pure White, to create festive snowy scenes at home! Unbelievably, the company that made these products advertised them as “safe snow for holiday decorations,” and many people used it to create wintery scenes or flock the Christmas tree.
Sadly, even Hollywood fell for this misguided advice: The classic film, The Wizard of Oz, used 100% asbestos for the snow that rained down on Dorothy and her friends, and others like Holiday Inn and It’s a Wonderful Life also used it for their snow scenes.
Vintage Ornaments
Vintage ornaments and other decorations that have a look of frost or snow were probably also made from asbestos. If you’ve inherited decorations from older relatives or purchased them at an antique store, check closely for that telltale dusting of white.
Model Train Sets
The “snow” was also commonly thrown around toy train sets that circled the Christmas tree or even in the elaborate model railway layouts that may have been set up in your grandfather’s basement. Some modelers also used powdered asbestos, dyed green, as ground cover and it was also often found in plaster.
Old Holiday Lights
Because asbestos was prized for its fire-resistant qualities, old string lights and wires were often insulated with this material. Be very careful when handling these items, especially if you notice any damage.
Artificial Fireplace Ash
Artificial ash made out of asbestos was often used in private homes to create a fake glow in artificial fireplaces before it was banned in 1977. Needless to say, this ash was readily breathed in and posed a real danger to people looking to create a warm ambience during the cold winter months.
Household Fabrics
Again, the fire-resistant properties of asbestos made it “ideal” for fabrics that might potentially catch fire during normal use, such as oven mitts, tablecloths, mats, and even Christmas tree skirts. Many such products manufactured in the early part of the 20th century were made with asbestos.
Children’s Pajamas
In a misguided attempt to keep children safe, clothing manufacturers made kid’s pajamas with flame-retardant materials containing asbestos. These were not banned until the 1970s!
Older Household Appliances
Crock pots, toasters, ovens, irons, coffee pots, bottle warmers, popcorn poppers, hair dryers and more used asbestos as insulating material, either to keep their outsides cool, their contents warm, or to insulate their wires. Today, these products don’t pose too much exposure risk to users unless they have damage.
Curtains
Asbestos curtains first became popular in movie theaters, where the large stage curtain was at risk of catching fire due to the close proximity of hot stage lights. Asbestos curtains were also marketed to homeowners for their fire-resistance and sound insulation benefits and could be found in luxury homes built before 1980.
Books
The binding of some old books, even those bound as late as the mid 1900s, have been found to contain asbestos. Most famously, the first editions of Fahrenheit 451 by Ray Bradbury (a novel in which books were banned and any that were found were burned) were released with fire-proof asbestos binding.
Crayons
As late as 2015, Disney- and Nickelodeon-branded crayons depicting Mickey Mouse, Teenage Mutant Ninja Turtles and Power Rangers, were found to contain traces of asbestos. Manufactured in China, these crayons were ultimately recalled and most were disposed of professionally.
Modeling Clay
A Milton Bradley product called Fibro-Clay was a powdery substance used to make paper mache. This product was found to contain asbestos and wasn’t recalled by the Consumer Product Safety Commission until 1983.
Toy “CSI” Crime Scene Kits
These popular toys, based on the ubiquitous TV shows of the same name and sold at Toys ‘R’ Us and other common retailers, were found to contain asbestos in the fingerprinting powder. When dusting for prints and blowing the dust away, children could inhale enough asbestos to cause cancer later in life, according to an Environmental Working Group report in 2007.
Children’s Makeup
Cosmetics and other personal products made with talc are gaining notoriety because talc is frequently contaminated with asbestos fibers. Especially troubling is that asbestos has been found in children’s makeup, including eye shadows and powders, sold by Claire’s and Justice stores as recently as 2020.
Model Airplane Heat Guns
T/F Monokote heat guns used by model airplane hobbyists contained asbestos in the heat shields, and asbestos fibers were released with each use. This product was recalled by the Consumer Product Safety Commission in 1980.
