New episode of Meet the Mesothelioma Experts About Financial Compensation for Mesothelioma

Last week, the Mesothelioma Applied Research Foundation released a new episode of its Meet the Mesothelioma Experts: Legal Edition series discussing financial compensation issues for mesothelioma patients. Featured guest of the program was Joseph Belluck, partner with the Belluck & Fox firm, who was interviewed by the organization’s board of directors’ member, Cheryl Bruner. Mr. Belluck answered a number of questions of interest to those who have just had a mesothelioma diagnosis and their families.

Acting with Urgency

One of the take-home messages is that while a mesothelioma diagnosis requires medical urgency and treatment, so does the legal process. This is due to a number of issues, the statute of limitations being one, but not the only one. As Mr. Belluck states in this program, it is important to file a lawsuit as soon as realistically possible in order to get a place in line, even if later adjustments are necessary. An experienced law firm will know enough information about a case very quickly and will be able to proceed with expedience.

“Usually, right after contact, we file the case, we start working on the bankruptcy trust claims and also starting to work on the lawsuit, which we do in tandem. Typically, the first settlements will come in about 45 – 60 days and the whole case will be completed within 12 months,” said Mr. Belluck in the program.

Mr. Belluck adds that whether a patient chooses to hire his firm or another firm, he still encourages them to make sure to do so quickly for the reasons outlined above.

Watch the video:

00:00 Introduction
1:11 Why Belluck & Fox chooses to sponsor the Meso Foundation and how their mission resonates
6:15 How Belluck & Fox works within the meso community
7:47 Next steps in the legal process after diagnosis
11:05 Litigation timeline after choosing a law firm
14:01 How much time and effort is anticipated to dedicate to litigation
16:14 Options for taking legal action
21:58 Timeline of settlement funds
28:05 How much of a settlement does a patient/family receive
35:37 Advice for future clients in deciding legal action

Compensation Programs for Mesothelioma Patients and their Families

There are several main compensation programs that are typically available to mesothelioma patients. They include simple programs like health insurance, private disability insurance, social security disability benefits, and workers compensation if the person is still employed. Additionally, veterans’ benefits are available for people who served in the military and have a service connection to asbestos exposure. Mesothelioma bankruptcy trusts are another avenue to pursue for compensation. There are about 40-50 individual funds that have been set up by companies that made asbestos products and went into bankruptcy. As part of their bankruptcy reorganization, they set up a fund for their product. And the last option available is to file a lawsuit individually, not a class action, against the companies that made asbestos products that the patient was exposed to.

Mr. Belluck and his law firm offer free consultations by submitting a quick form on the firm’s website at www.belluckfox.com.

Mesothelioma Treatment News: Delivering therapies directly into the pleural space

In a new article published in the medical journal The Lancet (Leveraging the pleural space for anticancer therapies in pleural mesothelioma by Blythe at al., 2024), authors make an argument for renewed focus toward therapies that can be delivered directly into the intrapleural space.

The benefit of such therapies is that by targeting the tumor directly, doctors are able to use higher doses of medication for increased likelihood of success while limiting toxicity to the patient.

Pleural mesothelioma is a cancer of the lining that surrounds the lung, which is called the pleura. So far, most attention has been devoted toward finding systemic treatments that work – a feat that has proven to be quite challenging. Systemic treatments are treatments such as chemotherapy or immunotherapy, which are administered through a vein, that travel throughout the entire body to kill the cancer cells wherever they may be. These treatments are currently the standard of care, but many patients’ tumors still don’t respond to them well. Because most patients’ cancer is quite advanced at diagnosis, this approach is often the only option anyway.

However, some patients receive a very early diagnosis either incidentally, meaning they underwent a surgical procedure for a different issue when mesothelioma was found; or because they presented with fluid buildup in the pleural space (called a pleural effusion) that prompted further testing. Recent staging studies suggest that this population of patients is significantly larger than previously thought and might include anywhere between 15% to 40% of diagnoses. For such patients, benefits of systemic therapies are unclear because studies that led to the FDA approval of chemotherapy and immunotherapy predominantly included unresectable (non-surgical candidates) stage 3 and 4 patients. Typically, early-stage patients are either offered surgery, or watchful waiting. But in the past year, this approach has been further complicated by a somewhat controversial surgical study called MARS 2 which showed limited benefits of surgery in the management of mesothelioma. Therefore, the expectation is that the number of early-stage patients who receive no immediate treatment will increase.

For this reason, the authors suggest that development of studies to test the effectiveness of localized intrapleural treatment is important and feasible and can be performed during the wait period between diagnosis and standard treatment, called window of opportunity.

In its early stages, mesothelioma’s only symptom might be a pleural effusion, either symptomatic or not. If symptomatic, once the effusion is drained, the patient feels better. But as long as mesothelioma is present on the pleura, it is rare for the fluid to stop building up. Currently, there are two ways to manage this problem:

With a procedure called pleurodesis. The purpose of the procedure is to close the space in the pleura where fluid accumulates. This procedure makes the pleural space mostly inaccessible.
By inserting a drain catheter into the pleural space to drain the fluid as it builds up, thus leaving the pleural space accessible.

Critically, administering intrapleural therapy will require access to the pleura, so the initial course of action for palliation of the pleural fluid will need to be reviewed and will require consensus among providers. It is important to note that a previous pleurodesis might not necessarily be a disqualifying factor as long as pleural pockets of air/fluid are still present.

This article is a summary of a research study and does not constitute medical advice.

Thanksgiving: Giving Thanks to all Those in the Mesothelioma Community

Holidays can be challenging when you or a loved one is dealing with a serious medical issue.

