Reforming mesothelioma claims

Overview

This is a consultation on a package of reforms to the procedures governing mesothelioma claims in England and Wales. 

Mesothelioma is an aggressive and, sadly, terminal occupational disease.  Approximately 2,200 people currently die in England and Wales each year from this terrible condition, with sufferers having a median life expectancy of only 7 to 9 months from diagnosis.  Despite this, around 50% of claims for compensation for mesothelioma take over 12 months to settle, which means that sufferers may die before their claims are paid out.  The proposals in this consultation seek to increase the speed and improve the efficiency of the claims process so that compensation can be paid as soon as possible.

The consultation is aimed at people and organisations with an interest in the mesothelioma claims process in England and Wales. We welcome responses to the questions set out in this consultation paper and any other comments you may have.

Please note:

We may allow a short extension to the closing date but only on a case-by-case basis and where there is sufficient justification for the late response. However any extension must be cleared with us in advance of the consultation closing date.

Results

There were 105 stakeholder responses received to the 'Reforming mesothelioma claims' consultation.  Following careful consideration of these responses, Shailesh Vara MP, Minister for Courts and Legal Aid, issued a Written Ministerial Statement on 4 December 2013 annoucing the Government's decisions following the consultation. 

The Government has decided to apply sections 44 and 46 of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012  (the LASPO reforms) to diffuse mesothelioma cases, as for all other personal injury cases.  We have declined to take forward a dedicated Mesothelioma Pre-Action Protocol supported by a fixed recoverable costs regime and electronic Secure Mesothelioma Claims Gateway as they currently stand on the grounds that there is not a strong enough case that they will meet the Government’s declared aim of ensuring that mesothelioma compensation claims are settled fairly, where necessary, quickly.

This document provides a summary of responses, conclusions and next steps and contains the report under Section 48 of the LASPO Act 2012.

Mesothelioma Claim

What is Mesothelioma? 
  Introduction to Mesothelioma
Types of Mesothelioma
  Pleural Mesothelioma and Peritoneal Mesothelioma
How is Mesothelioma Contracted?
  Causes of Mesothelioma
Workers most at risk from developing Mesothelioma
  Professions where asbestos was commonplace
What is asbestos?
  How asbestos was used
Examples of Mesothelioma Compensation Claims we have dealt with
  Successful Mesothelioma Compensation Claims dealt with by Thompsons
Symptoms of Mesothelioma
  Seeking Medical help
Mesothelioma Compensation Claim Advice
  Thompsons Solicitors and Mesothelioma Claims

What is Mesothelioma?

Introduction to Mesothelioma

Mesothelioma is a type of cancer which is caused by exposure to asbestos and is most commonly contracted due to exposure to asbestos at work.  Mesothelioma is often known by the term 'Meso', a shortened version of the full name.

The name 'Mesothelioma' comes from the fact that the cells affected by this cancer are the mesothelial cells which cover the outer surface of the body's internal organs.  Mesothelioma can be found on the lungs, the heart or the abdomen.

Unfortunately, there is no cure for mesothelioma and after diagnosis victims may only have a short time to live.  It will usually be investigated whether surgery, chemotherapy and radiotherapy would be worthwhile; however, mesothelioma is considered to be a terminal illness.

If you have contracted mesothelioma, you may be entitled to make a mesothelioma claim and should consult a mesothelioma solicitor.

Types of Mesothelioma

Pleural Mesothelioma and Peritoneal Mesothelioma

There are two main types of mesothelioma, called Pleural Mesothelioma and Peritoneal Mesothelioma.

Pleural Mesothelioma

Pleural Mesothelioma is the most common and is caused by inhaling asbestos fibres into the lungs. A tumour forms on the lining (pleura) of the lungs, which makes breathing difficult and painful.  The majority of mesothelioma claims we deal with are for Pleural Mesothelioma.

Peritoneal Mesothelioma

Peritoneal Mesothelioma is less common but is also caused by exposure to asbestos. A tumour then develops on the lining of the abdomen (peritoneum) which prevents it from working properly to lubricate the organs inside the abdomen.  Although Peritoneal Mesothelioma is less common we have still dealt with mesothelioma claims for this disease.

How is Mesothelioma Contracted?

Causes of Mesothelioma

Mesothelioma is caused by breathing in asbestos dust. Mesothelioma affects approximately four times as many men as women. This is because in most cases the exposure to asbestos occurred at work in places such as shipyards, building sites, power stations, railway workshops and other factories where predominantly men were employed decades ago.

Unlike other asbestos related conditions, mesothelioma can develop even after exposure to relatively low levels of asbestos or where the exposure took place over a relatively short period of time.

Many women who have developed mesothelioma have contracted it after contact with the work clothes and overalls belonging to their male relatives although some were directly exposed at work or by living close by to a factory which released asbestos fibres into the surrounding environment.