At Shepard O’Donnell, we wish everyone to enjoy a safe and happy holiday season, free from hazards and harm.
My Parent Has Been Diagnosed With Mesothelioma. What Do I Do Now?
Practical Answers To Common Questions
Learning that your father, mother, or any family member, has been diagnosed with mesothelioma is devastating, made more so by the fact that it is a preventable disease for which there are few treatment options. In addition to shock, confusion and sadness, you are probably wondering how to deal with this new reality going forward while ensuring your loved one gets the best care and support possible.
While some questions are best answered in the doctor’s office, others are not and you may be at a loss to know what to do next. At Shepard O’Donnell, we have worked with many families in your situation and can offer some guidance about the weeks and months ahead. While preparing hundreds of successful mesothelioma lawsuits, we often act as a resource for our clients and offer support whenever we can.
Here are some of the most common questions we are asked:
Q: Can I Get Financial Help To Pay The Bills?
A: Investigate All Options, Including Filing A Lawsuit.
As a first step, educate yourself about all available programs and assistance, including VA benefits if your parent qualifies, and start the application process. This disease often requires aggressive intervention in the form of surgery, radiation, and/or chemotherapy and your parent will need care and support to help him or her through. While cost might not initially be your main concern, the bills will soon start adding up.
Insurance and other benefits may only cover a portion of your medical bills. We encourage you to contact a local attorney or firm, such as Shepard O’Donnell, to determine if you have a potential mesothelioma legal case.
Q: How Can I Help Build A Legal Case?
A: Talk To Your Parents About Their Work History Now.
We understand that your priority is educating yourself about the disease and treatment plan, but we also urge you to talk to your parent about how he or she might have developed mesothelioma. Since the only known cause of the disease is asbestos exposure, it is important to establish how and when that exposure occurred, particularly if you plan to pursue a lawsuit.
We encourage our clients to talk to their parents about their work history as soon as possible; unfortunately, once diagnosed, this disease progresses relatively quickly, and treatment and medications can impact memory and the ability to communicate later on. Ask questions about whether they remember working with asbestos, what employers they worked for, which job sites they worked at, what equipment or tools they may have used, who their co-workers were and whether they have contact information for anyone associated with that job. To successfully pursue compensation from companies that willfully ignored the dangers of asbestos, you will need to provide as much specific information as possible about your parent’s exposure. (If your parent is a military veteran, you can reassure him or her that we will not pursue damages from the military, rather, we seek compensation from the manufacturers of the asbestos-containing products themselves.)
Q: What Other Documents Should I Look For?
A: Gather Together All Important Information To See If Anything Is Missing.
In addition to collecting information about your parent’s detailed work history, there are a number of other documents you should start compiling and/or preparing. For example, does your parent have a current will and/or a living will? A designated health care proxy? Are bank accounts in both parents’ names? Is the house in both names? Unfortunately, the prognosis for this disease is often poor and having important documents at hand when you need them will ensure things run smoothly and quickly later on. Other paperwork to locate includes health and life insurance policies, banking information, social security information, and military records. Often overlooked, but also important, are passwords and PIN numbers for various accounts, and contact information for friends and family. Call us and we can help with these important documents.
Q: Do I Need to Worry About Getting Mesothelioma Myself?
A: Probably Not.
You may be wondering if you yourself should be concerned about developing this disease. There is no genetic or hereditary component to mesothelioma since it develops solely as a result of asbestos exposure. That said, there have been many cases in which individuals who were exposed at work unknowingly brought asbestos back into the home. While workers who have been in close contact with asbestos are at the highest risk, it is critical to let your doctor know as early as possible if there’s even a small chance you may have been exposed to asbestos. If you aren’t currently experiencing any symptoms, but are concerned about possible past exposure, ask your doctor to set up regular monitoring. However, keep in mind that not everyone who has been exposed to asbestos will get mesothelioma or other cancers.
