Benzene Information

The many thousands of cancer patients in the Gulf Coast region who have
been displaced by Hurricane Katrina may have trouble over the coming
weeks getting access to the cancer treatment they need. To ensure that
these patients, many of whom are in need of acute care, do not have
their treatments interrupted, the Society is reaching out to treatment
facilities in the surrounding region to find out which ones are able to
help displaced patients from the evacuated areas. Patients are urged to
contact the Society’s Information Resource Center (IRC) at 1(800)
955-4572 to receive referrals to treatment facilities in the areas to
which they have relocated. Specialists in the IRC can also answer
questions about patients’ eligibility for financial aid offered by the
Society.

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This is why Statutes of Limitation are SO important.  This guy filed a claim within 1 year of when he discovered that benzene caused his cancer, BUT it apparently was not filed within a year from when he was diagnosed (although the story is not clear on that).  In this case, he got caught in a state law trap.  The court told him that state law required that the claim be filed earlier.

Source:  www.kake.com

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Gerald Michaud of Wichita, Kansas was a malpractice lawyer who took on some ground breaking cases.  He died at his home at age 76 of congestive heart failure.  One case that he had was a benzene case where he proved that it caused his client’s cancer.  He got a verdict for that client.  Amount:  $34 million.

Source:  RedNova.com

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What does a railroad or shipyard have to do with Benzene? Other than the fact that benzene is found in many products there, the answer is FELA.  FELA is the Federal Labor and Employment Act.  This act basically is the workers compensation law that governs these workers.  FELA gives many workers the right to pursue a workers comp claim by using a lawsuit instead of the usual administrative state workers comp system.

If you are a shipyard or railroad worker this law basically gives you another option.  And using FELA is often to your advantage.

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