Workers most at risk from developing Mesothelioma

Professions where asbestos was commonplace

At Thompsons Solicitors, we have helped many victims of asbestos to make mesothelioma claims.  Due to the fact that we have dealt with so many of these mesothelioma claims we have seen a pattern develop showing the workers most at risk from developing mesothelioma and some of these are listed below.

Boilermakers and Laggers - It was commonplace for boilers to be insulated with asbestos lagging. Boilermakers also work alongside the contractors (laggers) who install and renew asbestos boiler insulation. This type of work has put boilermakers and laggers at a particularly high risk of developing mesothelioma.

Electricians - are at risk of developing mesothelioma because they also worked alongside laggers. Electricians also often have to cut or drill through asbestos insulation to install cable trays, instruments, switches and wiring systems.

Joiners and Carpenters and Builders - are also at risk of developing mesothelioma as a result of sawing, drilling and fixing or replacing asbestos cement board often used in partition walls, suspended ceilings, flooring, roof tiles and thermal insulation.

Motor Mechanics - may have been exposed to asbestos as it was frequently used in brake pads and clutches.  This has put some Motor Mechanics at risk of developing mesothelioma.

Pipe Fitters and Plumbers - install, maintain and repair pipes, boilers and heating systems. The nature of their work means that they have to cut or drill through walls as well as cutting and assembling sections of pipe, removing and replacing damaged sections of pipe, valve and flanges etc. All of these tasks put them at risk of developing mesothelioma as pipes frequently used to be covered with asbestos lagging. As the pipes were cut, fibres from the asbestos lagging were released into the air and inhaled by the pipefitter or plumber.

Victims of mesothelioma are certainly not limited to the professions mentioned above. Our specialist mesothelioma solicitors / lawyers have helped victims of this asbestos related disease with their mesothelioma claims who have worked in many other professions including fire fighters, teachers, police officers, managers and a professor.

What is asbestos?

How asbestos was used

Asbestos is a naturally occurring mineral and its name is derived from a Greek word meaning inextinguishable.  It was mined and used by the Ancient Greeks and the Romans then became increasingly popular during the 19th century.

Due to its resistance to heat, electricity and chemical damage, together with its ability to absorb sound, asbestos was commonly used by the building trade as an additive to cement, by the car industry as brake shoes and in the engineering industry as a lagging for pipes and boilers.

Asbestos was used heavily after the Second World War in 1945 and was not completely banned from use in the UK until 1999.

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Examples of Mesothelioma Compensation Claims we have dealt with

Successful Mesothelioma Compensation Claims dealt with by Thompsons

Over the years, Thompsons Solicitors have successfully recovered compensation for many thousands of mesothelioma sufferers and their families.

Below you will find links to a few of some of the most recent mesothelioma claims we have dealt with.

4th March 2014 - Family of deceased engineer receive compensation following asbestos exposure
18th December 2013 - Retired fire-fighter compensated for asbestos cancer
27th November 2013 - Widow appeals for information about husband’s asbestos death
11th November 2013 - Hindley Green neighbourhood asbestos pollution victim compensated
25th September 2013 - Asbestos disease victim compensated by former employers
15th August 2013 - Family of Bristol woman launch appeal for information about her death
17th July 2013 - Family of Aylesford father who died six days after diagnosis appeal for information
12th July 2013 - Family of Tyneside shipyard worker compensated after mesothelioma death
11th July 2013 - Widow’s appeal to husband’s former work colleagues
5th July 2013 - Thompsons Solicitors Industrial disease specialists support Action Mesothelioma Day
13th June 2013 - Close friends of Wonford Hospital worker launch appeal for answers into asbestos death
12th June 2013 - Boiler manufacturer in hot water as ex-employee is diagnosed with fatal cancer
30th May 2013 - Family’s search for fatal cancer victim’s former work colleagues
23rd May 2013 - Plumber compensated for cancer by three former employers
22nd May 2013 - Mesothelioma Bill: no act of benevolence, says Northern TUC Asbestos Support and Campaign Group
17th May 2013 - Mesothelioma Bill no act of benevolence
10th May 2013 - Daughter of asbestos victim seeks answers into premature death
2nd May 2013 - Family call for information to help explain asbestos death

We also often receive letters of thanks from clients we have helped with mesothelioma claims or their families.  Extracts from just a couple of these letters received recently are below:

Kept fully informed at every step of the procedure - Sent to Lorna Webster

 "Having recently had my compensation claim settled and concluded by Thompsons Solicitors and in particular Lorna Webster and her team, I wish to complement them on their efficiency and professionalism.  From the very first meeting with Lorna Webster to the last I have been kept fully informed at every step of the procedure, all my queries answered and every avenue examined. I cannot praise enough the total professionalism and compassion shown by Lorna Webster in dealing with my claim and of her vast knowledge and experience in the field of asbestos."