If you or a loved one does develop mesothelioma through asbestos brought into the home, you too could have a case. For example, we were able to secure a significant settlement for a client who developed mesothelioma as a result of laundering the clothing of her husband, who worked at a facility that coated and cut asbestos paper for use in making gaskets.
Q: What Can I Do To Support Both My Parents?
A: Sometimes Little Things Go A Long Way.
Talk to the doctor to see how you and your family can keep your loved one as healthy and strong as possible, for as long as possible. This includes providing balanced meals to maintain a healthy weight so they are better able to tolerate treatment. The American Cancer Society has useful information about the importance of good nutrition during treatment. If preparing meals seems like a daunting task, there are several meal delivery services available in Massachusetts, including Community Servings whose mission it is to actively engage the community to provide medically tailored, nutritious, scratch-made meals to chronically and critically ill individuals and their families. We have also developed some recipes for healthy and nourishing smoothies that our clients enjoy.
Practical actions such as decluttering the house or bringing items necessary for daily living – including hobbies and diversions – onto one level, will be helpful in the long run. Identifying which supports may be required in the future and whether hospice or palliative care might be required are some things you can look into now to ensure peace of mind later. If possible, prepare for the future together so you can understand your parent’s goals and wishes for the end of life. Also, understand that each person’s stress, anxiety, and fear will manifest in different ways: some people retreat into themselves, some lash out. Remember not to take potential bad behavior personally.
While this is certainly a serious time, allow your parents permission to be happy during the last months. If they’re up for it, plan fun events and allow some time to laugh and enjoy life together.
Q: How Am I Going to Manage It All?
A: Be Sure To Take Care of Yourself, Too.
After the initial shock of the diagnosis, you are probably wondering what this means for your daily life. Your days are likely already full with work and other obligations such as driving the kids to practice, managing your own household and upholding various commitments. How will you find the time to deal with everything that needs to be done?
Talk to your employer about whether you qualify for some time off under the Family Medical Leave Act, or FMLA, to give you some breathing room. Above all, we urge you and all family members to take care of themselves: eat right, try to fit in some physical activity every day, get good quality sleep, and perhaps start a meditation or mindfulness practice. Don’t be afraid to ask for help from friends or extended family and consider joining a support group for mesothelioma victims, such as these in-person and virtual options offered through Brigham and Women’s Hospital in Boston. Or contact us and ask us to connect you with family members of mesothelioma victims that you can talk to about tips for coping with this difficult situation.
We Are On Your Side
You and your family are undoubtedly experiencing emotional stress and trauma as you deal with this painful time in your lives. Make sure you find an attorney for whom you are not just a number on a spreadsheet or a docket. We are responsive, compassionate, and sincere. If you have any other questions, we are ready to help you find answers.
At Shepard O’Donnell, we have helped hundreds of individuals and their families get justice for their injuries, regularly obtaining settlements and verdicts in the millions. We are happy to offer you a free case evaluation and will tell you honestly if we think you have a viable claim. Read more about the importance of hiring a local attorney.
How Can Veterans With Mesothelioma Seek Financial Help?
Nearly one-third of all mesothelioma victims in America are veterans, most of whom served in the United States Navy. This heartbreaking statistic is a reality we wrestle with daily. Until the mid-1970s, almost all ships built by the Navy were constructed with materials that contained asbestos–the inhaled fibers of which cause mesothelioma. The closed environment of the ship meant that almost all personnel were in close contact with airborne asbestos particles. Those who served in the Army, Marine Corps, Air Force, Merchant Marines, and Army National Guard also may have been exposed since asbestos was regularly used in the construction and operation of military bases and facilities.
These brave men and women fought for our country and dedicated their service to protecting our freedoms in times of crisis. It is unconscionable that they were routinely exposed to harmful levels of asbestos during the course of their service. If you or someone you know is a veteran diagnosed with mesothelioma, they deserve compensation to help them through this very difficult diagnosis.
