Pleural mesothelioma is a rare cancer that has been linked to asbestos exposure caused by a victim’s living environment or occupation. The prognosis is dire if pleural mesothelioma is left untreated, but patients have seen their prognosis improve with surgical procedures. It has been suggested that multimodal surgery provides better results, but there has been no study proving this theory. A Surveillance, Epidemiology, and End Results study (SEER study) of 14,228 patients was performed to see if surgery resulted in better survival rates or if other predictors influenced survival rates.
A very important legal issue related to loss of consortium claims in latent injury cases was recently clarified by the 2nd District Court of Appeal in [Vanhooser v. Hennessy Industries Inc.], 2012 DJDAR 7307 (Cal. App. 2nd Dist. June 1, 2012). A three-judge panel unanimously ruled that Sherrell Vanhooser, the wife of a mesothelioma victim, has a valid claim for loss of consortium with her husband even though their marriage took place after the victim was exposed to the substance that ultimately caused her husband’s disease. Mesothelioma is a debilitating, deadly form of cancer caused by asbestos exposure. This is an important ruling that will have far-reaching impact in asbestos litigation, as trial courts across California have been all over the map on this issue. Husbands and wives are greatly impacted when a spouse develops an asbestos-related disease, so this ruling certainly moves them one step closer to justice.
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