We were truly blessed to have you working on our father's case - Sent to Joanne Candlish

"How can we begin to thank you for all you have done?  Not only have you had to work through a mountain of paperwork, attend numerous meetings and endless court appearances, you have also found the time to support me and consider my personal beliefs.  You have listened to me and never judged.  It takes someone with extra special qualities to do what you did on our behalf and I'm sure Thompsons Solicitors are extremely proud to have you on their side.  We were truly blessed to have you working on our father's case.  As you know, my father had his own words to express his thanks.  This is what he would have said to you and meant it "Much Obliged, Thank You and God Bless You". 

If you are considering making a claim for mesothelioma compensation, contact us for expert and confidential legal advice.  You can reach us on 08000 224 224 or by completing one of our online personal injury compensation claim forms.

Symptoms of Mesothelioma

Seeking Medical help

Mesothelioma can develop between 15 and 40 years or more after an exposure to asbestos.  If you have been exposed to asbestos in the past and you start to suffer from any of the following symptoms you should visit your GP and mention your concerns:

• Pains in the lower back, abdomen or chest
• A persistent cough
• Breathing difficulties, shortness of breath or a feeling of tightness in the chest
• Rapid weight loss
• Problems with appetite or difficulty swallowing
• Sweating, fevers, diarrhoea or constipation
• Nausea or vomiting
• Swelling of the abdomen

Some people with mesothelioma have no symptoms at all in the early stages; therefore, if you know that you have been exposed to asbestos in the past and believe it may be the cause of your symptoms, it is always a good idea to visit a doctor for medical advice. Any damage caused by asbestos may be possible to detect with a scan or x-ray.

For more information about mesothelioma, read our mesothelioma leaflet.

Thompsons Solicitors have also written an information page with advice for people who have recently been exposed to asbestos but have not been diagnosed with a related illness. 

Mesothelioma Compensation Claim Advice

Thompsons Solicitors and Mesothelioma Claims

If you or someone you know has developed mesothelioma or any other asbestos related disease, telephone us now for accurate and expert compensation claim advice.

Thompsons Solicitors have a history of fighting for the rights of all workers and in particular for those who have been negligently exposed to asbestos by their employers.  We won the first ever successful compensation claim in the UK for asbestos related disease in 1972. We have been involved in numerous campaigns to ensure that victims of asbestos receive the medical care and compensation they are entitled to.

When a person with mesothelioma, or their family, claims compensation a claim can also be
made for the cost of the care provided by the hospice. Read how mesothelioma patients could help the hospice. Click on the following link to view as a PDF.

There are strict time limits in place to make any injury claim.  For further information, contact us or visit our Questions Answered page.

Thompsons Solicitors are experts in all personal injury matters and have teams of specialist mesothelioma solicitors / lawyers. We will be able to advise you whether or not you have a valid claim for mesothelioma compensation. Our specialist personal injury lawyers will be happy to talk you through the process of making a claim in plain English and will be happy to answer any questions or queries you may have. Telephone us now on 08000 224 224 or complete one of our online personal injury compensation claim forms.

Mesothelial cells

Contents  [hide]  1 Introduction 2 Mesothelial cellular proliferation 2.1 Inflammatory response 2.2 Neoplasm 3 References

Introduction

Mesothelial cells are a specialised type of epithelium which make up the mesothelium which lines all serosal surfaces.

They have microvilli on their luminal surface and the proteins and serosal fluid trapped by these provide a frictionless surface for internal organs to slide past one another. Their high fibrinolytic activity protects against the formation of adhesions.

They are very fragile cells which are frequently seen in smears following centesis or pleural cavities. However they regenerate very quickly.

Mesothelial cellular proliferation

Inflammatory response

Mesothelial cells may proliferate in response to irritation or an inflammatory disease at the mucosal surface. This may be due to fluid-accumulation in the peritoneal cavity following an effusion or due to a space-occupying mass like a tumour or intestinal enlargement.

Cytologically, these cells have typical morphological features of round, mononuclear to binuclear cells present individually or in small cohesive clusters.

Marked mesothelial cellular hyperplasia may have marked cellular pleomorphism and multiple strong nuclear criteria for malignancy. It may be impossible to distinguish reactive mesothelial cells from a neoplastic process. This is why the mesothelial cell population should always be considered in relation to the other types of cell in the sample. If the process is predominantly inflammatory, criteria for malignancy may be tolerated. However if the inflammation is minor and there are many mesothelial cells, one should strongly consider a malignant process.

Ancillary diagnostics such as imaging and biopsy of the lesion should always be considered.

Neoplasm

Mesotheliomas are malignant neoplasms which can arise from the pericardial, thoracic or abdominal pleural surfaces in all domestic animals.