There are two main avenues through which veterans can pursue financial help: government benefits and legal claims, and we encourage you to explore both options.
Department of Veterans Affairs (VA) Benefits
The Department of Veterans Affairs is one of the most valuable organizations for veterans diagnosed with mesothelioma. Military service members diagnosed with this disease who can directly tie their diagnosis to their service may be eligible for VA disability compensation, VA pension, VA healthcare, and a number of other benefits. Once diagnosed, we recommend submitting a claim as soon as possible. You can do this yourself, either in person or online, or with the help of a VA Environmental Health Coordinator who can walk you through the claim process and help you gather the evidence you need.
This evidence typically includes supporting documents such as VA medical records and hospital records, private medical records and hospital reports, military service records, and possible supporting statements from family members, friends, or people you served with. You will also need a doctor’s statement linking your mesothelioma diagnosis to your military service. Generally, if you can provide sufficient proof that your mesothelioma is related to your time in the service, you will be granted benefits. While historically this has been easiest for Navy personnel, Army, Air Force, or Marine veterans may still be able to link their diagnosis to their service.
Read more about how to file a VA disability claim, or watch the VA’s disability claims video on YouTube.
Legal Claims Against Asbestos Manufacturers
Following a mesothelioma diagnosis, medical bills can start adding up quickly and insurance and other benefits may not cover the mounting costs. Veterans across Massachusetts who have been diagnosed with mesothelioma deserve compensation for their suffering. Regardless of whether you have begun a claim or currently receive VA benefits, we encourage you to explore the possibility of a legal claim against asbestos manufacturers, which, if successful, can lead to significant financial payouts for you and your family.
The standard of proof required for a successful lawsuit, however, is considerably higher than it is to receive VA benefits. Much more detail is required to fight a case in the courtroom, including proof that specific products were used and specific timelines of exposure. While it may seem daunting to try to pull these pieces together yourself, an experienced mesothelioma lawyer who has won cases for veterans in the past, will know exactly what to look for and understand the legal strategies required to win your case. They will work closely with you and your family to identify the dangerous products you may have worked with and the manufacturers and/or asbestos trust funds that have already been forced to pay compensation to veterans. Typical products that caused asbestos exposure in veterans include:
- boilers
- pumps
- valves
- pipes
- main propulsion turbines
- ship service generators
- galley equipment
- laundry equipment
- deck coverings
- protective equipment
- and more.
Don’t miss out on the compensation you and your family deserve. If you think you might have a mesothelioma case in Massachusetts, we encourage you to reach out to Shepard O’Donnell for a free consultation during which we will evaluate your case and determine if you have a viable claim. We have helped hundreds of individuals and families get justice for their injuries, regularly obtaining settlements and verdicts in the millions. And you will never pay unless we deliver results for you. Read more about the importance of hiring a local law firm for your mesothelioma case.
Note: We pursue compensation from the manufacturers of the asbestos-containing products that injured our veterans, not from the government or the military.
Shepard O’Donnell Named a Top-Tier Personal Injury Law Firm by Best Lawyers® “Best Law Firms” 2024
Shepard O’Donnell, one of the top asbestos personal injury law firms in Massachusetts for 25 years, received top-tier designation in the Best Lawyers® “Best Law Firms” 2024 edition. The firm was ranked “Tier 1” in personal injury litigation and was highly rated in mass tort litigation and class actions. Law firms included in the “Best Law Firms” rankings are recognized for professional excellence and consistently strong ratings from clients and peers. Below are the firm’s complete rankings.
Metropolitan Tier 1 (Boston)
- Personal Injury Litigation – Plaintiffs
Metropolitan Tier 3 (Boston)
- Mass Tort Litigation / Class Actions – Plaintiffs
The Best Lawyers “Best Law Firms” rankings are determined by an exhaustive evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field and review of additional information provided by law firms as part of the formal submission process. To be eligible for a ranking in a particular practice area and metro region, a law firm must have at least one lawyer included in Best Lawyers in that particular practice area and metro. Three Shepard O’Donnell attorneys were recognized in The Best Lawyers in America® 2024 edition.
