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Can a Mesothelioma Patient Get Compensation for Surgery?


Mesothelioma Surgery

Even with the latest and best cancer treatments, mesothelioma tumor cells can remain unnoticed in the body. Mesothelioma survivors can live for several years in partial remission despite the presence of viable tumor activity. It is something doctors must monitor closely. For the patient, it means the disease is chronic but manageable. Although it is rare, it is possible to reach a complete remission. This occurrence usually stems from an early diagnosis and an aggressive treatment approach. An aggressive treatment approach usually involves surgery.

Patients diagnosed with mesothelioma or another asbestos-related disease may be able to apply for legal compensation for surgery or other treatment options. This includes mesothelioma victims who were exposed to asbestos. Family members can also apply for legal compensation when a loved one passes away due to mesothelioma or another asbestos-related disease.

The first step to receiving compensation is to get in touch with a lawyer who is experienced with mesothelioma cases. A lawyer will help determine the eligibility for a case and tell the patient exactly what is needed to receive compensation.

There are options available to mesothelioma patients and their families who are struggling to afford the on-going and expensive treatment options for mesothelioma. Surgery is almost always in a mesothelioma patient’s treatment plan. The ultimate goal of the lawyer is to ensure that the patient gets the compensation that they need to afford necessary expenses.

What are the Treatment Options for Mesothelioma Patients?

Extrapleural pneumonectomy (EPP) is an extensive procedure. An EPP extracts the affected lung and everything around it that could be affected in the future, including the pleura, the lining around the lung, and the pericardium, which is the lining around the heart. It might also involve removing the diaphragm, which is later rebuilt with prosthetic material. Chemotherapy and radiation are often included in a treatment plan as well.

Surgery is one of the best remedies for mesothelioma. Surgical treatment removes a large portion of the tumors from the body. Even after surgery, tumors can form and spread again within a few years. Different types of surgeries include:

  • Extrapleural pneumonectomy, which removes the lung, pleura, diaphragm, and pericardium.
  • Pleurectomy with decortication, which removes the pleura and possibly the diaphragm and pericardium.
  • Cytoreduction, which also removes the peritoneum.

Although surgery can be effective in eliminating a vast majority of mesothelioma from the body, it can also be a very expensive treatment. The process can span across several months or even years, easily piling up in specialist and hospital bills for both the patient and their family.

How Much is My Mesothelioma Case Worth?

Compensation for mesothelioma can alleviate some of the burden on spouses, children, family members, and the patient. Some of the common costs associated with mesothelioma include:

  • Surgery and treatment
  • Loss of income
  • Medications
  • Travel to and from the hospital
  • Litigation costs

Mesothelioma compensation averages between $1 million and $1.4 million, according to the Mesothelioma Veterans Center. Financial compensation for mesothelioma may come from asbestos trust funds, settlements, or jury verdicts. It typically takes less than one year to receive mesothelioma compensation from trust funds and settlements. It may take years to receive compensation from trial verdicts.

Mesothelioma compensation differs for each type of claim. If a mesothelioma claim goes to trial, a settlement could be reached, or a jury could determine the amount of compensation if the defendant is found guilty for the asbestos exposure.

Deciding whether to file a lawsuit is an important decision in any situation, especially if the patient is coping with the stress of a terminal illness. A mesothelioma lawyer can provide the most accurate estimate of how long it might take to get compensation for each unique case.

What are the Best Steps to Secure My Entitled Compensation?

To strengthen a case for compensation, a mesothelioma patient should do the following:

  • Speak with an experienced lawyer who can help determine what is best for the patient and their family.
  • Work with a lawyer to help them discover the asbestos exposure history.
  • Consider all options for compensation that the lawyer presents, which may include trust funds and lawsuits.
  • If the patient decides to file a lawsuit, they may have to consider settlement offers from defendants.

What are Some Options for Compensation?

The first option is tapping into a mesothelioma trust fund. The U.S. asbestos manufacturers have set aside more than $35 billion in trust funds to help those fighting mesothelioma or other asbestos-related diseases.

The second option is seeking veteran claims and benefits. A veteran who suffers from an asbestos-related illness related to their military service may be eligible for multiple government benefits and financial compensation.

Another option is Workers’ Compensation. Mesothelioma victims receiving these benefits are still entitled to additional legal compensation. Workers’ Compensation can provide some payment to people who have been diagnosed with mesothelioma. Although it will not cover all the costs of mesothelioma, it will help pay for a portion of surgery or another treatment option.

The next option is using the money from the settlement to help pay for surgeries. Some mesothelioma victims receive settlements that exceed $1 million. For this choice to be tangible, a lawsuit must be filed as soon as possible to ensure that it is still available and to receive the compensation in a timely manner. A mesothelioma patient should seek a lawyer to guide them and their family through the legal process. A lawyer will minimize the stress of the paperwork and wait time as well as help secure fair compensation.

What are the Two Types of Company Lawsuits?

There are two primary types of lawsuits that mesothelioma victims can file against an asbestos manufacturer or negligent company:

Personal Injury Lawsuit: This lawsuit aims to cover the expenses associated with mesothelioma as well as the emotional and physical suffering endured. Some judges will also order punitive damages.

Wrongful Death Lawsuit: This is filed by family members who lost a loved one due to asbestos exposure. A wrongful death lawsuit may also include compensation for medical expenses, any lingering debts that have occurred, pain and suffering, and punitive damages.

An asbestos victim should speak to a lawyer to determine how to proceed for compensation.

Philadelphia Mesothelioma Lawyers at Brookman, Rosenberg, Brown & Sandler Advocate for Mesothelioma Patients Seeking Compensation for Surgery

If you are suffering from mesothelioma that requires surgery, you need to contact a Philadelphia mesothelioma lawyer at Brookman, Rosenberg, Brown & Sandler. Our lawyers have the knowledge to fight for fair compensation for mesothelioma victims. For more information and a free consultation, contact us online or call us at 215-569-4000. From our office located in Philadelphia, we proudly serve clients throughout New Jersey and Pennsylvania, including Delaware County, Chester County, and Philadelphia County.