References

Morrison, W. (2002) Cancer in dogs and cats Teton NewMedia

Meuten, D. (2002) Tumors in domestic animals Wiley-Blackwell

Slatter, D. (2002) Textbook of small animal surgery Elsevier Health Sciences

Human Mesothelial Cells

Mesothelial cells play pivotal roles in ovarian cancer metastasis, peritoneal dialysis, surgical adhesions, inflammatory response, and metabolic disease. These specialized epithelial cells form a single cell layer with a critical barrier function and provide a frictionless surface for organs and tissue to move without damage. We isolate peritoneal mesothelial cells from omental tissue biopsies with minimal propagation. Mesothelial cells are available either cryopreserved or in culture. Ready to use medium is also available for use with our mesothelial cells.   Human mesothelial cells in culture Ordering Information: Human Cryopreserved Mesothelial Cells Item BMI Cat # Price Cryopreserved Human Adult Mesothelial Cells, 1 million cells/vial Varies MES-F $459.00 Cryopreserved Human Adult Mesothelial Cells, SUPERLOT, 1 million cells/vial Varies MES-F-SL $459.00 Cryopreserved Human Adult Mesothelial Cells, DIABETIC Donor, 1 million cells/vial Varies DMES-F $894.00 Mesothelial Cell Growth Medium 500 ml MSO-1 $102.00 Mesothelial Cell Basal Medium 500 ml MSB-1 $83.00 Mesothelial Cell Freeze Medium 100 ml MCM-100 $139.00 ** ZenBio is currently looking for research partners to further develop specific projects involving our Mesothelial Cells. For a confidential discussion, please Contact Us Human Adult Mesothelial Care Manual Contact Us For More Information. A comprehensive list of products and prices can be found at Retail Prices(.PDF). Recent Publications: View .PDF Overexpression of SOCS3 exhibits preclinical antitumor activity against malignant pleural mesothelioma. Iwahori, K., Serada, S., Fujimoto, M., Nomura, S., Osaki, T., Lee, C. M., Mizuguchi, H., Takahashi, T., Ripley, B., Okumura, M., Kawase, I., Kishimoto, T. and Naka, T. (2011), International Journal of Cancer, 129: n/a. doi: 10.1002/ijc.25716 Complete regression of human malignant mesothelioma xenografts following local injection of midkine promoter-driven oncolytic adenovirus. Kubo, S., Kawasaki, Y., Yamaoka, N., Tagawa, M., Kasahara, N., Terada, N. and Okamura, H. (2010), The Journal of Gene Medicine, 12: 681-692. doi: 10.1002/jgm.1486.

Mesothelial cells defintion,structure and functioning

Mesothelial cells are a monolayer of specialized cells which are lined within the body’s internal organs and serous cavities. Initially, this layer was thought to be a simple tissue that had the role of providing a protective surface that facilitated movement. However with the accumulation of information over the years, these cells which make up the mesothelium tissue are now recognized as part of a dynamic cellular membrane with multiple functions.

 The main function of the mesothelium tissue is to provide a non-adhesive, protective and slippery surface. The cells therefore function as sentinel cells which sense and respond to different signals within the microenvironment. When stimulated, they secrete glycosaminoglycan’s fluids which allow the visceral serosa and parietal membranes to slide over each other.

The cells transport fluids and food substances between the serosal cavities and across the serosal membranes. In response to different mediators, they also respond to external signals, this plays an important role in the regulation of immune, inflammatory and tissue repair responses.

The mesothelium cells is different from other epithelial surfaces since healing appears diversely across the shed surface, while in the true epithelial surface, healing would occur only at the sheet of cells and within the wound edges forming up as sheet of cells. Recent studies of the cells have also led to more understanding of the cell functions e.g. the mesothelial regeneration.

Injury of the mesothelium tissue triggers several events that lead to migration of mesothelial cells. The cells move from the lesion edge to the wound center, within the wound center, the cells then move to the serosal fluid that attaches and icorporates regeneration of the new mesothelium. If healing is compromised, adhesions of fibrous serosal form between the body organs and the body wall, this hinders important abdominal movement. Further neoplastic transformation of the mesothelial cells will give rise to an aggressive tumour known as malignant mesothelioma. This tumour is also closely associated with asbestos but recent studies have shown other factors such as simian virus.

Mesothielial cell

Abstract

Mesothelial cells form a monolayer of specialised pavement-like cells that line the body’s serous cavities and internal organs. The primary function of this layer, termed the mesothelium, is to provide a slippery, non-adhesive and protective surface. However, mesothelial cells play other pivotal roles involving transport of fluid and cells across the serosal cavities, antigen presentation, inflammation and tissue repair, coagulation and fibrinolysis and tumour cell adhesion. Injury to the mesothelium triggers events leading to the migration of mesothelial cells from the edge of the lesion towards the wound centre and desquamation of cells into the serosal fluid which attach and incorporate into the regenerating mesothelium. If healing is impaired, fibrous serosal adhesions form between organs and the body wall which impede vital intrathoracic and abdominal movement. Neoplastic transformation of mesothelial cells gives rise to malignant mesothelioma, an aggressive tumour predominantly of the pleura. Although closely associated with exposure to asbestos, recent studies have implicated other factors including simian virus 40 (SV40) in its pathogenesis.
Cell facts

1.