Three Shepard O’Donnell Attorneys Recognized in the 2023 Edition of Massachusetts Super Lawyers
Shepard O’Donnell, one of the top asbestos personal injury law firms in Massachusetts for 25 years, announces that three of its attorneys were selected for inclusion in the 2023 edition of Massachusetts Super Lawyers, with two included on the Super Lawyers list and one on the Rising Stars list.
Founder Michael Shepard and Co-Managing Partner Erika O’Donnell were recognized on the 2023 Massachusetts Super Lawyers list in the Personal Injury – Products: Plaintiff practice area.
Partner Michael McCann was recognized on the 2023 Massachusetts Rising Stars list in the personal Injury – Products: Plaintiff practice area. The Rising Star designation recognizes lawyers under the age of 40 years old or those in practice for less than ten years. Each year, no more than 2.5% of lawyers in each state are selected for inclusion on the Rising Star list.
Super Lawyers is a research-driven, peer-influenced rating service for lawyers who have attained a high degree of peer recognition and professional achievement. The mission of Super Lawyers is to bring visibility to attorneys who exhibit excellence in practice. The selection process, as detailed on the Super Lawyers website, is multi-phased and includes independent research, peer nominations and evaluations that identify a high degree of peer recognition and professional achievement.
Plaintiffs Liaison Counsel
What is it and why does it matter?
The roles of Plaintiffs’ Liaison Counsel and Defendants’ Liaison Counsel have existed in the Massachusetts State Court Asbestos Litigation Docket for over 30 years. The Plaintiffs’ Liaison Counsel, sometimes called Lead Plaintiffs’ Counsel or Lead Counsel, helps determine what cases get trial dates, ensures the Judge has everything needed to get cases through the system, and liaises with defense counsel.
Roles and responsibilities
The attorneys appointed to serve as Plaintiffs’ Liaison Counsel by the Court are responsible for working with the Court and the Special Master on global docket management issues, including establishing and implementing pre-trial orders, setting cases on yearly trial lists, communicating the Court’s directions to the many litigants on the Plaintiff and Defense side, and managing the needs, expectations, and complaints of the lawyers who practice in the Asbestos Docket. In short, Plaintiffs’ Liaison Counsel is responsible—especially post-covid—for managing the backlog of cases and ensuring that things run smoothly.
Why it’s important
The Plaintiffs’ Liaison Counsel is crucial to the management of the Massachusetts Asbestos Litigation docket and is a central player in the organization and timeliness of the docket. They communicate on behalf of plaintiffs and coordinate all necessary discovery requests, motions, and subpoenas on a case. In a case such as a class action, this plays an important role in keeping the Plaintiffs and appropriate parties organized and on schedule. The Plaintiffs’ Liaison Counsel also manages the complexity of collaborating with the Defendants’ Liaison Counsel and works to find common ground to keep the docket on track.
How Plaintiffs’ Liaison Counsel is selected
The Plaintiffs’ Liaison Counsel can be court-appointed or selected by the plaintiffs. In many cases, each court or docket has appointed a Lead Counsel who should be available in the event of a case where they are needed. Typically, the attorney appointed is committed to their cases and the local and national court systems.
Benefits to our clients
Shepard O’Donnell team members have held the role of Plaintiffs’ Liaison Counsel for the Massachusetts Asbestos Litigation docket since 2017, positioning the firm as a leader in asbestos litigation in Massachusetts. Knowing that someone on your side will be there to represent the case within the court system should serve as peace-of-mind.
