Asbestos Mesothelioma Lawsuit filed by New Jersey Mesothelioma Attorneys Levy Phillips & Konigsberg, LLP, Moves to Trial

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The suit is on behalf of a woman who developed Mesothelioma after exposure to asbestos from brake repairs performed by her family members.

The New Jersey mesothelioma attorneys Levy Phillips & Konigsberg, LLP, with offices also in New York, filed an asbestos mesothelioma lawsuit on behalf of a woman who was exposed to asbestos as a result of her husband and children performing brake work. The woman was diagnosed with mesothelioma in 2002 and died from her illness shortly after mesothelioma treatments were attempted at Virtua West Jersey Hospital. The asbestos mesothelioma lawsuit, case number 03-0007, was filed in Middlesex County in central New Jersey and is set to proceed to trial this summer.

Brake dust, containing asbestos, can be released when a brake disk or drum is removed from a vehicle. The dust is frequently invisible to the naked eye, but if the brakes contain asbestos, then the dust released from the brakes will contain asbestos. The brake work, which will be at issue in this trial, was performed by the woman's husband and children on the family's cars in the garage and driveway of their New Jersey home from the 1960s through the 1980s. During the trial, it will be argued that the brand predominately used for the brake work was asbestos-containing Bendix brakes. The victim was unknowingly exposed to asbestos as a result of her laundering the dusty clothes and the used rags that were used by her husband and children after they performed the brake work. The victim would shake out the dirty clothes and dusty rags and then launder them. She performed the clean-up and laundry without any realization that she was neither in any danger nor that she was being exposed to asbestos-laden dust.

This asbestos mesothelioma lawsuit is coming on the heels of a new set of recommendations from the Environmental Protection Agency regarding automobile repairs and the importance of reducing or eliminating asbestos exposure from such work. The EPA in March 2007 released the guideline brochure entitled, "Current Best Practices for Preventing Asbestos Exposure Among Brake and Clutch Repair Workers" which is similar to guidance that EPA has been distributing since 1986. The EPA states in this publication that by using the recommended practices, home mechanics can minimize potential exposure to asbestos and reduce their potential risk of developing asbestos-related disease. For example, the EPA recommends not using compressed air or dry rags for cleaning. To visit the EPA website to learn more about how to lower the risks of asbestos exposure from asbestos dust while doing brake and auto repairs, please click on the following link: http://www.epa.gov/asbestos/pubs/brakesbrochure.html.

Symptoms of mesothelioma usually don't appear until at least 15 years after the victim's first contact or exposure to asbestos whether it is in workplace, the home environment or elsewhere. Exposure, even for a short duration, can cause mesothelioma. Asbestos fibers are microscopic and exposure can occur without one ever being aware of it. Asbestos mesothelioma lawsuits, may be brought when mesothelioma occurs not only in the people working directly with asbestos products but also in bystanders and family members who were exposed to the asbestos dust, as is the case here. Asbestos is the only known cause of mesothelioma, a cancer that occurs primarily in the lining of the lungs and the abdomen. Mesothelioma treatments can help prolong life, and provide palliative care benefits, but unfortunately there is no mesothelioma cure.

The New Jersey Mesothelioma Attorneys at Levy Phillips & Konigsberg, LLP have filed asbestos mesothelioma lawsuits on behalf of mesothelioma victims in the New York and New Jersey area for more than 25 years. The law firm has worked with some of the top mesothelioma doctors in the world including doctors whose practice focuses on the research of new mesothelioma treatments. Learn more about Levy Phillips & Konigsberg, LLP.

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Jay Berkowitz
CEPAC
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