Mesothelial cells are derived from the mesoderm but express both mesenchymal and epithelial cell intermediate filaments.

2.

Mesothelial cells form a monolayer (mesothelium) lining the serosal cavities (pleural, pericardial and peritoneal) and the organs contained within these cavities.

3.

The mesothelium is a slowly renewing tissue with 0.16–0.5% of cells undergoing mitosis at any one time.

4.

The primary function of the mesothelium is as a protective non-adhesive surface but it is also involved in transport of solutes and cells across serosal cavities, antigen presentation, inflammation and tissue repair, coagulation and fibrinolysis and tumour cell adhesion.

5.

Mesothelial regeneration involves migration of cells from the wound edge and attachment and incorporation of free-floating mesothelial cells from the serosal fluid onto the wound surface.

6.

Impaired healing and cell transformation lead to the formation of serosal adhesions and malignant mesothelioma, respectively.

Keywords

• Serosa; 
• Inflammation; 
• Tissue repair; 
• Fibrinolysis; 
• Adhesions; 
• Malignant mesothelioma

Mesothelial cells: their structure, function and role in serosal repair.

The mesothelium is composed of an extensive monolayer of specialized cells (mesothelial cells) that line the body's serous cavities and internal organs. Traditionally, this layer was thought to be a simple tissue with the sole function of providing a slippery, non-adhesive and protective surface to facilitate intracoelomic movement. However, with the gradual accumulation of information about serosal tissues over the years, the mesothelium is now recognized as a dynamic cellular membrane with many important functions. These include transport and movement of fluid and particulate matter across the serosal cavities, leucocyte migration in response to inflammatory mediators, synthesis of pro-inflammatory cytokines, growth factors and extracellular matrix proteins to aid in serosal repair, release of factors to promote both the deposition and clearance of fibrin, and antigen presentation. Furthermore, the secretion of molecules, such as glycosaminoglycans and lubricants, not only protects tissues from abrasion, but also from infection and possibly tumour dissemination. Mesothelium is also unlike other epithelial-like surfaces because healing appears diffusely across the denuded surface, whereas in true epithelia, healing occurs solely at the wound edges as sheets of cells. Although controversial, recent studies have begun to shed light on the mechanisms involved in mesothelial regeneration. In the present review, the current understanding of the structure and function of the mesothelium and the biology of mesothelial cells is discussed, together with recent insights into the mechanisms regulating its repair.

Spinal Injury Lawsuits

Whether a spinal injury results from a car accident, a fall, or some other cause, the impact on the lives of spinal injury victims and families can be devastating -- and the lifetime medical costs associated with spinal injury can be enormous. If you or a family member have been in an accident and suffered spinal cord injury, you may be able to file a lawsuit and get compensation for your injuries and losses. This article explains spinal cord injuries and the kinds of legal issues that may come up in your case.

What Is Spinal Cord Injury?

Spinal cord injury is damage to the spinal cord (the bundle of nerves housed within the spinal column, or "backbone," that carries messages between the brain and body) that results in full or partial loss of motor control and sensation. Spinal cord injuries can leave victims paralyzed in the lower parts of the body (paraplegic) or in all four limbs (quadriplegic). Because the spinal cord is responsible for a range of bodily functions -- like breathing, body temperature, bladder, and sexual functioning -- accident victims can suffer a broad range of permanent and serious health problems.

Common Causes of Spinal Cord Injury

Spinal cord injury is usually the result of a traumatic injury or blow to the spine. According to the National Spinal Cord Injury Statistical Center, common causes of spinal cord injury are:

• motor vehicle accidents (responsible for 42.1% of spinal cord injuries)
• falls (26.7%)
• acts of violence, such as gun shot wounds (15.1%), and
• recreational sports activities (7.6%).

Spinal cord injury can also be caused by errors that occur during risky surgical procedures involving the back and the neck. In some of these cases, a spinal cord injury may have been avoidable, and the error might rise to the level of medical malpractice. (Learn more in Nolo's article Medical Malpractice Basics.)

Legal Basis of Spinal Cord Injury Lawsuits

Spinal cord injuries caused by negligence. Most spinal cord injury lawsuits (and most personal injury lawsuits in general) are based on a legal theory called negligence. If your spinal cord injury case is based on negligence -- your injury happened when a car hit your motorcycle or when you slipped and fell on a broken staircase -- you will need to prove that the party you are suing (the "defendant" in legalese) is legally responsible or "at fault." To learn about what you must prove in a negligence lawsuit, see Nolo's article Proving Fault in Personal Injury Accidents: General Rules.