Mike Shepard – 2017-2022
Erika O’Donnell – 2022-present
Erika O’Donnell Receives 2023 “Top Women of Law” Honor
Shepard O’Donnell, one of the top asbestos personal injury law firms in Massachusetts for 25 years, announces that Co-Managing Partner Erika O’Donnell has been named to the 2023 Massachusetts Lawyers Weekly “Top Women of Law” list. This highly competitive honor celebrates the exceptional accomplishments of women attorneys as leaders, educators and mentors. The award also recognizes attorneys for their pro bono, social justice, advocacy and business efforts.
O’Donnell’s practice focuses on asbestos litigation, management of the firm, and more recently, her position as Plaintiffs’ Liaison Counsel in the Massachusetts Asbestos Litigation (MAL) docket. Throughout her nearly 20-year career, she has achieved numerous multi-million-dollar settlements and verdicts in cases involving mesothelioma, lung cancer and other asbestos-related diseases, smoking-related cancers and pharmaceutical drugs and devices. Additionally, O’Donnell is a role model and mentor to other attorneys and paralegals at the firm. In recognition of her many contributions, O’Donnell was named co-managing partner in 2023, and the firm rebranded to Shepard O’Donnell.
“Erika has been an instrumental component of our success, and I can’t think of anyone more deserving of this prestigious honor,” said Founder Michael Shepard. “For the many years I have known her, Erika takes initiative and dives into the complexity of asbestos and toxic tort litigation without hesitation, all while mentoring the next generation of legal professionals. She is everything you want a personal injury lawyer and a partner to be. Congratulations on this amazing achievement!”
As an active member of the Boston legal community, O’Donnell is a member of the Massachusetts Bar Association, the Worcester Bar Association, the Massachusetts Academy of Trial Attorneys and the American Association for Justice. O’Donnell is a founding member of a prestigious national group of female toxic-tort litigators, Women of PALS. In addition to her recognition as a “Top Women of Law,” she has been recognized by Massachusetts Super Lawyers and The Best Lawyers in America.
Massachusetts Lawyers Weekly reports decisions issued by all the state and federal courts in Massachusetts, as well as changes to court rules, verdict and settlement reports, bar-discipline notices, and all other news vital to attorneys in the commonwealth. It also covers hundreds of rulings from state and federal trial courts in Massachusetts.
Why You Need Legal Advice When Diagnosed With Mesothelioma
MESO Series: Part III
Why You Need Legal Advice When Diagnosed With Mesothelioma
We’ve said it before and we’ll say it again: The fact that mesothelioma patients and their families have had to endure pain and suffering, both financial and emotional, as a result of the callous actions of manufacturers of asbestos-containing products is unconscionable. Companies that knowingly perpetuated the use of this harmful material for decades after it was known to be dangerous should be held accountable. Today, many victims are successfully filing lawsuits in Massachusetts to get the compensation they deserve.
Following a mesothelioma diagnosis, medical bills can start adding up quickly. From initial doctor consultations, to chemotherapy or radiation, to surgery and at-home care, even the best insurance won’t cover the mounting costs. You and your family deserve the peace of mind that comes with knowing an experienced attorney is on your side and will fight for your right to financial compensation to secure your family’s future.
Mesothelioma law firms typically offer a free consultation to discuss a potential case and most firms will only require a fee or out-of-pocket expenses once they win. Legal proceedings will not affect your medical care, insurance, or benefits like Social Security, Medicare, disability, veterans benefits, or retirement.
There is no downside to seeking legal advice and there may well be a significant financial upside.
Whom To Contact for Help
Almost 2,000 mesothelioma lawsuits were filed nationwide in 2022 against a broad range of manufacturers of asbestos-containing products. Although many corporate entities have since declared bankruptcy to avoid paying for their actions, an estimated $30 billion is available from asbestos trust funds that have been established to help compensate victims.
If you were exposed to asbestos during the course of your employment – including service in the U.S. military – and have since developed mesothelioma, we encourage you to contact a mesothelioma lawyer as soon as possible to determine whether or not you are eligible for compensation. If you are a U.S. mIlitary veteran with mesothelioma, you may also be eligible for VA benefit programs and we encourage you to reach out to your local VA for assistance.