Thanksgiving is a day steeped in traditions; A time for turkey, football, family, and all the reasons to give thanks, we share these rituals with family and friends yearly. If this is the first one that you or your loved one are celebrating with a diagnosis of malignant mesothelioma chances are this one is different.

With the new perspective that comes with dealing with a rare cancer, and facing the unknown that is ahead, giving thanks takes on a new meaning. In addition to your usual support systems, this is a time to lean on the community that surrounds and tirelessly advocates for those afflicted with this mostly preventable cancer.

The mesothelioma community is an active group of family members, researchers, advocates, and caregivers all committed to supporting and advocating for patients and their families. From support groups, political activism, and advocates in the medical and legal community, the work moves forward. This small community continues to support and hopefully improve the lives of the victims and their families.

The mesothelioma community has made extensive accomplishments that slowly, and hopefully, will lead to a cure. We are grateful for the teams of researchers who have dedicated their lives to finding treatments for this complex cancer. The team consists of many people that work in behind-the-scenes labs that are required to complete this extensive work. It is not always successful, but they continue tirelessly, as each new day lays the stepping stones leading to a cure. Although the work is necessary and important, it often goes unnoticed. Without their contributions, there can be no new innovative therapies. We applaud and give thanks for their continued work.

Advocates within the mesothelioma community continue to work on behalf of all victims and their families. They have been working for decades now, to place into law, a nationwide ban on asbestos. The goal has never been closer. This could not be made possible without patients and family members who have made this their lives work advocating for a total ban on the leading cause of Malignant Mesothelioma, asbestos. Knowing the devastation that asbestos causes, they continue on so others may not have to suffer the losses they have. We applaud and give thanks for their continued work.

Caregivers of patients with Malignant Mesothelioma are constantly coordinating, researching, and helping the patients on a daily basis. These caregivers consist mostly of unpaid family members who sacrificed their time and energy, often at the cost of their own health. We applaud and give thanks for their continued work.

On this Thanksgiving, we want to take this time to give thanks to all those in the mesothelioma community that continue to support patients and their loved ones.

Happy Thanksgiving!

Resources Available;

www.curemeso.org

www.asbestosdiseaseawareness.org

National Mesothelioma Awareness Day

On Monday September 26, 2022 National Mesothelioma Awareness Day will be celebrated. This is the day set aside to increase awareness of this life threatening cancer.

Established in 2004 in conjunction with the mesothelioma community and the Mesothelioma Applied Research Foundation, the day was started to bring more attention and funding to this rare cancer.

The mesothelioma community is small. With approximately 3,000 people diagnosed a year with Malignant Mesothelioma, it classifies as a rare disease. It has always been challenging to get the word out about the toll that this deadly cancer takes on its victims and families. Persistence and advocacy have been the hallmarks of the community.

Awareness days can serve as a time to do public education about the disease and increase visibility. It can also serve as a day of celebration and pride, a day to remember those who have lost their battle and those that are in the midst of theirs. To celebrate progress and renew our resolve to press on.

Increased awareness can lead to more funding which potentially leads to more research leading to a cure.

The color blue is the color that has come to symbolize meso awareness. This year the mesothelioma community will be lighting up landmarks blue on September 26th. Starting in 2020 with a few places, last year 30 landmarks across the country were lit up, this year at least 40 will be lit. Continued increased community support increasing public education, another example of the community at work.

On September 26th, take the time to tell someone the facts about malignant mesothelioma – the fact that asbestos is the leading cause of this preventable cancer. Thanks to tireless advocates in the mesothelioma community, we are closer to having a ban on asbestos in the United States than ever before. Spread the word that there are promising new treatments that are being trialed. That research has led the way, steady gains are being realized.

The faces of mesothelioma are family members, friends, neighbors, loved ones they all have stories to share. Wear blue and start a conversation about the mesothelioma community, its victims, and the important work that continues to be done.

Flexibility Plays an Important Role in the Mesothelioma Journey

The quality of flexibility is best described as the ability to bend without breaking. Facing challenges either physical or mental throughout life and the ability to adapt to the unexpected requires flexibility.

Everyone’s journey in life and facing death is different. Guiding these uncharted experiences can be very difficult for both the person facing their mortality and the family and loved ones trying to help.

When facing end-of-life patients and families often have different perspectives. The perspectives that they have at the beginning of the journey often change as the journey continues.

Recently a patient was facing the end of his life. He had battled his disease for several years and was ready to stop. His family was supportive of his decision and wanted to follow his wishes. The plan was hospice at home with family members taking turns caring for them. The family was able to see that his wishes were honored but it required flexibility. This sounds logical but when emotions and relationships are involved it is not always easy to navigate.

People plan and expect things to go by plan. Everybody has their own scenarios and plans about what they would like their death to look like. Sometimes these plans need to be adjusted. Like birth when the expectant parents have the birthing plan in place, every scenario is planned for. The unexpected happens and the plan needs to be adjusted. Flexibility plays an important part in that.

Malignant mesothelioma is a disease that challenges people every day beginning at diagnosis. It is a rare disease that charts its course from individual to individual.

When facing the end of life for any disease the plan may have to be adjusted. Any disease or end-of-life issue is never neatly packaged and there are no instructions on how to respond and which way to handle decisions and circumstances that are out of their control.

Remain flexible and adjust your expectations throughout your journey. Treasure every moment of this life. Planning is important but the ability to be flexible and adjust to life-ending moments as we respect the wishes of our loved ones is a success. Although the outcome may not be what you were hoping for and the timing may not be long enough, facing our mortality and those of our loved ones is an important part of life.

Category: Mesothelioma