Spinal cord injuries caused by defective products. If your spinal injury was caused by a defective or dangerous product (faulty seatbelts or airbags that made injuries sustained in a car accident much worse, for example), you may be entitled to compensation from the companies that designed, manufactured, and sold the product. For more information about defective product cases, see Nolo's Product Liability FAQ.

Common Defenses in Spinal Injury Cases

Contributory and comparative negligence. It's not uncommon in spinal cord injury cases for a defendant to argue that the injured person's own carelessness contributed to the accident, so the defendant is not legally at fault. For example, since alcohol is a factor in many spinal cord injuries (about 1 in 4 cases according to the Mayo Clinic), a defendant might argue that the injured person's intoxication was the main cause of the accident and the resulting injuries. This defense is based on legal theories known as "contributory negligence" (the victim's carelessness contributed to the injury) and "comparative negligence" (the victim and defendant's relative carelessness are weighed).

assumption of the risk. If your spinal cord injury occurred when you were involved in a dangerous activity (like bungee jumping or skiing, for example), the defendant will likely raise the "assumption of the risk" defense -- arguing that you chose to take part in an activity that was likely to cause you harm so you're not entitled to compensation.

These defenses -- contributory negligence, comparative negligence, assumption of the risk, and more -- are explained in Nolo's article Defenses in Personal Injury Cases.

Compensation in Spinal Cord Injury Cases

The general purpose of a monetary award in a spinal cord injury case (as with any personal injury lawsuit) is to compensate an injured person for the losses caused by the accident and injury. To the extent that a money-based award (called "damages") can do so, payment is designed to restore the injured person to his or her pre-accident condition.

In spinal cord injury cases, damages typically include compensation that goes above and beyond reimbursement for incurred medical expenses and "pain and suffering." Since a spinal cord injury can have permanent and life-altering effects, a damages award can also include compensation for things like ongoing health care and rehabilitation, the cost of assistive devices (like motorized wheelchairs), and modifications to the injury victim's home (like access ramps and stair lifts).

Learn more about the different types of compensation available in a personal injury lawsuit in Nolo's article Damages: How Much is a Personal Injury Claim Worth?

Spinal Cord Injury Cases - Getting Help

Spinal cord injury lawsuits usually involve more complex legal and medical issues than those in a typical injury case so, if you're thinking about filing a lawsuit, you might want to speak with a lawyer who specializes in spinal cord injury litigation.

For help in choosing a good personal injury attorney, read Nolo's article Finding a Personal Injury Lawyer. Go to Nolo's Lawyer Directory for a list of personal injury attorneys in your geographical area (click on the "Types of Cases" and "Work History" tabs to find out about the lawyer's expertise, if any, with spinal cord injury cases)

Atlanta Spinal Injury Lawsuits: Experience Matters

 

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If you or a loved one has suffered a spinal cord injury, the attorney you choose can play a significant role in whether you win or lose your case. At Morgan and Morgan, our spinal cord injury lawyers realize that it is their job to educate the defense on our client's damages, and provide evidence as to why they are responsible for these losses. We have helped a countless number of clients pursue claims for medical bills, lost wages and other damages to help them regain financially stable following an unexpected accident.

When a person suffers a spinal cord injury due to another's negligence, they may be able to file a lawsuit against the at-fault party to recover compensation for their medical bills, physical pain and lost wages. If you or a loved one has suffered a spinal cord injury, fill out our free case review form today to find out how our attorneys may be able to help you seek financial compensation.

The Process of Filing a Spinal Cord Lawsuit

Filing an Atlanta spinal cord lawsuit can help you obtain the funds needed for medical treatment, rehabilitation, and other costs related to your spinal cord injury. Through a Georgia spinal cord lawsuit, you may also be able to recover funds for loss of earning capacity as well as non-economic damages, such as emotional pain and suffering. To file a claim, contact a Morgan & Morgan spinal cord injury attorney with the details of your accident. Our experienced attorneys can work alongside top-rated experts to establish negligence and liability in your case, as well as to project the cost of living with your injury over the course of a lifetime. If it is determined that your injury was the result of another’s negligence, a viable Atlanta spinal cord injury claim may be filed on your behalf seeking compensation from the party responsible for your losses.

Spinal Stenosis and Other Injuries

Our attorneys handle cases involving a number of spinal cord injuries, including spinal stenosis. Spinal stenosis is the narrowing of the spinal column that causes pressure on the spinal cord, or narrowing of the openings (called neural foramina) where spinal nerves leave the spinal column. Spinal stenosis can cause victims to experience loss of balance, difficulty walking, mobility issues, painful movements, numbness in the extremities, and weakness of the back.