How to Choose the Right Law Firm
Before deciding which firm to choose to represent you in your mesothelioma lawsuit, you should do some research to maximize your potential compensation. These types of cases are highly specialized and only a few legal professionals in the Commonwealth of Massachusetts have experience with mesothelioma lawsuits.
As we outlined in a previous post, there are a number of questions you should ask before hiring a lawyer to defend your rights in a Massachusetts mesothelioma case:
- Do they understand Massachusetts law?
- Do they know all potential defendants to include in your suit?
- Have they tried a case exactly like yours before?
- Are they part of the local legal community?
- Do they have “boots on the ground” in MA?
- Are they personally available to you and your family?
- Who will pay for their travel costs (especially if they are out of state)?
- Do they truly care about you and your family?
- Do they win?
Learn about the answers you should be looking for and why local experience matters most when hiring a mesothelioma litigation firm in Massachusetts in our blog post here.
Don’t Miss Out On The Compensation You Deserve
The litigation process can be intimidating and confusing. At Shepard O’Donnell, we take the time to explain the process from beginning to end, setting realistic expectations and timelines. If you are unable to come to our offices due to health or other reasons, we will come to you to listen to your story (even if you live in another state) and tell you honestly if we think you have a viable claim. We want you to be comfortable with the process and learn enough about it so you aren’t surprised by the many steps involved. The legal process does not have to take over your daily life. Our attorneys work diligently in the background, dealing with all the hassles of the litigation process so you don’t have to, allowing you to concentrate on what’s most important—your health and your family.
If you think you might have a mesothelioma case in Massachusetts, we encourage you to reach out to Shepard O’Donnell. We have helped hundreds of individuals and families obtain justice for their injuries, regularly obtaining settlements and verdicts in the millions. And you will never pay unless we deliver results for you.
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Mesothelioma Diagnosis, Prognosis, and Treatment Options
MESO Series: Part II
Diagnosis, Prognosis, and Treatment Options
The typical mesothelioma patient is a man around retirement age with a blue-collar or military background. The relatively advanced age of patients is due to the long latency period of this disease, which typically manifests between 20-50 years after exposure to asbestos. Cruelly, it is just as workers are set to enjoy their retirement years, that they are diagnosed with mesothelioma. While workers who have been in close contact with asbestos are at the highest risk, family members can also be at risk via exposure to fibers brought home on the clothing of the primary individual.
If you or someone you know has experienced any of the symptoms outlined in our previous post, we encourage you to seek medical attention right away. It is critical to let your doctor know as early as possible if there’s even a small chance you may have been exposed to asbestos during your working years. If you aren’t currently experiencing any symptoms, but are concerned about possible past exposure, ask your doctor to set up regular monitoring. However, keep in mind that not everyone who has been exposed to asbestos will get mesothelioma or other cancers.
How Do You Diagnose Mesothelioma?
Mesothelioma can be difficult to diagnose because it often looks like other types of cancer, or even benign illnesses such as pneumonia, flu, or intestinal issues. Your doctor will likely use a variety of diagnostic tools, including a physical exam, blood and tissue tests, x-rays and other imaging scans, and biopsies to determine whether or not mesothelioma is present. If mesothelioma is diagnosed, these tests also help determine how far it has progressed and whether it has spread to other parts of the body. The cancer can spread via tissue, the lymph system, or the blood.
The process used to find out if cancer has spread outside the pleura (lungs) or peritoneum (abdomen) is called staging. As with other cancers, there are four stages of the disease. Doctors will ask questions such as: How far has cancer spread in the pleura? Has it spread into other nearby pleura or structures? Can it be removed with surgery? Has the cancer spread to nearby lymph nodes? Has the cancer spread to distant organs, like the bones, liver, lungs, or pleura (lining of the lung) on the other side of the body, or the peritoneum (lining of the abdomen)?