Other spinal cord injuries handled by our firm include the following:

• Cervical spinal cord injuries: causes paralysis or weakness in arms and legs
• Thoracic spinal cord injuries: loss of physical sensation in the legs along with bowel, bladder, and sexual dysfunction
• Lumbar spinal cord injuries: weakness and paralysis of the legs
• Sacral spinal cord injuries: weakness and paralysis of the hips and legs
• Spondylolisthesis / spondylosis: the forward slippage of a vertebral body
• Ruptured and herniated disks
• Paralysis
• Quadriplegia
• Paraplegia
• Degenerative disc disease

Brain & Spinal Cord Injuries

Traumatic brain injuries and spinal injuries are often permanent, always life-changing, and affect the lives of both victims and their families. These injuries, whether involving permanent paralysis or not, are often caused by the fault of others, whether by surgical error, birth injury, subway or train accident, automobile, truck or motorcycle collisions, construction site mishaps, playground accidents, slip and fall accidents, chemical exposure, defective products or machinery failures.

BRAIN TRAUMA

More than a million Americans experience a brain injury each year, whether a Traumatic Brain Injury (TBI), closed head injury, skull fracture, depressed skull injury, or brain bleed, and 80,000 people have long-term disabilities as a result of their injury. In fact, according to the National Center for Injury Prevention, 1.5 million Americans each year sustain a brain injury. Of those, 50,000 die and over 1 million are treated in hospitals. Many of these victims are children, who are most at risk.  Almost 500,000 children suffer serious brain injuries as a result of accidents each year. Additionally, many construction workers suffer brain injuries due to the nature of their work. 

Brain trauma is usually the result of a direct blow to the head, which can bruise the brain and damage its internal tissues and blood vessels. The severity of a head or brain injury can range from a mild concussion to a severe injury that results in coma or even death. In a closed head or brain injury, there is no break in the skull and the brain is jarred against the sides of the skull, shearing (or tearing) the internal lining, nerves, tissues, and blood vessels, causing bleeding, bruising, or swelling. These types of injuries are often classified as subdural hematomas, sub-arachnoid bleeds and epidural bleeds.  In a penetrating or open head injury, the skull is broken.

The sudden and profound injury the brain sustains at the time of the accident is called the primary brain injury. It can be followed by secondary brain injury, a cascade of cellular, chemical, tissue, or blood vessel changes that evolve in the hours to days after the accident. These changes can further destroy brain tissue.

SPINE TRAUMA

Spinal cord injuries affect between four and five million Americans yearly, and 400,000 live with the continuing effects of these injuries. Injuries to the neck(the cervical spine) or to the back (the lumbar spine) can result in serious damage to the spinal cord causing permanent, and often catastrophic injuries.

An injury to the spinal cord, the central carrier of signals throughout the body, may be simply a bruise (or contusion), or a partial or complete tear. A mild contusion may cause the temporary loss of some function below the site of the injury. A complete transection, or severing of the spinal cord, causes a total and permanent loss of sensation and movement below the site of the injury.

THE SPINAL COLUMN

The spinal column is a flexible, mobile assemblage of individual segments of bone which are called vertebrae. There are seven cervical vertebrae (the neck), twelve thoracic vertebrae (chest) and five lumbar vertebrae (the back) all of which move with the structures above and below. The sacrum (located at the base of the lumbar vertebrae) consists of five vertebrae, all of which are fused forming a solid body. The coccyx (tailbone) is made up of four to five bony segments which are fused together to form one bone, although mobile on the sacrum.

1. THE VERTEBRAE

The vertebrae are made up of the vertebral body, lying in front of or anterior to the spinal cord, and the posterior portion, which consists of the neural bony arch which is located on each side of and behind the spinal cord. The bodies of the vertebrae are connected together by the intervertebral disc structures (the tough ring of annulus fibrosis and the sem-gelatinous nucleus pulposus). On its upper or superior, and lower or inferior surfaces each vertebral body is covered with a thin plate of cartilage.

2. THE NEURAL ARCH

The posterior neural arch is divided into anatomical parts. The arch is connected to the vertebra body on both sides by what is known as the pedicel. The vertebra moves with that above and below not solely through the vertebral bodies but also through bilateral joints called the facets. The facets are located on the posterior neural arches. The facet articulating with the vertebra above is called the superior facet; that with the vertebra below is the inferior facet continuing from the facets posteriorly are the laminate, which meet with each other at the midline. Completing the boney neural arch from the midpoint of the neural arch, posteriorly and projecting backward is the spinous process, to which ligaments and muscles are attached.

3. THE INTRA VERTEBRAL DISC

The Intra Vertebral discs are interposed between the adjacent structures of the vertebral bodies from the second cervical vertebrae to the sacrum forming strong bonds between the adjacent vertebrae. Each intervertebral disc has two parts, the annulus fibrosis and the nucleus pulposus. The annulus fibrosis is made up of laminae (layers) of fibrous tissue. They are arranged concentrically; the outermost of fibrous tissues, the other of fibrocartilage. The annulus fibrosis surrounds the nucleus pulposus and can be compared to a retaining sheath of fibrous tissue. The tension of the elastic annulus fibrosis keeps the nucleus under pressure. The nucleus pulposus has a pulpy or mucoid consistency. Basically, a disc herniation occurs when the nucleus herniates (protrudes) the annulus fibrosis. Depending on the extent and direction of the herniation (anterior or posterior) the nucleus pulposus can encroach upon the spinal nerve roots and subject them to pressure and/or resulting pain in the areas of the body enervated by the effected nerve roots. Herniated discs may be caused by trauma, such as car, truck and bus accidents, construction accidents and other types of accidents which cause severe trauma to the spinal column. A posterior herniation may cause the nucleus pulposus to encroach on the spinal nerve roots causing severe pain and resulting disability for which surgery may be required.

Where brain injury or spinal injury is the result of someone else's wrongful conduct, experienced attorneys are required. Your lawyer must be prepared to investigate, file suit, and prosecute your claim with intensity and passion. The New York brain and spinal cord injury attorneys at Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz have the experience, medical knowledge and courtroom track record necessary to make certain that you, or the loved one for whom you are responsible, obtain full compensation covering medical expense, rehabilitation cost, lost wages, supplies and equipment, loss of enjoyment of life and pain and suffering.  Our lawyers have achieved outstanding results for our clients who suffer from quadriplegia, paralysis, or loss of brain function as a result of traumatic accidents.

  The New York personal injury law firm of Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz is dedicated to the recovery of full and fair compensation for accident victims whose injuries include brain trauma or spinal cord damage. Our attorneys and staff have the skill and experience to obtain full and fair compensation for those who have sustained such injuries. Brain and spinal injured victims, as well as their families, need lawyers who understand the medical, physical, economic and psychological impacts of Traumatic Brain Injury(TBI) and Spinal Cord Injuries(SCI).

  Quadriplegia, paraplegia and brain damage are catastrophic injuries involving damage to the Central Nervous System.  Victims sustaining these types of injuries need attorneys who possess the extensive knowledge and experience necessary to secure proper and adequate compensation for those whose lives have been irreparably damaged.  At Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz, our attorneys have extensive background and training in prosecuting cases in New York involving these and other types of injuries to the Central Nervous System. The brain and spinal cord, the two main components of the Central Nervous System, control neural function throughout the body. Knowledge of motor and sensory function is a key element in securing appropriate compensation for the victim of such an injury whether it be paralysis, paresis or brain injury. Not only do our attorneys have more experience in handling these types of injuries than other law firms, but we have obtained among the highest awards in the country for our clients. Indeed, our attorneys have such familiarity with these injuries that we are often called upon to teach and lecture to other attorneys at Continuing Legal Education (CLE) sponsored by educational associations throughout the United States. 

At Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz, every case of this type is thoroughly prepared so that the present and future needs of the victim are accounted for both medically and financially.  At the outset, we assemble a team of legal and medical experts chosen for their ability to analyze, document, and persuasively describe their findings with respect to every technical issue of liability and damages that will arise in your case. We consult nationally recognized experts in healthcare, medicine, and life care planning in order to ensure our clients receive full compensation. In cases involving paraplegia or quadriplegia, we work with established healthcare cost data that details known costs associated with current and future nursing care, medical equipment, and other needed medical care including the cost of wheelchairs and required changes to your home and your vehicle.  A physical rehabilitative expert (a physiatrist) works with a life care planner to identify and address the physical, medical and day-to-day needs of the victim and individualized plans are prepared to insure that the victim can achieve some level of future independence and a meaningful quality of life.  An economist is retained to analyze and quantify the medical costs associated with the life care plan and prepare a report that accounts for rising medical costs, interest and inflation.  An experienced Trial Attorney is, in this way, equipped to present all of the damage issues to the jury in clear and understandable terms.

At Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz,  we have obtained many of the largest awards in New York and the United States for clients who have sustained injuries to the Central Nervous System. This is due to our extensive knowledge and background in these types of cases, coupled with our meticulous preparation and attention to detail, which is well-known throughout New York. We pride ourselves in the work we have done for our clients who have suffered such life-altering injuries.

Our goal in all cases is to help you recover the money you will need to make the most of your life in the aftermath of a traumatic accident. For more information regarding our practice and how we can help you, contact a New York brain and spinal cord injury lawyer at Gair, Gair, Conason, Steigman, Mackauf, Bloom & Rubinowitz to schedule a free consultation.