Depending on the answers, pleural mesothelioma, for example, can be divided into four stages:
- Stage 1: Cancer is only in the pleura. At this stage, you may be a candidate for treatments like surgery to remove the cancer.
- Stage 2: Cancer may have spread beyond your pleura, but it’s still near the original site. At this stage, surgery plus chemotherapy or radiation may be indicated.
- Stage 3: Cancer has spread to nearby organs and lymph nodes. A cancer at this stage likely requires aggressive treatment and includes a combination of treatment approaches.
- Stage 4: Cancer has spread to other organs, or metastasized. Aggressive treatment and possibly palliative care is recommended at this stage of the disease.
It is important to know what stage the cancer is in order to plan the correct treatment. For a more detailed breakdown of each stage of pleural mesothelioma, please view the outline on cancer.gov. If you are facing a positive mesothelioma diagnosis, we encourage you to get a second opinion to be certain that your symptoms are indeed associated with mesothelioma.
What Is The Prognosis for Mesothelioma?
According to the National Cancer Institute, the prognosis and treatment options for mesothelioma depends on a number of factors, including the stage of the cancer, the size of the tumor, the patient’s age and activity level, as well as his or her general health, including lung and heart health.
Mesothelioma has historically had a poor prognosis, and the current life expectancy of a patient diagnosed with the disease, with treatment, is around 18-36 months. Treatment for early-stage disease with surgery and radiation can extend a patient’s life expectancy, but many patients either are too ill to undergo aggressive surgery or present with advanced disease. Palliative care remains an important component of the management of this devastating illness.
However, there is some good news. Early detection, advancements in treatment options, as well as new, targeted treatments are cause for optimism, with many patients outliving their prognosis by years.
What Are The Treatment Options for Mesothelioma?
If you have been diagnosed with mesothelioma, you will work closely with a specialist to develop a treatment plan specific to your situation. It is very important to establish strong relationships with a team of experts able to provide support and guidance in all aspects of the management of mesothelioma.
As mentioned, there are four stages of meso with progressively aggressive treatment options, including:
- Surgery
- Radiation
- Chemotherapy
- Immunotherapy
- Targeted therapy
For some patients, taking part in a clinical trial may be the best treatment choice. Clinical trials are part of the cancer research process. Clinical trials are done to find out if new cancer treatments are safe and effective or better than the standard treatment. Detailed information on each of these treatment options is available at cancer.gov. It is important to discuss all available options with your doctor to be sure you’re getting the right treatment for your particular disease.
We are not medical experts and urge you to speak with your doctor or specialist regarding your diagnosis and potential treatment options. Over decades of successfully fighting for financial compensation for mesothelioma victims, we have worked with many excellent specialists in this field and are happy to provide you with a list of local mesothelioma medical experts.
Contact Us For Help
You and your family are undoubtedly experiencing emotional stress and trauma as you deal with this painful time in your lives. Make sure you find an attorney for whom you are not just a number on a spreadsheet or a docket. We are responsive, compassionate, and sincere.
If you think you might have a mesothelioma legal case in Massachusetts, we encourage you to reach out to us. We have helped hundreds of individuals and families get justice for their injuries, regularly obtaining settlements and verdicts in the millions. We are happy to offer you a free case evaluation. If you like, we will come to your house to listen to your story and will tell you honestly if we think you have a viable claim.
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For more information on mesothelioma and its various treatment options, including some new targeted therapies, please read Mesothelioma: a Review by Frank E. Mott, MD, FACP on the National Library of Medicine website.
Detailed stages:
[from https://www.cancer.gov/types/mesothelioma/patient/mesothelioma-treatment-pdq#_50]
For more on the stages: https://www.cancer.org/cancer/types/malignant-mesothelioma/detection-diagnosis-staging/staging.html
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5571821/
https://my.clevelandclinic.org/health/diseases/15044-pleural-mesothelioma